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Public Act 102-0687 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Nature of this Act. | ||||
(a) This Act may be cited as the Second 2021 General | ||||
Revisory Act. | ||||
(b) This Act is not intended to make any substantive | ||||
change in the law. It reconciles conflicts that have arisen | ||||
from multiple amendments and enactments and makes technical | ||||
corrections and revisions in the law. | ||||
This Act revises and, where appropriate, renumbers certain | ||||
Sections that have been added or amended by more than one | ||||
Public Act. In certain cases in which a repealed Act or Section | ||||
has been replaced with a successor law, this Act may | ||||
incorporate amendments to the repealed Act or Section into the | ||||
successor law. This Act also corrects errors, revises | ||||
cross-references, and deletes obsolete text. | ||||
(c) In this Act, the reference at the end of each amended | ||||
Section indicates the sources in the Session Laws of Illinois | ||||
that were used in the preparation of the text of that Section. | ||||
The text of the Section included in this Act is intended to | ||||
include the different versions of the Section found in the | ||||
Public Acts included in the list of sources, but may not | ||||
include other versions of the Section to be found in Public |
Acts not included in the list of sources. The list of sources | ||
is not a part of the text of the Section. | ||
(d) Public Acts 101-652 through 102-98 were considered in | ||
the preparation of the combining revisories included in this | ||
Act. Many of those combining revisories contain no striking or | ||
underscoring because no additional changes are being made in | ||
the material that is being combined. | ||
(5 ILCS 80/4.32 rep.) | ||
Section 5. The Regulatory Sunset Act is amended by | ||
repealing Section 4.32. | ||
Section 7. The Election Code is amended by changing | ||
Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:
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(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
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Sec. 2A-1.1. All elections; consolidated elections - | ||
consolidated schedule. | ||
(a) Except as otherwise provided in this Code, in
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even-numbered years, the general election shall be held on the | ||
first
Tuesday after the first Monday of November; and an | ||
election to be known
as the general primary election shall be | ||
held on the third Tuesday in March . ;
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(b) In odd-numbered years, an election to be known as the
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consolidated election shall be held on the first Tuesday in | ||
April except
as provided in Section 2A-1.1a of this Code Act ; |
and
an election to be known as the consolidated primary | ||
election shall be
held on the last Tuesday in February.
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(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
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(10 ILCS 5/7-4) (from Ch. 46, par. 7-4)
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Sec. 7-4.
The following words and phrases in this Article | ||
7 shall,
unless the same be inconsistent with the context, be | ||
construed as
follows:
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1. The word "primary" , the primary elections provided for | ||
in this
Article, which are the general primary, the | ||
consolidated primary, and for
those municipalities which have | ||
annual partisan elections for any officer,
the municipal | ||
primary held 6 weeks prior to the general primary election
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date in even numbered years.
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2. The definitions definition of terms in Section 1-3 of | ||
this Code Act shall apply to
this Article.
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3. The word "precinct" , a voting district heretofore or | ||
hereafter
established by law within which all qualified | ||
electors vote at one
polling place.
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4. The words "state office" or "state officer", an office | ||
to be
filled, or an officer to be voted for, by qualified | ||
electors of the
entire state, including United States Senator | ||
and Congressperson at large.
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5. The words "congressional office" or "congressional | ||
officer",
representatives in Congress.
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6. The words "county office" or "county officer," include |
an office
to be filled or an officer to be voted for, by the | ||
qualified electors of
the entire county. "County office" or | ||
"county officer" also include the
assessor and board of | ||
appeals and county commissioners and president of
county board | ||
of Cook County, and county board members and the chair
of the | ||
county board in counties subject to Division 2-3 of the | ||
Counties Code "An Act relating to the
composition and election | ||
of county boards in certain counties", enacted
by the 76th | ||
General Assembly .
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7. The words "city office" and "village office," and | ||
"incorporated
town office" or "city officer" and "village | ||
officer", and "incorporated
town officer" , an office to be | ||
filled or an officer to be voted for by
the qualified electors | ||
of the entire municipality, including alderpersons.
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8. The words "town office" or "town officer", an office to | ||
be filled
or an officer to be voted for by the qualified | ||
electors of an entire
town.
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9. The words "town" and "incorporated town" shall | ||
respectively be
defined as in Section 1-3 of this Code Act .
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10. The words "delegates and alternate delegates to | ||
National
nominating conventions" include all delegates and | ||
alternate delegates to
National nominating conventions whether | ||
they be elected from the state
at large or from congressional | ||
districts or selected by State convention
unless contrary and | ||
non-inclusive language specifically limits the term
to one | ||
class.
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11. "Judicial office" means a post held by a judge of the | ||||||||||||||
Supreme,
Appellate , or Circuit Court.
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(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
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(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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Sec. 7-10. Form of petition for nomination. The name of no | ||||||||||||||
candidate for
nomination, or State central committeeperson, or | ||||||||||||||
township committeeperson, or
precinct committeeperson, or ward | ||||||||||||||
committeeperson or candidate for delegate or
alternate | ||||||||||||||
delegate to national nominating conventions, shall be printed
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upon the primary ballot unless a petition for nomination has | ||||||||||||||
been filed in
his behalf as provided in this Article in | ||||||||||||||
substantially the following form:
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We, the undersigned, members of and affiliated with the | ||||||||||||||
.... party
and qualified primary electors of the .... party, | ||||||||||||||
in the .... of ....,
in the county of .... and State of | ||||||||||||||
Illinois, do hereby petition that
the following named person | ||||||||||||||
or persons shall be a candidate or candidates
of the .... party | ||||||||||||||
for the nomination for (or in case of committeepersons for
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election to) the office or offices hereinafter specified, to | ||||||||||||||
be voted
for at the primary election to be held on (insert | ||||||||||||||
date).
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Name.................. Address.......................
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State of Illinois)
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) ss.
| ||
County of........)
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I, ...., do hereby certify
that I reside at No. .... | ||
street, in the .... of ...., county of ....,
and State of | ||
....., that I am 18 years of age or older, that
I am a citizen | ||
of the United States, and that the signatures on this sheet
| ||
were signed
in my presence, and are genuine, and that to the | ||
best of my knowledge
and belief the persons so signing were at | ||
the time of signing the
petitions qualified voters of the .... | ||
party, and that their respective
residences are correctly | ||
stated, as above set forth.
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.........................
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Subscribed and sworn to before me on (insert date).
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.........................
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Each sheet of the petition other than the statement of | ||
candidacy and
candidate's statement shall be of uniform size | ||
and shall contain above
the space for signatures an | ||
appropriate heading giving the information
as to name of | ||
candidate or candidates, in whose behalf such petition is
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signed; the office, the political party represented and place | ||
of
residence; and the heading of each sheet shall be the same.
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Such petition shall be signed by qualified primary | ||
electors residing
in the political division for which the | ||
nomination is sought in their
own proper persons only and | ||
opposite the signature of each signer, his
residence address | ||
shall be written or printed. The residence address
required to | ||
be written or printed opposite each qualified primary | ||
elector's
name shall include the street address or rural route | ||
number of the signer,
as the case may be, as well as the | ||
signer's county, and city, village or
town, and state.
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However , the county or city, village or town, and state of | ||
residence of
the electors may be printed on the petition forms | ||
where all of the
electors signing the petition reside in the | ||
same county or city, village
or town, and state. Standard | ||
abbreviations may be used in writing the
residence address, | ||
including street number, if any. At the bottom of
each sheet of | ||
such petition shall be added a circulator statement signed by
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a person 18 years of age or older who is a citizen of the | ||
United States,
stating the street address or rural route | ||
number, as the case may be, as well
as the county, city, | ||
village or town, and state;
and certifying that the signatures | ||
on that sheet of the petition were signed in
his or her | ||
presence and certifying that the signatures are genuine; and
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either (1) indicating the dates on which that sheet was | ||
circulated, or (2)
indicating the first and last dates on | ||
which the sheet was circulated, or (3)
certifying that none of | ||
the signatures on the sheet were signed more than 90
days |
preceding the last day for the filing of the petition and | ||
certifying that
to the best of his or her knowledge and belief | ||
the persons so signing were at
the time of signing the | ||
petitions qualified voters of the political party for
which a | ||
nomination is sought. Such statement shall be sworn to before | ||
some
officer authorized to administer oaths in this State.
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Except as otherwise provided in this Code, no petition | ||
sheet shall be circulated more than 90 days preceding the
last | ||
day provided in Section 7-12 for the filing of such petition.
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The person circulating the petition, or the candidate on | ||
whose behalf the
petition is circulated, may strike any | ||
signature from the petition,
provided that:
| ||
(1) the person striking the signature shall initial | ||
the petition at
the place where the signature is struck; | ||
and
| ||
(2) the person striking the signature shall sign a | ||
certification
listing the page number and line number of | ||
each signature struck from
the petition. Such | ||
certification shall be filed as a part of the petition.
| ||
Such sheets before being filed shall be neatly fastened | ||
together in
book form, by placing the sheets in a pile and | ||
fastening them together
at one edge in a secure and suitable | ||
manner, and the sheets shall then
be numbered consecutively. | ||
The sheets shall not be fastened by pasting
them together end | ||
to end, so as to form a continuous strip or roll. All
petition | ||
sheets which are filed with the proper local election |
officials,
election authorities or the State Board of | ||||||||||||||||||||||
Elections shall be the original
sheets which have been signed | ||||||||||||||||||||||
by the voters and by the circulator thereof,
and not | ||||||||||||||||||||||
photocopies or duplicates of such sheets. Each petition must | ||||||||||||||||||||||
include
as a part thereof, a statement of candidacy for each of | ||||||||||||||||||||||
the candidates filing,
or in whose behalf the petition is | ||||||||||||||||||||||
filed. This statement shall set out the
address of such | ||||||||||||||||||||||
candidate, the office for which he is a candidate, shall state
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that the candidate is a qualified primary voter of the party to | ||||||||||||||||||||||
which the
petition relates and is qualified for the office | ||||||||||||||||||||||
specified (in the case of a
candidate for State's Attorney it | ||||||||||||||||||||||
shall state that the candidate is at the time
of filing such | ||||||||||||||||||||||
statement a licensed attorney-at-law of this State), shall | ||||||||||||||||||||||
state
that he has filed (or will file before the close of the | ||||||||||||||||||||||
petition filing period)
a statement of economic interests as | ||||||||||||||||||||||
required by the Illinois Governmental
Ethics Act, shall | ||||||||||||||||||||||
request that the candidate's name be placed upon the official
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ballot, and shall be subscribed and sworn to by such candidate | ||||||||||||||||||||||
before some
officer authorized to take acknowledgment of deeds | ||||||||||||||||||||||
in the State and shall be in
substantially the following form:
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Statement of Candidacy
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|
State of Illinois)
| ||
) ss.
| ||
County of .......)
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I, ...., being first duly sworn, say that I reside at .... | ||
Street in the city
(or village) of ...., in the county of ...., | ||
State of Illinois; that I
am a qualified voter therein and am a | ||
qualified primary voter of the ....
party; that I am a | ||
candidate for nomination (for election in the case of | ||
committeeperson
and delegates and alternate delegates) to the | ||
office of ....
to be voted upon at the primary election to be | ||
held on (insert date); that I am
legally qualified (including
| ||
being the holder of any license that may be an eligibility | ||
requirement
for the office I seek the nomination for) to hold | ||
such office and that I
have filed (or I will file before the | ||
close of the petition filing period)
a statement of economic | ||
interests as required by the Illinois
Governmental Ethics Act | ||
and I hereby request that my name be printed
upon the official | ||
primary ballot for nomination for (or election to in
the case | ||
of committeepersons and delegates and alternate delegates) | ||
such
office.
| ||
Signed ......................
| ||
Subscribed and sworn to (or affirmed) before me by ...., | ||
who is to me
personally known, on (insert date).
| ||
Signed ....................
| ||
(Official Character)
| ||
(Seal, if officer has one.)
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The petitions, when filed, shall not be withdrawn or added | ||
to, and no
signatures shall be revoked except by revocation | ||
filed in writing with
the State Board of Elections, election | ||
authority or local election
official with whom the petition is | ||
required to be filed, and before the
filing of such petition. | ||
Whoever forges the name of a signer upon any
petition required | ||
by this Article is deemed guilty of a forgery and on
conviction | ||
thereof shall be punished accordingly.
| ||
A candidate for the offices listed in this Section must | ||
obtain the number
of signatures specified in this Section on | ||
his or her petition for nomination.
| ||
(a) Statewide office or delegate to a national nominating | ||
convention. Except as otherwise provided in this Code, if a
| ||
candidate seeks to run for statewide office or as a delegate or | ||
alternate
delegate to a national nominating convention elected | ||
from the State at-large,
then the candidate's petition for | ||
nomination must contain at least 5,000 but
not more than | ||
10,000 signatures.
| ||
(b) Congressional office or congressional delegate to a | ||
national nominating
convention. Except as otherwise provided | ||
in this Code, if a candidate seeks to run for United States | ||
Congress or as a
congressional delegate or alternate | ||
congressional delegate to a national
nominating convention | ||
elected from a congressional district, then the
candidate's | ||
petition for nomination must contain at least the number of
|
signatures equal to 0.5% of the qualified primary electors of | ||
his or her party
in his or her congressional district. In the | ||
first primary election following a
redistricting of | ||
congressional districts, a candidate's petition for nomination
| ||
must contain at least 600 signatures of qualified primary | ||
electors of the
candidate's political party in his or her | ||
congressional district.
| ||
(c) County office. Except as otherwise provided in this | ||
Code, if a candidate seeks to run for any countywide office,
| ||
including , but not limited to , county board chairperson or | ||
county board
member, elected on an at-large basis, in a county | ||
other than Cook County,
then the candidate's petition for | ||
nomination must contain at least the number
of signatures | ||
equal to 0.5% of the qualified electors of his or her party who
| ||
cast votes at the last preceding general election in his or her | ||
county. If a
candidate
seeks to run for county board member | ||
elected from a county board district, then
the candidate's | ||
petition for nomination must contain at least the number of
| ||
signatures equal to 0.5% of the qualified primary electors of | ||
his or her party
in the
county board district. In the first | ||
primary election following a redistricting
of county board | ||
districts or the initial establishment of county board
| ||
districts, a candidate's petition for nomination must contain | ||
at least the
number of signatures equal to 0.5% of the | ||
qualified electors of his or her
party
in the entire county who | ||
cast votes at the last preceding general election
divided by |
the
total number of county board districts comprising the | ||
county board; provided
that
in no event shall the number of | ||
signatures be less than 25.
| ||
(d) County office; Cook County only.
| ||
(1) If a candidate seeks to run for countywide office | ||
in Cook County,
then the candidate's petition for | ||
nomination must contain at least the number
of signatures | ||
equal to 0.5% of the qualified electors of his or her party | ||
who
cast votes at the last preceding general election in | ||
Cook County.
| ||
(2) If a candidate seeks to run for Cook County Board | ||
Commissioner,
then the candidate's petition for nomination | ||
must contain at least the number
of signatures equal to | ||
0.5% of
the qualified primary electors of his or her party | ||
in his or her county board
district. In the first primary | ||
election following a redistricting of Cook
County Board of | ||
Commissioners districts, a candidate's petition for
| ||
nomination must contain at least the number of signatures | ||
equal to 0.5% of
the qualified electors of his or her party | ||
in the entire county who cast votes
at the last
preceding | ||
general election divided by the total number of county | ||
board
districts comprising the county board; provided that | ||
in no event shall the
number of signatures be less than 25.
| ||
(3) Except as otherwise provided in this Code, if a | ||
candidate seeks to run for Cook County Board of Review
| ||
Commissioner, which is elected from a district pursuant to |
subsection (c)
of Section 5-5 of the Property Tax Code, | ||
then the candidate's petition for
nomination must contain | ||
at least the number of signatures equal to 0.5% of
the | ||
total number of registered voters in his or her board of
| ||
review district in the last general election at which a | ||
commissioner was
regularly scheduled to be elected from | ||
that board of review district. In no
event shall the | ||
number of signatures required be greater than the | ||
requisite
number for a candidate who seeks countywide | ||
office in Cook County
under subsection (d)(1) of this | ||
Section. In the first primary election
following a | ||
redistricting of Cook County Board of Review districts, a
| ||
candidate's petition for nomination must contain at least | ||
4,000 signatures
or at least the number of signatures | ||
required for a countywide candidate in
Cook County, | ||
whichever is less,
of the qualified electors of his or her | ||
party in the district.
| ||
(e) Municipal or township office. If a candidate seeks to | ||
run for municipal
or township office, then the candidate's | ||
petition for nomination must contain
at least the number of | ||
signatures equal to 0.5% of the qualified primary
electors of | ||
his or her party in the municipality or township. If a | ||
candidate
seeks to run for alderperson of a municipality, then | ||
the candidate's petition for
nomination must contain at least | ||
the number of signatures equal to 0.5% of the
qualified | ||
primary electors of his or her party of the ward. In the first
|
primary election following redistricting of wards or trustee
| ||
districts of a municipality or the initial establishment of | ||
wards or districts,
a candidate's petition for nomination must | ||
contain the number of signatures
equal to at least 0.5% of the | ||
total number of votes cast for the candidate of
that political | ||
party who received the highest number of votes in the entire
| ||
municipality at the last regular election at which an officer | ||
was regularly
scheduled to be elected from
the entire | ||
municipality, divided by the number of wards or districts. In | ||
no
event shall the number of signatures be less than 25.
| ||
(f) State central committeeperson. If a candidate seeks to | ||
run for State
central committeeperson, then the candidate's | ||
petition for nomination must
contain at least 100 signatures | ||
of the primary electors of his or her party of
his or
her | ||
congressional district.
| ||
(g) Sanitary district trustee. Except as otherwise | ||
provided in this Code, if a candidate seeks to run for trustee | ||
of a
sanitary district in which trustees are not elected from | ||
wards, then the
candidate's petition for nomination must | ||
contain at least the number of
signatures equal to 0.5% of the | ||
primary electors of his or her party from the
sanitary | ||
district. If a candidate seeks to run for trustee
of a sanitary | ||
district in which trustees are elected from wards, then the
| ||
candidate's petition for
nomination must contain at least the | ||
number of signatures equal to 0.5% of the
primary electors of | ||
his or her party in the ward of that sanitary district. In
the
|
first primary election following redistricting of sanitary | ||
districts elected
from wards, a candidate's petition for | ||
nomination must contain at least the
signatures of 150 | ||
qualified primary electors of his or her ward of that
sanitary | ||
district.
| ||
(h) Judicial office. Except as otherwise provided in this | ||
Code, if a candidate seeks to run for judicial office in a | ||
district, then the candidate's petition for nomination must | ||
contain the number of signatures equal to 0.4% of the number of | ||
votes cast in that district for the candidate for his or her | ||
political party for the office of Governor at the last general | ||
election at which a Governor was elected, but in no event less | ||
than 500 signatures. If a candidate seeks to run for judicial | ||
office in a
circuit or subcircuit, then the candidate's | ||
petition for nomination
must contain the number of signatures | ||
equal to 0.25% of the number of votes
cast for the judicial | ||
candidate of his or her political party who received the
| ||
highest number of votes
at the last general election at which a | ||
judicial
officer from the same circuit or subcircuit was | ||
regularly scheduled
to be elected, but in no event less than | ||
1,000 signatures in circuits and subcircuits located in the | ||
First Judicial District or 500 signatures in every other | ||
Judicial District.
| ||
(i) Precinct, ward, and township committeeperson. Except | ||
as otherwise provided in this Code, if a candidate seeks to
run | ||
for precinct committeeperson, then the candidate's petition |
for nomination
must contain at least 10 signatures of the | ||
primary electors of his or her
party for the precinct. If a | ||
candidate seeks to run for ward committeeperson,
then the | ||
candidate's petition for nomination must contain no less than | ||
the
number of signatures equal to 10% of the primary electors | ||
of his or her party
of the ward, but no more than 16% of those | ||
same electors; provided that the
maximum number of signatures | ||
may be 50 more than the minimum number, whichever
is greater. | ||
If a candidate seeks to run for township committeeperson, then | ||
the
candidate's petition for nomination must contain no less | ||
than the number of
signatures equal to 5% of the primary | ||
electors of his or her party of the
township, but no more than | ||
8% of those same electors;
provided that the maximum number of | ||
signatures may be 50 more than the
minimum number, whichever | ||
is greater.
| ||
(j) State's attorney or regional superintendent of schools | ||
for multiple
counties. If
a candidate seeks to run for State's | ||
attorney or regional Superintendent of
Schools who serves more | ||
than one county, then the candidate's petition for
nomination | ||
must contain at least the number of signatures equal to 0.5% of | ||
the
primary electors of his or her party in the territory | ||
comprising the counties.
| ||
(k) Any other office. If a candidate seeks any other | ||
office, then the
candidate's petition for nomination must | ||
contain at least the number of
signatures equal to 0.5% of the | ||
registered voters of the political subdivision,
district, or |
division for which the nomination is made or 25 signatures,
| ||
whichever is greater.
| ||
For purposes of this Section the number of primary | ||
electors shall be
determined by taking the total vote cast, in | ||
the applicable district, for the
candidate for that political | ||
party who received the highest number of votes,
statewide, at | ||
the last general election in the State at which electors for
| ||
President of the United States were elected. For political | ||
subdivisions, the
number of primary electors shall be | ||
determined by taking the total vote
cast for the candidate for | ||
that political party who received the highest number
of votes | ||
in the political subdivision at the last regular election at | ||
which an
officer was regularly scheduled to be elected from | ||
that subdivision. For wards
or districts of political | ||
subdivisions, the number of primary electors shall be
| ||
determined by taking the total vote cast for the candidate for | ||
that political
party who received the highest number of votes | ||
in the ward or district at the
last regular election at which | ||
an officer was regularly scheduled to be elected
from that | ||
ward or district.
| ||
A "qualified primary elector" of a party may not
sign | ||
petitions for or be a candidate in the primary of more than
one | ||
party.
| ||
The changes made to this Section by Public Act 93-574 of | ||
this amendatory Act of the 93rd General
Assembly are | ||
declarative of existing law, except for item (3) of subsection
|
(d).
| ||
Petitions of candidates for nomination for offices herein | ||
specified,
to be filed with the same officer, may contain the | ||
names of 2 or more
candidates of the same political party for | ||
the same or different
offices. In the case of the offices of | ||
Governor and Lieutenant Governor, a joint petition including | ||
one candidate for each of those offices must be filed.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
| ||
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||
Sec. 7-12. All petitions for nomination shall be filed by | ||
mail or
in person as follows: | ||
(1) Except as otherwise provided in this Code, where | ||
the nomination is to be made for a State, congressional, | ||
or
judicial office, or for any office a nomination for | ||
which is made for a
territorial division or district which | ||
comprises more than one county or
is partly in one county | ||
and partly in another county or counties (including the | ||
Fox Metro Water Reclamation District), then,
except as | ||
otherwise provided in this Section, such petition for | ||
nomination
shall be filed in the principal office of the | ||
State Board of Elections not
more than 113 and not less | ||
than 106 days prior to the date of the primary,
but, in the | ||
case of petitions for nomination to fill a vacancy by | ||
special
election in the office of representative in | ||
Congress from this State, such
petition for nomination |
shall be filed in the principal office of the State
Board | ||
of Elections not more than 85 days and not less than 82 | ||
days prior to
the date of the primary.
| ||
Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit
Court Judge within the 3-week period | ||
preceding the 106th day before a
general primary election, | ||
petitions for nomination for the office in which
the | ||
vacancy has occurred shall be filed in the principal | ||
office of the
State Board of Elections not more than 92 nor | ||
less than 85 days prior to
the date of the general primary | ||
election.
| ||
Where the nomination is to be made for delegates or | ||
alternate
delegates to a national nominating convention, | ||
then such petition for
nomination shall be filed in the | ||
principal office of the State Board of
Elections not more | ||
than 113 and not less than 106 days prior to the date of
| ||
the primary; provided, however, that if the rules or | ||
policies of a national
political party conflict with such | ||
requirements for filing petitions for
nomination for | ||
delegates or alternate delegates to a national nominating
| ||
convention, the chair of the State central committee of | ||
such national
political party shall notify the Board in | ||
writing, citing by reference the
rules or policies of the | ||
national political party in conflict, and in such
case the | ||
Board shall direct such petitions to be filed in | ||
accordance with the delegate selection plan adopted by the |
state central committee of such national political party.
| ||
(2) Where the nomination is to be made for a county | ||
office or trustee
of a sanitary district then such | ||
petition shall be filed in the office
of the county clerk | ||
not more than 113 nor less than 106 days prior to the
date | ||
of the primary.
| ||
(3) Where the nomination is to be made for a municipal | ||
or township
office, such petitions for nomination shall be | ||
filed in the office of
the local election official, not | ||
more than 99 nor less than 92 days
prior to the date of the | ||
primary; provided, where a municipality's or
township's | ||
boundaries are coextensive with or are entirely within the
| ||
jurisdiction of a municipal board of election | ||
commissioners, the petitions
shall be filed in the office | ||
of such board; and provided, that petitions
for the office | ||
of multi-township assessor shall be filed with the | ||
election
authority.
| ||
(4) The petitions of candidates for State central | ||
committeeperson shall
be filed in the principal office of | ||
the State Board of Elections not
more than 113 nor less | ||
than 106 days prior to the date of the primary.
| ||
(5) Petitions of candidates for precinct, township or | ||
ward committeepersons
shall be filed in the office of the | ||
county clerk not more
than 113 nor less than 106 days prior | ||
to the date of the primary.
| ||
(6) The State Board of Elections and the various |
election authorities
and local election officials with | ||
whom such petitions for nominations
are filed shall | ||
specify the place where filings shall be made and upon
| ||
receipt shall endorse thereon the day and hour on which | ||
each petition
was filed. All petitions filed by persons | ||
waiting in line as of 8:00
a.m. on the first day for | ||
filing, or as of the normal opening hour of
the office | ||
involved on such day, shall be deemed filed as of 8:00 a.m.
| ||
or the normal opening hour, as the case may be. Petitions | ||
filed by mail
and received after midnight of the first day | ||
for filing and in the first
mail delivery or pickup of that | ||
day shall be deemed as filed as of 8:00
a.m. of that day or | ||
as of the normal opening hour of such day, as the
case may | ||
be. All petitions received thereafter shall be deemed as | ||
filed
in the order of actual receipt. However, 2 or more | ||
petitions filed within the last hour of the filing | ||
deadline shall be deemed filed simultaneously. Where 2 or | ||
more petitions are received
simultaneously, the State | ||
Board of Elections or the various election
authorities or | ||
local election officials with whom such petitions are
| ||
filed shall break ties and determine the order of filing, | ||
by means of a
lottery or other fair and impartial method of | ||
random selection approved
by the State Board of Elections. | ||
Such lottery shall be conducted within
9 days following | ||
the last day for petition filing and shall be open to the
| ||
public. Seven days written notice of the time and place of |
conducting such
random selection shall be given by the | ||
State Board of Elections to the chair
of the State central | ||
committee of each established political
party, and by each | ||
election authority or local election official, to the
| ||
County Chair of each established political party, and to | ||
each
organization of citizens within the election | ||
jurisdiction which was
entitled, under this Article, at | ||
the next preceding election, to have
pollwatchers present | ||
on the day of election. The State Board of Elections,
| ||
election authority or local election official shall post | ||
in a conspicuous,
open and public place, at the entrance | ||
of the office, notice of the time
and place of such | ||
lottery. The State Board of Elections shall adopt rules
| ||
and regulations governing the procedures for the conduct | ||
of such lottery.
All candidates shall be certified in the | ||
order in which their petitions
have been filed. Where | ||
candidates have filed simultaneously, they shall be
| ||
certified in the order determined by lot and prior to | ||
candidates who filed
for the same office at a later time.
| ||
(7) The State Board of Elections or the appropriate | ||
election
authority or local election official with whom | ||
such a petition for
nomination is filed shall notify the | ||
person for whom a petition for
nomination has been filed | ||
of the obligation to file statements of
organization, | ||
reports of campaign contributions, and annual reports of
| ||
campaign contributions and expenditures under Article 9 of |
this Code Act .
Such notice shall be given in the manner | ||
prescribed by paragraph (7) of
Section 9-16 of this Code.
| ||
(8) Nomination papers filed under this Section are not | ||
valid if the
candidate named therein fails to file a | ||
statement of economic interests
as required by the | ||
Illinois Governmental Ethics Act in relation to his
| ||
candidacy with the appropriate officer by the end of the | ||
period for the
filing of nomination papers unless he has | ||
filed a statement of economic
interests in relation to the | ||
same governmental unit with that officer
within a year | ||
preceding the date on which such nomination papers were
| ||
filed. If the nomination papers of any candidate and the | ||
statement of
economic interest of that candidate are not | ||
required to be filed with
the same officer, the candidate | ||
must file with the officer with whom the
nomination papers | ||
are filed a receipt from the officer with whom the
| ||
statement of economic interests is filed showing the date | ||
on which such
statement was filed. Such receipt shall be | ||
so filed not later than the
last day on which nomination | ||
papers may be filed.
| ||
(9) Except as otherwise provided in this Code, any | ||
person for whom a petition for nomination, or for | ||
committeeperson or
for delegate or alternate delegate to a | ||
national nominating convention has
been filed may cause | ||
his name to be withdrawn by request in writing, signed
by | ||
him and duly acknowledged before an officer qualified to |
take
acknowledgments of deeds, and filed in the principal | ||
or permanent branch
office of the State Board of Elections | ||
or with the appropriate election
authority or local | ||
election official, not later than the date of
| ||
certification of candidates for the consolidated primary | ||
or general primary
ballot. No names so withdrawn shall be | ||
certified or printed on the
primary ballot. If petitions | ||
for nomination have been filed for the
same person with | ||
respect to more than one political party, his name
shall | ||
not be certified nor printed on the primary ballot of any | ||
party.
If petitions for nomination have been filed for the | ||
same person for 2 or
more offices which are incompatible | ||
so that the same person could not
serve in more than one of | ||
such offices if elected, that person must
withdraw as a | ||
candidate for all but one of such offices within the
5 | ||
business days following the last day for petition filing. | ||
A candidate in a judicial election may file petitions for | ||
nomination for only one vacancy in a subcircuit and only | ||
one vacancy in a circuit in any one filing period, and if | ||
petitions for nomination have been filed for the same | ||
person for 2 or more vacancies in the same circuit or | ||
subcircuit in the same filing period, his or her name | ||
shall be certified only for the first vacancy for which | ||
the petitions for nomination were filed. If he fails to
| ||
withdraw as a candidate for all but one of such offices | ||
within such time
his name shall not be certified, nor |
printed on the primary ballot, for any
office. For the | ||
purpose of the foregoing provisions, an office in a
| ||
political party is not incompatible with any other office.
| ||
(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary
shall be held for an established | ||
political party in any township,
municipality, or ward | ||
thereof, where the nomination of such
party for every | ||
office to be voted upon by the electors of such
township, | ||
municipality, or ward thereof, is uncontested. Whenever a
| ||
political party's nomination of candidates is uncontested | ||
as to one or
more, but not all, of the offices to be voted | ||
upon by the electors of a
township, municipality, or ward | ||
thereof, then a primary shall
be held for that party in | ||
such township, municipality, or ward thereof;
provided | ||
that the primary ballot shall not include those offices
| ||
within such township, municipality, or ward thereof, for | ||
which the
nomination is uncontested. For purposes of this | ||
Article, the nomination
of an established political party | ||
of a candidate for election to an office
shall be deemed to | ||
be uncontested where not more than the number of persons
| ||
to be nominated have timely filed valid nomination papers | ||
seeking the
nomination of such party for election to such | ||
office.
| ||
(b) Notwithstanding the provisions of any other | ||
statute, no primary
election shall be held for an | ||
established political party for any special
primary |
election called for the purpose of filling a vacancy in | ||
the office
of representative in the United States Congress | ||
where the nomination of
such political party for said | ||
office is uncontested. For the purposes of
this Article, | ||
the nomination of an established political party of a
| ||
candidate for election to said office shall be deemed to | ||
be uncontested
where not more than the number of persons | ||
to be nominated have timely filed
valid nomination papers | ||
seeking the nomination of such established party
for | ||
election to said office. This subsection (b) shall not | ||
apply if such
primary election is conducted on a regularly | ||
scheduled election day.
| ||
(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this
paragraph (10), whenever a person who has | ||
not timely filed valid nomination
papers and who intends | ||
to become a write-in candidate for a political
party's | ||
nomination for any office for which the nomination is | ||
uncontested
files a written statement or notice of that | ||
intent with the State Board of
Elections or the local | ||
election official with whom nomination papers for
such | ||
office are filed, a primary ballot shall be prepared and a | ||
primary
shall be held for that office. Such statement or | ||
notice shall be filed on
or before the date established in | ||
this Article for certifying candidates
for the primary | ||
ballot. Such statement or notice shall contain (i) the
| ||
name and address of the person intending to become a |
write-in candidate,
(ii) a statement that the person is a | ||
qualified primary elector of the
political party from whom | ||
the nomination is sought, (iii) a statement that
the | ||
person intends to become a write-in candidate for the | ||
party's
nomination, and (iv) the office the person is | ||
seeking as a write-in
candidate. An election authority | ||
shall have no duty to conduct a primary
and prepare a | ||
primary ballot for any office for which the nomination is
| ||
uncontested unless a statement or notice meeting the | ||
requirements of this
Section is filed in a timely manner.
| ||
(11) If multiple sets of nomination papers are filed | ||
for a candidate to
the same office, the State Board of | ||
Elections, appropriate election
authority or local | ||
election official where the petitions are filed shall
| ||
within 2 business days notify the candidate of his or her | ||
multiple petition
filings and that the candidate has 3 | ||
business days after receipt of the
notice to notify the | ||
State Board of Elections, appropriate election
authority | ||
or local election official that he or she may cancel prior | ||
sets
of petitions. If the candidate notifies the State | ||
Board of Elections,
appropriate election authority or | ||
local election official, the last set of
petitions filed | ||
shall be the only petitions to be considered valid by the
| ||
State Board of Elections, election authority or local | ||
election official. If
the candidate fails to notify the | ||
State Board of Elections, election authority
or local
|
election official then only the first set of petitions | ||
filed shall be valid
and all subsequent petitions shall be | ||
void.
| ||
(12) All nominating petitions shall be available for | ||
public inspection
and shall be preserved for a period of | ||
not less than 6 months.
| ||
(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21; | ||
revised 7-14-21.)
| ||
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| ||
Sec. 10-4. Form of petition for nomination. All petitions | ||
for nomination
under this Article 10 for
candidates for public | ||
office in this State, shall in addition to other
requirements | ||
provided by law, be as follows: Such petitions shall
consist | ||
of sheets of uniform size and each sheet shall contain, above
| ||
the space for signature, an appropriate heading, giving the | ||
information
as to name of candidate or candidates in whose | ||
behalf such petition is
signed; the office; the party; place | ||
of residence; and such other
information or wording as | ||
required to make same valid, and the heading
of each sheet | ||
shall be the same. Such petition shall be signed by the
| ||
qualified voters in their own proper persons only, and | ||
opposite the
signature of each signer his residence address | ||
shall be written or
printed. The residence address required to | ||
be written or printed
opposite each qualified primary | ||
elector's name shall include the street
address or rural route |
number of the signer, as the case may be, as well as
the | ||
signer's county, and city, village or town, and state. | ||
However,
the county or city, village or
town, and state of | ||
residence of such electors may be printed on the
petition | ||
forms where all of the electors signing the petition
reside in | ||
the same county or city, village or town, and state. Standard
| ||
abbreviations may be used in writing the residence address, | ||
including
street number, if any. Except as otherwise provided | ||
in this Code, no signature shall be valid or be counted in
| ||
considering the validity or sufficiency of such petition | ||
unless the
requirements of this Section are complied with. At | ||
the bottom of each
sheet of such petition shall be added a | ||
circulator's statement, signed by a
person 18
years of age or | ||
older who is a citizen of the United States; stating the street | ||
address or rural route
number, as the case may be, as well as | ||
the county,
city,
village or town, and state; certifying that | ||
the signatures on that sheet of
the petition
were signed in his | ||
or her presence; certifying that the signatures are
genuine;
| ||
and either (1) indicating the dates on which that sheet was | ||
circulated, or (2)
indicating the first and last dates on | ||
which the sheet was circulated, or (3)
certifying that none of | ||
the signatures on the sheet were signed more than 90
days | ||
preceding the last day for the filing of the petition; and
| ||
certifying
that to the best of his knowledge and belief the | ||
persons so signing were at the
time of signing the petition | ||
duly registered voters under Article Articles 4, 5 , or 6 of |
this
the Code of the political subdivision or district for | ||
which the candidate or
candidates shall be nominated, and | ||
certifying that their respective residences
are correctly | ||
stated therein. Such statement shall be sworn to before some
| ||
officer authorized to administer oaths in this State. Except | ||
as otherwise provided in this Code, no petition sheet shall
be | ||
circulated more than 90 days preceding the last day provided | ||
in Section 10-6
for the filing of such petition. Such sheets, | ||
before being presented to the
electoral board or filed with | ||
the proper officer of the electoral district or
division of | ||
the state or municipality, as the case may be, shall be neatly
| ||
fastened together in book form, by placing the sheets in a pile | ||
and fastening
them together at one edge in a secure and | ||
suitable manner, and the sheets shall
then be numbered | ||
consecutively. The sheets shall not be fastened by pasting
| ||
them together end to end, so as to form a continuous strip or | ||
roll. All
petition sheets which are filed with the proper | ||
local election officials,
election authorities or the State | ||
Board of Elections shall be the original
sheets which have | ||
been signed by the voters and by the circulator, and not
| ||
photocopies or duplicates of such sheets. A petition, when | ||
presented or
filed, shall not be withdrawn, altered, or added | ||
to, and no signature shall be
revoked except by revocation in | ||
writing presented or filed with the officers or
officer with | ||
whom the petition is required to be presented or filed, and | ||
before
the presentment or filing of such petition. Whoever |
forges any name of a
signer upon any petition shall be deemed | ||
guilty of a forgery, and on conviction
thereof, shall be | ||
punished accordingly. The word "petition" or "petition for
| ||
nomination", as used herein, shall mean what is sometimes | ||
known as nomination
papers, in distinction to what is known as | ||
a certificate of nomination. The
words "political division for | ||
which the candidate is nominated", or its
equivalent, shall | ||
mean the largest political division in which all qualified
| ||
voters may vote upon such candidate or candidates, as the | ||
state in the case of
state officers; the township in the case | ||
of township officers et cetera.
Provided, further, that no | ||
person shall circulate or certify petitions for
candidates of | ||
more than one political party, or for an independent candidate | ||
or
candidates in addition to one political party, to be voted | ||
upon at the next
primary or general election, or for such | ||
candidates and parties with respect to
the same political | ||
subdivision at the next consolidated election.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||
Sec. 19-2. Except as otherwise provided in this Code, any | ||
elector as defined in Section 19-1 may by mail or | ||
electronically on the website of the appropriate election | ||
authority, not more than 90 nor less than 5 days prior to the
| ||
date of such election, or by personal delivery not more than 90 | ||
nor less
than one day prior to the date of such election, make |
application to the
county clerk or to the Board of Election | ||
Commissioners for an official
ballot for the voter's precinct | ||
to be voted at such election , or to be added to a list of | ||
permanent vote by mail status voters who receive an official | ||
vote by mail ballot for subsequent elections. Voters who make | ||
an application for permanent vote by mail ballot status shall | ||
follow the procedures specified in Section 19-3. Voters whose | ||
application for permanent vote by mail status is accepted by | ||
the election authority shall remain on the permanent vote by | ||
mail list until the voter requests to be removed from | ||
permanent vote by mail status, the voter provides notice to | ||
the election authority of a change in registration, or the | ||
election authority receives confirmation that the voter has | ||
subsequently registered to vote in another county. The URL | ||
address at which voters may electronically request a vote by | ||
mail ballot shall be fixed no later than 90 calendar days | ||
before an election and shall not be changed until after the | ||
election.
Such a ballot shall be delivered to the elector only | ||
upon separate application by the elector for each election.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
Section 12. The Community Development Loan Guarantee Act | ||
is amended by changing Section 30-1 as follows: | ||
(15 ILCS 516/30-1)
| ||
Sec. 30-1. Short title. This Article Act may be cited as |
the Community Development Loan Guarantee Act. References in | ||
this Article to "this Act" mean this Article.
| ||
(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.) | ||
Section 15. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2605-53 as follows: | ||
(20 ILCS 2605/2605-53) | ||
Sec. 2605-53. 9-1-1 system; sexual assault and sexual | ||
abuse. | ||
(a) The Office of the Statewide 9-1-1 Administrator, in | ||
consultation with the Office of the Attorney General and the | ||
Illinois Law Enforcement Training Standards Board, shall: | ||
(1) develop comprehensive guidelines for | ||
evidence-based, trauma-informed, victim-centered handling | ||
of sexual assault or sexual abuse calls by Public Safety | ||
Answering Point telecommunicators; and | ||
(2) adopt rules and minimum standards for an | ||
evidence-based, trauma-informed, victim-centered training | ||
curriculum for handling of sexual assault or sexual abuse | ||
calls for Public Safety Answering Point telecommunicators | ||
("PSAP"). | ||
(a-5) Within one year after June 3, 2021 ( the effective | ||
date of Public Act 102-9) this amendatory Act of the 102nd | ||
General Assembly , the Office of the Statewide 9-1-1 |
Administrator, in consultation with the Statewide 9-1-1 | ||
Advisory Board, shall: | ||
(1) develop comprehensive guidelines for training on | ||
emergency dispatch procedures, including , but not limited | ||
to , emergency medical dispatch, and the delivery of 9-1-1 | ||
services and professionalism for public safety | ||
telecommunicators and public safety telecommunicator | ||
supervisors; and | ||
(2) adopt rules and minimum standards for continuing | ||
education on emergency dispatch procedures, including , but | ||
not limited to , emergency medical dispatch, and the | ||
delivery of 9-1-1 services and professionalism for public | ||
safety telecommunicators and public safety | ||
telecommunicator Supervisors . ; and | ||
(a-10) The Office of the Statewide 9-1-1 Administrator may | ||
as necessary establish by rule appropriate testing and | ||
certification processes consistent with the training required | ||
by this Section. | ||
(b) Training requirements: | ||
(1) Newly hired PSAP telecommunicators must complete | ||
the sexual assault and sexual abuse training curriculum | ||
established in subsection (a) of this Section prior to | ||
handling emergency calls. | ||
(2) All existing PSAP telecommunicators shall complete | ||
the sexual assault and sexual abuse training curriculum | ||
established in subsection (a) of this Section within 2 |
years of January 1, 2017 ( the effective date of Public Act | ||
99-801) this amendatory Act of the 99th General Assembly .
| ||
(3) Newly hired public safety telecommunicators shall | ||
complete the emergency dispatch procedures training | ||
curriculum established in subsection (a-5) of this Section | ||
prior to independently handling emergency calls within one | ||
year of the Statewide 9-1-1 Administrator establishing the | ||
required guidelines, rules, and standards. | ||
(4) All public safety telecommunicators and public | ||
safety telecommunicator supervisors who were not required | ||
to complete new hire training prior to handling emergency | ||
calls, must either demonstrate proficiency or complete the | ||
training established in subsection (a-5) of this Section | ||
within one year of the Statewide 9-1-1 Administrator | ||
establishing the required guidelines, rules, and | ||
standards. | ||
(5) Upon completion of the training required in either | ||
paragraph (3) or (4) of this subsection (b) , whichever is | ||
applicable, all public safety telecommunicators and public | ||
safety telecommunicator supervisors shall complete the | ||
continuing education training regarding the delivery of | ||
9-1-1 services and professionalism biennially. | ||
(c) The Illinois State Police may adopt rules for the | ||
administration of this Section. | ||
(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.) |
Section 20. The State Police Act is amended by changing | ||
Section 17c as follows: | ||
(20 ILCS 2610/17c) | ||
Sec. 17c. Military equipment surplus program. | ||
(a) For purposes of this Section: | ||
"Bayonet" means a large knife designed to be attached to | ||
the muzzle of a rifle, shotgun, or long gun for the purpose of | ||
hand-to-hand combat. | ||
"Grenade launcher" means a firearm or firearm accessory | ||
used to launch fragmentary explosive rounds designed to | ||
inflict death or cause great bodily harm. | ||
"Military equipment surplus program" means any federal or | ||
State program allowing a law enforcement agency to obtain | ||
surplus military equipment , including, but not limited limit | ||
to, any program organized under Section 1122 of the National | ||
Defense Authorization Act for Fiscal Year 1994 (Pub. L. | ||
103-160) or Section 1033 of the National Defense Authorization | ||
Act for Fiscal Year 1997 (Pub. L. 104-201), or any program | ||
established under 10 U.S.C. 2576a. | ||
"Tracked armored vehicle" means a vehicle that provides | ||
ballistic protection to its occupants and utilizes a tracked | ||
system instead of wheels for forward motion, not including | ||
vehicles listed in the Authorized Equipment List as published | ||
by the Federal Emergency Management Agency. | ||
"Weaponized aircraft, vessel, or vehicle" means any |
aircraft, vessel, or vehicle with weapons installed. | ||
(b) The Illinois State Police shall not request or receive | ||
from any military equipment surplus program nor purchase or | ||
otherwise utilize the following equipment: | ||
(1) tracked armored vehicles; | ||
(2) weaponized aircraft, vessels, or vehicles; | ||
(3) firearms of .50-caliber or higher; | ||
(4) ammunition of .50-caliber or higher; | ||
(5) grenade launchers; or | ||
(6) bayonets. | ||
(c) If the Illinois State Police request other property | ||
not prohibited by this Section from a military equipment | ||
surplus program, the Illinois State Police shall publish | ||
notice of the request on a publicly accessible website | ||
maintained by the Illinois State Police within 14 days after | ||
the request.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 7-30-21.) | ||
Section 25. The Illinois Future of Work Act is amended by | ||
changing Section 15 as follows: | ||
(20 ILCS 4103/15) | ||
(Section scheduled to be repealed on January 1, 2024)
| ||
Sec. 15. Membership; meetings.
| ||
(a) The members of the Illinois Future of Work Task Force |
shall include and represent the diversity of the people of | ||
Illinois, and shall be composed of the following:
| ||
(1) four members, including one representative of the | ||
business community and one representative of the labor | ||
community, appointed by the Senate President, one of whom | ||
shall serve as co-chair;
| ||
(2) four members, including one representative of the | ||
business community and one representative of the labor | ||
community, appointed by the Minority Leader of the Senate, | ||
one of whom shall serve as co-chair;
| ||
(3) four members, including one representative of the | ||
business community and one representative of the labor | ||
community, appointed by the Speaker of the House of | ||
Representatives, one of whom shall serve as co-chair; | ||
(4) four members, including one representative of the | ||
business community and one representative of the labor | ||
community, appointed by the Minority Leader of the Speaker | ||
of the House of Representatives, one of whom shall serve | ||
as co-chair;
| ||
(5) four members, one from each of the following: the | ||
business community, the labor community, the environmental | ||
community, and the education community that advocate for | ||
job growth, appointed by the Governor;
| ||
(6) three members appointed by the Governor whose | ||
professional expertise is at the juncture of work and | ||
workers' rights;
|
(7) the Director of Labor or his or her designee;
| ||
(8) the Director of Commerce and Economic Opportunity | ||
or his or her designee;
| ||
(9) the Director of Employment Security or his or her | ||
designee;
| ||
(10) the Superintendent of the State Board of | ||
Education or his or her designee; | ||
(11) the Executive Director of the Illinois Community | ||
College Board or his or her designee; and | ||
(12) the Executive Director of the Board of Higher | ||
Education or his or her designee. | ||
(b) Appointments for the Illinois Future of Work Task | ||
Force must be finalized by August 31, 2021. The Illinois | ||
Future of Work Task Force shall hold one meeting per month for | ||
a total of 7 meetings, and the first meeting must be held | ||
within 30 days after appointments are finalized. | ||
(c) Members of the Illinois Future of Work Task Force | ||
shall serve without compensation.
| ||
(d) The Department of Commerce and Economic Opportunity | ||
shall provide administrative support to the Task Force.
| ||
(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.) | ||
Section 27. The Racial Impact Note Act is amended by | ||
changing Section 110-5 as follows: | ||
(25 ILCS 83/110-5)
|
Sec. 110-5. Racial impact note. (a) Every bill which has | ||
or could have a disparate impact on racial and ethnic | ||
minorities, upon the request of any member, shall have | ||
prepared for it, before second reading in the house of | ||
introduction, a brief explanatory statement or note that shall | ||
include a reliable estimate of the anticipated impact on those | ||
racial and ethnic minorities likely to be impacted by the | ||
bill. Each racial impact note must include, for racial and | ||
ethnic minorities for which data are available: (i) an | ||
estimate of how the proposed legislation would impact racial | ||
and ethnic minorities; (ii) a statement of the methodologies | ||
and assumptions used in preparing the estimate; (iii) an | ||
estimate of the racial and ethnic composition of the | ||
population who may be impacted by the proposed legislation, | ||
including those persons who may be negatively impacted and | ||
those persons who may benefit from the proposed legislation; | ||
and (iv) any other matter that a responding agency considers | ||
appropriate in relation to the racial and ethnic minorities | ||
likely to be affected by the bill.
| ||
(Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.) | ||
Section 30. The State Finance Act is amended by changing | ||
Section 8.25-4 as follows:
| ||
(30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
| ||
Sec. 8.25-4.
All moneys in the Illinois Sports Facilities |
Fund are
allocated to and shall be transferred, appropriated , | ||
and used only for the
purposes authorized by, and subject to, | ||
the limitations and conditions of
this Section.
| ||
All moneys deposited pursuant to Section 13.1 of the State | ||
Revenue Sharing Act "An Act in relation to
State revenue | ||
sharing with local governmental entities", as amended, and
all | ||
moneys deposited with respect to the $5,000,000 deposit, but | ||
not the
additional $8,000,000 advance applicable before July | ||
1, 2001, or the
Advance Amount applicable on and after that | ||
date, pursuant to Section
6 of the "The Hotel
Operators' | ||
Occupation Tax Act ", as amended , into the Illinois Sports
| ||
Facilities Fund shall be credited to the Subsidy Account | ||
within the Fund.
All moneys deposited with respect to the | ||
additional $8,000,000 advance
applicable before July 1, 2001, | ||
or the Advance Amount
applicable on and after that date, but
| ||
not the $5,000,000 deposit, pursuant to Section 6 of the "The | ||
Hotel Operators'
Occupation Tax Act ", as amended , into the | ||
Illinois Sports Facilities Fund
shall be credited to the | ||
Advance Account within the Fund. All moneys deposited from any | ||
transfer pursuant to Section 8g-1 of the State Finance Act | ||
shall be credited to the Advance Account within the Fund.
| ||
Beginning with fiscal year 1989 and continuing for each | ||
fiscal year
thereafter through and including fiscal year 2001, | ||
no less than 30 days
before the beginning of such fiscal year
| ||
(except as soon as may be practicable after July 7, 1988 ( the | ||
effective date of Public Act 85-1034) this
amendatory Act of |
1988 with respect to fiscal year 1989) the Chairman of
the | ||
Illinois Sports Facilities Authority shall certify to the | ||
State
Comptroller and the State Treasurer, without taking into | ||
account any
revenues or receipts of the Authority, the lesser | ||
of (a) $18,000,000 and
(b) the sum of (i) the amount | ||
anticipated to be required by the Authority
during the fiscal | ||
year to pay principal of and interest on, and other
payments | ||
relating to, its obligations issued or to be issued under | ||
Section
13 of the Illinois Sports Facilities Authority Act, | ||
including any deposits
required to reserve funds created under | ||
any indenture or resolution
authorizing issuance of the | ||
obligations and payments to providers of credit
enhancement, | ||
(ii) the amount anticipated to be required by the Authority
| ||
during the fiscal year to pay obligations under the provisions | ||
of any
management agreement with respect to a facility or | ||
facilities owned by the
Authority or of any assistance | ||
agreement with respect to any facility for
which financial | ||
assistance is provided under the Illinois Sports Facilities
| ||
Authority Act, and to pay other capital and operating expenses | ||
of the
Authority
during the fiscal year, including any | ||
deposits required to reserve funds
created for repair and | ||
replacement of capital assets and to meet the
obligations of | ||
the Authority under any management agreement or assistance
| ||
agreement, and (iii) any
amounts under (i) and (ii) above | ||
remaining unpaid from previous years.
| ||
Beginning with fiscal year 2002 and continuing for each |
fiscal year
thereafter, no less than 30 days before the | ||
beginning of such fiscal year, the
Chairman of the Illinois | ||
Sports Facilities Authority shall certify to the State
| ||
Comptroller and the State Treasurer, without taking into | ||
account any revenues
or receipts of the Authority, the lesser | ||
of (a) an amount equal to the sum of
the Advance Amount plus | ||
$10,000,000 and (b) the sum of (i) the amount
anticipated to be | ||
required by the Authority during the fiscal year to pay
| ||
principal of and interest on, and other payments relating to, | ||
its obligations
issued or to be issued under Section 13 of the | ||
Illinois Sports Facilities
Authority Act, including any | ||
deposits required to reserve funds created under
any indenture | ||
or resolution authorizing issuance of the obligations and
| ||
payments to providers of credit enhancement, (ii) the amount | ||
anticipated to be
required by the Authority during the fiscal | ||
year to pay obligations under
the provisions of any management | ||
agreement with respect to a facility or
facilities owned by | ||
the Authority or any assistance agreement with respect to
any | ||
facility for which financial assistance is provided under the | ||
Illinois
Sports Facilities Authority Act, and to pay other | ||
capital and operating
expenses of the Authority during the | ||
fiscal year, including any deposits
required to reserve funds | ||
created for repair and replacement of capital assets
and to | ||
meet the obligations of the Authority under any management | ||
agreement or
assistance agreement, and (iii) any amounts under | ||
(i) and (ii) above remaining
unpaid from previous years.
|
A copy of any certification made by the Chairman under the
| ||
preceding 2 paragraphs shall be filed with the Governor and | ||
the Mayor
of the City of Chicago. The Chairman may file an | ||
amended certification
from time to time.
| ||
Subject to sufficient appropriation by the General | ||
Assembly, beginning
with July 1, 1988 and thereafter | ||
continuing on the first day of each month
during each fiscal | ||
year through and including fiscal year 2001, the
Comptroller | ||
shall order paid and the Treasurer
shall pay to the Authority | ||
the amount in the Illinois Sports Facilities
Fund until (x) | ||
the lesser of $10,000,000 or the amount appropriated for
| ||
payment to the Authority from amounts credited to the Subsidy | ||
Account and
(y) the lesser of $8,000,000 or the difference | ||
between the amount
appropriated for payment to the Authority | ||
during the fiscal year and
$10,000,000 has been paid from | ||
amounts credited to the Advance Account.
| ||
Subject to sufficient appropriation by the General | ||
Assembly, beginning with
July 1, 2001, and thereafter | ||
continuing on the first day of each month during
each fiscal | ||
year thereafter, the Comptroller shall order paid and the | ||
Treasurer
shall pay to the Authority the amount in the | ||
Illinois Sports Facilities Fund
until (x) the lesser of | ||
$10,000,000 or the amount appropriated for payment to
the
| ||
Authority from amounts credited to the Subsidy Account and (y) | ||
the lesser of
the Advance Amount or the difference between the | ||
amount appropriated for
payment to the Authority during the |
fiscal year and $10,000,000 has been paid
from amounts | ||
credited to the Advance Account.
| ||
Provided that all amounts deposited in the Illinois Sports
| ||
Facilities Fund and credited to the Subsidy Account, to the | ||
extent
requested pursuant to the Chairman's certification, | ||
have been paid, on June
30, 1989, and on June 30 of each year | ||
thereafter, all amounts remaining in
the Subsidy Account of | ||
the Illinois Sports Facilities Fund shall be
transferred by | ||
the State Treasurer one-half to the General Revenue Fund in
| ||
the State Treasury and one-half to the City Tax Fund. Provided | ||
that all
amounts appropriated from the Illinois Sports | ||
Facilities Fund, to the
extent requested pursuant to the | ||
Chairman's certification, have been paid,
on June 30, 1989, | ||
and on June 30 of each year thereafter, all amounts
remaining | ||
in the Advance Account of the Illinois Sports Facilities Fund
| ||
shall be transferred by the State Treasurer to the General | ||
Revenue Fund in
the State Treasury.
| ||
For purposes of this Section, the term "Advance Amount" | ||
means, for
fiscal year 2002, $22,179,000, and for subsequent | ||
fiscal years through fiscal
year 2033, 105.615% of the Advance | ||
Amount for the immediately preceding fiscal
year, rounded up | ||
to the nearest $1,000.
| ||
(Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21; | ||
102-16, Article 6, Section 6-5, eff. 6-17-21; revised | ||
7-17-21.) |
Section 35. The Illinois Procurement Code is amended by | ||
changing Sections 35-30 and 50-85 as follows: | ||
(30 ILCS 500/35-30) | ||
(Text of Section before amendment by P.A. 101-657, Article | ||
40, Section 40-125 ) | ||
Sec. 35-30. Awards. | ||
(a) All State contracts for professional and artistic | ||
services, except as
provided in this Section, shall be awarded | ||
using the
competitive request for proposal process outlined in | ||
this Section. The scoring for requests for proposals shall | ||
include the commitment to diversity factors and methodology | ||
described in subsection (e-5) of Section 20-15. | ||
(b) For each contract offered, the chief procurement | ||
officer, State
purchasing officer, or his or her designee | ||
shall use the appropriate standard
solicitation
forms
| ||
available from the chief procurement officer for matters other | ||
than construction or the higher
education chief procurement | ||
officer. | ||
(c) Prepared forms shall be submitted to the chief | ||
procurement officer for matters other than construction or the | ||
higher education chief procurement officer,
whichever is | ||
appropriate, for
publication in its Illinois Procurement | ||
Bulletin and circulation to the chief procurement officer for | ||
matters other than construction
or the higher education chief | ||
procurement officer's list of
prequalified vendors. Notice of |
the offer or request for
proposal shall appear at least 14 | ||
calendar days before the response to the offer is due. | ||
(d) All interested respondents shall return their | ||
responses to the chief procurement officer for matters other | ||
than construction
or the higher education chief procurement | ||
officer,
whichever is appropriate, which shall open
and record | ||
them. The chief procurement officer for matters other than | ||
construction or higher education chief procurement officer
| ||
then shall forward the responses, together
with any
| ||
information it has available about the qualifications and | ||
other State work
of the respondents. | ||
(e) After evaluation, ranking, and selection, the | ||
responsible chief
procurement officer, State purchasing | ||
officer, or
his or her designee shall notify the chief | ||
procurement officer for matters other than construction
or the | ||
higher education chief procurement officer, whichever is | ||
appropriate,
of the successful respondent and shall forward
a | ||
copy of the signed contract for the chief procurement officer | ||
for matters other than construction or higher education chief
| ||
procurement officer's file. The chief procurement officer for | ||
matters other than construction or higher education chief
| ||
procurement officer shall
publish the names of the
responsible | ||
procurement decision-maker,
the agency letting the contract, | ||
the
successful respondent, a contract reference, and value of | ||
the let contract
in the next appropriate volume of the | ||
Illinois Procurement Bulletin. |
(f) For all professional and artistic contracts with | ||
annualized value
that exceeds $100,000, evaluation and ranking | ||
by price are required. Any chief
procurement officer or State | ||
purchasing officer,
but not their designees, may select a | ||
respondent other than the lowest respondent by
price. In any | ||
case, when the contract exceeds the $100,000 threshold and
the | ||
lowest respondent is not selected, the chief procurement | ||
officer or the State
purchasing officer shall forward together
| ||
with the contract notice of who the low respondent by price was | ||
and a written decision as
to why another was selected to the | ||
chief procurement officer for matters other than construction | ||
or
the higher education chief procurement officer, whichever | ||
is appropriate.
The chief procurement officer for matters | ||
other than construction or higher education chief procurement | ||
officer shall publish as
provided in subsection (e) of Section | ||
35-30,
but
shall include notice of the chief procurement | ||
officer's or State purchasing
officer's written decision. | ||
(g) The chief procurement officer for matters other than | ||
construction and higher education chief
procurement officer | ||
may each refine, but not
contradict, this Section by | ||
promulgating rules
for submission to the Procurement Policy | ||
Board and then to the Joint Committee
on Administrative Rules. | ||
Any
refinement shall be based on the principles and procedures | ||
of the federal
Architect-Engineer Selection Law, Public Law | ||
92-582 Brooks Act, and the
Architectural, Engineering, and | ||
Land Surveying Qualifications Based Selection
Act; except that |
pricing shall be an integral part of the selection process. | ||
(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section | ||
5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective | ||
date of P.A. 101-657, Article 5, Section 5-5).) | ||
(Text of Section after amendment by P.A. 101-657, Article | ||
40, Section 40-125 ) | ||
Sec. 35-30. Awards. | ||
(a) All State contracts for professional and artistic | ||
services, except as
provided in this Section, shall be awarded | ||
using the
competitive request for proposal process outlined in | ||
this Section. The scoring for requests for proposals shall | ||
include the commitment to diversity factors and methodology | ||
described in subsection (e-5) of Section 20-15. | ||
(b) For each contract offered, the chief procurement | ||
officer, State
purchasing officer, or his or her designee | ||
shall use the appropriate standard
solicitation
forms
| ||
available from the chief procurement officer for matters other | ||
than construction or the higher
education chief procurement | ||
officer. | ||
(c) Prepared forms shall be submitted to the chief | ||
procurement officer for matters other than construction or the | ||
higher education chief procurement officer,
whichever is | ||
appropriate, for
publication in its Illinois Procurement | ||
Bulletin and circulation to the chief procurement officer for | ||
matters other than construction
or the higher education chief |
procurement officer's list of
prequalified vendors. Notice of | ||
the offer or request for
proposal shall appear at least 14 | ||
calendar days before the response to the offer is due. | ||
(d) All interested respondents shall return their | ||
responses to the chief procurement officer for matters other | ||
than construction
or the higher education chief procurement | ||
officer,
whichever is appropriate, which shall open
and record | ||
them. The chief procurement officer for matters other than | ||
construction or higher education chief procurement officer
| ||
then shall forward the responses, together
with any
| ||
information it has available about the qualifications and | ||
other State work
of the respondents. | ||
(e) After evaluation, ranking, and selection, the | ||
responsible chief
procurement officer, State purchasing | ||
officer, or
his or her designee shall notify the chief | ||
procurement officer for matters other than construction
or the | ||
higher education chief procurement officer, whichever is | ||
appropriate,
of the successful respondent and shall forward
a | ||
copy of the signed contract for the chief procurement officer | ||
for matters other than construction or higher education chief
| ||
procurement officer's file. The chief procurement officer for | ||
matters other than construction or higher education chief
| ||
procurement officer shall
publish the names of the
responsible | ||
procurement decision-maker,
the agency letting the contract, | ||
the
successful respondent, a contract reference, and value of | ||
the let contract
in the next appropriate volume of the |
Illinois Procurement Bulletin. | ||
(f) For all professional and artistic contracts with | ||
annualized value
that exceeds $100,000, evaluation and ranking | ||
by price are required. Any chief
procurement officer or State | ||
purchasing officer,
but not their designees, may select a | ||
respondent other than the lowest respondent by
price. In any | ||
case, when the contract exceeds the $100,000 threshold and
the | ||
lowest respondent is not selected, the chief procurement | ||
officer or the State
purchasing officer shall forward together
| ||
with the contract notice of who the low respondent by price was | ||
and a written decision as
to why another was selected to the | ||
chief procurement officer for matters other than construction | ||
or
the higher education chief procurement officer, whichever | ||
is appropriate.
The chief procurement officer for matters | ||
other than construction or higher education chief procurement | ||
officer shall publish as
provided in subsection (e) of Section | ||
35-30,
but
shall include notice of the chief procurement | ||
officer's or State purchasing
officer's written decision. | ||
(g) The chief procurement officer for matters other than | ||
construction and higher education chief
procurement officer | ||
may each refine, but not
contradict, this Section by | ||
promulgating rules
for submission to the Procurement Policy | ||
Board and the Commission on Equity and Inclusion and then to | ||
the Joint Committee
on Administrative Rules. Any
refinement | ||
shall be based on the principles and procedures of the federal
| ||
Architect-Engineer Selection Law, Public Law 92-582 Brooks |
Act, and the
Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection
Act; except that pricing shall | ||
be an integral part of the selection process. | ||
(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section | ||
5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective | ||
date of P.A. 101-657, Article 5, Section 5-5); 101-657, | ||
Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.) | ||
(30 ILCS 500/50-85) | ||
Sec. 50-85. Diversity training. (a) Each chief procurement | ||
officer, State purchasing officer, procurement compliance | ||
monitor, applicable support staff of each chief procurement | ||
officer, State agency purchasing and contracting staff, those | ||
identified under subsection (c) of Section 5-45 of the State | ||
Officials and Employees Ethics Act who have the authority to | ||
participate personally and substantially in the award of State | ||
contracts, and any other State agency staff with substantial | ||
procurement and contracting responsibilities as determined by | ||
the chief procurement officer, in consultation with the State | ||
agency, shall complete annual training for diversity and | ||
inclusion. Each chief procurement officer shall prescribe the | ||
program of diversity and inclusion training appropriate for | ||
each chief procurement officer's jurisdiction.
| ||
(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A. | ||
102-29 for effective date of P.A. 101-657, Article 5, Section | ||
5-5); revised 7-23-21.) |
Section 40. The Commission on Equity and Inclusion Act is | ||
amended by changing Section 40-1 as follows: | ||
(30 ILCS 574/40-1) | ||
(This Section may contain text from a Public Act with a | ||
delayed effective date )
| ||
Sec. 40-1. Short title. This Article Act may be cited as | ||
the Commission on Equity and Inclusion Act. References in this | ||
Article to "this Act" mean this Article.
| ||
(Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.) | ||
Section 45. The Illinois Income Tax Act is amended by | ||
changing Sections 211 and 905 as follows:
| ||
(35 ILCS 5/211)
| ||
Sec. 211. Economic Development for a Growing Economy Tax | ||
Credit. For tax years beginning on or after January 1, 1999, a | ||
Taxpayer
who has entered into an Agreement (including a New | ||
Construction EDGE Agreement) under the Economic Development | ||
for a Growing
Economy Tax Credit Act is entitled to a credit | ||
against the taxes imposed
under subsections (a) and (b) of | ||
Section 201 of this Act in an amount to be
determined in the | ||
Agreement. If the Taxpayer is a partnership or Subchapter
S | ||
corporation, the credit shall be allowed to the partners or | ||
shareholders in
accordance with the determination of income |
and distributive share of income
under Sections 702 and 704 | ||
and subchapter S of the Internal Revenue Code.
The Department, | ||
in cooperation with the Department
of Commerce and Economic | ||
Opportunity, shall prescribe rules to enforce and
administer | ||
the provisions of this Section. This Section is
exempt from | ||
the provisions of Section 250 of this Act.
| ||
The credit shall be subject to the conditions set forth in
| ||
the Agreement and the following limitations:
| ||
(1) The tax credit shall not exceed the Incremental | ||
Income Tax
(as defined in Section 5-5 of the Economic | ||
Development for a Growing Economy
Tax Credit Act) with | ||
respect to the project; additionally, the New Construction | ||
EDGE Credit shall not exceed the New Construction EDGE | ||
Incremental Income Tax (as defined in Section 5-5 of the | ||
Economic Development for a Growing Economy Tax Credit | ||
Act).
| ||
(2) The amount of the credit allowed during the tax | ||
year plus the sum of
all amounts allowed in prior years | ||
shall not exceed 100% of the aggregate
amount expended by | ||
the Taxpayer during all prior tax years on approved costs
| ||
defined by Agreement.
| ||
(3) The amount of the credit shall be determined on an | ||
annual
basis. Except as applied in a carryover year | ||
pursuant to Section 211(4) of
this Act, the credit may not | ||
be applied against any State
income tax liability in more | ||
than 10 taxable
years; provided, however, that (i) an |
eligible business certified by the
Department of Commerce | ||
and Economic Opportunity under the Corporate Headquarters
| ||
Relocation Act may not
apply the credit against any of its | ||
State income tax liability in more than 15
taxable years
| ||
and (ii) credits allowed to that eligible business are | ||
subject to the
conditions
and requirements set forth in | ||
Sections 5-35 and 5-45 of the Economic
Development for a | ||
Growing Economy Tax Credit Act and Section 5-51 as | ||
applicable to New Construction EDGE Credits.
| ||
(4) The credit may not exceed the amount of taxes | ||
imposed pursuant to
subsections (a) and (b) of Section 201 | ||
of this Act. Any credit
that is unused in the year the | ||
credit is computed may be carried forward and
applied to | ||
the tax liability of the 5 taxable years following the | ||
excess credit
year, except as otherwise provided under | ||
paragraph (4.5) of this Section. The credit shall be | ||
applied to the earliest year for which there is a
tax | ||
liability. If there are credits from more than one tax | ||
year that are
available to offset a liability, the earlier | ||
credit shall be applied first.
| ||
(4.5) The Department of Commerce and Economic | ||
Opportunity, in consultation with the Department of | ||
Revenue, shall adopt rules to extend the sunset of any | ||
earned, existing, or unused credit as provided for in | ||
Section 605-1055 of the Department of Commerce and | ||
Economic Opportunity Law of the
Civil Administrative Code |
of Illinois. | ||
(5) No credit shall be allowed with respect to any | ||
Agreement for any
taxable year ending after the | ||
Noncompliance Date. Upon receiving notification
by the | ||
Department of Commerce and Economic Opportunity of the | ||
noncompliance of a
Taxpayer with an Agreement, the | ||
Department shall notify the Taxpayer that no
credit is | ||
allowed with respect to that Agreement for any taxable | ||
year ending
after the Noncompliance Date, as stated in | ||
such notification. If any credit
has been allowed with | ||
respect to an Agreement for a taxable year ending after
| ||
the Noncompliance Date for that Agreement, any refund paid | ||
to the
Taxpayer for that taxable year shall, to the extent | ||
of that credit allowed, be
an erroneous refund within the | ||
meaning of Section 912 of this Act.
| ||
If, during any taxable year, a taxpayer ceases | ||
operations at a project location that is the subject of | ||
that Agreement with the intent to terminate operations in | ||
the State, the tax imposed under subsections (a) and (b) | ||
of Section 201 of this Act for such taxable year shall be | ||
increased by the amount of any credit allowed under the | ||
Agreement for that project location prior to the date the | ||
taxpayer ceases operations. | ||
(6) For purposes of this Section, the terms | ||
"Agreement", "Incremental
Income Tax", "New Construction | ||
EDGE Agreement", "New Construction EDGE Credit", "New |
Construction EDGE Incremental Income Tax", and | ||
"Noncompliance Date" have the same meaning as when used
in | ||
the Economic Development for a Growing Economy Tax Credit | ||
Act.
| ||
(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21; | ||
102-40, eff. 6-25-21; revised 7-15-21.)
| ||
(35 ILCS 5/905) (from Ch. 120, par. 9-905)
| ||
Sec. 905. Limitations on notices of deficiency.
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(a) In general. Except as otherwise provided in this Act:
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(1) A notice of deficiency shall be issued not later | ||
than 3 years
after the date the return was filed, and
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(2) No deficiency shall be assessed or collected with | ||
respect to the
year for which the return was filed unless | ||
such notice is issued within such
period.
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(a-5) Notwithstanding any other provision of this Act to | ||
the contrary, for any taxable year included in a claim for | ||
credit or refund for which the statute of limitations for | ||
issuing a notice of deficiency under this Act will expire less | ||
than 6 months after the date a taxpayer files the claim for | ||
credit or refund, the statute of limitations is automatically | ||
extended for 6 months from the date it would have otherwise | ||
expired. | ||
(b) Substantial omission of items. | ||
(1) Omission of more than 25% of income. If the | ||
taxpayer omits
from base income an amount properly |
includible therein which is in
excess of 25% of the amount | ||
of base income stated in the return, a
notice of | ||
deficiency may be issued not later than 6 years after the
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return was filed. For purposes of this paragraph, there | ||
shall not be
taken into account any amount which is | ||
omitted in the return if such
amount is disclosed in the | ||
return, or in a statement attached to the
return, in a | ||
manner adequate to apprise the Department of the nature | ||
and
the amount of such item.
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(2) Reportable transactions. If a taxpayer fails to | ||
include on any return or statement for any taxable year | ||
any information with respect to a reportable transaction, | ||
as required under Section 501(b) of this Act, a notice of | ||
deficiency may be issued not later than 6 years after the | ||
return is filed with respect to the taxable year in which | ||
the taxpayer participated in the reportable transaction | ||
and said deficiency is limited to the non-disclosed item.
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(3) Withholding. If an employer omits from a return | ||
required under Section 704A of this Act for any period | ||
beginning on or after January 1, 2013, an amount required | ||
to be withheld and to be reported on that return which is | ||
in excess of 25% of the total amount of withholding | ||
required to be reported on that return, a notice of | ||
deficiency may be issued not later than 6 years after the | ||
return was filed. | ||
(c) No return or fraudulent return. If no return is filed |
or a
false and fraudulent return is filed with intent to evade | ||
the tax
imposed by this Act, a notice of deficiency may be | ||
issued at any time. For purposes of this subsection (c), any | ||
taxpayer who is required to join in the filing of a return | ||
filed under the provisions of subsection (e) of Section 502 of | ||
this Act for a taxable year ending on or after December 31, | ||
2013 and who is not included on that return and does not file | ||
its own return for that taxable year shall be deemed to have | ||
failed to file a return; provided that the amount of any | ||
proposed assessment set forth in a notice of deficiency issued | ||
under this subsection (c) shall be limited to the amount of any | ||
increase in liability under this Act that should have reported | ||
on the return required under the provisions of subsection (e) | ||
of Section 502 of this Act for that taxable year resulting from | ||
proper inclusion of that taxpayer on that return.
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(d) Failure to report federal change. If a taxpayer fails | ||
to
notify the Department in any case where notification is | ||
required by
Section 304(c) or 506(b), or fails to report a | ||
change or correction which is
treated in the same manner as if | ||
it were a deficiency for federal income
tax purposes, a notice | ||
of deficiency may be issued (i) at any time or
(ii) on or after | ||
August 13, 1999, at any time for the
taxable year for which the | ||
notification is required or for any taxable year to
which the | ||
taxpayer may carry an Article 2 credit, or a Section 207 loss,
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earned, incurred, or used in the year for which the | ||
notification is required;
provided, however, that the amount |
of any proposed assessment set forth in the
notice shall be | ||
limited to the amount of any deficiency resulting under this
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Act from the recomputation of the taxpayer's net income, | ||
Article 2 credits, or
Section 207 loss earned, incurred, or | ||
used in the taxable year for which the
notification is | ||
required after giving effect to the item or items required to
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be reported.
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(e) Report of federal change.
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(1) Before August 13, 1999, in any case where | ||
notification of
an alteration is given as required by | ||
Section 506(b), a notice of
deficiency may be issued at | ||
any time within 2 years after the date such
notification | ||
is given, provided, however, that the amount of any
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proposed assessment set forth in such notice shall be | ||
limited to the
amount of any deficiency resulting under | ||
this Act from recomputation of
the taxpayer's net income, | ||
net loss, or Article 2 credits
for the taxable year after | ||
giving
effect to the item
or items reflected in the | ||
reported alteration.
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(2) On and after August 13, 1999, in any case where | ||
notification of
an alteration is given as required by | ||
Section 506(b), a notice of
deficiency may be issued at | ||
any time within 2 years after the date such
notification | ||
is given for the taxable year for which the notification | ||
is
given or for any taxable year to which the taxpayer may | ||
carry an Article 2
credit, or a Section 207 loss, earned, |
incurred, or used in the year for which
the notification | ||
is given, provided, however, that the amount of any
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proposed assessment set forth in such notice shall be | ||
limited to the
amount of any deficiency resulting under | ||
this Act from recomputation of
the taxpayer's net income, | ||
Article 2 credits, or Section 207
loss earned, incurred, | ||
or used in
the taxable year for which the notification is | ||
given after giving
effect to the item
or items reflected | ||
in the reported alteration.
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(f) Extension by agreement. Where, before the expiration | ||
of the
time prescribed in this Section for the issuance of a | ||
notice of
deficiency, both the Department and the taxpayer | ||
shall have consented in
writing to its issuance after such | ||
time, such notice may be issued at
any time prior to the | ||
expiration of the period agreed upon.
In the case of a taxpayer | ||
who is a partnership, Subchapter S corporation, or
trust and | ||
who enters into an agreement with the Department pursuant to | ||
this
subsection on or after January 1, 2003, a notice of | ||
deficiency may be issued to
the partners, shareholders, or | ||
beneficiaries of the taxpayer at any time prior
to the | ||
expiration of the period agreed upon. Any
proposed assessment | ||
set forth in the notice, however, shall be limited to the
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amount of
any deficiency resulting under this Act from | ||
recomputation of items of income,
deduction, credits, or other | ||
amounts of the taxpayer that are taken into
account by the | ||
partner, shareholder, or beneficiary in computing its |
liability
under this Act.
The period
so agreed upon may be | ||
extended by subsequent agreements in writing made
before the | ||
expiration of the period previously agreed upon.
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(g) Erroneous refunds. In any case in which there has been | ||
an
erroneous refund of tax payable under this Act, a notice of | ||
deficiency
may be issued at any time within 2 years from the | ||
making of such refund,
or within 5 years from the making of | ||
such refund if it appears that any
part of the refund was | ||
induced by fraud or the misrepresentation of a
material fact, | ||
provided, however, that the amount of any proposed
assessment | ||
set forth in such notice shall be limited to the amount of
such | ||
erroneous refund.
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Beginning July 1, 1993, in any case in which there has been | ||
a refund of tax
payable under this Act attributable to a net | ||
loss carryback as provided for in
Section 207, and that refund | ||
is subsequently determined to be an erroneous
refund due to a | ||
reduction in the amount of the net loss which was originally
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carried back, a notice of deficiency for the erroneous refund | ||
amount may be
issued at any time during the same time period in | ||
which a notice of deficiency
can be issued on the loss year | ||
creating the carryback amount and subsequent
erroneous refund. | ||
The amount of any proposed assessment set forth in the notice
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shall be limited to the amount of such erroneous refund.
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(h) Time return deemed filed. For purposes of this Section | ||
a tax
return filed before the last day prescribed by law | ||
(including any
extension thereof) shall be deemed to have been |
filed on such last day.
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(i) Request for prompt determination of liability. For | ||
purposes
of subsection (a)(1), in the case of a tax return | ||
required under this
Act in respect of a decedent, or by his | ||
estate during the period of
administration, or by a | ||
corporation, the period referred to in such
Subsection shall | ||
be 18 months after a written request for prompt
determination | ||
of liability is filed with the Department (at such time
and in | ||
such form and manner as the Department shall by regulations
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prescribe) by the executor, administrator, or other fiduciary
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representing the estate of such decedent, or by such | ||
corporation, but
not more than 3 years after the date the | ||
return was filed. This
subsection shall not apply in the case | ||
of a corporation unless:
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(1) (A) such written request notifies the Department | ||
that the
corporation contemplates dissolution at or before | ||
the expiration of such
18-month period, (B) the | ||
dissolution is begun in good faith before the
expiration | ||
of such 18-month period, and (C) the dissolution is | ||
completed;
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(2) (A) such written request notifies the Department | ||
that a
dissolution has in good faith been begun, and (B) | ||
the dissolution is
completed; or
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(3) a dissolution has been completed at the time such | ||
written
request is made.
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(j) Withholding tax. In the case of returns required under |
Article 7
of this Act (with respect to any amounts withheld as | ||
tax or any amounts
required to have been withheld as tax) a | ||
notice of deficiency shall be
issued not later than 3 years | ||
after the 15th day of the 4th month
following the close of the | ||
calendar year in which such withholding was
required.
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(k) Penalties for failure to make information reports. A | ||
notice of
deficiency for the penalties provided by Subsection | ||
1405.1(c) of this Act may
not be issued more than 3 years after | ||
the due date of the reports with respect
to which the penalties | ||
are asserted.
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(l) Penalty for failure to file withholding returns. A | ||
notice of deficiency
for penalties provided by Section 1004 of | ||
this Act for the taxpayer's failure
to file withholding | ||
returns may not be issued more than three years after
the 15th | ||
day of the 4th month following the close of the calendar year | ||
in
which the withholding giving rise to the taxpayer's | ||
obligation to file those
returns occurred.
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(m) Transferee liability. A notice of deficiency may be | ||
issued to a
transferee relative to a liability asserted under | ||
Section 1405 during time
periods defined as follows:
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(1) 1) Initial Transferee. In the case of the | ||
liability of an initial
transferee, up to 2 years after | ||
the expiration of the period of limitation for
assessment | ||
against the transferor, except that if a court proceeding | ||
for review
of the assessment against the transferor has | ||
begun, then up to 2 years after
the return of the certified |
copy of the judgment in the court proceeding.
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(2) 2) Transferee of Transferee. In the case of the | ||
liability of a
transferee,
up to 2 years after the | ||
expiration of the period of limitation for assessment
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against the preceding transferee, but not more than 3 | ||
years after the
expiration of the period of limitation for | ||
assessment against the initial
transferor; except that if, | ||
before the expiration of the period of limitation
for the | ||
assessment of the liability of the transferee, a court | ||
proceeding for
the collection of the tax or liability in | ||
respect thereof has been begun
against the initial | ||
transferor or the last preceding transferee, as the case
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may be, then the period of limitation for assessment of | ||
the liability of the
transferee shall expire 2 years after | ||
the return of the certified copy of the
judgment in the | ||
court proceeding.
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(n) Notice of decrease in net loss. On and after August 23, | ||
2002, no notice of deficiency shall
be issued as the result of | ||
a decrease determined by the Department in the net
loss | ||
incurred by a taxpayer in any taxable year ending prior to | ||
December 31, 2002 under Section 207 of this Act unless the | ||
Department
has notified the taxpayer of the proposed decrease | ||
within 3 years after the
return reporting the loss was filed or | ||
within one year after an amended return
reporting an increase | ||
in the loss was filed, provided that in the case of an
amended | ||
return, a decrease proposed by the Department more than 3 |
years after
the original return was filed may not exceed the | ||
increase claimed by the
taxpayer on the original return.
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(Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)
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Section 50. The Local Government Revenue Recapture Act is | ||
amended by changing Sections 5-20 and 10-30 as follows: | ||
(50 ILCS 355/5-20)
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Sec. 5-20. Retention, collection, disclosure, and | ||
destruction of financial information. | ||
(a) A third party in possession of a taxpayer's financial | ||
information must permanently destroy that financial | ||
information pursuant to this Act. The financial information | ||
shall be destroyed upon the soonest of the following to occur: | ||
(1) if the taxpayer is not referred to the Department, | ||
within 30 days after receipt of the taxpayer's financial | ||
information from either the municipality or county, unless | ||
the third party is monitoring disbursements from the | ||
Department on an ongoing basis for a municipality or | ||
county, in which case , the financial information shall be | ||
destroyed no later than 3 years after receipt; or | ||
(2) within 30 days after the Department receives a | ||
taxpayer audit referral from a third party referring the | ||
taxpayer to the Department for additional review. | ||
(b) No third party in possession of financial information | ||
may sell, lease, trade, market, or otherwise utilize or profit |
from a taxpayer's financial information. The municipality or | ||
county may, however, negotiate a fee with the third party. The | ||
fee may be in the form of a contingency fee for a percentage of | ||
the amount of additional distributions the municipality or | ||
county receives for no more than 3 years following the first | ||
disbursement to the municipality or county as a result of the | ||
services of the third party under this Act. | ||
(c) No third party may permanently or temporarily collect, | ||
capture, purchase, use, receive through trade, or otherwise | ||
retain a taxpayer's financial information beyond the scope of | ||
subsection (a) of this Section. | ||
(d) No third party in possession of confidential | ||
information may disclose, redisclose, share, or otherwise | ||
disseminate a taxpayer's financial information. | ||
(e) A third party must dispose of the materials containing | ||
financial information in a manner that renders the financial | ||
information unreadable, unusable, and undecipherable. Proper | ||
disposal methods include, but are not limited to, the | ||
following: | ||
(1) in the case of paper documents, burning, | ||
pulverizing, or shredding so that the information cannot | ||
practicably be read or reconstructed; and | ||
(2) in the case of electronic media and other | ||
non-paper media containing information, destroying or | ||
erasing so that information cannot practicably be read, | ||
reconstructed, or otherwise utilized by the third party or |
others.
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(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21; | ||
revised 8-3-21.) | ||
(50 ILCS 355/10-30)
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Sec. 10-30. Local government revenue recapture audit | ||
referral. | ||
(a) A third party shall not refer a taxpayer to the | ||
Department for audit consideration unless the third party is | ||
registered with the Department pursuant to Section 5-35. | ||
(b) If, based on a review of the financial information | ||
provided by the Department to a municipality or county, or | ||
provided by a municipality or county to a registered third | ||
party, the municipality or county discovers that a taxpayer | ||
may have underpaid local retailers' or service occupation | ||
taxes, then it may refer the matter to the Department for audit | ||
consideration. The tax compliance referral may be made only by | ||
the municipality, county, or third party and shall be made in | ||
the form and manner required by the Department, including any | ||
requirement that the referral be submitted electronically. The | ||
tax compliance referral shall, at a minimum, include proof of | ||
registration as a third party, a copy of a contract between the | ||
third party and the county or municipality, the taxpayer's | ||
name, Department account identification number, mailing | ||
address, and business location, and the specific reason for | ||
the tax compliance referral, including as much detail as |
possible. | ||
(c) The Department shall complete its evaluation of all | ||
audit referrals under this Act within 90 days after receipt of | ||
the referral and shall handle all audit referrals as follows: | ||
(1) the Department shall evaluate the referral to | ||
determine whether it is sufficient to warrant further | ||
action based on the information provided in the referral, | ||
any other information the Department possesses, and audit | ||
selection procedures of the Department; | ||
(2) if the Department determines that the referral is | ||
not actionable, then the Department shall notify the local | ||
government that it has evaluated the referral and has | ||
determined that no action
is deemed necessary and provide | ||
the local government with an explanation for that | ||
decision, including, but not limited to , an explanation | ||
that (i) the Department has previously conducted an audit; | ||
(ii) the Department is in the process of conducting an | ||
investigation or other examination of the taxpayer's | ||
records; (iii) the taxpayer has already been referred to | ||
the Department and the Department determined an audit | ||
referral is not actionable; (iv) the Department or a | ||
qualified practitioner has previously conducted an audit | ||
after referral under this Section 10-30; or (v) for just | ||
cause; | ||
(3) if the Department determines that the referral is | ||
actionable, then it shall determine whether the taxpayer |
is currently under audit or scheduled for audit by the | ||
Department; | ||
(A) if the taxpayer is not currently under audit | ||
by the Department or scheduled for audit by the | ||
Department, the Department shall determine whether it | ||
will schedule the taxpayer for audit; and | ||
(B) if the taxpayer is not under audit by the | ||
Department and the Department decides under | ||
subparagraph (A) not to schedule the taxpayer for | ||
audit by the Department, then the Department shall | ||
notify the taxpayer that the Department has received | ||
an actionable audit referral on the taxpayer and issue | ||
a notice to the taxpayer as provided under subsection | ||
(d) of this Section. | ||
(d) The notice to the taxpayer required by subparagraph | ||
(B) of paragraph (3) of subsection (c) shall include, but not | ||
be limited to, the following: | ||
(1) that the taxpayer must either: (A) engage a | ||
qualified practitioner, at
the taxpayer's expense, to | ||
complete a certified audit, limited in scope to the | ||
taxpayer's Retailers' Occupation Tax, Use Tax, Service | ||
Occupation Tax, or Service Use Tax liability, and the | ||
taxpayer's liability for any local retailers' or service | ||
occupation tax administered by the Department; or (B) be | ||
subject to audit by the Department; | ||
(2) that, as an incentive, for taxpayers who agree to |
the limited-scope certified audit, the Department shall | ||
abate penalties as provided in Section 10-20; and | ||
(3) A statement that reads: "[INSERT THE NAME OF THE | ||
ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has | ||
contracted with [INSERT THIRD PARTY] to review your | ||
Retailers' Occupation Tax, Use Tax, Service Occupation | ||
Tax, Service Use Tax, and any local retailers' or service | ||
occupation taxes reported to the Illinois Department of | ||
Revenue ("Department"). [INSERT THE NAME OF THE ELECTED | ||
CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT | ||
THE THIRD PARTY] have selected and referred your business | ||
to the Department for a certified audit of your Retailers' | ||
Occupation Tax, Use Tax, Service Occupation Tax, Service | ||
Use Tax, and any local retailers' or service occupation | ||
taxes reported to the Department pursuant to the Local | ||
Government Revenue Recapture Act. The purpose of the audit | ||
is to verify that your business
reported and submitted the | ||
proper Retailers' Occupation Tax, Use Tax, Service | ||
Occupation Tax, Service Use Tax, and any local retailers' | ||
or service occupation taxes administered by the | ||
Department. The Department is required to disclose your | ||
confidential financial information to [INSERT THE NAME OF | ||
THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] | ||
and [INSERT THE THIRD PARTY]. Additional information can | ||
be accessed from the Department's website and publications | ||
for a basic overview of your rights as a Taxpayer. If you |
have questions regarding your business's referral to the | ||
Department for audit, please contact [CORPORATE | ||
AUTHORITY'S] mayor, village president, or any other person | ||
serving as [CORPORATE AUTHORITY'S] chief executive officer | ||
or chief financial officer. [INSERT THIRD PARTY] is | ||
prohibited from discussing this matter with you directly | ||
or indirectly in any manner regardless of who initiates | ||
the contact. If [INSERT THIRD PARTY] contacts you, please | ||
contact the Department.".
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(e) Within 90 days after notice by the Department, the | ||
taxpayer must respond by stating in writing whether it will or | ||
will not arrange for the performance of a certified audit | ||
under this Act. If the taxpayer states that it will arrange for | ||
the performance of a certified audit, then it must do so within | ||
60 days after responding to the Department or within 90 days | ||
after notice by the Department, whichever comes first. If the | ||
taxpayer states that it will not arrange for the performance | ||
of a certified audit or if the taxpayer does not arrange for | ||
the performance of a certified audit within 180 days after | ||
notice by the Department, then the Department may schedule the | ||
taxpayer for audit by the Department. | ||
(f) The certified audit must not be a contingent-fee | ||
engagement and must be completed in accordance with this | ||
Article 10.
| ||
(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21; | ||
revised 8-3-21.) |
Section 55. The Illinois Police Training Act is amended by | ||
changing Section 6 as follows:
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
(Text of Section before amendment by P.A. 101-652 ) | ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary
police officers, | ||
probationary county corrections officers, and
court security | ||
officers and
of providing advanced or in-service training for | ||
permanent police officers
or permanent
county corrections | ||
officers, which schools may be either publicly or
privately | ||
owned and operated. In addition, the Board has the following
| ||
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the |
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, or entered a plea of guilty to, a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||
of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may | ||
appoint investigators who shall enforce
the duties | ||
conferred upon the Board by this Act.
| ||
(Source: P.A. 101-187, eff. 1-1-20 .) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
10, Section 10-143 but before amendment by P.A. 101-652, | ||
Article 25, Section 25-40 ) |
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary
police officers, | ||
probationary county corrections officers, and
court security | ||
officers and
of providing advanced or in-service training for | ||
permanent police officers
or permanent
county corrections | ||
officers, which schools may be either publicly or
privately | ||
owned and operated. In addition, the Board has the following
| ||
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been |
convicted of, or entered a plea of guilty to, a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||
of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may | ||
appoint investigators who shall enforce
the duties | ||
conferred upon the Board by this Act.
| ||
f. To establish statewide standards for minimum | ||
standards regarding regular mental health screenings for | ||
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||
Section 10-143, eff. 7-1-21.) | ||
(Text of Section after amendment by P.A. 101-652, Article | ||
25, Section 25-40 )
| ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify |
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary law enforcement
| ||
officers, probationary county corrections officers, and
court | ||
security officers and
of providing advanced or in-service | ||
training for permanent law enforcement officers
or permanent
| ||
county corrections officers, which schools may be either | ||
publicly or
privately owned and operated. In addition, the | ||
Board has the following
power and duties:
| ||
a. To require local governmental units , to furnish | ||
such reports and
information as the Board deems necessary | ||
to fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
law enforcement officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum | ||
for county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, found guilty of, or entered a plea of guilty | ||
to, or entered a plea of nolo contendere to a felony |
offense, any of the
misdemeanors in Sections 11-1.50, | ||
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, | ||
12-3.2, 12-3.5, 16-1,
17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||
28-3, 29-1, any misdemeanor in violation of any Section of | ||
Part E of Title III of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or subsection (a) of Section 17-32 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 5 or 5.2 of the Cannabis Control Act, or a crime | ||
involving
moral
turpitude under the laws of this State or | ||
any other state which if
committed in this State would be | ||
punishable as a felony or a crime of
moral turpitude, or | ||
any felony or misdemeanor in violation of federal law or | ||
the law of any state that is the equivalent of any of the | ||
offenses specified therein. The Board may appoint | ||
investigators who shall enforce
the duties conferred upon | ||
the Board by this Act.
| ||
For purposes of this paragraph e, a person is | ||
considered to have been convicted of, found guilty of, or | ||
entered a plea of guilty to, plea of nolo contendere to | ||
regardless of whether the adjudication of guilt or | ||
sentence is withheld or not entered thereon. This includes | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, or any similar disposition provided | ||
for by law. | ||
f. To establish statewide standards for minimum | ||
standards regarding regular mental health screenings for |
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
f. For purposes of this paragraph (e), a person is | ||
considered to have been "convicted of, found guilty of, or | ||
entered a plea of guilty to, plea of nolo contendere to" | ||
regardless of whether the adjudication of guilt or | ||
sentence is withheld or not entered thereon. This includes | ||
sentences of supervision, conditional discharge, or first | ||
offender probation, or any similar disposition provided | ||
for by law. | ||
g. To review and ensure all law enforcement officers | ||
remain in compliance with this Act, and any administrative | ||
rules adopted under this Act. | ||
h. To suspend any certificate for a definite period, | ||
limit or restrict any certificate, or revoke any | ||
certificate. | ||
i. The Board and the Panel shall have power to secure | ||
by its subpoena and bring before it any person or entity in | ||
this State and to take testimony either orally or by | ||
deposition or both with the same fees and mileage and in | ||
the same manner as prescribed by law in judicial | ||
proceedings in civil cases in circuit courts of this | ||
State. The Board and the Panel shall also have the power to | ||
subpoena the production of documents, papers, files, | ||
books, documents, and records, whether in physical or | ||
electronic form, in support of the charges and for |
defense, and in connection with a hearing or | ||
investigation. | ||
j. The Executive Director, the administrative law | ||
judge designated by the Executive Director, and each | ||
member of the Board and the Panel shall have the power to | ||
administer oaths to witnesses at any hearing that the | ||
Board is authorized to conduct under this Act and any | ||
other oaths required or authorized to be administered by | ||
the Board under this Act. | ||
k. In case of the neglect or refusal of any person to | ||
obey a subpoena issued by the Board and the Panel, any | ||
circuit court, upon application of the Board and the | ||
Panel, through the Illinois Attorney General, may order | ||
such person to appear before the Board and the Panel give | ||
testimony or produce evidence, and any failure to obey | ||
such order is punishable by the court as a contempt | ||
thereof. This order may be served by personal delivery, by | ||
email, or by mail to the address of record or email address | ||
of record. | ||
l. The Board shall have the power to administer state | ||
certification examinations. Any and all records related to | ||
these examinations, including , but not limited to , test | ||
questions, test formats, digital files, answer responses, | ||
answer keys, and scoring information shall be exempt from | ||
disclosure. | ||
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||
25-40, eff. 1-1-22; revised 4-26-21.) | ||
Section 60. The Law Enforcement Officer-Worn Body Camera | ||
Act is amended by changing Section 10-20 as follows: | ||
(50 ILCS 706/10-20) | ||
Sec. 10-20. Requirements. | ||
(a) The Board shall develop basic guidelines for the use | ||
of officer-worn body cameras by law enforcement agencies. The | ||
guidelines developed by the Board shall be the basis for the | ||
written policy which must be adopted by each law enforcement | ||
agency which employs the use of officer-worn body cameras. The | ||
written policy adopted by the law enforcement agency must | ||
include, at a minimum, all of the following: | ||
(1) Cameras must be equipped with pre-event recording, | ||
capable of recording at least the 30 seconds prior to | ||
camera activation, unless the officer-worn body camera was | ||
purchased and acquired by the law enforcement agency prior | ||
to July 1, 2015. | ||
(2) Cameras must be capable of recording for a period | ||
of 10 hours or more, unless the officer-worn body camera | ||
was purchased and acquired by the law enforcement agency | ||
prior to July 1, 2015. | ||
(3) Cameras must be turned on at all times when the | ||
officer is in uniform and is responding to calls for |
service or engaged in any law enforcement-related | ||
encounter or activity , that occurs while the officer is on | ||
duty. | ||
(A) If exigent circumstances exist which prevent | ||
the camera from being turned on, the camera must be | ||
turned on as soon as practicable. | ||
(B) Officer-worn body cameras may be turned off | ||
when the officer is inside of a patrol car which is | ||
equipped with a functioning in-car camera; however, | ||
the officer must turn on the camera upon exiting the | ||
patrol vehicle for law enforcement-related encounters. | ||
(C) Officer-worn body cameras may be turned off | ||
when the officer is inside a correctional facility or | ||
courthouse which is equipped with a functioning camera | ||
system. | ||
(4) Cameras must be turned off when:
| ||
(A) the victim of a crime requests that the camera | ||
be turned off, and unless impractical or impossible, | ||
that request is made on the recording; | ||
(B) a witness of a crime or a community member who | ||
wishes to report a crime requests that the camera be | ||
turned off, and unless impractical or impossible that | ||
request is made on the recording;
| ||
(C) the officer is interacting with a confidential | ||
informant used by the law enforcement agency; or | ||
(D) an officer of the Department of Revenue enters |
a Department of Revenue facility or conducts an | ||
interview during which return information will be | ||
discussed or visible. | ||
However, an officer may continue to record or resume | ||
recording a victim or a witness, if exigent circumstances | ||
exist, or if the officer has reasonable articulable | ||
suspicion that a victim or witness, or confidential | ||
informant has committed or is in the process of committing | ||
a crime. Under these circumstances, and unless impractical | ||
or impossible, the officer must indicate on the recording | ||
the reason for continuing to record despite the request of | ||
the victim or witness. | ||
(4.5) Cameras may be turned off when the officer is | ||
engaged in community caretaking functions. However, the | ||
camera must be turned on when the officer has reason to | ||
believe that the person on whose behalf the officer is | ||
performing a community caretaking function has committed | ||
or is in the process of committing a crime. If exigent | ||
circumstances exist which prevent the camera from being | ||
turned on, the camera must be turned on as soon as | ||
practicable. | ||
(5) The officer must provide notice of recording to | ||
any person if the person has a reasonable expectation of | ||
privacy and proof of notice must be evident in the | ||
recording.
If exigent circumstances exist which prevent | ||
the officer from providing notice, notice must be provided |
as soon as practicable. | ||
(6) (A) For the purposes of redaction, labeling, or | ||
duplicating recordings, access to camera recordings shall | ||
be restricted to only those personnel responsible for | ||
those purposes. The recording officer or his or her | ||
supervisor may not redact, label, duplicate or otherwise | ||
alter the recording officer's camera recordings. Except as | ||
otherwise provided in this Section, the recording officer | ||
and his or her supervisor may access and review recordings | ||
prior to completing incident reports or other | ||
documentation, provided that the supervisor discloses that | ||
fact in the report or documentation. | ||
(i) A law enforcement officer shall not have | ||
access to or review his or her body-worn
camera | ||
recordings or the body-worn camera recordings of | ||
another officer prior to completing incident reports | ||
or other documentation when the officer: | ||
(a) has been involved in or is a witness to an | ||
officer-involved shooting, use of deadly force | ||
incident, or use of force incidents resulting in | ||
great bodily harm; | ||
(b) is ordered to write a report in response | ||
to or during the investigation of a misconduct | ||
complaint against the officer. | ||
(ii) If the officer subject to subparagraph (i) | ||
prepares a report, any report shall be prepared |
without viewing body-worn camera recordings, and | ||
subject to supervisor's approval, officers may file | ||
amendatory reports after viewing body-worn camera | ||
recordings. Supplemental reports under this provision | ||
shall also contain documentation regarding access to | ||
the video footage. | ||
(B) The recording officer's assigned field | ||
training officer may access and review recordings for | ||
training purposes. Any detective or investigator | ||
directly involved in the investigation of a matter may | ||
access and review recordings which pertain to that | ||
investigation but may not have access to delete or | ||
alter such recordings. | ||
(7) Recordings made on officer-worn cameras must be | ||
retained by the law enforcement agency or by the camera | ||
vendor used by the agency, on a recording medium for a | ||
period of 90 days. | ||
(A) Under no circumstances shall any recording, | ||
except for a non-law enforcement related activity or | ||
encounter, made with an officer-worn body camera be | ||
altered, erased, or destroyed prior to the expiration | ||
of the 90-day storage period.
In the event any | ||
recording made with an officer-worn body camera is | ||
altered, erased, or destroyed prior to the expiration | ||
of the 90-day storage period, the law enforcement | ||
agency shall maintain, for a period of one year, a |
written record including (i) the name of the | ||
individual who made such alteration, erasure, or | ||
destruction, and (ii) the reason for any such | ||
alteration, erasure, or destruction. | ||
(B) Following the 90-day storage period, any and | ||
all recordings made with an officer-worn body camera | ||
must be destroyed, unless any encounter captured on | ||
the recording has been flagged. An encounter is deemed | ||
to be flagged when:
| ||
(i) a formal or informal complaint has been | ||
filed; | ||
(ii) the officer discharged his or her firearm | ||
or used force during the encounter;
| ||
(iii) death or great bodily harm occurred to | ||
any person in the recording;
| ||
(iv) the encounter resulted in a detention or | ||
an arrest, excluding traffic stops which resulted | ||
in only a minor traffic offense or business | ||
offense; | ||
(v) the officer is the subject of an internal | ||
investigation or otherwise being investigated for | ||
possible misconduct;
| ||
(vi) the supervisor of the officer, | ||
prosecutor, defendant, or court determines that | ||
the encounter has evidentiary value in a criminal | ||
prosecution; or |
(vii) the recording officer requests that the | ||
video be flagged for official purposes related to | ||
his or her official duties. | ||
(C) Under no circumstances shall any recording | ||
made with an officer-worn body camera relating to a | ||
flagged encounter be altered or destroyed prior to 2 | ||
years after the recording was flagged. If the flagged | ||
recording was used in a criminal, civil, or | ||
administrative proceeding, the recording shall not be | ||
destroyed except upon a final disposition and order | ||
from the court. | ||
(8) Following the 90-day storage period, recordings | ||
may be retained if a supervisor at the law enforcement | ||
agency designates the recording for training purposes. If | ||
the recording is designated for training purposes, the | ||
recordings may be viewed by officers, in the presence of a | ||
supervisor or training instructor, for the purposes of | ||
instruction, training, or ensuring compliance with agency | ||
policies.
| ||
(9) Recordings shall not be used to discipline law | ||
enforcement officers unless: | ||
(A) a formal or informal complaint of misconduct | ||
has been made; | ||
(B) a use of force incident has occurred; | ||
(C) the encounter on the recording could result in | ||
a formal investigation under the Uniform Peace |
Officers' Disciplinary Act; or | ||
(D) as corroboration of other evidence of | ||
misconduct. | ||
Nothing in this paragraph (9) shall be construed to | ||
limit or prohibit a law enforcement officer from being | ||
subject to an action that does not amount to discipline. | ||
(10) The law enforcement agency shall ensure proper | ||
care and maintenance of officer-worn body cameras. Upon | ||
becoming aware, officers must as soon as practical | ||
document and notify the appropriate supervisor of any | ||
technical difficulties, failures, or problems with the | ||
officer-worn body camera or associated equipment. Upon | ||
receiving notice, the appropriate supervisor shall make | ||
every reasonable effort to correct and repair any of the | ||
officer-worn body camera equipment. | ||
(11) No officer may hinder or prohibit any person, not | ||
a law enforcement officer, from recording a law | ||
enforcement officer in the performance of his or her | ||
duties in a public place or when the officer has no | ||
reasonable expectation of privacy.
The law enforcement | ||
agency's written policy shall indicate the potential | ||
criminal penalties, as well as any departmental | ||
discipline, which may result from unlawful confiscation or | ||
destruction of the recording medium of a person who is not | ||
a law enforcement officer. However, an officer may take | ||
reasonable action to maintain safety and control, secure |
crime scenes and accident sites, protect the integrity and | ||
confidentiality of investigations, and protect the public | ||
safety and order. | ||
(b) Recordings made with the use of an officer-worn body | ||
camera are not subject to disclosure under the Freedom of | ||
Information Act, except that: | ||
(1) if the subject of the encounter has a reasonable | ||
expectation of privacy, at the time of the recording, any | ||
recording which is flagged, due to the filing of a | ||
complaint, discharge of a firearm, use of force, arrest or | ||
detention, or resulting death or bodily harm, shall be | ||
disclosed in accordance with the Freedom of Information | ||
Act if: | ||
(A) the subject of the encounter captured on the | ||
recording is a victim or witness; and | ||
(B) the law enforcement agency obtains written | ||
permission of the subject or the subject's legal | ||
representative; | ||
(2) except as provided in paragraph (1) of this | ||
subsection (b), any recording which is flagged due to the | ||
filing of a complaint, discharge of a firearm, use of | ||
force, arrest or detention, or resulting death or bodily | ||
harm shall be disclosed in accordance with the Freedom of | ||
Information Act; and | ||
(3) upon request, the law enforcement agency shall | ||
disclose, in accordance with the Freedom of Information |
Act, the recording to the subject of the encounter | ||
captured on the recording or to the subject's attorney, or | ||
the officer or his or her legal representative. | ||
For the purposes of paragraph (1) of this subsection (b), | ||
the subject of the encounter does not have a reasonable | ||
expectation of privacy if the subject was arrested as a result | ||
of the encounter. For purposes of subparagraph (A) of | ||
paragraph (1) of this subsection (b), "witness" does not | ||
include a person who is a victim or who was arrested as a | ||
result of the encounter.
| ||
Only recordings or portions of recordings responsive to | ||
the request shall be available for inspection or reproduction. | ||
Any recording disclosed under the Freedom of Information Act | ||
shall be redacted to remove identification of any person that | ||
appears on the recording and is not the officer, a subject of | ||
the encounter, or directly involved in the encounter. Nothing | ||
in this subsection (b) shall require the disclosure of any | ||
recording or portion of any recording which would be exempt | ||
from disclosure under the Freedom of Information Act. | ||
(c) Nothing in this Section shall limit access to a camera | ||
recording for the purposes of complying with Supreme Court | ||
rules or the rules of evidence.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 7-30-21.) | ||
Section 65. The Emergency Telephone System Act is amended |
by changing Section 11.5 as follows: | ||
(50 ILCS 750/11.5) | ||
(Section scheduled to be repealed on December 31, 2023) | ||
Sec. 11.5. Aggregator and originating service provider | ||
responsibilities. | ||
(a) Each aggregator, and the originating service providers | ||
whose 9-1-1 calls are being aggregated by the aggregator, | ||
shall comply with their respective requirements in 83 Ill. | ||
Adm. Code Part 725.410. | ||
(b) Beginning July 1, 2021, each aggregator that is | ||
operating within the State must email the Office of the | ||
Statewide 9-1-1 Administrator to provide the following | ||
information that supports the implementation of and the | ||
migration to the Statewide NG9-1-1 system: | ||
(1) A company 9-1-1 contact, address, email, and phone | ||
number. | ||
(2) A list of originating service providers that the | ||
aggregator transports 9-1-1 calls for and then to the | ||
appropriate 9-1-1 system provider.
New or current | ||
aggregators must update the required information within 30 | ||
days of implementing any changes in information required | ||
by this subsection. | ||
(c) Each aggregator shall establish procedures for | ||
receiving No Record Found errors from the 9-1-1 System | ||
Provider, identifying the originating service provider who |
delivered the call to the aggregator, and referring the No | ||
Record Found errors to that originating service provider. | ||
(d) Each originating service provider shall establish | ||
procedures with the 9-1-1 system provider for preventing and | ||
resolving No Record Found errors in the 9-1-1 database and | ||
make every effort to ensure 9-1-1 calls are sent to the | ||
appropriate public safety answering point. | ||
(e) If a 9-1-1 system is being transitioned to NG9-1-1 | ||
service or to a new provider, each aggregator shall be | ||
responsible for coordinating any modifications that are needed | ||
to ensure that the originating service provider provides the | ||
required level of service to its customers. Each aggregator | ||
shall coordinate those network changes or additions for those | ||
migrations in a timely manner with the appropriate 9-1-1 | ||
system provider who shall be managing its respective | ||
implementation schedule and cut over. Each aggregator shall | ||
send notice to its originating service provider customers of | ||
the aggregator's successful turn up of the network changes or | ||
additions supporting the migration and include the necessary | ||
information for the originating service provider's migration | ||
(such as public safety answering point name, Federal | ||
Communications Commission Identification, and Emergency | ||
Services Routing Number). The notice shall be provided to the | ||
originating service providers within 2 weeks of acceptance | ||
testing and conversion activities between the aggregator and | ||
the 9-1-1 system provider. |
(f) The 9-1-1 system provider shall coordinate directly | ||
with the originating service providers (unless the aggregator | ||
separately agrees to coordinate with the originating service | ||
providers) for migration, but in no case shall that migration | ||
exceed 30 days after receipt of notice from the aggregator, | ||
unless agreed to by the originating service provider and 9-1-1 | ||
system provider. | ||
(g) Each aggregator shall coordinate test calls with the | ||
9-1-1 system provider and the 9-1-1 Authority when turning up | ||
new circuits or making network changes. Each originating | ||
service provider shall perform testing of its network and | ||
provisioning upon notification from the aggregator that the | ||
network has been tested and accepted with the 9-1-1 system | ||
provider. | ||
(h) Each aggregator and originating service provider | ||
customer shall deliver all 9-1-1 calls, audio, data, and | ||
location to the 9-1-1 system at a location determined by the | ||
State.
| ||
(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.) | ||
Section 70. The Counties Code is amended by changing | ||
Sections 2-3003 and 2-4006.5 as follows:
| ||
(55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
| ||
Sec. 2-3003. Apportionment plan.
| ||
(1) If the county board determines
that members shall be |
elected by districts, it shall develop an
apportionment plan | ||
and specify the number of districts and the number of
county | ||
board members to be elected from each district and whether | ||
voters will
have cumulative voting rights in multi-member | ||
districts. Each such district:
| ||
a. Shall be substantially equal in population to each | ||
other district;
| ||
b. Shall be comprised of contiguous territory, as | ||
nearly compact as
practicable; and
| ||
c. May divide townships or municipalities only when | ||
necessary to conform
to the population requirement of | ||
paragraph a. of this Section ; and .
| ||
d. Shall be created in such a manner so that no | ||
precinct shall be
divided between 2 or more districts, | ||
insofar as is practicable.
| ||
(2) The county board of each county having a population of | ||
less than
3,000,000 inhabitants may, if it should so decide, | ||
provide within that
county for single-member single member | ||
districts outside the corporate limits and
multi-member | ||
districts within the corporate limits of any municipality with
| ||
a population in excess of 75,000. Paragraphs a, b, c , and d of | ||
subsection
(1) of this Section shall apply to the | ||
apportionment of both single-member single and
multi-member | ||
districts within a county to the extent that compliance with
| ||
paragraphs a, b, c , and d still permit the establishment of | ||
such districts,
except that the population of any multi-member |
district shall be equal to
the population of any single-member | ||
single member district, times the number of members
found | ||
within that multi-member district. | ||
(3) In a county where the Chairman of the County Board is | ||
elected by the voters of the county as provided in Section | ||
2-3007, the Chairman of the County Board may develop and | ||
present to the Board by the third Wednesday in May in the year | ||
after a federal decennial census year an apportionment plan in | ||
accordance with the provisions of subsection (1) of this | ||
Section. If the Chairman presents a plan to the Board by the | ||
third Wednesday in May, the Board shall conduct at least one | ||
public hearing to receive comments and to discuss the | ||
apportionment plan, the hearing shall be held at least 6 days | ||
but not more than 21 days after the Chairman's plan was | ||
presented to the Board, and the public shall be given notice of | ||
the hearing at least 6 days in advance. If the Chairman | ||
presents a plan by the third Wednesday in May, the Board is | ||
prohibited from enacting an apportionment plan until after a | ||
hearing on the plan presented by the Chairman. The Chairman | ||
shall have access to the federal decennial census available to | ||
the Board. | ||
(4) In a county where a County Executive is elected by the | ||
voters of the county as provided in Section 2-5007 of this the | ||
Counties Code, the County Executive may develop and present to | ||
the Board by the third Wednesday in May in the year after a | ||
federal decennial census year an apportionment plan in |
accordance with the provisions of subsection (1) of this | ||
Section. If the Executive presents a plan to the Board by the | ||
third Wednesday in May, the Board shall conduct at least one | ||
public hearing to receive comments and to discuss the | ||
apportionment plan, the hearing shall be held at least 6 days | ||
but not more than 21 days after the Executive's plan was | ||
presented to the Board, and the public shall be given notice of | ||
the hearing at least 6 days in advance. If the Executive | ||
presents a plan by the third Wednesday in May, the Board is | ||
prohibited from enacting an apportionment plan until after a | ||
hearing on the plan presented by the Executive. The Executive | ||
shall have access to the federal decennial census available to | ||
the Board.
| ||
(5) For the reapportionment of 2021, the Chairman of the | ||
County Board or County Executive may develop and present (or | ||
redevelop and represent) to the Board by the third Wednesday | ||
in November in the year after a federal decennial census year | ||
an apportionment plan and the Board shall conduct its public | ||
hearing as provided in paragraphs (3) and (4) following | ||
receipt of the apportionment plan. | ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
(55 ILCS 5/2-4006.5)
| ||
Sec. 2-4006.5. Commissioners in certain counties.
| ||
(a) If a county elects 3
commissioners at large under | ||
Section 2-4006, registered voters of such
county may, by a |
vote of a majority of those voting on such proposition,
| ||
determine to change the method of electing the board of county | ||
commissioners
by electing either 3 or 5 members from | ||
single-member single
member districts.
In order for such | ||
question to be placed upon the ballot, such petition must
| ||
contain the signatures of not fewer than 10% of the registered | ||
voters of such
county.
| ||
Commissioners may not be elected from single-member single | ||
member districts until the
question of electing either 3 or 5 | ||
commissioners from single-member single
member districts has | ||
been submitted to the
electors of the county at a regular | ||
election and approved by a majority of the
electors voting on | ||
the question. The commissioners must certify the question
to
| ||
the proper election authority, which must submit the question | ||
at an election in
accordance with the Election Code.
| ||
The question must be in substantially the following form:
| ||
Shall the board of county commissioners of (name of
| ||
county) consist of (insert either 3 or 5) commissioners | ||
elected from single-member
single member districts?
| ||
The votes must be recorded as "Yes" or "No".
| ||
If a majority of the electors voting on the question vote
| ||
in the affirmative, a 3-member or 5-member board of county | ||
commissioners,
as the case may be,
shall be established to be | ||
elected
from single-member single member
districts.
| ||
(b) If the voters of the county decide to elect either 3 or | ||
5 commissioners
from single-member single member districts, |
the
board of county commissioners shall on or before
August 31 | ||
of the year following the 2000 federal decennial census divide | ||
the
county into either 3 or 5 compact and contiguous county
| ||
commission districts that are substantially equal in | ||
population. On or before
May 31 of the year following each | ||
federal decennial census thereafter, the
board of county | ||
commissioners
shall reapportion the county commission | ||
districts to be compact, contiguous,
and substantially equal | ||
in population.
| ||
(c) The commissioners elected at large at or before
the | ||
general election in 2000 shall continue to serve until the | ||
expiration
of their terms. Of those commissioners, the | ||
commissioner whose term expires in
2002 shall be assigned to | ||
district 1; the commissioner whose term expires in
2004 shall | ||
be assigned to district 2; and the commissioner whose term | ||
expires
in 2006 shall be assigned to district 3.
| ||
(d) If the voters of the county decide to elect 5 | ||
commissioners from single-member single
member districts, at | ||
the general election in 2002, one commissioner from and
| ||
residing in each of districts 1, 4, and 5 shall be elected. At | ||
the general
election in 2004, one commissioner from and | ||
residing in each of districts
1, 2, and 5 shall be elected. At | ||
the general election in
2006, one commissioner from and | ||
residing in each of districts 2, 3, and 4
shall be elected. At
| ||
the general election in 2008, one commissioner from and | ||
residing in each of
districts 1, 3, and
5 shall be elected. At |
the general election in 2010, one commissioner from
each of | ||
districts 2 and 4 shall be elected. At the general election in | ||
2012,
commissioners from and residing in each district shall | ||
be elected.
Thereafter, commissioners
shall be elected at each | ||
general election to fill expired terms.
Each commissioner must | ||
reside in the district that he or she represents from
the time | ||
that he or she files his or her nomination papers until his or | ||
her
term expires.
| ||
In the year following the decennial census of 2010 and | ||
every 10 years
thereafter, the commissioners, publicly by
lot, | ||
shall divide the districts into 2 groups. One group
shall | ||
serve terms of 4 years, 4 years, and 2 years and one group | ||
shall serve
terms of 2
years, 4 years, and 4
years.
| ||
(Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01; | ||
revised 7-15-21.)
| ||
Section 75. The Illinois Municipal Code is amended by | ||
changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as | ||
follows:
| ||
(65 ILCS 5/5-2-2) (from Ch. 24, par. 5-2-2)
| ||
Sec. 5-2-2. Except as otherwise provided in Section 5-2-3, | ||
the number of alderpersons, when not elected by the minority | ||
representation plan, shall be as
follows: In cities not | ||
exceeding 3,000 inhabitants, 6 alderpersons; exceeding
3,000, | ||
but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but |
not
exceeding 20,000, 10 alderpersons; exceeding 20,000 but | ||
not exceeding 30,000,
14 alderpersons; and 2 additional | ||
alderpersons for every 20,000 inhabitants over
30,000. In all | ||
cities of less than 500,000, 20 alderpersons shall be the
| ||
maximum number permitted except as otherwise provided in the | ||
case of alderpersons-at-large. No redistricting shall be | ||
required in order to reduce
the number of alderpersons | ||
heretofore provided for. Two alderpersons shall be
elected to | ||
represent each ward.
| ||
If it appears from any census specified in Section 5-2-5 | ||
and taken not
earlier than 1940 that any city has the requisite | ||
number of inhabitants to
authorize it to increase the number | ||
of alderpersons, the city council shall
immediately proceed to | ||
redistrict the city in accordance with the
provisions of | ||
Section 5-2-5, and it shall hold the next city election in
| ||
accordance with the new redistricting. At this election the | ||
alderpersons whose
terms of office are not expiring shall be | ||
considered alderpersons for the new
wards respectively in | ||
which their residences are situated. At this election a | ||
candidate for alderperson may be elected from any ward that | ||
contains a part of the ward in which he or she resided at least | ||
one year next preceding the election that follows the | ||
redistricting,
and, if elected, that person may be reelected | ||
from the new ward he or she represents if he or she
resides in | ||
that ward for at least one year next preceding reelection. If | ||
there are 2
or more alderpersons with terms of office not |
expiring and residing in the same
ward under the new | ||
redistricting, the alderperson who holds over for that ward
| ||
shall be determined by lot in the presence of the city council, | ||
in whatever
manner the council shall direct and all other | ||
alderpersons shall fill their
unexpired terms as | ||
alderpersons-at-large. The alderpersons-at-large, if any, | ||
shall
have the same power and duties as all other alderpersons | ||
but upon expiration of
their terms the offices of | ||
alderpersons-at-large shall be abolished.
| ||
If the redistricting re-districting results in one or more | ||
wards in which no alderpersons
reside whose terms of office | ||
have not expired, 2 alderpersons shall be elected
in | ||
accordance with the provisions of Section 5-2-8.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
(65 ILCS 5/5-2-18.1) (from Ch. 24, par. 5-2-18.1)
| ||
Sec. 5-2-18.1.
In any city or village which has adopted | ||
this Article and also has
elected to choose alderpersons from | ||
wards or trustees from districts, as the
case may be, a | ||
proposition to elect the city council at large shall be
| ||
submitted to the electors in the manner herein provided.
| ||
Electors of such city or village, equal to not less than | ||
10% of the
total vote cast for all candidates for mayor or | ||
president in the last
preceding municipal election for such | ||
office, may petition for the submission
to a vote of the | ||
electors of that city or village the
proposition whether the |
city council shall be elected at large. The
petition shall be | ||
in the same form as prescribed in Section 5-1-6,
except that | ||
said petition shall be modified as to the wording of the
| ||
proposition to be voted upon to conform to the wording of the
| ||
proposition as hereinafter set forth, and shall
be filed with | ||
the city clerk in accordance with the general election law.
| ||
The clerk shall certify the proposition to the proper election | ||
authorities
who shall submit the proposition at an election in | ||
accordance with the general
election law.
| ||
However,
such proposition shall not be submitted at the
| ||
general primary election for the municipality.
| ||
The proposition shall be in substantially the
following | ||
form:
| ||
-------------------------------------------------------------
| ||
Shall the city (or village) of
| ||
.... elect the city council at YES
| ||
large instead of alderpersons ------------------------
| ||
(or trustees) from wards (or NO
| ||
districts)?
| ||
-------------------------------------------------------------
| ||
If a majority of those voting on the proposition vote | ||
"yes", then the
city council shall be elected at large at the | ||
next general municipal
election and the provisions of Section | ||
5-2-12 shall be applicable. Upon
the election and | ||
qualification of such councilmen council men or trustees, the
| ||
terms of all sitting alderpersons shall expire.
|
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
(65 ILCS 5/11-5.1-2) | ||
Sec. 11-5.1-2. Military equipment surplus program. | ||
(a) For purposes of this Section: | ||
"Bayonet" means large knives designed to be attached to | ||
the
muzzle of a rifle, shotgun, or long gun for the purposes of
| ||
hand-to-hand combat. | ||
"Grenade launcher" means a firearm or firearm accessory
| ||
used to launch fragmentary explosive rounds designed to | ||
inflict death or cause great bodily harm. | ||
"Military equipment surplus program" means any federal or | ||
state program allowing a law enforcement agency to obtain
| ||
surplus military equipment , including, but not limited limit | ||
to, any
program organized under Section 1122 of the National | ||
Defense
Authorization Act for Fiscal Year 1994 (Pub. L. | ||
103-160) or
Section 1033 of the National Defense Authorization | ||
Act for
Fiscal Year 1997 (Pub. L. 104-201) or any program | ||
established
by the United States Department of Defense under | ||
10 U.S.C.
2576a. | ||
"Tracked armored vehicle" means a vehicle that provides
| ||
ballistic protection to its occupants and utilizes a tracked
| ||
system instead of wheels for forward motion not including | ||
vehicles listed in the Authorized Equipment List as published | ||
by the Federal Emergency Management Agency. | ||
"Weaponized aircraft, vessels, or vehicles" means any
|
aircraft, vessel, or vehicle with weapons installed. | ||
(b) A police department shall not request or receive from
| ||
any military equipment surplus program nor purchase or
| ||
otherwise utilize the following equipment: | ||
(1) tracked armored vehicles; | ||
(2) weaponized aircraft, vessels, or vehicles; | ||
(3) firearms of .50-caliber or higher; | ||
(4) ammunition of .50-caliber or higher; | ||
(5) grenade launchers, grenades, or similar | ||
explosives; or | ||
(6) bayonets. | ||
(c) A home rule municipality may not regulate the
| ||
acquisition of equipment in a manner inconsistent with this
| ||
Section. This Section is a limitation under subsection (i) of
| ||
Section 6 of Article VII of the Illinois Constitution on the
| ||
concurrent exercise by home rule municipalities of powers and
| ||
functions exercised by the State. | ||
(d) If a police department requests other property not | ||
prohibited from a military equipment surplus
program, the | ||
police department shall publish notice of the
request on a | ||
publicly accessible website maintained by the
police | ||
department or the municipality within 14 days after the
| ||
request.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 7-30-21.)
|
(65 ILCS 5/11-13-14) (from Ch. 24, par. 11-13-14)
| ||
Sec. 11-13-14.
The regulations imposed and the districts | ||
created under
the authority of this Division 13 may be amended | ||
from time to time by
ordinance after the ordinance | ||
establishing them has gone into effect, but
no such amendments | ||
shall be made without a hearing before some commission
or | ||
committee designated by the corporate authorities. Notice | ||
shall be given
of the time and place of the hearing, not more | ||
than 30 nor less than 15
days before the hearing, by publishing | ||
a notice thereof at least once in
one or more newspapers | ||
published in the municipality, or, if no newspaper
is | ||
published therein, then in one or more newspapers with a | ||
general
circulation within the municipality. In municipalities | ||
with less than 500
population in which no newspaper is | ||
published, publication may be made
instead by posting a notice | ||
in 3 prominent places within the municipality. In
case of a | ||
written protest against any proposed amendment of the | ||
regulations
or districts, signed and acknowledged by the | ||
owners of 20% of the frontage
proposed to be altered, or by the | ||
owners of 20% of the frontage immediately
adjoining or across | ||
an alley therefrom, or by the owners of the 20% of the
frontage | ||
directly opposite the frontage proposed to be altered, is | ||
filed
with the clerk of the municipality, the amendment shall | ||
not be passed
except by a favorable vote of two-thirds of the | ||
alderpersons or trustees of the
municipality then holding | ||
office. In such cases, a copy of the written
protest shall be |
served by the protestor or protestors on the applicant for
the | ||
proposed amendments and a copy upon the applicant's attorney, | ||
if any,
by certified mail at the address of such applicant and | ||
attorney shown in
the application for the proposed amendment. | ||
Any notice required by this Section need not include a metes | ||
and bounds legal description, provided that the notice | ||
includes: (i) the common street address or addresses and (ii) | ||
the property index number ("PIN") or numbers of all the | ||
parcels of real property contained in the affected area.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
| ||
Section 80. The Revised Cities and Villages Act of 1941 is | ||
amended by changing Section 21-25 as follows:
| ||
(65 ILCS 20/21-25) (from Ch. 24, par. 21-25)
| ||
Sec. 21-25. Times for elections. ) General elections for | ||
alderpersons
shall be held in the year or years fixed by law | ||
for holding the same, on
the last Tuesday of February of such | ||
year. Any supplementary election
for alderpersons held under | ||
the provisions of this Article shall be held on
the first | ||
Tuesday of April next following the holding of such general
| ||
election of alderpersons.
| ||
(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
| ||
Section 85. The Metropolitan Pier and Exposition Authority | ||
Act is amended by changing Section 5.6 as follows: |
(70 ILCS 210/5.6) | ||
Sec. 5.6. Marketing agreement. | ||
(a) The Authority shall enter into a marketing agreement | ||
with a not-for-profit organization headquartered in Chicago | ||
and recognized by the Department of Commerce and Economic | ||
Opportunity as a certified local tourism and convention bureau | ||
entitled to receive State tourism grant funds, provided the | ||
bylaws of the organization establish a board of the | ||
organization that is comprised of 35 members serving 3-year | ||
staggered terms, including the following: | ||
(1) no less than 8 members appointed by the Mayor of | ||
Chicago, to include: | ||
(A) a Chair of the board of the organization | ||
appointed by the Mayor of the City of Chicago from | ||
among the business and civic leaders of Chicago who | ||
are not engaged in the hospitality business or who | ||
have not served as a member of the Board or as chief | ||
executive officer of the Authority; and | ||
(B) 7 members from among the cultural, economic | ||
development, or civic leaders of Chicago; | ||
(2) the chairperson of the interim board or Board of | ||
the Authority, or his or her designee; | ||
(3) a representative from the department in the City | ||
of Chicago that is responsible for the operation of | ||
Chicago-area airports; |
(4) a representative from the department in the City | ||
of Chicago that is responsible for the regulation of | ||
Chicago-area livery vehicles; | ||
(5) at least 1, but no more than: | ||
(A) 2 members from the hotel industry; | ||
(B) 2 members representing Chicago arts and | ||
cultural institutions or projects; | ||
(C) 2 members from the restaurant industry; | ||
(D) 2 members employed by or representing an | ||
entity responsible for a trade show; | ||
(E) 2 members representing unions; | ||
(F) 2 members from the attractions industry; and | ||
(6) 7 members appointed by the Governor, including the | ||
Director of the Illinois Department of Commerce and | ||
Economic Opportunity, ex officio, as well as 3 members | ||
from the hotel industry and 3 members representing Chicago | ||
arts and cultural institutions or projects. | ||
The bylaws of the organization may provide for the | ||
appointment of a City of Chicago alderperson as an ex officio | ||
member, and may provide for other ex officio members who shall | ||
serve terms of one year. | ||
Persons with a real or apparent conflict of interest shall | ||
not be appointed to the board. Members of the board of the | ||
organization shall not serve more than 2 terms. The bylaws | ||
shall require the following: (i) that the Chair of the | ||
organization name no less than 5 and no more than 9 members to |
the Executive Committee of the organization, one of whom must | ||
be the chairperson of the interim board or Board of the | ||
Authority, and (ii) a provision concerning conflict of | ||
interest and a requirement that a member abstain from | ||
participating in board action if there is a threat to the | ||
independence of judgment created by any conflict of interest | ||
or if participation is likely to have a negative effect on | ||
public confidence in the integrity of the board. | ||
(b) The Authority shall notify the Department of Revenue | ||
within 10 days after entering into a contract pursuant to this | ||
Section.
| ||
(Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21; | ||
revised 7-17-21.) | ||
Section 90. The School Code is amended by changing Section | ||
1-3 as follows:
| ||
(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
| ||
Sec. 1-3. Definitions. In this Code:
| ||
The terms "common schools", "free schools" and "public | ||
schools" are used
interchangeably to apply to any school | ||
operated by authority of this Act.
| ||
"School board" means the governing body of any district | ||
created or
operating under authority of this Code Act , | ||
including board of school directors
and board of education. | ||
When the context so indicates it also means the
governing body |
of any non-high school district and of any special charter
| ||
district, including a board of school inspectors.
| ||
"Special charter district" means any city, township , or | ||
district
organized into a school district, under a special Act | ||
or charter of the
General Assembly or in which schools are now | ||
managed and operating within
such unit in whole or in part | ||
under the terms of such special Act or
charter.
| ||
(Source: Laws 1961, p. 31; revised 7-16-21.)
| ||
Section 95. The Student-Athlete Endorsement Rights Act is | ||
amended by changing Section 20 as follows: | ||
(110 ILCS 190/20)
| ||
Sec. 20. Agents; publicity rights; third party licensees. | ||
(a) An agent, legal representative, or other professional | ||
service provider offering services to a student-athlete shall, | ||
to the extent required, comply with the federal Sports Agent | ||
Responsibility and Trust Act and any other applicable laws, | ||
rules, or regulations. | ||
(b) A grant-in-aid, including cost of attendance, and | ||
other permissible financial aid, awards, or benefits from the | ||
postsecondary educational institution in which a | ||
student-athlete is enrolled shall not be revoked, reduced, nor | ||
the terms and conditions altered, as a result of a | ||
student-athlete earning compensation or obtaining professional | ||
or legal representation pursuant to this Act. |
(c) A student-athlete shall disclose to the postsecondary | ||
educational institution in which the student is enrolled, in a | ||
manner and time prescribed by the institution, the existence | ||
and substance of all publicity rights agreements. Publicity | ||
rights agreements that contemplate cash or other compensation | ||
to the student-athlete that is equal to or in excess of a value | ||
of $500 shall be formalized in a written contract, and the | ||
contract shall be provided to the postsecondary educational | ||
institution in which the student is enrolled prior to the | ||
execution of the agreement and before any compensation is | ||
provided to the student-athlete. | ||
(d) A student-athlete may not enter into a publicity | ||
rights agreement or otherwise receive compensation for that | ||
student-athlete's name, image, likeness, or voice for services | ||
rendered or performed while that student-athlete is | ||
participating in activities sanctioned by that | ||
student-athlete's postsecondary educational institution if | ||
such services or performance by the student-athlete would | ||
conflict with a provision in a contract, rule, regulation, | ||
standard, or other requirement of the postsecondary | ||
educational institution. | ||
(e) No booster, third party licensee, or any other | ||
individual or entity, shall provide or directly or indirectly | ||
arrange for a third party to provide compensation to a | ||
prospective or current student-athlete or enter into, or | ||
directly or indirectly arrange for a third party to enter |
into, a publicity rights agreement as an inducement for the | ||
student-athlete to attend or enroll in a specific institution | ||
or group of institutions. Compensation for a student-athlete's | ||
name, image, likeness, or voice shall not be conditioned on | ||
athletic performance or attendance at a particular | ||
postsecondary educational institution. | ||
(f) A postsecondary educational institution may fund an | ||
independent, third-party administrator to support education, | ||
monitoring, disclosures, and reporting concerning name, image, | ||
likeness, or voice activities by student-athletes authorized | ||
pursuant to this Act. A third-party administrator cannot be a | ||
registered athlete agent. | ||
(g) No postsecondary educational institution shall provide | ||
or directly or indirectly arrange for a third party | ||
third-party to provide compensation to a prospective or | ||
current student-athlete or enter into, or directly or | ||
indirectly arrange for a third party to enter into, a | ||
publicity rights agreement with a prospective or current | ||
student-athlete. | ||
(h) No student-athlete shall enter into a publicity rights | ||
agreement or receive compensation from a third party licensee | ||
relating to the name, image, likeness, or voice of the | ||
student-athlete before the date on which the student-athlete | ||
enrolls at a postsecondary educational institution. | ||
(i) No student-athlete shall enter into a publicity rights | ||
agreement or receive compensation from a third party licensee |
for the endorsement or promotion of gambling, sports betting, | ||
controlled substances, cannabis, a tobacco or alcohol company, | ||
brand, or products, alternative or electronic nicotine product | ||
or delivery system, performance-enhancing supplements, adult | ||
entertainment, or any other product or service that is | ||
reasonably considered to be inconsistent with the values or | ||
mission of a postsecondary educational institution or that | ||
negatively impacts or reflects adversely on a postsecondary | ||
educational institution or its athletic programs, including, | ||
but not limited to, bringing about public disrepute, | ||
embarrassment, scandal, ridicule, or otherwise negatively | ||
impacting the reputation or the moral or ethical standards of | ||
the postsecondary educational institution.
| ||
(Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.) | ||
Section 100. The Illinois Educational Labor Relations Act | ||
is amended by changing Section 11.1 as follows: | ||
(115 ILCS 5/11.1) | ||
Sec. 11.1. Dues collection. | ||
(a) Employers shall make payroll deductions of employee | ||
organization dues, initiation fees, assessments, and other | ||
payments for an employee organization that is the exclusive | ||
representative. Such deductions shall be made in accordance | ||
with the terms of an employee's written authorization and | ||
shall be paid to the exclusive representative. Written |
authorization may be evidenced by electronic communications, | ||
and such writing or communication may be evidenced by the | ||
electronic signature of the employee as provided under the | ||
Uniform Electronic Transactions Act. | ||
There is no impediment to an employee's right to resign | ||
union membership at any time. However, notwithstanding any | ||
other provision of law to the contrary regarding authorization | ||
and deduction of dues or other payments to a labor | ||
organization, the exclusive representative and an educational | ||
employee may agree to reasonable limits on the right of the | ||
employee to revoke such authorization, including a period of | ||
irrevocability that exceeds one year. An authorization that is | ||
irrevocable for one year, which may be automatically renewed | ||
for successive annual periods in accordance with the terms of | ||
the authorization, and that contains at least an annual 10-day | ||
period of time during which the educational employee may | ||
revoke the authorization, shall be deemed reasonable. This | ||
Section shall apply to all claims that allege that an | ||
educational employer or employee organization has improperly | ||
deducted or collected dues from an employee without regard to | ||
whether the claims or the facts upon which they are based | ||
occurred before, on, or after December 20, 2019 ( the effective | ||
date of Public Act 101-620) this amendatory Act of the 101st | ||
General Assembly and shall apply retroactively to the maximum | ||
extent permitted by law. | ||
(b) Upon receiving written notice of the authorization, |
the educational employer must commence dues deductions as soon | ||
as practicable, but in no case later than 30 days after | ||
receiving notice from the employee organization. Employee | ||
deductions shall be transmitted to the employee organization | ||
no later than 10 days after they are deducted unless a shorter | ||
period is mutually agreed to. | ||
(c) Deductions shall remain in effect until: | ||
(1) the educational employer receives notice that an | ||
educational employee has revoked his or her authorization | ||
in writing in accordance with the terms of the | ||
authorization; or | ||
(2) the individual educational employee is no longer | ||
employed by the educational employer in a bargaining unit | ||
position represented by the same exclusive representative; | ||
provided that if such employee is, within a period of one | ||
year, employed by the same educational employer in a | ||
position represented by the same employee organization, | ||
the right to dues deduction shall be automatically | ||
reinstated. | ||
Nothing in this subsection prevents an employee from | ||
continuing to authorize payroll deductions when no longer | ||
represented by the exclusive representative that would receive | ||
those deductions. | ||
Should the individual educational employee who has signed | ||
a dues deduction authorization card either be removed from an | ||
educational employer's payroll or otherwise placed on any type |
of involuntary or voluntary leave of absence, whether paid or | ||
unpaid, the employee's dues deduction shall be continued upon | ||
that employee's return to the payroll in a bargaining unit | ||
position represented by the same exclusive representative or | ||
restoration to active duty from such a leave of absence. | ||
(d) Unless otherwise mutually agreed by the educational | ||
employer and the exclusive representative, employee requests | ||
to authorize, revoke, cancel, or change authorizations for | ||
payroll deductions for employee organizations shall be | ||
directed to the employee organization rather than to the | ||
educational employer. The employee organization shall be | ||
responsible for initially processing and notifying the | ||
educational employer of proper requests or providing proper | ||
requests to the employer. If the requests are not provided to | ||
the educational employer, the employer shall rely on | ||
information provided by the employee organization regarding | ||
whether deductions for an employee organization were properly | ||
authorized, revoked, canceled, or changed, and the employee | ||
organization shall indemnify the educational employer for any | ||
damages and reasonable costs incurred for any claims made by | ||
educational employees for deductions made in good faith | ||
reliance on that information. | ||
(e) Upon receipt by the exclusive representative of an | ||
appropriate written authorization from an individual | ||
educational employee, written notice of authorization shall be | ||
provided to the educational employer and any authorized |
deductions shall be made in accordance with law. The employee | ||
organization shall indemnify the educational employer for any | ||
damages and reasonable costs incurred for any claims made by | ||
an educational employee for deductions made in good faith | ||
reliance on its notification. | ||
(f) The failure of an educational employer to comply with | ||
the provisions of this Section shall be a violation of the duty | ||
to bargain and an unfair labor practice. Relief for the | ||
violation shall be reimbursement by the educational employer | ||
of dues that should have been deducted or paid based on a valid | ||
authorization given by the educational employee or employees. | ||
In addition, the provisions of a collective bargaining | ||
agreement that contain the obligations set forth in this | ||
Section may be enforced in accordance with Section 10. | ||
(g) The Illinois Educational Labor Relations Board shall | ||
have exclusive jurisdiction over claims under Illinois law | ||
that allege an educational employer or employee organization | ||
has unlawfully deducted or collected dues from an educational | ||
employee in violation of this Act. The Board shall by rule | ||
require that in cases in which an educational employee alleges | ||
that an employee organization has unlawfully collected dues, | ||
the educational employer shall continue to deduct the | ||
employee's dues from the employee's pay, but shall transmit | ||
the dues to the Board for deposit in an escrow account | ||
maintained by the Board. If the exclusive representative | ||
maintains an escrow account for the purpose of holding dues to |
which an employee has objected, the employer shall transmit | ||
the entire amount of dues to the exclusive representative, and | ||
the exclusive representative shall hold in escrow the dues | ||
that the employer would otherwise have been required to | ||
transmit to the Board for escrow; provided that the escrow | ||
account maintained by the exclusive representative complies | ||
with rules adopted by the Board or that the collective | ||
bargaining agreement requiring the payment of the dues | ||
contains an indemnification provision for the purpose of | ||
indemnifying the employer with respect to the employer's | ||
transmission of dues to the exclusive representative. | ||
(h) If a collective bargaining agreement that includes a | ||
dues deduction clause expires or continues in effect beyond | ||
its scheduled expiration date pending the negotiation of a | ||
successor agreement, then the employer shall continue to honor | ||
and abide by the dues deduction clause until a new agreement | ||
that includes a dues deduction clause is reached. Failure to | ||
honor and abide by the dues deduction clause for the benefit of | ||
any exclusive representative as set forth in this subsection | ||
(h) shall be a violation of the duty to bargain and an unfair | ||
labor practice. For the benefit of any successor exclusive | ||
representative certified under this Act, this provision shall | ||
be applicable, provided the successor exclusive representative | ||
presents the employer with employee written authorizations or | ||
certifications from the exclusive representative for the | ||
deduction of dues, assessments, and fees under this subsection |
(h). | ||
(i)(1) If any clause, sentence, paragraph, or subdivision | ||
of this Section shall be adjudged by a court of competent | ||
jurisdiction to be unconstitutional or otherwise invalid, that | ||
judgment shall not affect, impair, or invalidate the remainder | ||
thereof, but shall be confined in its operation to the clause, | ||
sentence, paragraph, or subdivision of this Section directly | ||
involved in the controversy in which such judgment shall have | ||
been rendered. | ||
(2) If any clause, sentence, paragraph, or part of a | ||
signed authorization for payroll deductions shall be adjudged | ||
by a court of competent jurisdiction to be unconstitutional or | ||
otherwise invalid, that judgment shall not affect, impair, or | ||
invalidate the remainder of the signed authorization, but | ||
shall be confined in its operation to the clause, sentence, | ||
paragraph, or part of the signed authorization directly | ||
involved in the controversy in which such judgment shall have | ||
been rendered.
| ||
(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21; | ||
revised 8-3-21.) | ||
Section 105. The Savings Bank Act is amended by changing | ||
Section 6001 as follows:
| ||
(205 ILCS 205/6001) (from Ch. 17, par. 7306-1)
| ||
Sec. 6001. General provisions.
|
(a) No savings bank shall make any loan or investment
| ||
authorized by this Article unless the savings bank first has
| ||
determined that the type, amount, purpose, and repayment | ||
provisions
of the loan or investment in relation to the | ||
borrower's or issuer's
resources and credit standing support | ||
the reasonable belief that
the loan or investment will be | ||
financially sound and will be repaid
according to its terms | ||
and that the loan or investment is not
otherwise unlawful.
| ||
(b) Each loan or investment that a savings bank makes or
| ||
purchases, whether wholly or in part, must be adequately
| ||
underwritten, reviewed periodically, and reserved against as
| ||
necessary in accordance with its payment performance, all in
| ||
accordance with the regulations and directives of the | ||
Commissioner.
| ||
(c) Every appraisal or reappraisal of property that a
| ||
savings bank is required to make shall be made as follows:
| ||
(1) By an independent qualified appraiser, designated | ||
by
the board of directors, who is properly licensed or | ||
certified by
the
entity authorized to govern his licensure | ||
or certification and who
meets
the requirements of the | ||
Appraisal Subcommittee and of the Federal Act.
| ||
(2) In the case of an insured or guaranteed loan, by
| ||
any appraiser appointed by any lending, insuring, or | ||
guaranteeing
agency of the United States or the State of | ||
Illinois that insures
or guarantees the loan, wholly or in | ||
part.
|
(3) Each appraisal shall be in writing prepared at the
| ||
request of the lender for the lender's use; disclose the | ||
market
value of the security offered; contain sufficient | ||
information and
data concerning the appraised property to | ||
substantiate the market
value thereof; be certified and | ||
signed by the appraiser or
appraisers; and state that the | ||
appraiser or appraisers have
personally examined the | ||
described property. The appraisal shall
be filed and | ||
preserved by the savings bank.
In addition, the appraisal | ||
shall be prepared and reported in accordance
with the | ||
Standards of Professional Practice and the ethical rules | ||
of the
Appraisal Foundation as adopted and promulgated by | ||
the Appraisal Subcommittee.
| ||
(d) If appraisals of real estate securing a savings bank's
| ||
loans are obtained as part of an examination by the | ||
Commissioner,
the cost of those appraisals shall promptly be | ||
paid by the savings
bank directly to the appraiser or | ||
appraisers.
| ||
(e) Any violation of this Article shall
constitute an | ||
unsafe or unsound practice. Any person who knowingly
violates | ||
any provision of this Article shall be subject to
enforcement | ||
action or civil money penalties as provided for in this
Act.
| ||
(f) For purposes of this Article, "underwriting" shall | ||
mean the process
of compiling information to support a | ||
determination as to whether an
investment or extension of | ||
credit shall be made by a savings bank. It
shall include, but |
not be limited to, evaluating a borrower's
creditworthiness, | ||
determination of the value of the underlying collateral,
| ||
market factors, and the appropriateness of the investment or | ||
loan for the
savings bank. Underwriting as used herein does | ||
not include the agreement to
purchase unsold portions of | ||
public offerings of stocks or bonds as commonly
used in | ||
corporate securities issuances and sales.
| ||
(g) For purposes of this Section, the following | ||
definitions shall apply:
| ||
(1) "Federal Act" means Title XI of the Financial | ||
Institutions Reform,
Recovery , and Enforcement Act of 1989 | ||
and regulations adopted pursuant thereto.
| ||
(2) "Appraisal Subcommittee" means the designee of the | ||
heads of the
Federal Financial Institutions Examination | ||
Council Act of 1978 (12 U.S.C. 3301
et seq.).
| ||
(3) "Appraisal Foundation" means the Appraisal | ||
Foundation that was
incorporated as an Illinois | ||
not-for-profit corporation on November 30, 1987.
| ||
(Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)
| ||
Section 110. The Illinois Credit Union Act is amended by | ||
changing Section 20 as follows:
| ||
(205 ILCS 305/20) (from Ch. 17, par. 4421)
| ||
Sec. 20. Election or appointment of officials.
| ||
(1) The credit union shall
be directed by a board of |
directors consisting of no less than 7 in number,
to be elected | ||
at the annual meeting by and from the members. Directors shall
| ||
hold office until the next annual meeting, unless their
terms | ||
are staggered. Upon amendment of its bylaws, a credit union | ||
may divide
the directors into 2 or 3 classes with each class as | ||
nearly equal in number as
possible. The term of office of the | ||
directors of the first class shall expire
at the first annual | ||
meeting after their election, that of the second class
shall
| ||
expire at the second annual meeting after their election, and | ||
that of the third
class, if any, shall expire at the third | ||
annual meeting after their election.
At each annual meeting | ||
after the classification, the number of directors equal
to the | ||
number of directors whose terms expire at the time of the | ||
meeting shall
be elected to hold office until the second | ||
succeeding annual meeting if there
are 2 classes or until the | ||
third succeeding annual meeting if there are 3
classes. A | ||
director shall hold office for the term for which he
or she is | ||
elected and until his or her
successor
is elected and | ||
qualified. | ||
(1.5) Except as provided in subsection (1.10), in all | ||
elections for directors, every member
has the right to vote, | ||
in person, by proxy, or by secure electronic record if | ||
approved by the board of directors, the number of shares owned
| ||
by him, or in the case of a member other than a natural person, | ||
the member's
one vote, for as many persons as there are | ||
directors to be elected, or to
cumulate such shares, and give |
one candidate as many votes as the number
of directors | ||
multiplied by the number of his shares equals, or to | ||
distribute
them on
the same principle among as many candidates | ||
as he may desire and the directors
shall not be elected in any | ||
other manner. Shares held in a joint account
owned by more than | ||
one member may be voted by any one of the members, however,
the | ||
number of cumulative votes cast may not exceed a total equal to | ||
the number
of shares multiplied by the number of directors to | ||
be elected. A majority of
the shares entitled
to vote shall be | ||
represented either in person or by proxy for the election
of | ||
directors. Each director shall wholly take and subscribe to an | ||
oath
that he will diligently and honestly perform his duties | ||
in administering
the affairs of the credit union, that while | ||
he may delegate to another the
performance of those | ||
administrative duties he is not thereby relieved from
his | ||
responsibility for their performance, that he will not | ||
knowingly violate
or permit to be violated any law applicable | ||
to the credit union,
and that he is the owner of at least one | ||
share of the credit union.
| ||
(1.10) Upon amendment of a credit union's bylaws approved | ||
by the members, in all elections for directors, every member | ||
who is a natural person shall have the right to cast one vote, | ||
regardless of the number of his or her shares, in person, by | ||
proxy, or by secure electronic record if approved by the board | ||
of directors, for as many persons as there are directors to be | ||
elected.
|
(1.15) If the board of directors has adopted a policy | ||
addressing age eligibility standards on voting, holding | ||
office, or petitioning the board, then a credit union may | ||
require (i) that members be at least 18 years of age by the | ||
date of the meeting in order to vote at meetings of the | ||
members, sign nominating petitions, or sign petitions | ||
requesting special meetings, and (ii) that members be at least | ||
18 years of age by the date of election or appointment in order | ||
to hold elective or appointive office. | ||
(2) The board of directors shall appoint from among the | ||
members of the
credit union, a supervisory committee of not | ||
less than 3 members at the
organization meeting and within 30 | ||
days following each annual meeting of
the members for such | ||
terms as the bylaws provide. Members of the supervisory | ||
committee may, but need not be, on the board of directors, but | ||
shall not
be officers of the credit union, members of the | ||
credit committee,
or the
credit manager if no credit committee | ||
has been appointed.
| ||
(3) The board of directors may appoint, from among the
| ||
members of the
credit union, a credit committee consisting of | ||
an odd number, not less than
3 for such terms as the bylaws | ||
provide. Members of the credit committee
may, but need not be, | ||
directors or officers of the credit union, but shall
not be | ||
members of the supervisory committee.
| ||
(4) The board of directors may appoint from among the | ||
members
of the
credit union a membership committee of one or |
more persons. If appointed,
the committee shall act
upon all | ||
applications for membership and submit a report of its actions
| ||
to the board of directors at the next regular meeting for
| ||
review.
If no membership committee is appointed, credit union | ||
management shall act
upon all applications for membership and | ||
submit a report of its actions to the board of directors
at the | ||
next regular meeting for review.
| ||
(5) As used in this Section, "electronic" and "electronic | ||
record" have the meanings ascribed to those terms in the | ||
Uniform Electronic Transactions Act. As used in this Section, | ||
"secured electronic record" means an electronic record that | ||
meets the criteria set forth in the Uniform Electronic | ||
Transactions Act. | ||
(Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)
| ||
Section 115. The Illinois Community Reinvestment Act is | ||
amended by changing Section 35-1 as follows: | ||
(205 ILCS 735/35-1)
| ||
Sec. 35-1. Short title. This Article Act may be cited as | ||
the Illinois Community Reinvestment Act. References in this | ||
Article to "this Act" mean this Article.
| ||
(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.) | ||
Section 120. The Specialized Mental Health Rehabilitation | ||
Act of 2013 is amended by changing Section 5-112 as follows: |
(210 ILCS 49/5-112) | ||
Sec. 5-112. Bed reduction payments. The Department of | ||
Healthcare and Family Services shall make payments to | ||
facilities licensed under this Act for the purpose of reducing | ||
bed capacity and room occupancy. Facilities desiring to | ||
participate in these payments shall submit a proposal to the | ||
Department for review. In the proposal the facility shall | ||
detail the number of beds that are seeking to eliminate and the | ||
price they are requesting to eliminate those beds. The | ||
facility shall also detail in their proposal if the affected | ||
effected beds would reduce room occupancy from 3 or 4 beds to | ||
double occupancy or if is the bed elimination would create | ||
single occupancy. Priority will be given to proposals that | ||
eliminate the use of three-person or four-person occupancy | ||
rooms. Proposals shall be collected by the Department within a | ||
specific time period and the Department will negotiate all | ||
payments before making final awards to ensure that the funding | ||
appropriated is sufficient to fund the awards. Payments shall | ||
not be less than $25,000 per bed and proposals to eliminate | ||
beds that lead to single occupancy rooms shall receive an | ||
additional $10,000 per bed over and above any other negotiated | ||
bed elimination payment. Before a facility can receive payment | ||
under this Section, the facility must receive approval from | ||
the Department of Public Health for the permanent removal of | ||
the beds for which they are receiving payment. Payment for the |
elimination of the beds shall be made within 15 days of the | ||
facility notifying the Department of Public Health about the | ||
bed license elimination. Under no circumstances shall a | ||
facility be allowed to increase the capacity of a facility | ||
once payment has been received for the elimination of beds.
| ||
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.) | ||
Section 125. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Sections 3.116, 3.117, and 3.117.5 | ||
as follows: | ||
(210 ILCS 50/3.116) | ||
Sec. 3.116. Hospital Stroke Care; definitions. As used in | ||
Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this | ||
Act: | ||
"Acute Stroke-Ready Hospital" means a hospital that has | ||
been designated by the Department as meeting the criteria for | ||
providing emergent stroke care. Designation may be provided | ||
after a hospital has been certified or through application and | ||
designation as such. | ||
"Certification" or "certified" means certification, using | ||
evidence-based standards, from a nationally recognized | ||
nationally-recognized certifying body approved by the | ||
Department. | ||
"Comprehensive Stroke Center" means a hospital that has | ||
been certified and has been designated as such. |
"Designation" or "designated" means the Department's | ||
recognition of a hospital as a Comprehensive Stroke Center, | ||
Primary Stroke Center, or Acute Stroke-Ready Hospital. | ||
"Emergent stroke care" is emergency medical care that | ||
includes diagnosis and emergency medical treatment of acute | ||
stroke patients. | ||
"Emergent Stroke Ready Hospital" means a hospital that has | ||
been designated by the Department as meeting the criteria for | ||
providing emergent stroke care. | ||
"Primary Stroke Center" means a hospital that has been | ||
certified by a Department-approved, nationally recognized | ||
nationally-recognized certifying body and designated as such | ||
by the Department. | ||
"Regional Stroke Advisory Subcommittee" means a | ||
subcommittee formed within each Regional EMS Advisory | ||
Committee to advise the Director and the Region's EMS Medical | ||
Directors Committee on the triage, treatment, and transport of | ||
possible acute stroke patients and to select the Region's | ||
representative to the State Stroke Advisory Subcommittee. At | ||
minimum, the Regional Stroke Advisory Subcommittee shall | ||
consist of: one representative from the EMS Medical Directors | ||
Committee; one EMS coordinator from a Resource Hospital; one | ||
administrative representative or his or her designee from each | ||
level of stroke care, including Comprehensive Stroke Centers | ||
within the Region, if any, Primary Stroke Centers within the | ||
Region, if any, and Acute Stroke-Ready Hospitals within the |
Region, if any; one physician from each level of stroke care, | ||
including one physician who is a neurologist or who provides | ||
advanced stroke care at a Comprehensive Stroke Center in the | ||
Region, if any, one physician who is a neurologist or who | ||
provides acute stroke care at a Primary Stroke Center in the | ||
Region, if any, and one physician who provides acute stroke | ||
care at an Acute Stroke-Ready Hospital in the Region, if any; | ||
one nurse practicing in each level of stroke care, including | ||
one nurse from a Comprehensive Stroke Center in the Region, if | ||
any, one nurse from a Primary Stroke Center in the Region, if | ||
any, and one nurse from an Acute Stroke-Ready Hospital in the | ||
Region, if any; one representative from both a public and a | ||
private vehicle service provider that transports possible | ||
acute stroke patients within the Region; the State-designated | ||
regional EMS Coordinator; and a fire chief or his or her | ||
designee from the EMS Region, if the Region serves a | ||
population of more than 2,000,000. The Regional Stroke | ||
Advisory Subcommittee shall establish bylaws to ensure equal | ||
membership that rotates and clearly delineates committee | ||
responsibilities and structure. Of the members first | ||
appointed, one-third shall be appointed for a term of one | ||
year, one-third shall be appointed for a term of 2 years, and | ||
the remaining members shall be appointed for a term of 3 years. | ||
The terms of subsequent appointees shall be 3 years. | ||
"State Stroke Advisory Subcommittee" means a standing | ||
advisory body within the State Emergency Medical Services |
Advisory Council.
| ||
(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.) | ||
(210 ILCS 50/3.117) | ||
Sec. 3.117. Hospital designations. | ||
(a) The Department shall attempt to designate Primary | ||
Stroke Centers in all areas of the State. | ||
(1) The Department shall designate as many certified
| ||
Primary Stroke Centers as apply for that designation | ||
provided they are certified by a nationally recognized | ||
nationally-recognized certifying body, approved by the | ||
Department, and certification criteria are consistent with | ||
the most current nationally recognized | ||
nationally-recognized , evidence-based stroke guidelines | ||
related to reducing the occurrence, disabilities, and | ||
death associated with stroke. | ||
(2) A hospital certified as a Primary Stroke Center by | ||
a nationally recognized nationally-recognized certifying | ||
body approved by the Department, shall send a copy of the | ||
Certificate and annual fee to the Department and shall be | ||
deemed, within 30 business days of its receipt by the | ||
Department, to be a State-designated Primary Stroke | ||
Center. | ||
(3) A center designated as a Primary Stroke Center | ||
shall pay an annual fee as determined by the Department | ||
that shall be no less than $100 and no greater than $500. |
All fees shall be deposited into the Stroke Data | ||
Collection Fund. | ||
(3.5) With respect to a hospital that is a designated | ||
Primary Stroke Center, the Department shall have the | ||
authority and responsibility to do the following: | ||
(A) Suspend or revoke a hospital's Primary Stroke | ||
Center designation upon receiving notice that the | ||
hospital's Primary Stroke Center certification has | ||
lapsed or has been revoked by the State recognized | ||
certifying body. | ||
(B) Suspend a hospital's Primary Stroke Center | ||
designation, in extreme circumstances where patients | ||
may be at risk for immediate harm or death, until such | ||
time as the certifying body investigates and makes a | ||
final determination regarding certification. | ||
(C) Restore any previously suspended or revoked | ||
Department designation upon notice to the Department | ||
that the certifying body has confirmed or restored the | ||
Primary Stroke Center certification of that previously | ||
designated hospital. | ||
(D) Suspend a hospital's Primary Stroke Center | ||
designation at the request of a hospital seeking to | ||
suspend its own Department designation. | ||
(4) Primary Stroke Center designation shall remain | ||
valid at all times while the hospital maintains its | ||
certification as a Primary Stroke Center, in good |
standing, with the certifying body. The duration of a | ||
Primary Stroke Center designation shall coincide with the | ||
duration of its Primary Stroke Center certification. Each | ||
designated Primary Stroke Center shall have its | ||
designation automatically renewed upon the Department's | ||
receipt of a copy of the accrediting body's certification | ||
renewal. | ||
(5) A hospital that no longer meets nationally | ||
recognized nationally-recognized , evidence-based | ||
standards for Primary Stroke Centers, or loses its Primary | ||
Stroke Center certification, shall notify the Department | ||
and the Regional EMS Advisory Committee within 5 business | ||
days. | ||
(a-5) The Department shall attempt to designate | ||
Comprehensive Stroke Centers in all areas of the State. | ||
(1) The Department shall designate as many certified | ||
Comprehensive Stroke Centers as apply for that | ||
designation, provided that the Comprehensive Stroke | ||
Centers are certified by a nationally recognized | ||
nationally-recognized certifying body approved by the | ||
Department, and provided that the certifying body's | ||
certification criteria are consistent with the most | ||
current nationally recognized nationally-recognized and | ||
evidence-based stroke guidelines for reducing the | ||
occurrence of stroke and the disabilities and death | ||
associated with stroke. |
(2) A hospital certified as a Comprehensive Stroke | ||
Center shall send a copy of the Certificate and annual
fee | ||
to the Department and shall be deemed, within 30
business | ||
days of its receipt by the Department, to be a
| ||
State-designated Comprehensive Stroke Center. | ||
(3) A hospital designated as a Comprehensive Stroke | ||
Center shall pay an annual fee as determined by the | ||
Department that shall be no less than $100 and no greater | ||
than $500. All fees shall be deposited into the Stroke | ||
Data Collection Fund. | ||
(4) With respect to a hospital that is a designated | ||
Comprehensive Stroke Center, the Department shall have the | ||
authority and responsibility to do the following: | ||
(A) Suspend or revoke the hospital's Comprehensive | ||
Stroke Center designation upon receiving notice that | ||
the hospital's Comprehensive Stroke Center | ||
certification has lapsed or has been revoked by the | ||
State recognized certifying body. | ||
(B) Suspend the hospital's Comprehensive Stroke | ||
Center designation, in extreme circumstances in which | ||
patients may be at risk
for immediate harm or death, | ||
until such time as the certifying body investigates | ||
and makes a final determination regarding | ||
certification. | ||
(C) Restore any previously suspended or revoked | ||
Department designation upon notice to the Department |
that the certifying body has confirmed or restored the | ||
Comprehensive Stroke Center certification of that | ||
previously designated hospital. | ||
(D) Suspend the hospital's Comprehensive Stroke | ||
Center designation at the request of a hospital | ||
seeking to suspend its own Department designation. | ||
(5) Comprehensive Stroke Center designation shall | ||
remain valid at all times while the hospital maintains its | ||
certification as a Comprehensive Stroke Center, in good | ||
standing, with the certifying body. The duration of a | ||
Comprehensive Stroke Center designation shall coincide | ||
with the duration of its Comprehensive Stroke Center | ||
certification. Each designated Comprehensive Stroke Center | ||
shall have its designation automatically renewed upon the | ||
Department's receipt of a copy of the certifying body's | ||
certification renewal. | ||
(6) A hospital that no longer meets nationally | ||
recognized nationally-recognized , evidence-based | ||
standards for Comprehensive Stroke Centers, or loses its | ||
Comprehensive Stroke Center certification, shall notify | ||
the Department and the Regional EMS Advisory Committee | ||
within 5 business days. | ||
(b) Beginning on the first day of the month that begins 12 | ||
months after the adoption of rules authorized by this | ||
subsection, the Department shall attempt to designate | ||
hospitals as Acute Stroke-Ready Hospitals in all areas of the |
State. Designation may be approved by the Department after a | ||
hospital has been certified as an Acute Stroke-Ready Hospital | ||
or through application and designation by the Department. For | ||
any hospital that is designated as an Emergent Stroke Ready | ||
Hospital at the time that the Department begins the | ||
designation of Acute Stroke-Ready Hospitals, the Emergent | ||
Stroke Ready designation shall remain intact for the duration | ||
of the 12-month period until that designation expires. Until | ||
the Department begins the designation of hospitals as Acute | ||
Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke | ||
Ready Hospital designation utilizing the processes and | ||
criteria provided in Public Act 96-514. | ||
(1) (Blank). | ||
(2) Hospitals may apply for, and receive, Acute | ||
Stroke-Ready Hospital designation from the Department, | ||
provided that the hospital attests, on a form developed by | ||
the Department in consultation with the State Stroke | ||
Advisory Subcommittee, that it meets, and will continue to | ||
meet, the criteria for Acute Stroke-Ready Hospital | ||
designation and pays an annual fee. | ||
A hospital designated as an Acute Stroke-Ready | ||
Hospital shall pay an annual fee as determined by the | ||
Department that shall be no less than $100 and no greater | ||
than $500. All fees shall be deposited into the Stroke | ||
Data Collection Fund. | ||
(2.5) A hospital may apply for, and receive, Acute |
Stroke-Ready Hospital designation from the Department, | ||
provided that the hospital provides proof of current Acute | ||
Stroke-Ready Hospital certification and the hospital pays | ||
an annual fee. | ||
(A) Acute Stroke-Ready Hospital designation shall | ||
remain valid at all times while the hospital maintains | ||
its certification as an Acute Stroke-Ready Hospital, | ||
in good standing, with the certifying body. | ||
(B) The duration of an Acute Stroke-Ready Hospital | ||
designation shall coincide with the duration of its | ||
Acute Stroke-Ready Hospital certification. | ||
(C) Each designated Acute Stroke-Ready Hospital | ||
shall have its designation automatically renewed upon | ||
the Department's receipt of a copy of the certifying | ||
body's certification renewal and Application for | ||
Stroke Center Designation form. | ||
(D) A hospital must submit a copy of its | ||
certification renewal from the certifying body as soon | ||
as practical but no later than 30 business days after | ||
that certification is received by the hospital. Upon | ||
the Department's receipt of the renewal certification, | ||
the Department shall renew the hospital's Acute | ||
Stroke-Ready Hospital designation. | ||
(E) A hospital designated as an Acute Stroke-Ready | ||
Hospital shall pay an annual fee as determined by the | ||
Department that shall be no less than $100 and no |
greater than $500. All fees shall be deposited into | ||
the Stroke Data Collection Fund. | ||
(3) Hospitals seeking Acute Stroke-Ready Hospital | ||
designation that do not have certification shall develop | ||
policies and procedures that are consistent with | ||
nationally recognized nationally-recognized , | ||
evidence-based protocols for the provision of emergent | ||
stroke care. Hospital policies relating to emergent stroke | ||
care and stroke patient outcomes shall be reviewed at | ||
least annually, or more often as needed, by a hospital | ||
committee that oversees quality improvement. Adjustments | ||
shall be made as necessary to advance the quality of | ||
stroke care delivered. Criteria for Acute Stroke-Ready | ||
Hospital designation of hospitals shall be limited to the | ||
ability of a hospital to: | ||
(A) create written acute care protocols related to | ||
emergent stroke care; | ||
(A-5) participate in the data collection system | ||
provided in Section 3.118, if available; | ||
(B) maintain a written transfer agreement with one | ||
or more hospitals that have neurosurgical expertise; | ||
(C) designate a Clinical Director of Stroke Care | ||
who shall be a clinical member of the hospital staff | ||
with training or experience, as defined by the | ||
facility, in the care of patients with cerebrovascular | ||
disease. This training or experience may include, but |
is not limited to, completion of a fellowship or other | ||
specialized training in the area of cerebrovascular | ||
disease, attendance at national courses, or prior | ||
experience in neuroscience intensive care units. The | ||
Clinical Director of Stroke Care may be a neurologist, | ||
neurosurgeon, emergency medicine physician, internist, | ||
radiologist, advanced practice registered nurse, or | ||
physician's assistant; | ||
(C-5) provide rapid access to an acute stroke | ||
team, as defined by the facility, that considers and | ||
reflects nationally recognized, evidence-based | ||
nationally-recognized, evidenced-based protocols or | ||
guidelines; | ||
(D) administer thrombolytic therapy, or | ||
subsequently developed medical therapies that meet | ||
nationally recognized nationally-recognized , | ||
evidence-based stroke guidelines; | ||
(E) conduct brain image tests at all times; | ||
(F) conduct blood coagulation studies at all | ||
times; | ||
(G) maintain a log of stroke patients, which shall | ||
be available for review upon request by the Department | ||
or any hospital that has a written transfer agreement | ||
with the Acute Stroke-Ready Hospital; | ||
(H) admit stroke patients to a unit that can | ||
provide appropriate care that considers and reflects |
nationally recognized nationally-recognized , | ||
evidence-based protocols or guidelines or transfer | ||
stroke patients to an Acute Stroke-Ready Hospital, | ||
Primary Stroke Center, or Comprehensive Stroke Center, | ||
or another facility that can provide the appropriate | ||
care that considers and reflects nationally recognized | ||
nationally-recognized , evidence-based protocols or | ||
guidelines; and | ||
(I) demonstrate compliance with nationally | ||
recognized nationally-recognized quality indicators. | ||
(4) With respect to Acute Stroke-Ready Hospital | ||
designation, the Department shall have the authority and | ||
responsibility to do the following: | ||
(A) Require hospitals applying for Acute | ||
Stroke-Ready Hospital designation to attest, on a form | ||
developed by the Department in consultation with the | ||
State Stroke Advisory Subcommittee, that the hospital | ||
meets, and will continue to meet, the criteria for an | ||
Acute Stroke-Ready Hospital. | ||
(A-5) Require hospitals applying for Acute | ||
Stroke-Ready Hospital designation via national Acute | ||
Stroke-Ready Hospital certification to provide proof | ||
of current Acute Stroke-Ready Hospital certification, | ||
in good standing. | ||
The Department shall require a hospital that is | ||
already certified as an Acute Stroke-Ready Hospital to |
send a copy of the Certificate to the Department. | ||
Within 30 business days of the Department's | ||
receipt of a hospital's Acute Stroke-Ready Certificate | ||
and Application for Stroke Center Designation form | ||
that indicates that the hospital is a certified Acute | ||
Stroke-Ready Hospital, in good standing, the hospital | ||
shall be deemed a State-designated Acute Stroke-Ready | ||
Hospital. The Department shall send a designation | ||
notice to each hospital that it designates as an Acute | ||
Stroke-Ready Hospital and shall add the names of | ||
designated Acute Stroke-Ready Hospitals to the website | ||
listing immediately upon designation. The Department | ||
shall immediately remove the name of a hospital from | ||
the website listing when a hospital loses its | ||
designation after notice and, if requested by the | ||
hospital, a hearing. | ||
The Department shall develop an Application for | ||
Stroke Center Designation form that contains a | ||
statement that "The above named facility meets the | ||
requirements for Acute Stroke-Ready Hospital | ||
Designation as provided in Section 3.117 of the | ||
Emergency Medical Services (EMS) Systems Act" and | ||
shall instruct the applicant facility to provide: the | ||
hospital name and address; the hospital CEO or | ||
Administrator's typed name and signature; the hospital | ||
Clinical Director of Stroke Care's typed name and |
signature; and a contact person's typed name, email | ||
address, and phone number. | ||
The Application for Stroke Center Designation form | ||
shall contain a statement that instructs the hospital | ||
to "Provide proof of current Acute Stroke-Ready | ||
Hospital certification from a nationally recognized | ||
nationally-recognized certifying body approved by the | ||
Department". | ||
(B) Designate a hospital as an Acute Stroke-Ready | ||
Hospital no more than 30 business days after receipt | ||
of an attestation that meets the requirements for | ||
attestation, unless the Department, within 30 days of | ||
receipt of the attestation, chooses to conduct an | ||
onsite survey prior to designation. If the Department | ||
chooses to conduct an onsite survey prior to | ||
designation, then the onsite survey shall be conducted | ||
within 90 days of receipt of the attestation. | ||
(C) Require annual written attestation, on a form | ||
developed by the Department in consultation with the | ||
State Stroke Advisory Subcommittee, by Acute | ||
Stroke-Ready Hospitals to indicate compliance with | ||
Acute Stroke-Ready Hospital criteria, as described in | ||
this Section, and automatically renew Acute | ||
Stroke-Ready Hospital designation of the hospital. | ||
(D) Issue an Emergency Suspension of Acute | ||
Stroke-Ready Hospital designation when the Director, |
or his or her designee, has determined that the | ||
hospital no longer meets the Acute Stroke-Ready | ||
Hospital criteria and an immediate and serious danger | ||
to the public health, safety, and welfare exists. If | ||
the Acute Stroke-Ready Hospital fails to eliminate the | ||
violation immediately or within a fixed period of | ||
time, not exceeding 10 days, as determined by the | ||
Director, the Director may immediately revoke the | ||
Acute Stroke-Ready Hospital designation. The Acute | ||
Stroke-Ready Hospital may appeal the revocation within | ||
15 business days after receiving the Director's | ||
revocation order, by requesting an administrative | ||
hearing. | ||
(E) After notice and an opportunity for an | ||
administrative hearing, suspend, revoke, or refuse to | ||
renew an Acute Stroke-Ready Hospital designation, when | ||
the Department finds the hospital is not in | ||
substantial compliance with current Acute Stroke-Ready | ||
Hospital criteria. | ||
(c) The Department shall consult with the State Stroke | ||
Advisory Subcommittee for developing the designation, | ||
re-designation, and de-designation processes for Comprehensive | ||
Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready | ||
Hospitals.
| ||
(d) The Department shall consult with the State Stroke | ||
Advisory Subcommittee as subject matter experts at least |
annually regarding stroke standards of care. | ||
(Source: P.A. 100-513, eff. 1-1-18; revised 7-16-21.) | ||
(210 ILCS 50/3.117.5) | ||
Sec. 3.117.5. Hospital Stroke Care; grants. | ||
(a) In order to encourage the establishment and retention | ||
of Comprehensive Stroke Centers, Primary Stroke Centers, and | ||
Acute Stroke-Ready Hospitals throughout the State, the | ||
Director may award, subject to appropriation, matching grants | ||
to hospitals to be used for the acquisition and maintenance of | ||
necessary infrastructure, including personnel, equipment, and | ||
pharmaceuticals for the diagnosis and treatment of acute | ||
stroke patients. Grants may be used to pay the fee for | ||
certifications by Department approved nationally recognized | ||
nationally-recognized certifying bodies or to provide | ||
additional training for directors of stroke care or for | ||
hospital staff. | ||
(b) The Director may award grant moneys to Comprehensive | ||
Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready | ||
Hospitals for developing or enlarging stroke networks, for | ||
stroke education, and to enhance the ability of the EMS System | ||
to respond to possible acute stroke patients. | ||
(c) A Comprehensive Stroke Center, Primary Stroke Center, | ||
or Acute Stroke-Ready Hospital, or a hospital seeking | ||
certification as a Comprehensive Stroke Center, Primary Stroke | ||
Center, or Acute Stroke-Ready Hospital or designation as an |
Acute Stroke-Ready Hospital, may apply to the Director for a | ||
matching grant in a manner and form specified by the Director | ||
and shall provide information as the Director deems necessary | ||
to determine whether the hospital is eligible for the grant. | ||
(d) Matching grant awards shall be made to Comprehensive | ||
Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready | ||
Hospitals, or hospitals seeking certification or designation | ||
as a Comprehensive Stroke Center, Primary Stroke Center, or | ||
Acute Stroke-Ready Hospital. The Department may consider | ||
prioritizing grant awards to hospitals in areas with the | ||
highest incidence of stroke, taking into account geographic | ||
diversity, where possible.
| ||
(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.) | ||
Section 130. The Medical Practice Act of 1987 is amended | ||
by changing Section 23 as follows:
| ||
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||
(Text of Section before amendment by P.A. 102-20 ) | ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 23. Reports relating to professional conduct
and | ||
capacity. | ||
(A) Entities required to report.
| ||
(1) Health care institutions. The chief administrator
| ||
or executive officer of any health care institution | ||
licensed
by the Illinois Department of Public Health shall |
report to
the Disciplinary Board when any person's | ||
clinical privileges
are terminated or are restricted based | ||
on a final
determination made in accordance with that | ||
institution's by-laws
or rules and regulations that a | ||
person has either committed
an act or acts which may | ||
directly threaten patient care or that a person may have a | ||
mental or physical disability that may endanger patients
| ||
under that person's care. Such officer also shall report | ||
if
a person accepts voluntary termination or restriction | ||
of
clinical privileges in lieu of formal action based upon | ||
conduct related
directly to patient care or in lieu of | ||
formal action
seeking to determine whether a person may | ||
have a mental or physical disability that may endanger | ||
patients
under that person's care. The Disciplinary Board
| ||
shall, by rule, provide for the reporting to it by health | ||
care institutions of all
instances in which a person, | ||
licensed under this Act, who is
impaired by reason of age, | ||
drug or alcohol abuse or physical
or mental impairment, is | ||
under supervision and, where
appropriate, is in a program | ||
of rehabilitation. Such
reports shall be strictly | ||
confidential and may be reviewed
and considered only by | ||
the members of the Disciplinary
Board, or by authorized | ||
staff as provided by rules of the
Disciplinary Board. | ||
Provisions shall be made for the
periodic report of the | ||
status of any such person not less
than twice annually in | ||
order that the Disciplinary Board
shall have current |
information upon which to determine the
status of any such | ||
person. Such initial and periodic
reports of impaired | ||
physicians shall not be considered
records within the | ||
meaning of the The State Records Act and
shall be disposed | ||
of, following a determination by the
Disciplinary Board | ||
that such reports are no longer required,
in a manner and | ||
at such time as the Disciplinary Board shall
determine by | ||
rule. The filing of such reports shall be
construed as the | ||
filing of a report for purposes of
subsection (C) of this | ||
Section.
| ||
(1.5) Clinical training programs. The program director | ||
of any post-graduate clinical training program shall | ||
report to the Disciplinary Board if a person engaged in a | ||
post-graduate clinical training program at the | ||
institution, including, but not limited to, a residency or | ||
fellowship, separates from the program for any reason | ||
prior to its conclusion. The program director shall | ||
provide all documentation relating to the separation if, | ||
after review of the report, the Disciplinary Board | ||
determines that a review of those documents is necessary | ||
to determine whether a violation of this Act occurred. | ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of | ||
persons
licensed under this Act, operating within this | ||
State shall
report to the Disciplinary Board when the | ||
association or
society renders a final determination that |
a person has
committed unprofessional conduct related | ||
directly to patient
care or that a person may have a mental | ||
or physical disability that may endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
| ||
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the
| ||
Disciplinary Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Disciplinary Board, within 5 | ||
days, any instances
in which a person licensed under this | ||
Act is convicted of any felony or Class A misdemeanor. The | ||
State's Attorney
of each county may report to the | ||
Disciplinary Board through a verified
complaint any | ||
instance in which the State's Attorney believes that a | ||
physician
has willfully violated the notice requirements | ||
of the Parental Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government | ||
of the State of Illinois shall report to the
Disciplinary |
Board any instance arising in connection with
the | ||
operations of such agency, including the administration
of | ||
any law by such agency, in which a person licensed under
| ||
this Act has either committed an act or acts which may be a
| ||
violation of this Act or which may constitute | ||
unprofessional
conduct related directly to patient care or | ||
which indicates
that a person licensed under this Act may | ||
have a mental or physical disability that may endanger | ||
patients
under that person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Disciplinary Board in a | ||
timely
fashion. Unless otherwise provided in this Section, the | ||
reports shall be filed in writing within 60
days after a | ||
determination that a report is required under
this Act. All | ||
reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name and date of birth of any
patient or | ||
patients whose treatment is a subject of the
report, if | ||
available, or other means of identification if such | ||
information is not available, identification of the | ||
hospital or other
healthcare facility where the care at | ||
issue in the report was rendered,
provided, however, no |
medical records may be
revealed.
| ||
(4) A brief description of the facts which gave rise
| ||
to the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the | ||
report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
| ||
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Disciplinary Board or Department may also exercise the | ||
power under Section
38 of this Act to subpoena copies of | ||
hospital or medical records in mandatory
report cases alleging | ||
death or permanent bodily injury. Appropriate
rules shall be | ||
adopted by the Department with the approval of the | ||
Disciplinary
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to , in any
| ||
way, waive or modify the confidentiality of medical reports
| ||
and committee reports to the extent provided by law. Any
| ||
information reported or disclosed shall be kept for the
|
confidential use of the Disciplinary Board, the Medical
| ||
Coordinators, the Disciplinary Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure, except that the | ||
Department may disclose information and documents to a | ||
federal, State, or local law enforcement agency pursuant to a | ||
subpoena in an ongoing criminal investigation or to a health | ||
care licensing body or medical licensing authority of this | ||
State or another state or jurisdiction pursuant to an official | ||
request made by that licensing body or medical licensing | ||
authority. Furthermore, information and documents disclosed to | ||
a federal, State, or local law enforcement agency may be used | ||
by that agency only for the investigation and prosecution of a | ||
criminal offense, or, in the case of disclosure to a health | ||
care licensing body or medical licensing authority, only for | ||
investigations and disciplinary action proceedings with regard | ||
to a license. Information and documents disclosed to the | ||
Department of Public Health may be used by that Department | ||
only for investigation and disciplinary action regarding the | ||
license of a health care institution licensed by the | ||
Department of Public Health.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
| ||
wanton manner, in complying with this Act by providing any
|
report or other information to the Disciplinary Board or a | ||
peer review committee, or
assisting in the investigation or | ||
preparation of such
information, or by voluntarily reporting | ||
to the Disciplinary Board
or a peer review committee | ||
information regarding alleged errors or negligence by a person | ||
licensed under this Act, or by participating in proceedings of | ||
the
Disciplinary Board or a peer review committee, or by | ||
serving as a member of the
Disciplinary Board or a peer review | ||
committee, shall not, as a result of such actions,
be subject | ||
to criminal prosecution or civil damages.
| ||
(D) Indemnification. Members of the Disciplinary
Board, | ||
the Licensing Board, the Medical Coordinators, the | ||
Disciplinary Board's
attorneys, the medical investigative | ||
staff, physicians
retained under contract to assist and advise | ||
the medical
coordinators in the investigation, and authorized | ||
clerical
staff shall be indemnified by the State for any | ||
actions
occurring within the scope of services on the | ||
Disciplinary
Board or Licensing Board, done in good faith and | ||
not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either | ||
that there would be a
conflict of interest in such | ||
representation or that the
actions complained of were not in | ||
good faith or were wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
|
approval by the Attorney General, unless there is a
| ||
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Disciplinary Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Disciplinary Board. Upon the
receipt | ||
of any report called for by this Act, other than
those reports | ||
of impaired persons licensed under this Act
required pursuant | ||
to the rules of the Disciplinary Board,
the Disciplinary Board | ||
shall notify in writing, by certified
mail, the person who is | ||
the subject of the report. Such
notification shall be made | ||
within 30 days of receipt by the
Disciplinary Board of the | ||
report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the |
amending of the
report previously filed. The person who is the | ||
subject of the report shall also submit with the written | ||
statement any medical records related to the report. The | ||
statement and accompanying medical records shall become a
| ||
permanent part of the file and must be received by the
| ||
Disciplinary Board no more than
30 days after the date on
which | ||
the person was notified by the Disciplinary Board of the | ||
existence of
the
original report.
| ||
The Disciplinary Board shall review all reports
received | ||
by it, together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of | ||
reports. The review by the Disciplinary Board
shall be in a | ||
timely manner but in no event, shall the
Disciplinary Board's | ||
initial review of the material
contained in each disciplinary | ||
file be less than 61 days nor
more than 180 days after the | ||
receipt of the initial report
by the Disciplinary Board.
| ||
When the Disciplinary Board makes its initial review of
| ||
the materials contained within its disciplinary files, the
| ||
Disciplinary Board shall, in writing, make a determination
as | ||
to whether there are sufficient facts to warrant further
| ||
investigation or action. Failure to make such determination
| ||
within the time provided shall be deemed to be a
determination | ||
that there are not sufficient facts to warrant
further | ||
investigation or action.
| ||
Should the Disciplinary Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, |
the report shall be accepted for filing and the
matter shall be | ||
deemed closed and so reported to the Secretary. The Secretary
| ||
shall then have 30 days to accept the Disciplinary Board's | ||
decision or
request further investigation. The Secretary shall | ||
inform the Board
of the decision to request further | ||
investigation, including the specific
reasons for the | ||
decision. The
individual or entity filing the original report | ||
or complaint
and the person who is the subject of the report or | ||
complaint
shall be notified in writing by the Secretary of
any | ||
final action on their report or complaint. The Department | ||
shall disclose to the individual or entity who filed the | ||
original report or complaint, on request, the status of the | ||
Disciplinary Board's review of a specific report or complaint. | ||
Such request may be made at any time, including prior to the | ||
Disciplinary Board's determination as to whether there are | ||
sufficient facts to warrant further investigation or action.
| ||
(F) Summary reports. The Disciplinary Board shall
prepare, | ||
on a timely basis, but in no event less than once
every other | ||
month, a summary report of final disciplinary actions taken
| ||
upon disciplinary files maintained by the Disciplinary Board.
| ||
The summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's website. Information or documentation relating to | ||
any disciplinary file that is closed without disciplinary | ||
action taken shall not be disclosed and shall be afforded the |
same status as is provided by Part 21 of Article VIII of the | ||
Code of Civil Procedure.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or | ||
for an order enforcing compliance with this Section.
Upon | ||
filing of a verified petition in such court, the court
may | ||
issue a temporary restraining order without notice or
bond and | ||
may preliminarily or permanently enjoin such
violation, and if | ||
it is established that such person has
violated or is | ||
violating the injunction, the court may
punish the offender | ||
for contempt of court. Proceedings
under this paragraph shall | ||
be in addition to, and not in
lieu of, all other remedies and | ||
penalties provided for by
this Section.
| ||
(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15; | ||
revised 7-20-21.)
| ||
(Text of Section after amendment by P.A. 102-20 ) | ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 23. Reports relating to professional conduct
and | ||
capacity. | ||
(A) Entities required to report.
| ||
(1) Health care institutions. The chief administrator
|
or executive officer of any health care institution | ||
licensed
by the Illinois Department of Public Health shall | ||
report to
the Medical Board when any person's clinical | ||
privileges
are terminated or are restricted based on a | ||
final
determination made in accordance with that | ||
institution's by-laws
or rules and regulations that a | ||
person has either committed
an act or acts which may | ||
directly threaten patient care or that a person may have a | ||
mental or physical disability that may endanger patients
| ||
under that person's care. Such officer also shall report | ||
if
a person accepts voluntary termination or restriction | ||
of
clinical privileges in lieu of formal action based upon | ||
conduct related
directly to patient care or in lieu of | ||
formal action
seeking to determine whether a person may | ||
have a mental or physical disability that may endanger | ||
patients
under that person's care. The Medical Board
| ||
shall, by rule, provide for the reporting to it by health | ||
care institutions of all
instances in which a person, | ||
licensed under this Act, who is
impaired by reason of age, | ||
drug or alcohol abuse or physical
or mental impairment, is | ||
under supervision and, where
appropriate, is in a program | ||
of rehabilitation. Such
reports shall be strictly | ||
confidential and may be reviewed
and considered only by | ||
the members of the Medical
Board, or by authorized staff | ||
as provided by rules of the Medical
Board. Provisions | ||
shall be made for the
periodic report of the status of any |
such person not less
than twice annually in order that the | ||
Medical Board
shall have current information upon which to | ||
determine the
status of any such person. Such initial and | ||
periodic
reports of impaired physicians shall not be | ||
considered
records within the meaning of the The State | ||
Records Act and
shall be disposed of, following a | ||
determination by the Medical
Board that such reports are | ||
no longer required,
in a manner and at such time as the | ||
Medical Board shall
determine by rule. The filing of such | ||
reports shall be
construed as the filing of a report for | ||
purposes of
subsection (C) of this Section.
| ||
(1.5) Clinical training programs. The program director | ||
of any post-graduate clinical training program shall | ||
report to the Medical Board if a person engaged in a | ||
post-graduate clinical training program at the | ||
institution, including, but not limited to, a residency or | ||
fellowship, separates from the program for any reason | ||
prior to its conclusion. The program director shall | ||
provide all documentation relating to the separation if, | ||
after review of the report, the Medical Board determines | ||
that a review of those documents is necessary to determine | ||
whether a violation of this Act occurred. | ||
(2) Professional associations. The President or chief
| ||
executive officer of any association or society, of | ||
persons
licensed under this Act, operating within this | ||
State shall
report to the Medical Board when the |
association or
society renders a final determination that | ||
a person has
committed unprofessional conduct related | ||
directly to patient
care or that a person may have a mental | ||
or physical disability that may endanger patients under | ||
that person's
care.
| ||
(3) Professional liability insurers. Every insurance
| ||
company which offers policies of professional liability
| ||
insurance to persons licensed under this Act, or any other
| ||
entity which seeks to indemnify the professional liability
| ||
of a person licensed under this Act, shall report to the | ||
Medical
Board the settlement of any claim or cause of
| ||
action, or final judgment rendered in any cause of action,
| ||
which alleged negligence in the furnishing of medical care
| ||
by such licensed person when such settlement or final
| ||
judgment is in favor of the plaintiff.
| ||
(4) State's Attorneys. The State's Attorney of each
| ||
county shall report to the Medical Board, within 5 days, | ||
any instances
in which a person licensed under this Act is | ||
convicted of any felony or Class A misdemeanor. The | ||
State's Attorney
of each county may report to the Medical | ||
Board through a verified
complaint any instance in which | ||
the State's Attorney believes that a physician
has | ||
willfully violated the notice requirements of the Parental | ||
Notice of
Abortion Act of 1995.
| ||
(5) State agencies. All agencies, boards,
commissions, | ||
departments, or other instrumentalities of the
government |
of the State of Illinois shall report to the Medical
Board | ||
any instance arising in connection with
the operations of | ||
such agency, including the administration
of any law by | ||
such agency, in which a person licensed under
this Act has | ||
either committed an act or acts which may be a
violation of | ||
this Act or which may constitute unprofessional
conduct | ||
related directly to patient care or which indicates
that a | ||
person licensed under this Act may have a mental or | ||
physical disability that may endanger patients
under that | ||
person's care.
| ||
(B) Mandatory reporting. All reports required by items | ||
(34), (35), and
(36) of subsection (A) of Section 22 and by | ||
Section 23 shall be submitted to the Medical Board in a timely
| ||
fashion. Unless otherwise provided in this Section, the | ||
reports shall be filed in writing within 60
days after a | ||
determination that a report is required under
this Act. All | ||
reports shall contain the following
information:
| ||
(1) The name, address and telephone number of the
| ||
person making the report.
| ||
(2) The name, address and telephone number of the
| ||
person who is the subject of the report.
| ||
(3) The name and date of birth of any
patient or | ||
patients whose treatment is a subject of the
report, if | ||
available, or other means of identification if such | ||
information is not available, identification of the | ||
hospital or other
healthcare facility where the care at |
issue in the report was rendered,
provided, however, no | ||
medical records may be
revealed.
| ||
(4) A brief description of the facts which gave rise
| ||
to the issuance of the report, including the dates of any
| ||
occurrences deemed to necessitate the filing of the | ||
report.
| ||
(5) If court action is involved, the identity of the
| ||
court in which the action is filed, along with the docket
| ||
number and date of filing of the action.
| ||
(6) Any further pertinent information which the
| ||
reporting party deems to be an aid in the evaluation of the
| ||
report.
| ||
The Medical Board or Department may also exercise the | ||
power under Section
38 of this Act to subpoena copies of | ||
hospital or medical records in mandatory
report cases alleging | ||
death or permanent bodily injury. Appropriate
rules shall be | ||
adopted by the Department with the approval of the Medical
| ||
Board.
| ||
When the Department has received written reports | ||
concerning incidents
required to be reported in items (34), | ||
(35), and (36) of subsection (A) of
Section 22, the licensee's | ||
failure to report the incident to the Department
under those | ||
items shall not be the sole grounds for disciplinary action.
| ||
Nothing contained in this Section shall act to , in any
| ||
way, waive or modify the confidentiality of medical reports
| ||
and committee reports to the extent provided by law. Any
|
information reported or disclosed shall be kept for the
| ||
confidential use of the Medical Board, the Medical
| ||
Coordinators, the Medical Board's attorneys, the
medical | ||
investigative staff, and authorized clerical staff,
as | ||
provided in this Act, and shall be afforded the same
status as | ||
is provided information concerning medical studies
in Part 21 | ||
of Article VIII of the Code of Civil Procedure, except that the | ||
Department may disclose information and documents to a | ||
federal, State, or local law enforcement agency pursuant to a | ||
subpoena in an ongoing criminal investigation or to a health | ||
care licensing body or medical licensing authority of this | ||
State or another state or jurisdiction pursuant to an official | ||
request made by that licensing body or medical licensing | ||
authority. Furthermore, information and documents disclosed to | ||
a federal, State, or local law enforcement agency may be used | ||
by that agency only for the investigation and prosecution of a | ||
criminal offense, or, in the case of disclosure to a health | ||
care licensing body or medical licensing authority, only for | ||
investigations and disciplinary action proceedings with regard | ||
to a license. Information and documents disclosed to the | ||
Department of Public Health may be used by that Department | ||
only for investigation and disciplinary action regarding the | ||
license of a health care institution licensed by the | ||
Department of Public Health.
| ||
(C) Immunity from prosecution. Any individual or
| ||
organization acting in good faith, and not in a wilful and
|
wanton manner, in complying with this Act by providing any
| ||
report or other information to the Medical Board or a peer | ||
review committee, or
assisting in the investigation or | ||
preparation of such
information, or by voluntarily reporting | ||
to the Medical Board
or a peer review committee information | ||
regarding alleged errors or negligence by a person licensed | ||
under this Act, or by participating in proceedings of the | ||
Medical
Board or a peer review committee, or by serving as a | ||
member of the Medical
Board or a peer review committee, shall | ||
not, as a result of such actions,
be subject to criminal | ||
prosecution or civil damages.
| ||
(D) Indemnification. Members of the Medical
Board, the | ||
Medical Coordinators, the Medical Board's
attorneys, the | ||
medical investigative staff, physicians
retained under | ||
contract to assist and advise the medical
coordinators in the | ||
investigation, and authorized clerical
staff shall be | ||
indemnified by the State for any actions
occurring within the | ||
scope of services on the Medical Board, done in good faith and | ||
not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either | ||
that there would be a
conflict of interest in such | ||
representation or that the
actions complained of were not in | ||
good faith or were wilful
and wanton.
| ||
Should the Attorney General decline representation, the
| ||
member shall have the right to employ counsel of his or her
| ||
choice, whose fees shall be provided by the State, after
|
approval by the Attorney General, unless there is a
| ||
determination by a court that the member's actions were not
in | ||
good faith or were wilful and wanton.
| ||
The member must notify the Attorney General within 7
days | ||
of receipt of notice of the initiation of any action
involving | ||
services of the Medical Board. Failure to so
notify the | ||
Attorney General shall constitute an absolute
waiver of the | ||
right to a defense and indemnification.
| ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will
undertake to | ||
represent the member.
| ||
(E) Deliberations of Medical Board. Upon the
receipt of | ||
any report called for by this Act, other than
those reports of | ||
impaired persons licensed under this Act
required pursuant to | ||
the rules of the Medical Board,
the Medical Board shall notify | ||
in writing, by
mail or email, the person who is the subject of | ||
the report. Such
notification shall be made within 30 days of | ||
receipt by the Medical
Board of the report.
| ||
The notification shall include a written notice setting
| ||
forth the person's right to examine the report. Included in
| ||
such notification shall be the address at which the file is
| ||
maintained, the name of the custodian of the reports, and
the | ||
telephone number at which the custodian may be reached.
The | ||
person who is the subject of the report shall submit a written | ||
statement responding,
clarifying, adding to, or proposing the | ||
amending of the
report previously filed. The person who is the |
subject of the report shall also submit with the written | ||
statement any medical records related to the report. The | ||
statement and accompanying medical records shall become a
| ||
permanent part of the file and must be received by the Medical
| ||
Board no more than
30 days after the date on
which the person | ||
was notified by the Medical Board of the existence of
the
| ||
original report.
| ||
The Medical Board shall review all reports
received by it, | ||
together with any supporting information and
responding | ||
statements submitted by persons who are the
subject of | ||
reports. The review by the Medical Board
shall be in a timely | ||
manner but in no event, shall the Medical
Board's initial | ||
review of the material
contained in each disciplinary file be | ||
less than 61 days nor
more than 180 days after the receipt of | ||
the initial report
by the Medical Board.
| ||
When the Medical Board makes its initial review of
the | ||
materials contained within its disciplinary files, the Medical
| ||
Board shall, in writing, make a determination
as to whether | ||
there are sufficient facts to warrant further
investigation or | ||
action. Failure to make such determination
within the time | ||
provided shall be deemed to be a
determination that there are | ||
not sufficient facts to warrant
further investigation or | ||
action.
| ||
Should the Medical Board find that there are not
| ||
sufficient facts to warrant further investigation, or
action, | ||
the report shall be accepted for filing and the
matter shall be |
deemed closed and so reported to the Secretary. The Secretary
| ||
shall then have 30 days to accept the Medical Board's decision | ||
or
request further investigation. The Secretary shall inform | ||
the Medical Board
of the decision to request further | ||
investigation, including the specific
reasons for the | ||
decision. The
individual or entity filing the original report | ||
or complaint
and the person who is the subject of the report or | ||
complaint
shall be notified in writing by the Secretary of
any | ||
final action on their report or complaint. The Department | ||
shall disclose to the individual or entity who filed the | ||
original report or complaint, on request, the status of the | ||
Medical Board's review of a specific report or complaint. Such | ||
request may be made at any time, including prior to the Medical | ||
Board's determination as to whether there are sufficient facts | ||
to warrant further investigation or action.
| ||
(F) Summary reports. The Medical Board shall
prepare, on a | ||
timely basis, but in no event less than once
every other month, | ||
a summary report of final disciplinary actions taken
upon | ||
disciplinary files maintained by the Medical Board.
The | ||
summary reports shall be made available to the public upon | ||
request and payment of the fees set by the Department. This | ||
publication may be made available to the public on the | ||
Department's website. Information or documentation relating to | ||
any disciplinary file that is closed without disciplinary | ||
action taken shall not be disclosed and shall be afforded the | ||
same status as is provided by Part 21 of Article VIII of the |
Code of Civil Procedure.
| ||
(G) Any violation of this Section shall be a Class A
| ||
misdemeanor.
| ||
(H) If any such person violates the provisions of this
| ||
Section an action may be brought in the name of the People
of | ||
the State of Illinois, through the Attorney General of
the | ||
State of Illinois, for an order enjoining such violation
or | ||
for an order enforcing compliance with this Section.
Upon | ||
filing of a verified petition in such court, the court
may | ||
issue a temporary restraining order without notice or
bond and | ||
may preliminarily or permanently enjoin such
violation, and if | ||
it is established that such person has
violated or is | ||
violating the injunction, the court may
punish the offender | ||
for contempt of court. Proceedings
under this paragraph shall | ||
be in addition to, and not in
lieu of, all other remedies and | ||
penalties provided for by
this Section.
| ||
(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
| ||
Section 135. The Veterinary Medicine and Surgery Practice | ||
Act of 2004 is amended by changing Section 25.2a as follows: | ||
(225 ILCS 115/25.2a) | ||
(Section scheduled to be repealed on January 1, 2024) | ||
Sec. 25.2a. Confidentiality. All information collected by | ||
the Department in the course of an examination or | ||
investigation of a licensee or applicant, including, but not |
limited to, any complaint against a licensee filed with the | ||
Department and information collected to investigate any such | ||
complaint, shall be maintained for the confidential use of the | ||
Department and shall not be disclosed. The Department may not | ||
disclose the information to anyone other than law enforcement | ||
officials, other regulatory agencies that have an appropriate | ||
regulatory interest as determined by the Secretary, or to a | ||
party presenting a lawful subpoena to the Department. | ||
Information and documents disclosed to a federal, State, | ||
county, or local law enforcement agency shall not be disclosed | ||
by the agency for any purpose to any other agency or person. A | ||
formal complaint filed against a licensee by the Department or | ||
any order issued by the Department against a licensee or | ||
applicant shall be a public record, except as otherwise | ||
prohibited by law.
| ||
(Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.) | ||
Section 140. The Cemetery Oversight Act is amended by | ||
changing Section 25-10 as follows: | ||
(225 ILCS 411/25-10) | ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 25-10. Grounds for disciplinary action. | ||
(a) The Department may refuse to issue or renew a license | ||
or may revoke, suspend, place on probation, reprimand, or take | ||
other disciplinary or non-disciplinary action as the |
Department may deem appropriate, including fines not to exceed | ||
$10,000 for each violation, with regard to any license under | ||
this Act, for any one or combination of the following: | ||
(1) Material misstatement in furnishing information to | ||
the Department. | ||
(2) Violations of this Act, except for Section 20-8. | ||
(3) Conviction of or entry of a plea of guilty or nolo | ||
contendere, finding of guilt, jury verdict, or entry of | ||
judgment or sentencing, including, but not limited to, | ||
convictions, preceding sentences of supervision, | ||
conditional discharge, or first offender probation under | ||
the law of any jurisdiction of the United States that is | ||
(i) a Class X felony or (ii) a felony, an essential element | ||
of which is fraud or dishonesty that is directly related | ||
to the practice of cemetery operations. | ||
(4) Fraud or any misrepresentation in applying for or | ||
procuring a license under this Act or in connection with | ||
applying for renewal. | ||
(5) Incompetence or misconduct in the practice of | ||
cemetery operations. | ||
(6) Gross malpractice.
| ||
(7) Aiding or assisting another person in violating | ||
any provision of this Act or rules adopted under this Act. | ||
(8) Failing, within 10 business days, to provide | ||
information in response to a written request made by the | ||
Department.
|
(9) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a character likely to deceive, | ||
defraud, or harm the public. | ||
(10) Habitual or excessive use or abuse of drugs | ||
defined in law as controlled substances, alcohol, | ||
narcotics, stimulants, or any other substances that | ||
results in the inability to practice pursuant to the | ||
provisions of this Act with reasonable judgment, skill, or | ||
safety while acting under the provisions of this Act. | ||
(11) Discipline by another state, territory, foreign | ||
country, the District of Columbia, the United States | ||
government, or any other government agency, if at least | ||
one of the grounds for the discipline is the same or | ||
substantially equivalent to those set forth in this Act. | ||
(12) Directly or indirectly giving to or receiving | ||
from any person, firm, corporation, partnership, or | ||
association any fee, commission, rebate, or other form of | ||
compensation for professional services not actually or | ||
personally rendered. | ||
(13) A finding by the Department that the licensee, | ||
after having his or her license placed on probationary | ||
status, has violated the terms of probation or failed to | ||
comply with such terms. | ||
(14) Willfully making or filing false records or | ||
reports in his or her practice, including, but not limited | ||
to, false records filed with any governmental agency or |
department. | ||
(15) Inability to practice the profession with | ||
reasonable judgment, skill, or safety as a result of | ||
physical illness, including, but not limited to, loss of | ||
motor skill, mental illness, or disability. | ||
(16) Failure to comply with an order, decision, or | ||
finding of the Department made pursuant to this Act. | ||
(17) Directly or indirectly receiving compensation for | ||
any professional services not actually performed. | ||
(18) Practicing under a false or, except as provided | ||
by law, an assumed name.
| ||
(19) Using or attempting to use an expired, inactive, | ||
suspended, or revoked license or impersonating another | ||
licensee. | ||
(20) A finding by the Department that an applicant or | ||
licensee has failed to pay a fine imposed by the | ||
Department. | ||
(21) Unjustified failure to honor its contracts.
| ||
(22) Negligent supervision of a cemetery manager, | ||
customer service employee, employee, or independent | ||
contractor.
| ||
(23) (Blank). | ||
(24) (Blank). | ||
(25) (Blank). | ||
(b) No action may be taken under this Act against a person | ||
licensed under this Act for an occurrence or alleged |
occurrence that predates the enactment of this Act.
| ||
(c) In enforcing this Section, the Department, upon a | ||
showing of a possible violation, may order a licensee or | ||
applicant to submit to a mental or physical examination, or | ||
both, at the expense of the Department. The Department may | ||
order the examining physician to present testimony concerning | ||
his or her examination of the licensee or applicant. No | ||
information shall be excluded by reason of any common law or | ||
statutory privilege relating to communications between the | ||
licensee or applicant and the examining physician. The | ||
examining physicians shall be specifically designated by the | ||
Department. The licensee or applicant may have, at his or her | ||
own expense, another physician of his or her choice present | ||
during all aspects of the examination. Failure of a licensee | ||
or applicant to submit to any such examination when directed, | ||
without reasonable cause, shall be grounds for either | ||
immediate suspension suspending of his or her license or | ||
immediate denial of his or her application. | ||
(1) If the Secretary immediately suspends the license | ||
of a licensee for his or her failure to submit to a mental | ||
or physical examination when directed, a hearing must be | ||
convened by the Department within 15 days after the | ||
suspension and completed without appreciable delay. | ||
(2) If the Secretary otherwise suspends a license | ||
pursuant to the results of the licensee's mental or | ||
physical examination, a hearing must be convened by the |
Department within 15 days after the suspension and | ||
completed without appreciable delay. The Department shall | ||
have the authority to review the licensee's record of | ||
treatment and counseling regarding the relevant impairment | ||
or impairments to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
(3) Any licensee suspended under this subsection shall | ||
be afforded an opportunity to demonstrate to the | ||
Department that he or she can resume practice in | ||
compliance with the acceptable and prevailing standards | ||
under the provisions of his or her license. | ||
(d) The determination by a circuit court that a licensee | ||
is subject to involuntary admission or judicial admission, as | ||
provided in the Mental Health and Developmental Disabilities | ||
Code, operates as an automatic suspension. Such suspension may | ||
end only upon a finding by a court that the patient is no | ||
longer subject to involuntary admission or judicial admission, | ||
the issuance of an order so finding and discharging the | ||
patient, and the filing of a petition for restoration | ||
demonstrating fitness to practice. | ||
(e) In cases where the Department of Healthcare and Family | ||
Services has previously determined that a licensee or a | ||
potential licensee is more than 30 days delinquent in the | ||
payment of child support and has subsequently certified the | ||
delinquency to the Department, the Department shall refuse to |
issue or renew or shall revoke or suspend that person's | ||
license or shall take other disciplinary action against that | ||
person based solely upon the certification of delinquency made | ||
by the Department of Healthcare and Family Services under | ||
paragraph (5) of subsection (a) of Section 2105-15 of the | ||
Department of Professional Regulation Law of the Civil | ||
Administrative Code of Illinois. | ||
(f) The Department shall refuse to issue or renew or shall | ||
revoke or suspend a person's license or shall take other | ||
disciplinary action against that person for his or her failure | ||
to file a return, to pay the tax, penalty, or interest shown in | ||
a filed return, or to pay any final assessment of tax, penalty, | ||
or interest as required by any tax Act administered by the | ||
Department of Revenue, until the requirements of the tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Department of Professional Regulation Law of | ||
the Civil Administrative Code of Illinois. | ||
(Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.) | ||
Section 145. The Real Estate Appraiser Licensing Act of | ||
2002 is amended by changing Sections 1-5, 1-10, and 25-20 as | ||
follows:
| ||
(225 ILCS 458/1-5)
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 1-5. Legislative intent. The intent of the General |
Assembly in
enacting this Act is to
evaluate the competency of | ||
persons engaged in the appraisal of real estate and
to license | ||
and regulate
those persons for the protection of the public. | ||
Additionally, it is the intent
of the General Assembly for
| ||
this Act to be consistent with the provisions of Title XI of | ||
the federal
Financial Institutions Reform,
Recovery , and | ||
Enforcement Act of 1989.
| ||
(Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)
| ||
(225 ILCS 458/1-10)
| ||
(Text of Section before amendment by P.A. 102-20 )
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 1-10. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
"Accredited college or university, junior college, or | ||
community college" means a college or university, junior | ||
college, or community college that is approved or accredited | ||
by the Board of Higher Education, a regional or national | ||
accreditation association, or by an accrediting agency that is | ||
recognized by the U.S. Secretary of Education.
| ||
"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address and | ||
those changes must be made either through the Department's |
website or by contacting the Department. | ||
"Applicant" means a person who applies to the Department
| ||
for a license under this Act.
| ||
"Appraisal" means
(noun) the act or process of developing | ||
an opinion
of value; an
opinion of value (adjective) of or | ||
pertaining to appraising
and related functions, such as | ||
appraisal practice or appraisal services. | ||
"Appraisal assignment" means a valuation service provided | ||
as a consequence of an agreement between an appraiser and a | ||
client. | ||
"Appraisal consulting" means the act or process of | ||
developing an analysis, recommendation, or opinion to solve a | ||
problem, where an opinion of value is a component of the | ||
analysis leading to the assignment results. | ||
"Appraisal firm" means an appraisal entity that is 100% | ||
owned and controlled by a person or persons licensed in | ||
Illinois as a certified general real estate appraiser or a | ||
certified residential real estate appraiser. "Appraisal firm" | ||
does not include an appraisal management company. | ||
"Appraisal management company" means any corporation, | ||
limited liability company, partnership, sole proprietorship, | ||
subsidiary, unit, or other business entity that directly or | ||
indirectly: (1) provides appraisal management services to | ||
creditors or secondary mortgage market participants; (2) | ||
provides appraisal management services in connection with | ||
valuing the consumer's principal dwelling as security for a |
consumer credit transaction (including consumer credit | ||
transactions incorporated into securitizations); (3) within a | ||
given year, oversees an appraiser panel of any size of | ||
State-certified appraisers in Illinois; and (4) any appraisal | ||
management company that, within a given year, oversees an | ||
appraiser panel of 16 or more State-certified appraisers in | ||
Illinois or 25 or more State-certified or State-licensed | ||
appraisers in 2 or more jurisdictions shall be subject to the | ||
appraisal management company national registry fee in addition | ||
to the appraiser panel fee. "Appraisal management company" | ||
includes a hybrid entity. | ||
"Appraisal practice" means valuation services performed by | ||
an individual acting as an appraiser, including, but not | ||
limited to, appraisal, appraisal review, or appraisal | ||
consulting.
| ||
"Appraisal report" means any communication, written or | ||
oral, of an appraisal or appraisal review that is transmitted | ||
to a client upon completion of an assignment.
| ||
"Appraisal review" means the act or process of developing | ||
and communicating an opinion about the quality of another | ||
appraiser's work that was performed as part of an appraisal, | ||
appraisal review, or appraisal assignment.
| ||
"Appraisal Subcommittee" means the Appraisal Subcommittee | ||
of the Federal
Financial Institutions
Examination Council as | ||
established by Title XI.
| ||
"Appraiser" means a person who performs
real estate or |
real property
appraisals.
| ||
"AQB" means the Appraisal Qualifications Board of the | ||
Appraisal Foundation.
| ||
"Associate real estate trainee appraiser" means an | ||
entry-level appraiser who holds
a license of this | ||
classification under this Act with restrictions as to the | ||
scope of practice
in
accordance with this Act.
| ||
"Board" means the Real Estate Appraisal Administration and | ||
Disciplinary Board.
| ||
"Broker price opinion" means an estimate or analysis of | ||
the probable selling price of a particular interest in real | ||
estate, which may provide a varying level of detail about the | ||
property's condition, market, and neighborhood and information | ||
on comparable sales. The activities of a real estate broker or | ||
managing broker engaging in the ordinary course of business as | ||
a broker, as defined in this Section, shall not be considered a | ||
broker price opinion if no compensation is paid to the broker | ||
or managing broker, other than compensation based upon the | ||
sale or rental of real estate. | ||
"Classroom hour" means 50 minutes of instruction out of | ||
each 60-minute 60 minute
segment of coursework.
| ||
"Client" means the party or parties who engage an | ||
appraiser by employment or contract in a specific appraisal | ||
assignment.
| ||
"Comparative market analysis" is an analysis or opinion | ||
regarding pricing, marketing, or financial aspects relating to |
a specified interest or interests in real estate that may be | ||
based upon an analysis of comparative market data, the | ||
expertise of the real estate broker or managing broker, and | ||
such other factors as the broker or managing broker may deem | ||
appropriate in developing or preparing such analysis or | ||
opinion. The activities of a real estate broker or managing | ||
broker engaging in the ordinary course of business as a | ||
broker, as defined in this Section, shall not be considered a | ||
comparative market analysis if no compensation is paid to the | ||
broker or managing broker, other than compensation based upon | ||
the sale or rental of real estate. | ||
"Coordinator" means the Coordinator of Real Estate | ||
Appraisal of the Division of Professional Regulation of the | ||
Department of Financial and Professional Regulation.
| ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Federal financial institutions regulatory agencies" means | ||
the Board of
Governors of the Federal Reserve
System, the | ||
Federal Deposit Insurance Corporation, the Office of the
| ||
Comptroller of the Currency, the
Consumer Financial Protection | ||
Bureau, and the National Credit Union Administration.
| ||
"Federally related transaction" means any real | ||
estate-related financial
transaction in which a federal
| ||
financial institutions regulatory agency
engages in, contracts | ||
for, or
regulates and requires the services
of an appraiser.
| ||
"Financial institution" means any bank, savings bank, |
savings and loan
association, credit union,
mortgage broker, | ||
mortgage banker, licensee under the Consumer Installment Loan
| ||
Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||
subsidiary, affiliate, parent
company, or holding company
of | ||
any such licensee, or any institution involved in real estate | ||
financing that
is regulated by state or
federal law.
| ||
"Multi-state licensing system" means a web-based platform | ||
that allows an applicant to submit his or her application or | ||
license renewal application to the Department online. | ||
"Person" means an individual, entity, sole proprietorship, | ||
corporation, limited liability company, partnership, and joint | ||
venture, foreign or domestic, except that when the context | ||
otherwise requires, the term may refer to more than one | ||
individual or other described entity. | ||
"Real estate" means an identified parcel or tract of land, | ||
including any
improvements.
| ||
"Real estate related financial transaction" means any | ||
transaction involving:
| ||
(1) the sale, lease, purchase, investment in, or | ||
exchange of real
property,
including interests
in property | ||
or the financing thereof;
| ||
(2) the refinancing of real property or interests in | ||
real property; and
| ||
(3) the use of real property or interest in property | ||
as security for a
loan or
investment,
including mortgage | ||
backed securities.
|
"Real property" means the interests, benefits, and rights | ||
inherent in the
ownership of real estate.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation.
| ||
"State certified general real estate
appraiser" means an | ||
appraiser who holds a
license of this classification under | ||
this Act
and such classification applies to
the appraisal of | ||
all types of real property without restrictions as to
the | ||
scope of practice.
| ||
"State certified residential real estate
appraiser" means | ||
an appraiser who
holds a
license of this classification
under | ||
this Act
and such classification applies to
the appraisal of
| ||
one to 4 units of
residential real property without regard to | ||
transaction value or complexity,
but with restrictions as to | ||
the
scope of practice
in a federally related transaction in | ||
accordance with Title
XI, the provisions of USPAP,
criteria | ||
established by the AQB, and further defined by rule.
| ||
"Supervising appraiser" means either (i) an appraiser who | ||
holds a valid license under this Act as either a State | ||
certified general real estate appraiser or a State certified | ||
residential real estate appraiser, who co-signs an appraisal | ||
report for an associate real estate trainee appraiser or (ii) | ||
a State certified general real estate appraiser who holds a | ||
valid license under this Act who co-signs an appraisal report | ||
for a State certified residential real estate appraiser on | ||
properties other than one to 4 units of residential real |
property without regard to transaction value or complexity.
| ||
"Title XI" means Title XI of the federal Financial | ||
Institutions Reform,
Recovery , and
Enforcement Act of 1989.
| ||
"USPAP" means the Uniform Standards of Professional | ||
Appraisal Practice as
promulgated by the
Appraisal Standards | ||
Board pursuant to Title XI and by rule.
| ||
"Valuation services" means services pertaining to aspects | ||
of property value. | ||
(Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)
| ||
(Text of Section after amendment by P.A. 102-20 )
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 1-10. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
"Accredited college or university, junior college, or | ||
community college" means a college or university, junior | ||
college, or community college that is approved or accredited | ||
by the Board of Higher Education, a regional or national | ||
accreditation association, or by an accrediting agency that is | ||
recognized by the U.S. Secretary of Education.
| ||
"Address of record" means the designated street address, | ||
which may not be a post office box, recorded by the Department | ||
in the applicant's or licensee's application file or license | ||
file as maintained by the Department. | ||
"Applicant" means a person who applies to the Department
| ||
for a license under this Act.
|
"Appraisal" means
(noun) the act or process of developing | ||
an opinion
of value; an
opinion of value (adjective) of or | ||
pertaining to appraising
and related functions, such as | ||
appraisal practice or appraisal services. | ||
"Appraisal assignment" means a valuation service provided | ||
pursuant to an agreement between an appraiser and a client. | ||
"Appraisal firm" means an appraisal entity that is 100% | ||
owned and controlled by a person or persons licensed in | ||
Illinois as a certified general real estate appraiser or a | ||
certified residential real estate appraiser. "Appraisal firm" | ||
does not include an appraisal management company. | ||
"Appraisal management company" means any corporation, | ||
limited liability company, partnership, sole proprietorship, | ||
subsidiary, unit, or other business entity that directly or | ||
indirectly: (1) provides appraisal management services to | ||
creditors or secondary mortgage market participants, including | ||
affiliates; (2) provides appraisal management services in | ||
connection with valuing the consumer's principal dwelling as | ||
security for a consumer credit transaction (including consumer | ||
credit transactions incorporated into securitizations); and | ||
(3) any appraisal management company that, within a given | ||
12-month period, oversees an appraiser panel of 16 or more | ||
State-certified appraisers in Illinois or 25 or more | ||
State-certified or State-licensed appraisers in 2 or more | ||
jurisdictions. "Appraisal management company" includes a | ||
hybrid entity. |
"Appraisal practice" means valuation services performed by | ||
an individual acting as an appraiser, including, but not | ||
limited to, appraisal or appraisal review.
| ||
"Appraisal report" means any communication, written or | ||
oral, of an appraisal or appraisal review that is transmitted | ||
to a client upon completion of an assignment.
| ||
"Appraisal review" means the act or process of developing | ||
and communicating an opinion about the quality of another | ||
appraiser's work that was performed as part of an appraisal, | ||
appraisal review, or appraisal assignment.
| ||
"Appraisal Subcommittee" means the Appraisal Subcommittee | ||
of the Federal
Financial Institutions
Examination Council as | ||
established by Title XI.
| ||
"Appraiser" means a person who performs
real estate or | ||
real property
appraisals competently and in a manner that is | ||
independent, impartial, and objective. | ||
"Appraiser panel" means a network, list, or roster of | ||
licensed or certified appraisers approved by the appraisal | ||
management company or by the end-user client to perform | ||
appraisals as independent contractors for the appraisal | ||
management company. "Appraiser panel" includes both appraisers | ||
accepted by an appraisal management company for consideration | ||
for future appraisal assignments and appraisers engaged by an | ||
appraisal management company to perform one or more | ||
appraisals. For
the purposes of determining the size of an | ||
appraiser panel,
only independent contractors of hybrid |
entities shall be
counted towards the appraiser panel.
| ||
"AQB" means the Appraisal Qualifications Board of the | ||
Appraisal Foundation.
| ||
"Associate real estate trainee appraiser" means an | ||
entry-level appraiser who holds
a license of this | ||
classification under this Act with restrictions as to the | ||
scope of practice
in
accordance with this Act.
| ||
"Automated valuation model" means an automated system that | ||
is used to derive a property value through the use of available | ||
property records and various analytic methodologies such as | ||
comparable sales prices, home characteristics, and price | ||
changes. | ||
"Board" means the Real Estate Appraisal Administration and | ||
Disciplinary Board.
| ||
"Broker price opinion" means an estimate or analysis of | ||
the probable selling price of a particular interest in real | ||
estate, which may provide a varying level of detail about the | ||
property's condition, market, and neighborhood and information | ||
on comparable sales. The activities of a real estate broker or | ||
managing broker engaging in the ordinary course of business as | ||
a broker, as defined in this Section, shall not be considered a | ||
broker price opinion if no compensation is paid to the broker | ||
or managing broker, other than compensation based upon the | ||
sale or rental of real estate. | ||
"Classroom hour" means 50 minutes of instruction out of | ||
each 60-minute 60 minute
segment of coursework.
|
"Client" means the party or parties who engage an | ||
appraiser by employment or contract in a specific appraisal | ||
assignment.
| ||
"Comparative market analysis" is an analysis or opinion | ||
regarding pricing, marketing, or financial aspects relating to | ||
a specified interest or interests in real estate that may be | ||
based upon an analysis of comparative market data, the | ||
expertise of the real estate broker or managing broker, and | ||
such other factors as the broker or managing broker may deem | ||
appropriate in developing or preparing such analysis or | ||
opinion. The activities of a real estate broker or managing | ||
broker engaging in the ordinary course of business as a | ||
broker, as defined in this Section, shall not be considered a | ||
comparative market analysis if no compensation is paid to the | ||
broker or managing broker, other than compensation based upon | ||
the sale or rental of real estate. | ||
"Coordinator" means the Real Estate Appraisal Coordinator | ||
created in Section 25-15.
| ||
"Department" means the Department of Financial and | ||
Professional Regulation.
| ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the licensee's license file maintained by | ||
the Department. | ||
"Evaluation" means a valuation permitted by the appraisal | ||
regulations of the Federal Financial Institutions Examination |
Council and its federal agencies for transactions that qualify | ||
for the appraisal threshold exemption, business loan | ||
exemption, or subsequent transaction exemption. | ||
"Federal financial institutions regulatory agencies" means | ||
the Board of
Governors of the Federal Reserve
System, the | ||
Federal Deposit Insurance Corporation, the Office of the
| ||
Comptroller of the Currency, the
Consumer Financial Protection | ||
Bureau, and the National Credit Union Administration.
| ||
"Federally related transaction" means any real | ||
estate-related financial
transaction in which a federal
| ||
financial institutions regulatory agency
engages in, contracts | ||
for, or
regulates and requires the services
of an appraiser.
| ||
"Financial institution" means any bank, savings bank, | ||
savings and loan
association, credit union,
mortgage broker, | ||
mortgage banker, licensee under the Consumer Installment Loan
| ||
Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||
subsidiary, affiliate, parent
company, or holding company
of | ||
any such licensee, or any institution involved in real estate | ||
financing that
is regulated by state or
federal law.
| ||
"Hybrid entity" means an appraisal management company that | ||
hires an appraiser as an employee to perform an appraisal and | ||
engages an independent contractor to perform an appraisal. | ||
"License" means the privilege conferred by the Department | ||
to a person that has fulfilled all requirements prerequisite | ||
to any type of licensure under this Act. | ||
"Licensee" means any person, as defined in this Section, |
who holds a valid unexpired license. | ||
"Multi-state licensing system" means a web-based platform | ||
that allows an applicant to submit the application or license | ||
renewal application to the Department online. | ||
"Person" means an individual, entity, sole proprietorship, | ||
corporation, limited liability company, partnership, and joint | ||
venture, foreign or domestic, except that when the context | ||
otherwise requires, the term may refer to more than one | ||
individual or other described entity. | ||
"Real estate" means an identified parcel or tract of land, | ||
including any
improvements.
| ||
"Real estate related financial transaction" means any | ||
transaction involving:
| ||
(1) the sale, lease, purchase, investment in, or | ||
exchange of real
property,
including interests
in property | ||
or the financing thereof;
| ||
(2) the refinancing of real property or interests in | ||
real property; and
| ||
(3) the use of real property or interest in property | ||
as security for a
loan or
investment,
including mortgage | ||
backed securities.
| ||
"Real property" means the interests, benefits, and rights | ||
inherent in the
ownership of real estate.
| ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation or the Secretary's designee.
| ||
"State certified general real estate
appraiser" means an |
appraiser who holds a
license of this classification under | ||
this Act
and such classification applies to
the appraisal of | ||
all types of real property without restrictions as to
the | ||
scope of practice.
| ||
"State certified residential real estate
appraiser" means | ||
an appraiser who
holds a
license of this classification
under | ||
this Act
and such classification applies to
the appraisal of
| ||
one to 4 units of
residential real property without regard to | ||
transaction value or complexity,
but with restrictions as to | ||
the
scope of practice
in a federally related transaction in | ||
accordance with Title
XI, the provisions of USPAP,
criteria | ||
established by the AQB, and further defined by rule.
| ||
"Supervising appraiser" means either (i) an appraiser who | ||
holds a valid license under this Act as either a State | ||
certified general real estate appraiser or a State certified | ||
residential real estate appraiser, who co-signs an appraisal | ||
report for an associate real estate trainee appraiser or (ii) | ||
a State certified general real estate appraiser who holds a | ||
valid license under this Act who co-signs an appraisal report | ||
for a State certified residential real estate appraiser on | ||
properties other than one to 4 units of residential real | ||
property without regard to transaction value or complexity.
| ||
"Title XI" means Title XI of the federal Financial | ||
Institutions Reform,
Recovery , and
Enforcement Act of 1989.
| ||
"USPAP" means the Uniform Standards of Professional | ||
Appraisal Practice as
promulgated by the
Appraisal Standards |
Board pursuant to Title XI and by rule.
| ||
"Valuation services" means services pertaining to aspects | ||
of property value. | ||
(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
| ||
(225 ILCS 458/25-20)
| ||
(Text of Section before amendment by P.A. 102-20 )
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 25-20. Department; powers and duties. The Department | ||
of Financial and Professional Regulation
shall exercise the | ||
powers and duties prescribed by the Civil Administrative
Code | ||
of Illinois for the administration of licensing Acts and shall | ||
exercise
such other powers and duties as are prescribed by | ||
this Act for the
administration of this Act. The Department
| ||
may contract with third parties for services
necessary for the | ||
proper
administration of this Act, including , without | ||
limitation, investigators with
the proper knowledge, training,
| ||
and skills to properly investigate complaints against real | ||
estate appraisers.
| ||
In addition, the Department may receive federal financial | ||
assistance, either directly from the federal government or | ||
indirectly through another source, public or private, for the | ||
administration of this Act. The Department may also receive | ||
transfers, gifts, grants, or donations from any source, public | ||
or private, in the form of funds, services, equipment, | ||
supplies, or materials. Any funds received pursuant to this |
Section shall be deposited in the Appraisal Administration | ||
Fund unless deposit in a different fund is otherwise mandated, | ||
and shall be used in accordance with the requirements of the | ||
federal financial assistance, gift, grant, or donation for | ||
purposes related to the powers and duties of the Department.
| ||
The Department
shall maintain and update a registry of the | ||
names and addresses of
all licensees and a listing of | ||
disciplinary orders issued pursuant to this Act
and shall | ||
transmit the registry, along with any national registry fees | ||
that may
be required, to the entity specified by, and in a | ||
manner consistent with, Title
XI of the federal Financial | ||
Institutions Reform, Recovery , and Enforcement Act
of 1989.
| ||
(Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)
| ||
(Text of Section after amendment by P.A. 102-20 )
| ||
(Section scheduled to be repealed on January 1, 2027)
| ||
Sec. 25-20. Department; powers and duties. The Department | ||
of Financial and Professional Regulation
shall exercise the | ||
powers and duties prescribed by the Civil Administrative
Code | ||
of Illinois for the administration of licensing Acts and shall | ||
exercise
such other powers and duties as are prescribed by | ||
this Act for the
administration of this Act. The Department
| ||
may contract with third parties for services
necessary for the | ||
proper
administration of this Act, including , without | ||
limitation, investigators with
the proper knowledge, training,
| ||
and skills to investigate complaints against real estate |
appraisers.
| ||
In addition, the Department may receive federal financial | ||
assistance, either directly from the federal government or | ||
indirectly through another source, public or private, for the | ||
administration of this Act. The Department may also receive | ||
transfers, gifts, grants, or donations from any source, public | ||
or private, in the form of funds, services, equipment, | ||
supplies, or materials. Any funds received pursuant to this | ||
Section shall be deposited in the Appraisal Administration | ||
Fund unless deposit in a different fund is otherwise mandated , | ||
and shall be used in accordance with the requirements of the | ||
federal financial assistance, gift, grant, or donation for | ||
purposes related to the powers and duties of the Department.
| ||
The Department
shall maintain and update a registry of the | ||
names and addresses of
all licensees and a listing of | ||
disciplinary orders issued pursuant to this Act
and shall | ||
transmit the registry, along with any national registry fees | ||
that may
be required, to the entity specified by, and in a | ||
manner consistent with, Title
XI of the federal Financial | ||
Institutions Reform, Recovery , and Enforcement Act
of 1989.
| ||
(Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22; | ||
revised 7-17-21.) | ||
Section 150. The Appraisal Management Company Registration | ||
Act is amended by changing Section 10 as follows: |
(225 ILCS 459/10) | ||
(Text of Section before amendment by P.A. 102-20 )
| ||
Sec. 10. Definitions. In this Act: | ||
"Address of record" means the principal address recorded | ||
by the Department in the applicant's or registrant's | ||
application file or registration file maintained by the | ||
Department's registration maintenance unit. | ||
"Applicant" means a person or entity who applies to the | ||
Department for a registration under this Act. | ||
"Appraisal" means (noun) the act or process of developing | ||
an opinion of value; an opinion of value (adjective) of or | ||
pertaining to appraising and related functions. | ||
"Appraisal firm" means an appraisal entity that is 100% | ||
owned and controlled by a person or persons licensed in | ||
Illinois as a certified general real estate appraiser or a | ||
certified residential real estate appraiser. An appraisal firm | ||
does not include an appraisal management company. | ||
"Appraisal management company" means any corporation, | ||
limited liability company, partnership, sole proprietorship, | ||
subsidiary, unit, or other business entity that directly or | ||
indirectly: (1) provides appraisal management services to | ||
creditors or secondary mortgage market participants; (2) | ||
provides appraisal management services in connection with | ||
valuing the consumer's principal dwelling as security for a | ||
consumer credit transaction (including consumer credit | ||
transactions incorporated into securitizations); (3) within a |
given year, oversees an appraiser panel of any size of | ||
State-certified appraisers in Illinois; and (4) any appraisal | ||
management company that, within a given year, oversees an | ||
appraiser panel of 16 or more State-certified appraisers in | ||
Illinois or 25 or more State-certified or State-licensed | ||
appraisers in 2 or more jurisdictions shall be subject to the | ||
appraisal management company national registry fee in addition | ||
to the appraiser panel fee. "Appraisal management company" | ||
includes a hybrid entity. | ||
"Appraisal management company national registry fee" means | ||
the fee implemented pursuant to Title XI of the federal | ||
Financial Institutions Reform, Recovery , and Enforcement Act | ||
of 1989 for an appraiser management company's national | ||
registry. | ||
"Appraisal management services" means one or more of the | ||
following: | ||
(1) recruiting, selecting, and retaining appraisers; | ||
(2) contracting with State-certified or State-licensed | ||
appraisers to perform appraisal assignments; | ||
(3) managing the process of having an appraisal | ||
performed, including providing administrative services | ||
such as receiving appraisal orders and appraisal reports; | ||
submitting completed appraisal reports to creditors and | ||
secondary market participants; collecting compensation | ||
from creditors, underwriters, or secondary market | ||
participants for services provided; or paying appraisers |
for services performed; or | ||
(4) reviewing and verifying the work of appraisers. | ||
"Appraiser panel" means a network, list, or roster of | ||
licensed or certified appraisers approved by the appraisal | ||
management company or by the end-user client to perform | ||
appraisals for the appraisal management company. "Appraiser | ||
panel" includes both appraisers accepted by an appraisal | ||
management company for consideration for future appraisal | ||
assignments and appraisers engaged by an appraisal management | ||
company to perform one or more appraisals. | ||
"Appraiser panel fee" means the amount collected from a | ||
registrant that, where applicable, includes an appraisal | ||
management company's national registry fee. | ||
"Appraisal report" means a written appraisal by an | ||
appraiser to a client. | ||
"Appraisal practice service" means valuation services | ||
performed by an individual acting as an appraiser, including, | ||
but not limited to, appraisal or appraisal review. | ||
"Appraisal subcommittee" means the appraisal subcommittee | ||
of the Federal Financial Institutions Examination Council as | ||
established by Title XI. | ||
"Appraiser" means a person who performs real estate or | ||
real property appraisals. | ||
"Assignment result" means an appraiser's opinions and | ||
conclusions developed specific to an assignment. | ||
"Audit" includes, but is not limited to, an annual or |
special audit, visit, or review necessary under this Act or | ||
required by the Secretary or the Secretary's authorized | ||
representative in carrying out the duties and responsibilities | ||
under this Act. | ||
"Client" means the party or parties who engage an | ||
appraiser by employment or contract in a specific appraisal | ||
assignment. | ||
"Controlling person Person " means: | ||
(1) an owner, officer, or director of an entity | ||
seeking to offer appraisal management services; | ||
(2) an individual employed, appointed, or authorized | ||
by an appraisal management company who has the authority | ||
to: | ||
(A) enter into a contractual relationship with a | ||
client for the performance of an appraisal management | ||
service or appraisal practice service; and | ||
(B) enter into an agreement with an appraiser for | ||
the performance of a real estate appraisal activity; | ||
(3) an individual who possesses, directly or | ||
indirectly, the power to direct or cause the
direction of | ||
the management or policies of an appraisal management | ||
company; or
| ||
(4) an individual who will act as the sole compliance | ||
officer with regard to this Act and any rules adopted | ||
under this Act. | ||
"Coordinator" means the Coordinator of the Appraisal |
Management Company Registration Unit of the Department or his | ||
or her designee. | ||
"Covered transaction" means a consumer credit transaction | ||
secured by a consumer's principal dwelling. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the registrant's registration file | ||
maintained by the Department's registration maintenance unit. | ||
"Entity" means a corporation, a limited liability company, | ||
partnership, a sole proprietorship, or other entity providing | ||
services or holding itself out to provide services as an | ||
appraisal management company or an appraisal management | ||
service. | ||
"End-user client" means any person who utilizes or engages | ||
the services of an appraiser through an appraisal management | ||
company. | ||
"Federally regulated appraisal management company" means | ||
an appraisal management company that is owned and controlled | ||
by an insured depository institution, as defined in 12 U.S.C. | ||
1813, or an insured credit union, as defined in 12 U.S.C. 1752, | ||
and regulated by the Office of the Comptroller of the | ||
Currency, the Federal Reserve Board, the National Credit Union | ||
Association, or the Federal Deposit Insurance Corporation. | ||
"Financial institution" means any bank, savings bank, |
savings and loan association, credit union, mortgage broker, | ||
mortgage banker, registrant under the Consumer Installment | ||
Loan Act or the Sales Finance Agency Act, or a corporate | ||
fiduciary, subsidiary, affiliate, parent company, or holding | ||
company of any registrant, or any institution involved in real | ||
estate financing that is regulated by State or federal law. | ||
"Foreign appraisal management company" means any appraisal | ||
management company organized under the laws of any other state | ||
of the United States, the District of Columbia, or any other | ||
jurisdiction of the United States. | ||
"Hybrid entity" means an appraisal management company that | ||
hires an appraiser as an employee to perform an appraisal and | ||
engages an independent contractor to perform an appraisal. | ||
"Multi-state licensing system" means a web-based platform | ||
that allows an applicant to submit his or her application or | ||
registration renewal to the Department online. | ||
"Person" means individuals, entities, sole | ||
proprietorships, corporations, limited liability companies, | ||
and alien, foreign, or domestic partnerships, except that when | ||
the context otherwise requires, the term may refer to a single | ||
individual or other described entity.
| ||
"Principal dwelling" means a residential structure that | ||
contains one to 4 units, whether or not that structure is | ||
attached to real property. "Principal dwelling" includes an | ||
individual condominium unit, cooperative unit, manufactured | ||
home, mobile home, and trailer, if it is used as a residence. |
"Principal office" means the actual, physical business | ||
address, which shall not be a post office box or a virtual | ||
business address, of a registrant, at which (i) the Department | ||
may contact the registrant and (ii) records required under | ||
this Act are maintained. | ||
"Qualified to transact business in this State" means being | ||
in compliance with the requirements of the Business | ||
Corporation Act of 1983. | ||
"Quality control review" means a review of an appraisal | ||
report for compliance and completeness, including grammatical, | ||
typographical, or other similar errors, unrelated to | ||
developing an opinion of value. | ||
"Real estate" means an identified parcel or tract of land, | ||
including any improvements. | ||
"Real estate related financial transaction" means any | ||
transaction involving: | ||
(1) the sale, lease, purchase, investment in, or | ||
exchange of real property,
including interests in property | ||
or the financing thereof; | ||
(2) the refinancing of real property or interests in | ||
real property; and | ||
(3) the use of real property or interest in property | ||
as security for a loan or
investment, including mortgage | ||
backed securities. | ||
"Real property" means the interests, benefits, and rights | ||
inherent in the ownership of real estate. |
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"USPAP" means the Uniform Standards of Professional | ||
Appraisal Practice as adopted by the Appraisal Standards Board | ||
under Title XI. | ||
"Valuation" means any estimate of the value of real | ||
property in connection with a creditor's decision to provide | ||
credit, including those values developed under a policy of a | ||
government sponsored enterprise or by an automated valuation | ||
model or other methodology or mechanism.
| ||
"Written notice" means a communication transmitted by mail | ||
or by electronic means that can be verified between an | ||
appraisal management company and a licensed or certified real | ||
estate appraiser. | ||
(Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.) | ||
(Text of Section after amendment by P.A. 102-20 ) | ||
Sec. 10. Definitions. In this Act: | ||
"Address of record" means the principal address recorded | ||
by the Department in the applicant's or registrant's | ||
application file or registration file maintained by the | ||
Department's registration maintenance unit. | ||
"Applicant" means a person or entity who applies to the | ||
Department for a registration under this Act. | ||
"Appraisal" means (noun) the act or process of developing | ||
an opinion of value; an opinion of value (adjective) of or |
pertaining to appraising and related functions. | ||
"Appraisal firm" means an appraisal entity that is 100% | ||
owned and controlled by a person or persons licensed in | ||
Illinois as a certified general real estate appraiser or a | ||
certified residential real estate appraiser. An appraisal firm | ||
does not include an appraisal management company. | ||
"Appraisal management company" means any corporation, | ||
limited liability company, partnership, sole proprietorship, | ||
subsidiary, unit, or other business entity that directly or | ||
indirectly: (1) provides appraisal management services to | ||
creditors or secondary mortgage market participants, including | ||
affiliates; (2) provides appraisal management services in | ||
connection with valuing the consumer's principal dwelling as | ||
security for a consumer credit transaction (including consumer | ||
credit transactions incorporated into securitizations); and | ||
(3) any appraisal management company that, within a given | ||
12-month period, oversees an appraiser panel of 16 or more | ||
State-certified appraisers in Illinois or 25 or more | ||
State-certified or State-licensed appraisers in 2 or more | ||
jurisdictions. "Appraisal management company" includes a | ||
hybrid entity. | ||
"Appraisal management company national registry fee" means | ||
the fee implemented pursuant to Title XI of the federal | ||
Financial Institutions Reform, Recovery , and Enforcement Act | ||
of 1989 for an appraiser management company's national | ||
registry. |
"Appraisal management services" means one or more of the | ||
following: | ||
(1) recruiting, selecting, and retaining appraisers; | ||
(2) contracting with State-certified or State-licensed | ||
appraisers to perform appraisal assignments; | ||
(3) managing the process of having an appraisal | ||
performed, including providing administrative services | ||
such as receiving appraisal orders and appraisal reports; | ||
submitting completed appraisal reports to creditors and | ||
secondary market participants; collecting compensation | ||
from creditors, underwriters, or secondary market | ||
participants for services provided; or paying appraisers | ||
for services performed; or | ||
(4) reviewing and verifying the work of appraisers. | ||
"Appraiser panel" means a network, list, or roster of | ||
licensed or certified appraisers approved by the appraisal | ||
management company or by the end-user client to perform | ||
appraisals as independent contractors for the appraisal | ||
management company. "Appraiser panel" includes both appraisers | ||
accepted by an appraisal management company for consideration | ||
for future appraisal assignments and appraisers engaged by an | ||
appraisal management company to perform one or more | ||
appraisals. For the purposes of determining the size of an | ||
appraiser panel, only independent contractors of hybrid | ||
entities shall be counted towards the appraiser panel. | ||
"Appraiser panel fee" means the amount collected from a |
registrant that, where applicable, includes an appraisal | ||
management company's national registry fee. | ||
"Appraisal report" means a written appraisal by an | ||
appraiser to a client. | ||
"Appraisal practice service" means valuation services | ||
performed by an individual acting as an appraiser, including, | ||
but not limited to, appraisal or appraisal review. | ||
"Appraisal subcommittee" means the appraisal subcommittee | ||
of the Federal Financial Institutions Examination Council as | ||
established by Title XI. | ||
"Appraiser" means a person who performs real estate or | ||
real property appraisals. | ||
"Assignment result" means an appraiser's opinions and | ||
conclusions developed specific to an assignment. | ||
"Audit" includes, but is not limited to, an annual or | ||
special audit, visit, or review necessary under this Act or | ||
required by the Secretary or the Secretary's authorized | ||
representative in carrying out the duties and responsibilities | ||
under this Act. | ||
"Client" means the party or parties who engage an | ||
appraiser by employment or contract in a specific appraisal | ||
assignment. | ||
"Controlling person Person " means: | ||
(1) an owner, officer, or director of an entity | ||
seeking to offer appraisal management services; | ||
(2) an individual employed, appointed, or authorized |
by an appraisal management company who has the authority | ||
to: | ||
(A) enter into a contractual relationship with a | ||
client for the performance of an appraisal management | ||
service or appraisal practice service; and | ||
(B) enter into an agreement with an appraiser for | ||
the performance of a real estate appraisal activity; | ||
(3) an individual who possesses, directly or | ||
indirectly, the power to direct or cause the
direction of | ||
the management or policies of an appraisal management | ||
company; or
| ||
(4) an individual who will act as the sole compliance | ||
officer with regard to this Act and any rules adopted | ||
under this Act. | ||
"Covered transaction" means a consumer credit transaction | ||
secured by a consumer's principal dwelling. | ||
"Department" means the Department of Financial and | ||
Professional Regulation. | ||
"Email address of record" means the designated email | ||
address recorded by the Department in the applicant's | ||
application file or the registrant's registration file | ||
maintained by the Department's registration maintenance unit. | ||
"Entity" means a corporation, a limited liability company, | ||
partnership, a sole proprietorship, or other entity providing | ||
services or holding itself out to provide services as an | ||
appraisal management company or an appraisal management |
service. | ||
"End-user client" means any person who utilizes or engages | ||
the services of an appraiser through an appraisal management | ||
company. | ||
"Federally regulated appraisal management company" means | ||
an appraisal management company that is owned and controlled | ||
by an insured depository institution, as defined in 12 U.S.C. | ||
1813, or an insured credit union, as defined in 12 U.S.C. 1752, | ||
and regulated by the Office of the Comptroller of the | ||
Currency, the Federal Reserve Board, the National Credit Union | ||
Association, or the Federal Deposit Insurance Corporation. | ||
"Financial institution" means any bank, savings bank, | ||
savings and loan association, credit union, mortgage broker, | ||
mortgage banker, registrant under the Consumer Installment | ||
Loan Act or the Sales Finance Agency Act, or a corporate | ||
fiduciary, subsidiary, affiliate, parent company, or holding | ||
company of any registrant, or any institution involved in real | ||
estate financing that is regulated by State or federal law. | ||
"Foreign appraisal management company" means any appraisal | ||
management company organized under the laws of any other state | ||
of the United States, the District of Columbia, or any other | ||
jurisdiction of the United States. | ||
"Hybrid entity" means an appraisal management company that | ||
hires an appraiser as an employee to perform an appraisal and | ||
engages an independent contractor to perform an appraisal. | ||
"Multi-state licensing system" means a web-based platform |
that allows an applicant to submit the application or | ||
registration renewal to the Department online. | ||
"Person" means individuals, entities, sole | ||
proprietorships, corporations, limited liability companies, | ||
and alien, foreign, or domestic partnerships, except that when | ||
the context otherwise requires, the term may refer to a single | ||
individual or other described entity.
| ||
"Principal dwelling" means a residential structure that | ||
contains one to 4 units, whether or not that structure is | ||
attached to real property. "Principal dwelling" includes an | ||
individual condominium unit, cooperative unit, manufactured | ||
home, mobile home, and trailer, if it is used as a residence. | ||
"Principal office" means the actual, physical business | ||
address, which shall not be a post office box or a virtual | ||
business address, of a registrant, at which (i) the Department | ||
may contact the registrant and (ii) records required under | ||
this Act are maintained. | ||
"Qualified to transact business in this State" means being | ||
in compliance with the requirements of the Business | ||
Corporation Act of 1983. | ||
"Quality control review" means a review of an appraisal | ||
report for compliance and completeness, including grammatical, | ||
typographical, or other similar errors, unrelated to | ||
developing an opinion of value. | ||
"Real estate" means an identified parcel or tract of land, | ||
including any improvements. |
"Real estate related financial transaction" means any | ||
transaction involving: | ||
(1) the sale, lease, purchase, investment in, or | ||
exchange of real property,
including interests in property | ||
or the financing thereof; | ||
(2) the refinancing of real property or interests in | ||
real property; and | ||
(3) the use of real property or interest in property | ||
as security for a loan or
investment, including mortgage | ||
backed securities. | ||
"Real property" means the interests, benefits, and rights | ||
inherent in the ownership of real estate. | ||
"Secretary" means the Secretary of Financial and | ||
Professional Regulation. | ||
"USPAP" means the Uniform Standards of Professional | ||
Appraisal Practice as adopted by the Appraisal Standards Board | ||
under Title XI. | ||
"Valuation" means any estimate of the value of real | ||
property in connection with a creditor's decision to provide | ||
credit, including those values developed under a policy of a | ||
government sponsored enterprise or by an automated valuation | ||
model or other methodology or mechanism.
| ||
"Written notice" means a communication transmitted by mail | ||
or by electronic means that can be verified between an | ||
appraisal management company and a licensed or certified real | ||
estate appraiser. |
(Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.) | ||
Section 155. The Hydraulic Fracturing Regulatory Act is | ||
amended by changing Section 1-77 as follows: | ||
(225 ILCS 732/1-77)
| ||
Sec. 1-77. Chemical disclosure; trade secret protection. | ||
(a) If the chemical disclosure information required by | ||
paragraph (8) of subsection (b) of Section 1-35 of this Act is | ||
not submitted at the time of permit application, then the | ||
permittee, applicant, or person who will perform high volume | ||
horizontal hydraulic fracturing operations at the well shall | ||
submit this information to the Department in electronic format | ||
no less than 21 calendar days prior to performing the high | ||
volume horizontal hydraulic fracturing operations. The | ||
permittee shall not cause or allow any stimulation of the well | ||
if it is not in compliance with this Section. Nothing in this | ||
Section shall prohibit the person performing high volume | ||
horizontal hydraulic fracturing operations from adjusting or | ||
altering the contents of the fluid during the treatment | ||
process to respond to unexpected conditions, as long as the | ||
permittee or the person performing the high volume horizontal | ||
hydraulic fracturing operations notifies the Department by | ||
electronic mail within 24 hours of the departure from the | ||
initial treatment design and includes a brief explanation of | ||
the reason for the departure.
|
(b) No permittee shall use the services of another person | ||
to perform high volume horizontal hydraulic fracturing | ||
operations unless the person is in compliance with this | ||
Section.
| ||
(c) Any person performing high volume horizontal hydraulic | ||
fracturing operations within this State shall:
| ||
(1) be authorized to do business in this State; and | ||
(2) maintain and disclose to the Department separate | ||
and up-to-date master lists of: | ||
(A) the base fluid to be used during any high | ||
volume horizontal hydraulic fracturing operations | ||
within this State;
| ||
(B) all hydraulic fracturing additives to be used | ||
during any high volume horizontal hydraulic fracturing | ||
operations within this State; and
| ||
(C) all chemicals and associated Chemical Abstract | ||
Service numbers to be used in any high volume | ||
horizontal hydraulic fracturing operations within this | ||
State.
| ||
(d) Persons performing high volume horizontal hydraulic | ||
fracturing operations are prohibited from using any base | ||
fluid, hydraulic fracturing additive, or chemical not listed | ||
on their master lists disclosed under paragraph (2) of | ||
subsection (c) of this Section.
| ||
(e) The Department shall assemble and post up-to-date | ||
copies of the master lists it receives under paragraph (2) of |
subsection (c) of this Section on its website in accordance | ||
with Section 1-110 of this Act.
| ||
(f) Where an applicant, permittee, or the person | ||
performing high volume horizontal hydraulic fracturing | ||
operations furnishes chemical disclosure information to the | ||
Department under this Section, Section 1-35, or Section 1-75 | ||
of this Act under a claim of trade secret, the applicant, | ||
permittee, or person performing high volume horizontal | ||
hydraulic fracturing operations shall submit redacted and | ||
un-redacted copies of the documents containing the information | ||
to the Department and the Department shall use the redacted | ||
copies when posting materials on its website.
| ||
(g) Upon submission or within 5 calendar days of | ||
submission of chemical disclosure information to the | ||
Department under this Section, Section 1-35, or Section 1-75 | ||
of this Act under a claim of trade secret, the person that | ||
claimed trade secret protection shall provide a justification | ||
of the claim containing the following: a detailed description | ||
of the procedures used by the person to safeguard the | ||
information from becoming available to persons other than | ||
those selected by the person to have access to the information | ||
for limited purposes; a detailed statement identifying the | ||
persons or class of persons to whom the information has been | ||
disclosed; a certification that the person has no knowledge | ||
that the information has ever been published or disseminated | ||
or has otherwise become a matter of general public knowledge; |
a detailed discussion of why the person believes the | ||
information to be of competitive value; and any other | ||
information that shall support the claim.
| ||
(h) Chemical disclosure information furnished under this | ||
Section, Section 1-35, or Section 1-75 of this Act under a | ||
claim of trade secret shall be protected from disclosure as a | ||
trade secret if the Department determines that the statement | ||
of justification demonstrates that:
| ||
(1) the information has not been published, | ||
disseminated, or otherwise become a matter of general | ||
public knowledge; and
| ||
(2) the information has competitive value. | ||
There is a rebuttable presumption that the information has | ||
not been published, disseminated, or otherwise become a matter | ||
of general public knowledge if the person has taken reasonable | ||
measures to prevent the information from becoming available to | ||
persons other than those selected by the person to have access | ||
to the information for limited purposes and the statement of | ||
justification contains a certification that the person has no | ||
knowledge that the information has ever been published, | ||
disseminated, or otherwise become a matter of general public | ||
knowledge.
| ||
(i) Denial of a trade secret request under this Section | ||
shall be appealable under the Administrative Review Law. | ||
(j) A person whose request to inspect or copy a public | ||
record is denied, in whole or in part, because of a grant of |
trade secret protection may file a request for review with the | ||
Public Access Counselor under Section 9.5 of the Freedom of | ||
Information Act or for injunctive or declaratory relief under | ||
Section 11 of the Freedom of Information Act for the purpose of | ||
reviewing whether the Department properly determined that the | ||
trade secret protection should be granted.
| ||
(k) Except as otherwise provided in subsections (l) and | ||
(m) of this Section, the Department must maintain the | ||
confidentiality of chemical disclosure information furnished | ||
under this Section, Section 1-35, or Section 1-75 of this Act | ||
under a claim of trade secret, until the Department receives | ||
official notification of a final order by a reviewing body | ||
with proper jurisdiction that is not subject to further appeal | ||
rejecting a grant of trade secret protection for that | ||
information.
| ||
(l) The Department shall adopt rules for the provision of | ||
information furnished under a claim of trade secret to a | ||
health professional who states a need for the information and | ||
articulates why the information is needed. The health | ||
professional may share that information with other persons as | ||
may be professionally necessary, including, but not limited | ||
to, the affected patient, other health professionals involved | ||
in the treatment of the affected patient, the affected | ||
patient's family members if the affected patient is | ||
unconscious, is unable to make medical decisions, or is a | ||
minor, the Centers for Disease Control and Prevention , and |
other government public health agencies. Except as otherwise | ||
provided in this Section, any recipient of the information | ||
shall not use the information for purposes other than the | ||
health needs asserted in the request and shall otherwise | ||
maintain the information as confidential. Information so | ||
disclosed to a health professional shall in no way be | ||
construed as publicly available. The holder of the trade | ||
secret may request a confidentiality agreement consistent with | ||
the requirements of this Section from all health professionals | ||
to whom the information is disclosed as soon as circumstances | ||
permit. The rules adopted by the Department shall also | ||
establish procedures for providing the information in both | ||
emergency and non-emergency situations.
| ||
(m) In the event of a release of hydraulic fracturing | ||
fluid, a hydraulic fracturing additive, or hydraulic | ||
fracturing flowback, and when necessary to protect public | ||
health or the environment, the Department may disclose | ||
information furnished under a claim of trade secret to the | ||
relevant county public health director or emergency manager, | ||
the relevant fire department chief, the Director of the | ||
Illinois Department of Public Health, the Director of the | ||
Illinois Department of Agriculture, and the Director of the | ||
Illinois Environmental Protection Agency upon request by that | ||
individual. The Director of the Illinois Department of Public | ||
Health, and the Director of the Illinois Environmental | ||
Protection Agency, and the Director of the Illinois Department |
of Agriculture may disclose this information to staff members | ||
under the same terms and conditions as apply to the Director of | ||
Natural Resources. Except as otherwise provided in this | ||
Section, any recipient of the information shall not use the | ||
information for purposes other than to protect public health | ||
or the environment and shall otherwise maintain the | ||
information as confidential. Information disclosed to staff | ||
shall in no way be construed as publicly available. The holder | ||
of the trade secret information may request a confidentiality | ||
agreement consistent with the requirements of this Section | ||
from all persons to whom the information is disclosed as soon | ||
as circumstances permit.
| ||
(Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.) | ||
Section 160. The Sports Wagering Act is amended by | ||
changing Section 25-90 as follows: | ||
(230 ILCS 45/25-90)
| ||
Sec. 25-90. Tax; Sports Wagering Fund. | ||
(a) For the privilege of holding a license to operate | ||
sports wagering under this Act, this State shall impose and | ||
collect 15% of a master sports wagering licensee's adjusted | ||
gross sports wagering receipts from sports wagering. The | ||
accrual method of accounting shall be used for purposes of | ||
calculating the amount of the tax owed by the licensee. | ||
The taxes levied and collected pursuant to this subsection |
(a) are due and payable to the Board no later than the last day | ||
of the month following the calendar month in which the | ||
adjusted gross sports wagering receipts were received and the | ||
tax obligation was accrued. | ||
(a-5) In addition to the tax imposed under subsection (a) | ||
of this Section, for the privilege of holding a license to | ||
operate sports wagering under this Act, the State shall impose | ||
and collect 2% of the adjusted gross receipts from sports | ||
wagers that are placed within a home rule county with a | ||
population of over 3,000,000 inhabitants, which shall be paid, | ||
subject to appropriation from the General Assembly, from the | ||
Sports Wagering Fund to that home rule county for the purpose | ||
of enhancing the county's criminal justice system. | ||
(b) The Sports Wagering Fund is hereby created as a | ||
special fund in the State treasury. Except as otherwise | ||
provided in this Act, all moneys collected under this Act by | ||
the Board shall be deposited into the Sports Wagering Fund. On | ||
the 25th of each month, any moneys remaining in the Sports | ||
Wagering Fund in excess of the anticipated monthly | ||
expenditures from the Fund through the next month, as | ||
certified by the Board to the State Comptroller, shall be | ||
transferred by the State Comptroller and the State Treasurer | ||
to the Capital Projects Fund. | ||
(c) Beginning with July 2021, and on a monthly basis | ||
thereafter, the Board shall certify to the State Comptroller | ||
the amount of license fees collected in the month for initial |
licenses issued under this Act, except for occupational | ||
licenses. As soon after certification as practicable, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer the certified amount from the Sports Wagering Fund to | ||
the Rebuild Illinois Projects Fund.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 102-16, eff. 6-17-21; | ||
revised 7-16-21.) | ||
Section 165. The Illinois Public Aid Code is amended by | ||
changing Sections 5-5.7a and 5-5e as follows: | ||
(305 ILCS 5/5-5.7a) | ||
Sec. 5-5.7a. Pandemic related stability payments for | ||
health care providers. Notwithstanding other provisions of | ||
law, and in accordance with the Illinois Emergency Management | ||
Agency, the Department of Healthcare and Family Services shall | ||
develop a process to distribute pandemic related stability | ||
payments, from federal sources dedicated for such purposes, to | ||
health care providers that are providing care to recipients | ||
under the Medical Assistance Program. For provider types | ||
serving residents who are recipients of medical assistance | ||
under this Code and are funded by other State agencies, the | ||
Department will coordinate the distribution process of the | ||
pandemic related stability payments. Federal sources dedicated | ||
to pandemic related payments include, but are not limited to, | ||
funds distributed to the State of Illinois from the |
Coronavirus Relief Fund pursuant to the Coronavirus Aid, | ||
Relief, and Economic Security Act ("CARES Act") and from the | ||
Coronavirus State Fiscal Recovery Fund pursuant to Section | ||
9901 of the American Rescue Plan Act of 2021, that are | ||
appropriated to the Department during Fiscal Years 2020, 2021, | ||
and 2022 for purposes permitted by those federal laws and | ||
related federal guidance. | ||
(1) Pandemic related stability payments for these | ||
providers shall be separate and apart from any rate | ||
methodology otherwise defined in this Code to the extent | ||
permitted in accordance with Section 5001 of the CARES Act | ||
and Section 9901 of the American Rescue Plan Act of 2021 | ||
and any related federal guidance. | ||
(2) Payments made from moneys received from the | ||
Coronavirus Relief Fund shall be used exclusively for | ||
expenses incurred by the providers that are eligible for | ||
reimbursement from the Coronavirus Relief Fund in | ||
accordance with Section 5001 of the CARES Act and related | ||
federal guidance. Payments made from moneys received from | ||
the Coronavirus State Fiscal Recovery Fund shall be used | ||
exclusively for purposes permitted by Section 9901 of the | ||
American Rescue Plan Act of 2021 and related federal | ||
guidance. | ||
(3) All providers receiving pandemic related stability | ||
payments shall attest in a format to be created by the | ||
Department and be able to demonstrate that their expenses |
are pandemic related, were not part of their annual | ||
budgets established before March 1, 2020, and are directly | ||
associated with health care needs. | ||
(4) Pandemic related stability payments will be | ||
distributed based on a schedule and framework to be | ||
established by the Department with recognition of the | ||
pandemic related acuity of the situation for each | ||
provider, taking into account the factors including, but | ||
not limited to, the following : ; | ||
(A) the impact of the pandemic on patients served, | ||
impact on staff, and shortages of the personal | ||
protective equipment necessary for infection control | ||
efforts for all providers; | ||
(B) COVID-19 positivity rates among staff, or | ||
patients, or both; | ||
(C) pandemic related workforce challenges and | ||
costs associated with temporary wage increases | ||
associated with pandemic related hazard pay programs, | ||
or costs associated with which providers do not have | ||
enough staff to adequately provide care and protection | ||
to the residents and other staff; | ||
(D) providers with significant reductions in | ||
utilization that result in corresponding reductions in | ||
revenue as a result of the pandemic, including , but | ||
not limited to , the cancellation or postponement of | ||
elective procedures and visits; |
(E) pandemic related payments received directly by | ||
the providers through other federal resources; | ||
(F) current efforts to respond to and provide | ||
services to communities disproportionately impacted by | ||
the COVID-19 public health emergency, including | ||
low-income and socially vulnerable communities that | ||
have seen the most severe health impacts and | ||
exacerbated health inequities along racial, ethnic, | ||
and socioeconomic lines; and | ||
(G) provider needs for capital improvements to | ||
existing facilities, including upgrades to HVAC and | ||
ventilation systems and capital improvements for | ||
enhancing infection control or reducing crowding, | ||
which may include bed-buybacks. | ||
(5) Pandemic related stability payments made from | ||
moneys received from the Coronavirus Relief Fund will be | ||
distributed to providers based on a methodology to be | ||
administered by the Department with amounts determined by | ||
a calculation of total federal pandemic related funds | ||
appropriated by the Illinois General Assembly for this | ||
purpose. Providers receiving the pandemic related | ||
stability payments will attest to their increased costs, | ||
declining revenues, and receipt of additional pandemic | ||
related funds directly from the federal government. | ||
(6) Of the payments provided for by this Section made | ||
from moneys received from the Coronavirus Relief Fund, a |
minimum of 30% shall be allotted for health care providers | ||
that serve the ZIP codes located in the most | ||
disproportionately impacted areas of Illinois, based on | ||
positive COVID-19 cases based on data collected by the | ||
Department of Public Health and provided to the Department | ||
of Healthcare and Family Services. | ||
(7) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, | ||
the Department shall expend such funds only for purposes | ||
permitted by Section 9901 of the American Rescue Plan Act | ||
of 2021 and related federal guidance. Such expenditures | ||
may include, but are not limited to: payments to providers | ||
for costs incurred due to the COVID-19 public health | ||
emergency; unreimbursed costs for testing and treatment of | ||
uninsured Illinois residents; costs of COVID-19 mitigation | ||
and prevention; medical expenses related to aftercare or | ||
extended care for COVID-19 patients with longer term | ||
symptoms and effects; costs of behavioral health care; | ||
costs of public health and safety staff; and expenditures | ||
permitted in order to address (i) disparities in public | ||
health outcomes, (ii) nursing and other essential health | ||
care workforce investments, (iii) exacerbation of | ||
pre-existing disparities, and (iv) promoting healthy | ||
childhood environments. | ||
(8) From funds appropriated, directly or indirectly, |
from moneys received by the State from the Coronavirus | ||
State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, | ||
the Department shall establish a program for making | ||
payments to long term care service providers and | ||
facilities, for purposes related to financial support for | ||
workers in the long term care industry, but only as | ||
permitted by either the CARES Act or Section 9901 of the | ||
American Rescue Plan Act of 2021 and related federal | ||
guidance, including, but not limited to the following: | ||
monthly amounts of $25,000,000 per month for July 2021, | ||
August 2021, and September 2021 where at least 50% of the | ||
funds in July shall be passed directly to front line | ||
workers and an additional 12.5% more in each of the next 2 | ||
months; financial support programs for providers enhancing | ||
direct care staff recruitment efforts through the payment | ||
of education expenses; and financial support programs for | ||
providers offering enhanced and expanded training for all | ||
levels of the long term care healthcare workforce to | ||
achieve better patient outcomes, such as training on | ||
infection control, proper personal protective equipment, | ||
best practices in quality of care, and culturally | ||
competent patient communications. The Department shall | ||
have the authority to audit and potentially recoup funds | ||
not utilized as outlined and attested. | ||
(9) From funds appropriated, directly or indirectly, | ||
from moneys received by the State from the Coronavirus |
State Fiscal Recovery Fund for Fiscal Years 2022 through | ||
2024 the Department shall establish a program for making | ||
payments to facilities licensed under the Nursing Home | ||
Care Act and facilities licensed under the Specialized | ||
Mental Health Rehabilitation Act of 2013. To the extent | ||
permitted by Section 9901 of the American Rescue Plan Act | ||
of 2021 and related federal guidance, the program shall | ||
provide payments for making permanent improvements to | ||
resident rooms in order to improve resident outcomes and | ||
infection control. Funds may be used to reduce bed | ||
capacity and room occupancy. To be eligible for funding, a | ||
facility must submit an application to the Department as | ||
prescribed by the Department and as published on its | ||
website. A facility may need to receive approval from the | ||
Health Facilities and Services Review Board for the | ||
permanent improvements or the removal of the beds before | ||
it can receive payment under this paragraph.
| ||
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; | ||
revised 7-16-21.) | ||
(305 ILCS 5/5-5e) | ||
Sec. 5-5e. Adjusted rates of reimbursement. | ||
(a) Rates or payments for services in effect on June 30, | ||
2012 shall be adjusted and
services shall be affected as | ||
required by any other provision of Public Act 97-689. In | ||
addition, the Department shall do the following: |
(1) Delink the per diem rate paid for supportive | ||
living facility services from the per diem rate paid for | ||
nursing facility services, effective for services provided | ||
on or after May 1, 2011 and before July 1, 2019. | ||
(2) Cease payment for bed reserves in nursing | ||
facilities and specialized mental health rehabilitation | ||
facilities; for purposes of therapeutic home visits for | ||
individuals scoring as TBI on the MDS 3.0, beginning June | ||
1, 2015, the Department shall approve payments for bed | ||
reserves in nursing facilities and specialized mental | ||
health rehabilitation facilities that have at least a 90% | ||
occupancy level and at least 80% of their residents are | ||
Medicaid eligible. Payment shall be at a daily rate of 75% | ||
of an individual's current Medicaid per diem and shall not | ||
exceed 10 days in a calendar month. | ||
(2.5) Cease payment for bed reserves for purposes of | ||
inpatient hospitalizations to intermediate care facilities | ||
for persons with developmental disabilities, except in the | ||
instance of residents who are under 21 years of age. | ||
(3) Cease payment of the $10 per day add-on payment to | ||
nursing facilities for certain residents with | ||
developmental disabilities. | ||
(b) After the application of subsection (a), | ||
notwithstanding any other provision of this
Code to the | ||
contrary and to the extent permitted by federal law, on and | ||
after July 1,
2012, the rates of reimbursement for services |
and other payments provided under this
Code shall further be | ||
reduced as follows: | ||
(1) Rates or payments for physician services, dental | ||
services, or community health center services reimbursed | ||
through an encounter rate, and services provided under the | ||
Medicaid Rehabilitation Option of the Illinois Title XIX | ||
State Plan shall not be further reduced, except as | ||
provided in Section 5-5b.1. | ||
(2) Rates or payments, or the portion thereof, paid to | ||
a provider that is operated by a unit of local government | ||
or State University that provides the non-federal share of | ||
such services shall not be further reduced, except as | ||
provided in Section 5-5b.1. | ||
(3) Rates or payments for hospital services delivered | ||
by a hospital defined as a Safety-Net Hospital under | ||
Section 5-5e.1 of this Code shall not be further reduced, | ||
except as provided in Section 5-5b.1. | ||
(4) Rates or payments for hospital services delivered | ||
by a Critical Access Hospital, which is an Illinois | ||
hospital designated as a critical care hospital by the | ||
Department of Public Health in accordance with 42 CFR 485, | ||
Subpart F, shall not be further reduced, except as | ||
provided in Section 5-5b.1. | ||
(5) Rates or payments for Nursing Facility Services | ||
shall only be further adjusted pursuant to Section 5-5.2 | ||
of this Code. |
(6) Rates or payments for services delivered by long | ||
term care facilities licensed under the ID/DD Community | ||
Care Act or the MC/DD Act and developmental training | ||
services shall not be further reduced. | ||
(7) Rates or payments for services provided under | ||
capitation rates shall be adjusted taking into | ||
consideration the rates reduction and covered services | ||
required by Public Act 97-689. | ||
(8) For hospitals not previously described in this | ||
subsection, the rates or payments for hospital services | ||
provided before July 1, 2021, shall be further reduced by | ||
3.5%, except for payments authorized under Section 5A-12.4 | ||
of this Code. For hospital services provided on or after | ||
July 1, 2021, all rates for hospital services previously | ||
reduced pursuant to Public Act P.A. 97-689 shall be | ||
increased to reflect the discontinuation of any hospital | ||
rate reductions authorized in this paragraph (8). | ||
(9) For all other rates or payments for services | ||
delivered by providers not specifically referenced in | ||
paragraphs (1) through (7), rates or payments shall be | ||
further reduced by 2.7%. | ||
(c) Any assessment imposed by this Code shall continue and | ||
nothing in this Section shall be construed to cause it to | ||
cease.
| ||
(d) Notwithstanding any other provision of this Code to | ||
the contrary, subject to federal approval under Title XIX of |
the Social Security Act, for dates of service on and after July | ||
1, 2014, rates or payments for services provided for the | ||
purpose of transitioning children from a hospital to home | ||
placement or other appropriate setting by a children's | ||
community-based health care center authorized under the | ||
Alternative Health Care Delivery Act shall be $683 per day. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; | ||
102-16, eff. 6-17-21; revised 7-16-21.) | ||
Section 170. The Cannabis Regulation and Tax Act is | ||
amended by changing Section 55-28 as follows: | ||
(410 ILCS 705/55-28)
| ||
Sec. 55-28. Restricted cannabis zones. | ||
(a) As used in this Section: | ||
"Legal voter" means a person: | ||
(1) who is duly registered to vote in a municipality | ||
with a population of over 500,000; | ||
(2) whose name appears on a poll list compiled by the | ||
city board of election commissioners since the last | ||
preceding election, regardless of whether the election was | ||
a primary, general, or special election; | ||
(3) who, at the relevant time, is a resident of the | ||
address at which he or she is registered to vote; and |
(4) whose address, at the relevant time, is located in | ||
the precinct where such person seeks to file a notice of | ||
intent to initiate a petition process, circulate a | ||
petition, or sign a petition under this Section. | ||
As used in the definition of "legal voter", "relevant | ||
time" means any time that: | ||
(i) a notice of intent is filed, pursuant to | ||
subsection (c) of this Section, to initiate the petition | ||
process under this Section; | ||
(ii) the petition is circulated for signature in the | ||
applicable precinct; or | ||
(iii) the petition is signed by registered voters in | ||
the applicable precinct. | ||
"Petition" means the petition described in this Section. | ||
"Precinct" means the smallest constituent territory within | ||
a municipality with a population of over 500,000 in which | ||
electors vote as a unit at the same polling place in any | ||
election governed by the Election Code. | ||
"Restricted cannabis zone" means a precinct within which | ||
home cultivation, one or more types of cannabis business | ||
establishments, or both has been prohibited pursuant to an | ||
ordinance initiated by a petition under this Section. | ||
(b) The legal voters of any precinct within a municipality | ||
with a population of over 500,000 may petition their local | ||
alderperson, using a petition form made available online by | ||
the city clerk, to introduce an ordinance establishing the |
precinct as a restricted zone. Such petition shall specify | ||
whether it seeks an ordinance to prohibit, within the | ||
precinct: (i) home cultivation; (ii) one or more types of | ||
cannabis business establishments; or (iii) home cultivation | ||
and one or more types of cannabis business establishments. | ||
Upon receiving a petition containing the signatures of at | ||
least 25% of the registered voters of the precinct, and | ||
concluding that the petition is legally sufficient following | ||
the posting and review process in subsection (c) of this | ||
Section, the city clerk shall notify the local alderperson of | ||
the ward in which the precinct is located. Upon being | ||
notified, that alderperson, following an assessment of | ||
relevant factors within the precinct, including , but not | ||
limited to, its geography, density and character, the | ||
prevalence of residentially zoned property, current licensed | ||
cannabis business establishments in the precinct, the current | ||
amount of home cultivation in the precinct, and the prevailing | ||
viewpoint with regard to the issue raised in the petition, may | ||
introduce an ordinance to the municipality's governing body | ||
creating a restricted cannabis zone in that precinct. | ||
(c) A person seeking to initiate the petition process | ||
described in this Section shall first submit to the city clerk | ||
notice of intent to do so, on a form made available online by | ||
the city clerk. That notice shall include a description of the | ||
potentially affected area and the scope of the restriction | ||
sought. The city clerk shall publicly post the submitted |
notice online. | ||
To be legally sufficient, a petition must contain the | ||
requisite number of valid signatures and all such signatures | ||
must be obtained within 90 days of the date that the city clerk | ||
publicly posts the notice of intent. Upon receipt, the city | ||
clerk shall post the petition on the municipality's website | ||
for a 30-day comment period. The city clerk is authorized to | ||
take all necessary and appropriate steps to verify the legal | ||
sufficiency of a submitted petition. Following the petition | ||
review and comment period, the city clerk shall publicly post | ||
online the status of the petition as accepted or rejected, and | ||
if rejected, the reasons therefor. If the city clerk rejects a | ||
petition as legally insufficient, a minimum of 12 months must | ||
elapse from the time the city clerk posts the rejection notice | ||
before a new notice of intent for that same precinct may be | ||
submitted. | ||
(c-5) Within 3 days after receiving an application for | ||
zoning approval to locate a cannabis business establishment | ||
within a municipality with a population of over 500,000, the | ||
municipality shall post a public notice of the filing on its | ||
website and notify the alderperson alderman of the ward in | ||
which the proposed cannabis business establishment is to be | ||
located of the filing. No action shall be taken on the zoning | ||
application for 7 business days following the notice of the | ||
filing for zoning approval. | ||
If a notice of intent to initiate the petition process to |
prohibit the type of cannabis business establishment proposed | ||
in the precinct of the proposed cannabis business | ||
establishment is filed prior to the filing of the application | ||
or within the 7-day period after the filing of the | ||
application, the municipality shall not approve the | ||
application for at least 90 days after the city clerk publicly | ||
posts the notice of intent to initiate the petition process. | ||
If a petition is filed within the 90-day petition-gathering | ||
period described in subsection (c), the municipality shall not | ||
approve the application for an additional 90 days after the | ||
city clerk's receipt of the petition; provided that if the | ||
city clerk rejects a petition as legally insufficient, the | ||
municipality may approve the application prior to the end of | ||
the 90 days. If a petition is not submitted within the 90-day | ||
petition-gathering period described in subsection (c), the | ||
municipality may approve the application unless the approval | ||
is otherwise stayed pursuant to this subsection by a separate | ||
notice of intent to initiate the petition process filed timely | ||
within the 7-day period. | ||
If no legally sufficient petition is timely filed, a | ||
minimum of 12 months must elapse before a new notice of intent | ||
for that same precinct may be submitted. | ||
(d) Notwithstanding any law to the contrary, the | ||
municipality may enact an ordinance creating a restricted | ||
cannabis zone. The ordinance shall: | ||
(1) identify the applicable precinct boundaries as of |
the date of the petition; | ||
(2) state whether the ordinance prohibits within the | ||
defined boundaries of the precinct, and in what | ||
combination: (A) one or more types of cannabis business | ||
establishments; or (B) home cultivation; | ||
(3) be in effect for 4 years, unless repealed earlier; | ||
and | ||
(4) once in effect, be subject to renewal by ordinance | ||
at the expiration of the 4-year period without the need | ||
for another supporting petition.
| ||
(e) An Early Approval Adult Use Dispensing Organization | ||
License permitted to relocate under subsection (b-5) of | ||
Section 15-15 shall not relocate to a restricted cannabis | ||
zone. | ||
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19; | ||
102-15, eff. 6-17-21; 102-98, eff. 7-15-21; revised 8-3-21.) | ||
Section 175. The Reimagine Public Safety Act is amended by | ||
changing Section 35-10 as follows: | ||
(430 ILCS 69/35-10)
| ||
Sec. 35-10. Definitions. As used in this Act: | ||
"Approved technical assistance and training provider" | ||
means an organization that has experience in improving the | ||
outcomes of local community-based organizations by providing | ||
supportive services that address the gaps in their resources |
and knowledge about content-based work or provide support and | ||
knowledge about the administration and management of | ||
organizations, or both. Approved technical assistance and | ||
training providers as defined in this Act are intended to | ||
assist community organizations with evaluating the need for | ||
evidence-based evidenced-based violence prevention services, | ||
promising violence prevention programs, starting up | ||
programming, and strengthening the quality of existing | ||
programming. | ||
"Communities" means, for municipalities with a 1,000,000 | ||
or more population in Illinois, the 77 designated areas | ||
defined by the University of Chicago Social Science Research | ||
Committee as amended in 1980. | ||
"Concentrated firearm violence" means the 17 most violent | ||
communities in Illinois municipalities greater than one | ||
million residents and the 10 most violent municipalities with | ||
less than 1,000,000 residents and greater than 25,000 | ||
residents with the most per capita firearm-shot incidents from | ||
January 1, 2016 through December 31, 2020. | ||
"Criminal justice-involved" means an individual who has | ||
been arrested, indicted, convicted, adjudicated delinquent, or | ||
otherwise detained by criminal justice authorities for | ||
violation of Illinois criminal laws. | ||
"Evidence-based high-risk youth intervention services" | ||
means programs that reduce involvement in the criminal justice | ||
system, increase school attendance, and refer high-risk teens |
into therapeutic programs that address trauma recovery and | ||
other mental health improvements based on best practices in | ||
the youth intervention services field.
| ||
" Evidence-based Evidenced-based violence prevention | ||
services" means coordinated programming and services that may | ||
include, but are not limited to, effective emotional or trauma | ||
related therapies, housing, employment training, job | ||
placement, family engagement, or wrap-around support services | ||
that are considered to be best practice for reducing violence | ||
within the field of violence intervention research and | ||
practice. | ||
"Evidence-based youth development programs" means | ||
after-school and summer programming that provides services to | ||
teens to increase their school attendance, school performance, | ||
reduce involvement in the criminal justice system, and develop | ||
nonacademic interests that build social emotional persistence | ||
and intelligence based on best practices in the field of youth | ||
development services for high-risk youth. | ||
"Options school" means a secondary school where 75% or | ||
more of attending students have either stopped attending or | ||
failed their secondary school courses since first attending | ||
ninth grade. | ||
"Qualified violence prevention organization" means an | ||
organization that manages and employs qualified violence | ||
prevention professionals. | ||
"Qualified violence prevention professional" means a |
community health worker who renders violence preventive | ||
services. | ||
"Social organization" means an organization of individuals | ||
who form the organization for the purposes of enjoyment, work, | ||
and other mutual interests.
| ||
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.) | ||
Section 180. The Judicial Districts Act of 2021 is amended | ||
by changing Section 5 as follows: | ||
(705 ILCS 23/5)
| ||
Sec. 5. Legislative intent. The intent of this Act is to | ||
redraw the Judicial Districts to meet the requirements of the | ||
Illinois Constitution of 1970 by providing that outside of the | ||
First District the State "shall be divided by law into four | ||
Judicial Districts of substantially equal population, each of | ||
which shall be compact and composed of contiguous counties." | ||
Section 2 of Article VI of the Illinois Constitution of | ||
1970 divides the State into five Judicial Districts for the | ||
selection of Supreme and Appellate Court Judges, with Cook | ||
County comprising the First District and the remainder of the | ||
State "divided by law into four Judicial Districts of | ||
substantially equal population, each of which shall be compact | ||
and composed of contiguous counties." Further, Section 7 of | ||
Article VI provides that a Judicial Circuit must be located | ||
within one Judicial District, and also provides the First |
Judicial District is comprised of a judicial circuit and the | ||
remainder provided by law, subject to the requirement that | ||
Circuits composed of more than one county shall be compact and | ||
of contiguous counties.
The current Judicial District map was | ||
enacted in 1963. | ||
The current Judicial Districts do not meet the | ||
Constitution's requirement that four Districts other than the | ||
First District be of "substantially equal population." Using | ||
the American Community Survey data available at the time this | ||
Act is enacted, the population of the current First District | ||
is 5,198,212; the Second District is 3,204,960; the Third | ||
District is 1,782,863; the Fourth District is 1,299,747; and | ||
the Fifth District is 1,284,757. | ||
Under this redistricting plan, the population, according | ||
to the American Community Survey, of the Second District will | ||
be 1,770,983; the Third District will be 1,950,349; the Fourth | ||
District will be 2,011,316; and the Fifth District will be | ||
1,839,679. A similar substantially equitable result occurs | ||
using the 2010 U.S. Census data, the most recent decennial | ||
census data available at the time of this Act, with the | ||
population of the Second District being approximately | ||
1,747,387; the Third District being 1,936,616; the Fourth | ||
District being 2,069,660; and the Fifth District being | ||
1,882,294. Because of the constitutional requirement that a | ||
District be composed of whole counties, and given that actual | ||
population changes on a day-to-day basis, the populations are |
not and could never be exact, but the population of each of the | ||
four Districts created by this Act is substantially equal. | ||
In addition to ensuring the population of the four | ||
Districts are substantially equal, this Act complies with | ||
Section 7 of Article VI of the Illinois Constitution of 1970, | ||
which provides that the First Judicial District shall be | ||
comprised of a Judicial Circuit, and the remaining Judicial | ||
Circuits shall be provided by law, and Circuits comprised of | ||
more than one county shall be compact and of contiguous | ||
counties. To comply with Section 7 of Article VI and minimize | ||
disruption to the administration of the Judicial Branch, this | ||
Act avoids changing the compositions and boundaries of the | ||
Judicial Circuits, while simultaneously creating substantially | ||
equally populated, compact, and contiguous Judicial Districts. | ||
To further avoid any interruption to the administration of | ||
the Judicial Branch, this Act does not require that the | ||
Supreme Court change where the Appellate Courts currently | ||
reside. By Supreme Court Rule, the Second District Appellate | ||
Court currently sits in Elgin; the Third District Appellate | ||
Court currently sits in Ottawa; the Fourth District Appellate | ||
Court currently sits in Springfield; and the Fifth District | ||
Appellate Court currently sits in Mt. Vernon. Under this Act, | ||
the Supreme Court is not required to change where the | ||
Appellate Courts sit as those cities remain in the Second, | ||
Third, Fourth, and Fifth District respectively. | ||
To ensure continuity of service and compliance with the |
Illinois Constitution of 1970, nothing in this Act is intended | ||
to affect the tenure of any Appellate or Supreme Court Judge | ||
elected or appointed prior to the effective date of this Act. | ||
In accordance with the Constitution, no change in the | ||
boundaries shall affect an incumbent judge's qualification for | ||
office or right to run for retention. Incumbent judges have | ||
the right to run for retention in the counties comprising the | ||
District that elected the judge, or in the counties comprising | ||
the new District where the judge resides, as the judge may | ||
elect. As provided by the Constitution, upon a vacancy in an | ||
elected Supreme or Appellate Court office, the Supreme Court | ||
may fill the vacancy until the vacancy is filled in the next | ||
general election in the counties comprising the District | ||
created by this Act. | ||
Further, nothing in this Act is intended to alter or | ||
impair the ability of the Supreme Court to fulfill its | ||
obligations to ensure the proper administration of the | ||
Judicial Branch. For example, it remains within the purview of | ||
the Supreme Court to assign or reassign any judge to any court | ||
or determine assignment of additional judges to the Appellate | ||
Court. Section 1 of the Appellate Act provides that the | ||
"Supreme Court may assign additional judges to service in the | ||
Appellate Court from time to time as the business of the | ||
Appellate Court requires." Currently the Supreme Court has | ||
three judges on assignment to the Second District Appellate | ||
Court, whereas one judge is on assignment to the Third, |
Fourth, and Fifth Districts. Nothing in this Act seeks to | ||
alter any judicial assignments. | ||
Finally, it is the intent of the General Assembly that any | ||
appealable order, as defined by Supreme Court Rules, entered | ||
prior to the effective date of this Act shall be subject to | ||
judicial review by the Judicial District in effect on the date | ||
the order was entered; however, the administrative and | ||
supervisory authority of the courts remains within the purview | ||
of the Supreme Court.
| ||
(Source: P.A. 102-11, eff. 6-4-21; revised 7-15-21.) | ||
Section 185. The Criminal Code of 2012 is amended by | ||
changing Sections 7-5 and 7-5.5 as follows:
| ||
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
| ||
Sec. 7-5. Peace officer's use of force in making arrest. | ||
(a) A peace officer, or any person whom he has summoned or | ||
directed
to assist him, need not retreat or desist from | ||
efforts to make a lawful
arrest because of resistance or | ||
threatened resistance to the arrest. He
is justified in the | ||
use of any force which he reasonably believes, based on the | ||
totality of the circumstances, to be
necessary to effect the | ||
arrest and of any force which he reasonably
believes, based on | ||
the totality of the circumstances, to be necessary to defend | ||
himself or another from bodily harm
while making the arrest. | ||
However, he is justified in using force likely
to cause death |
or great bodily harm only when: (i) he reasonably believes, | ||
based on the totality of the circumstances,
that such force is | ||
necessary to prevent death or great bodily harm to
himself or | ||
such other person; or (ii) when he reasonably believes, based | ||
on the totality of the circumstances, both that:
| ||
(1) Such force is necessary to prevent the arrest from | ||
being
defeated by resistance or escape and the officer | ||
reasonably
believes that the person to be arrested is | ||
likely to cause
great bodily harm to another; and
| ||
(2) The person to be arrested committed or attempted a | ||
forcible
felony which involves the infliction or | ||
threatened infliction of great
bodily harm or is | ||
attempting to escape by use of a deadly weapon, or
| ||
otherwise indicates that he will endanger human life or | ||
inflict great
bodily harm unless arrested without delay.
| ||
As used in this subsection, "retreat" does not mean | ||
tactical
repositioning or other de-escalation tactics. | ||
A peace officer is not justified in using force likely to | ||
cause death or great bodily harm when there is no longer an | ||
imminent threat of great bodily harm to the officer or | ||
another. | ||
(a-5) Where feasible, a peace officer shall, prior to the | ||
use of force, make reasonable efforts to identify himself or | ||
herself as a peace
officer and to warn that deadly force may be | ||
used. | ||
(a-10) A peace officer shall not use deadly force against |
a person based on the danger that the person poses to himself | ||
or herself if a
an reasonable officer would believe the person | ||
does not pose an imminent threat of death or great bodily harm | ||
to the peace officer or to another person. | ||
(a-15) A peace officer shall not use deadly force against | ||
a person who is suspected of committing a property offense, | ||
unless that offense is terrorism or unless deadly force is | ||
otherwise authorized by law. | ||
(b) A peace officer making an arrest pursuant to an | ||
invalid warrant
is justified in the use of any force which he | ||
would be justified in
using if the warrant were valid, unless | ||
he knows that the warrant is
invalid.
| ||
(c) The authority to use physical force conferred on peace | ||
officers by this Article is a serious responsibility that | ||
shall be exercised judiciously and with respect for human | ||
rights and dignity and for the sanctity of every human life. | ||
(d) Peace officers shall use deadly force only when | ||
reasonably necessary in defense of human life. In determining | ||
whether deadly force is reasonably necessary, officers shall | ||
evaluate each situation in light of the totality of | ||
circumstances of each case , including , but not limited to , the | ||
proximity in time of the use of force to the commission of a | ||
forcible felony, and the reasonable feasibility of safely | ||
apprehending a subject at a later time, and shall use other | ||
available resources and techniques, if reasonably safe and | ||
feasible to a reasonable officer. |
(e) The decision by a peace officer to use force shall be | ||
evaluated carefully and thoroughly, in a manner that reflects | ||
the gravity of that authority and the serious consequences of | ||
the use of force by peace officers, in order to ensure that | ||
officers use force consistent with law and agency policies. | ||
(f) The decision by a peace officer to use force shall be | ||
evaluated from the perspective of a reasonable officer in the | ||
same situation, based on the totality of the circumstances | ||
known to or perceived by the officer at the time of the | ||
decision, rather than with the benefit of hindsight, and that | ||
the totality of the circumstances shall account for occasions | ||
when officers may be forced to make quick judgments about | ||
using force. | ||
(g) Law enforcement agencies are encouraged to adopt and | ||
develop policies designed to protect individuals with | ||
physical, mental health, developmental, or intellectual | ||
disabilities, or individuals who are significantly more likely | ||
to experience greater levels of physical force during police | ||
interactions, as these disabilities may affect the ability of | ||
a person to understand or comply with commands from peace | ||
officers. | ||
(h) As used in this Section: | ||
(1) "Deadly force" means any use of force that creates | ||
a substantial risk of causing death or great bodily harm, | ||
including, but not limited to, the discharge of a firearm. | ||
(2) A threat of death or serious bodily injury is |
"imminent" when, based on the totality of the | ||
circumstances, a reasonable officer in the same situation | ||
would believe that a person has the present ability, | ||
opportunity, and apparent intent to immediately cause | ||
death or great bodily harm to the peace officer or another | ||
person. An imminent harm is not merely a fear of future | ||
harm, no matter how great the fear and no matter how great | ||
the likelihood of the harm, but is one that, from | ||
appearances, must be instantly confronted and addressed. | ||
(3) "Totality of the circumstances" means all facts | ||
known to the peace officer at the time, or that would be | ||
known to a reasonable officer in the same situation, | ||
including the conduct of the officer and the subject | ||
leading up to the use of deadly force. | ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 8-2-21.)
| ||
(720 ILCS 5/7-5.5) | ||
Sec. 7-5.5. Prohibited use of force by a peace officer. | ||
(a) A peace officer, or any other person acting under the | ||
color of law, shall not use a chokehold or restraint above the | ||
shoulders with risk of asphyxiation in the performance of his | ||
or her duties, unless deadly force is justified under this | ||
Article 7 of this Code . | ||
(b) A peace officer, or any other person acting under the | ||
color of law, shall not use a chokehold or restraint above the |
shoulders with risk of asphyxiation, or any lesser contact | ||
with the throat or neck area of another, in order to prevent | ||
the destruction of evidence by ingestion. | ||
(c)
As used in this Section, "chokehold" means applying | ||
any direct pressure to the throat, windpipe, or airway of | ||
another. "Chokehold" does not include any holding involving | ||
contact with the neck that is not intended to reduce the intake | ||
of air such as a headlock where the only pressure applied is to | ||
the head.
| ||
(d) As used in this Section, "restraint above the | ||
shoulders with risk of positional asphyxiation" means a use of | ||
a technique used to restrain a person above the shoulders, | ||
including the neck or head, in a position which interferes | ||
with the person's ability to breathe after the person no | ||
longer poses a threat to the officer or any other person. | ||
(e) A peace officer, or any other person acting under the | ||
color of law, shall not: | ||
(i) use force as punishment or retaliation; | ||
(ii) discharge kinetic impact projectiles and all | ||
other non-lethal or non-or less-lethal projectiles in a | ||
manner that targets the head, neck, groin, anterior | ||
pelvis, or back; | ||
(iii) discharge conducted electrical weapons in a | ||
manner that targets the head, chest, neck, groin, or | ||
anterior pelvis; | ||
(iv) discharge firearms or kinetic impact projectiles |
indiscriminately into a crowd; | ||
(v) use chemical agents or irritants for crowd | ||
control, including pepper spray and tear gas, prior to | ||
issuing an order to disperse in a sufficient manner to | ||
allow for the order to be heard and repeated if necessary, | ||
followed by sufficient time and space to allow compliance | ||
with the order unless providing such time and space would | ||
unduly place an officer or another person at risk of death | ||
or great bodily harm; or | ||
(vi) use chemical agents or irritants, including | ||
pepper spray and tear gas, prior to issuing an order in a | ||
sufficient manner to ensure the order is heard, and | ||
repeated if necessary, to allow compliance with the order | ||
unless providing such time and space would unduly place an | ||
officer or another person at risk of death or great bodily | ||
harm. | ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 8-2-21.) | ||
Section 190. The State's Attorneys Appellate Prosecutor's | ||
Act is amended by changing Section 3 as follows:
| ||
(725 ILCS 210/3) (from Ch. 14, par. 203)
| ||
Sec. 3.
There is created the Office of the State's | ||
Attorneys
Appellate Prosecutor as a judicial agency of State | ||
state government.
|
(a) The Office of the State's Attorneys Appellate | ||
Prosecutor shall
be governed by a board of governors which
| ||
shall consist
of 10 members as follows:
| ||
(1) Eight State's Attorneys, 2 to be elected from each | ||
District
containing less than 3,000,000 inhabitants;
| ||
(2) The State's Attorney of Cook County or his or her | ||
designee; and
| ||
(3) One State's Attorney to be bi-annually appointed | ||
by the other 9 members.
| ||
(b) Voting for elected members shall be by District with | ||
each of the
State's Attorneys voting from their respective | ||
district. Each
board member must be duly elected or appointed | ||
and serving as
State's Attorney in the district from which he | ||
was elected or appointed.
| ||
(c) Elected members shall serve for a term of 2 years | ||
commencing upon their election and until their successors are | ||
duly elected or
appointed and qualified.
| ||
(d) A bi-annual An bi-annually election of members of the | ||
board
shall be held within 30 days prior or subsequent to the | ||
beginning of the each odd numbered calendar year, and the | ||
board shall certify
the results to the Secretary of State.
| ||
(e) The board shall promulgate rules of procedure for the
| ||
election of its members and the conduct of its meetings and | ||
shall elect
a Chairman and a Vice-Chairman and such other | ||
officers as it deems
appropriate. The board shall meet at | ||
least once every 3
months, and in addition thereto as directed |
by the Chairman, or upon the special
call of any 5 members of | ||
the board, in writing, sent to the
Chairman, designating the | ||
time and place of the meeting.
| ||
(f) Five members of the board shall constitute
a quorum | ||
for the purpose of transacting business.
| ||
(g) Members of the board shall serve without compensation, | ||
but
shall be reimbursed for necessary expenses incurred in the | ||
performance
of their duties.
| ||
(h) A position shall be vacated by either a member's | ||
resignation,
removal or inability to serve as State's | ||
Attorney.
| ||
(i) Vacancies on the board of elected members shall be | ||
filled
within 90 days of the occurrence of the vacancy by a | ||
special election
held by the State's Attorneys in the district | ||
where the vacancy
occurred. Vacancies on the board of the | ||
appointed member shall be
filled within 90 days of the | ||
occurrence of the vacancy by a special
election by the | ||
members. In the case of a special election, the tabulation and | ||
certification of the results may be conducted at any regularly | ||
scheduled quarterly or special meeting called for that | ||
purpose. A member elected or appointed to fill
such position | ||
shall serve for the unexpired term of the member whom he
is | ||
succeeding. Any member may be re-elected or re-appointed for
| ||
additional terms.
| ||
(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
|
Section 195. The Unified Code of Corrections is amended by | ||
changing Sections 3-2-5.5, 5-8-1, and 5-8A-4 as follows: | ||
(730 ILCS 5/3-2-5.5) | ||
Sec. 3-2-5.5. Women's Division. | ||
(a) As used in this Section: | ||
"Gender-responsive" means taking into account gender | ||
specific differences that have been identified in | ||
women-centered research, including, but not limited to, | ||
socialization, psychological development, strengths, risk | ||
factors, pathways through systems, responses to treatment | ||
intervention, and other unique gender specific needs | ||
facing justice-involved women. Gender responsive policies, | ||
practices, programs, and services shall be implemented in | ||
a manner that is considered relational, culturally | ||
competent, family-centered, holistic, strength-based, and | ||
trauma-informed. | ||
"Trauma-informed practices" means practices | ||
incorporating gender violence research and the impact of | ||
all forms of trauma in designing and implementing | ||
policies, practices, processes, programs, and services | ||
that involve understanding, recognizing, and responding to | ||
the effects of all types of trauma with emphasis on | ||
physical, psychological, and emotional safety. | ||
(b) The Department shall create a permanent Women's | ||
Division under the direct supervision of the Director. The |
Women's Division shall have statewide authority and | ||
operational oversight for all of the Department's women's | ||
correctional centers and women's adult transition centers. | ||
(c) The Director shall appoint a Chief Administrator for | ||
the Women's Division who has received nationally recognized | ||
specialized training in gender-responsive and trauma-informed | ||
practices. The Chief Administrator shall be responsible for: | ||
(1) management and supervision of all employees | ||
assigned to the Women's Division correctional centers and | ||
adult transition centers; | ||
(2) development and implementation of evidence-based | ||
evidenced-based , gender-responsive, and trauma-informed | ||
practices that govern Women's Division operations and | ||
programs; | ||
(3) development of the Women's Division training, | ||
orientation, and cycle curriculum, which shall be updated | ||
as needed to align with gender responsive and | ||
trauma-informed practices; | ||
(4) training all staff assigned to the Women's | ||
Division correctional centers and adult transition centers | ||
on gender-responsive and trauma-informed practices; | ||
(5) implementation of validated gender-responsive | ||
classification and placement instruments; | ||
(6) implementation of a gender-responsive risk, | ||
assets, and needs assessment tool and case management | ||
system for the Women's Division; and |
(7) collaborating with the Chief Administrator of | ||
Parole to ensure staff responsible for supervision of | ||
females under mandatory supervised release are | ||
appropriately trained in evidence-based practices in | ||
community supervision, gender-responsive practices, and | ||
trauma-informed practices.
| ||
(Source: P.A. 100-527, eff. 6-1-18; 100-576, eff. 6-1-18; | ||
revised 7-16-21.)
| ||
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||
Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
| ||
(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, subject to Section 5-4.5-115 | ||
of this Code, according to the following limitations:
| ||
(1) for first degree murder,
| ||
(a) (blank),
| ||
(b) if a trier of fact finds beyond a reasonable
| ||
doubt that the murder was accompanied by exceptionally
| ||
brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection | ||
(a)(1)(c) of this Section, that any of the aggravating | ||
factors
listed in subsection (b) or (b-5) of Section | ||
9-1 of the Criminal Code of 1961 or the Criminal Code |
of 2012 are
present, the court may sentence the | ||
defendant, subject to Section 5-4.5-105, to a term of | ||
natural life
imprisonment, or
| ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment if the defendant, at | ||
the time of the commission of the murder, had attained | ||
the age of 18, and :
| ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
| ||
(ii) is found guilty of murdering more
than | ||
one victim, or
| ||
(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the | ||
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
| ||
(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of | ||
Corrections, or any similar local
correctional |
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent | ||
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
| ||
official duties, or
| ||
(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the | ||
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
| ||
(vi) (blank), or
| ||
(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing | ||
volunteer
or to prevent any person from engaging |
in activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing | ||
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012.
| ||
For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
| ||
paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
| ||
(d)(i) if the person committed the offense while | ||
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
| ||
(ii) if, during the commission of the offense, the | ||
person
personally discharged a firearm, 20 years shall | ||
be added to the term of
imprisonment imposed by the | ||
court;
| ||
(iii) if, during the commission of the offense, | ||
the person
personally discharged a firearm that | ||
proximately caused great bodily harm,
permanent | ||
disability, permanent disfigurement, or death to | ||
another person, 25
years or up to a term of natural | ||
life shall be added to the term of
imprisonment | ||
imposed by the court.
| ||
(2) (blank);
| ||
(2.5) for a person who has attained the age of 18 years
| ||
at the time of the commission of the offense and
who is |
convicted under the circumstances described in subdivision | ||
(b)(1)(B) of Section 11-1.20 or
paragraph (3) of | ||
subsection (b) of Section 12-13, subdivision (d)(2) of | ||
Section 11-1.30 or paragraph (2) of subsection
(d) of | ||
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||
paragraph (1.2) of subsection (b) of
Section 12-14.1, | ||
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||
subsection (b) of Section 12-14.1
of the Criminal Code of | ||
1961 or the Criminal Code of 2012, the sentence shall be a | ||
term of natural life
imprisonment.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) Subject to
earlier termination under Section 3-3-8, | ||
the parole or mandatory
supervised release term shall be | ||
written as part of the sentencing order and shall be as | ||
follows:
| ||
(1) for first degree murder or for the offenses of | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual assault, and criminal sexual assault if | ||
committed on or before December 12, 2005, 3 years;
| ||
(1.5) except as provided in paragraph (7) of this | ||
subsection (d), for a Class X felony except for the | ||
offenses of predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, and criminal sexual | ||
assault if committed on or after December 13, 2005 (the | ||
effective date of Public Act 94-715) and except for the |
offense of aggravated child pornography under Section | ||
11-20.1B . , 11-20.3, or 11-20.1 with sentencing under | ||
subsection (c-5) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, if committed on or | ||
after January 1, 2009, 18 months; | ||
(2) except as provided in paragraph (7) of this | ||
subsection (d), for a Class 1 felony or a Class 2 felony | ||
except for the offense of criminal sexual assault if | ||
committed on or after December 13, 2005 (the effective | ||
date of Public Act 94-715) and except for the offenses of | ||
manufacture and dissemination of child pornography under | ||
clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if | ||
committed on or after January 1, 2009, 12 months;
| ||
(3) except as provided in paragraph (4), (6), or (7) | ||
of this subsection (d), a mandatory supervised release | ||
term shall not be imposed for a Class 3 felony or a Class 4 | ||
felony; unless: | ||
(A) the Prisoner Review Board, based on a | ||
validated risk and needs assessment, determines it is | ||
necessary for an offender to serve a mandatory | ||
supervised release term; | ||
(B) if the Prisoner Review Board determines a | ||
mandatory supervised release term is necessary | ||
pursuant to subparagraph (A) of this paragraph (3), | ||
the Prisoner Review Board shall specify the maximum |
number of months of mandatory supervised release the | ||
offender may serve, limited to a term of:
(i) 12 months | ||
for a Class 3 felony;
and (ii) 12 months for a Class 4 | ||
felony;
| ||
(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after | ||
December 13, 2005 ( the effective date of Public Act | ||
94-715) this amendatory Act of the 94th General Assembly , | ||
or who commit the offense of aggravated child pornography | ||
under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012, | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
| ||
(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least | ||
the first 2 years of which the defendant shall serve in an
| ||
electronic monitoring or home detention program under | ||
Article 8A of Chapter V of this Code;
| ||
(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony | ||
violation of an order of protection, 4 years; |
(7) for any felony described in paragraph (a)(2)(ii), | ||
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||
3-6-3 of the Unified Code of Corrections requiring an | ||
inmate to serve a minimum of 85% of their court-imposed | ||
sentence, except for the offenses of predatory criminal | ||
sexual assault of a child, aggravated criminal sexual | ||
assault, and criminal sexual assault if committed on or | ||
after December 13, 2005 (the effective date of Public Act | ||
94-715) and except for the offense of aggravated child | ||
pornography under Section 11-20.1B . , 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
if committed on or after January 1, 2009 and except as | ||
provided in paragraph (4) or paragraph (6) of this | ||
subsection (d), the term of mandatory supervised release | ||
shall be as follows: | ||
(A) Class X felony, 3 years; | ||
(B) Class 1 or Class 2 felonies, 2 years; | ||
(C) Class 3 or Class 4 felonies, 1 year. | ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(g) Notwithstanding any other provisions of this Act and | ||
of Public Act 101-652: (i) the provisions of paragraph (3) of | ||
subsection (d) are effective on January 1, 2022 and shall | ||
apply to all individuals convicted on or after the effective |
date of paragraph (3) of subsection (d); and (ii) the | ||
provisions of paragraphs (1.5) and (2) of subsection (d) are | ||
effective on July 1, 2021 and shall apply to all individuals | ||
convicted on or after the effective date of paragraphs (1.5) | ||
and (2) of subsection (d). | ||
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | ||
102-28, eff. 6-25-21; revised 8-2-21.)
| ||
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
| ||
Sec. 5-8A-4. Program description. The supervising | ||
authority may
promulgate rules that prescribe reasonable | ||
guidelines under which an
electronic monitoring and home | ||
detention program shall operate. When using electronic | ||
monitoring for home detention these rules may include ,
but not | ||
be limited to , the following:
| ||
(A) The participant may be instructed to remain within | ||
the interior premises or within
the property boundaries of | ||
his or her residence at all times during the
hours | ||
designated by the supervising authority. Such instances of | ||
approved
absences from the home shall include , but are not | ||
limited to , the following:
| ||
(1) working or employment approved by the court or | ||
traveling to or from
approved employment;
| ||
(2) unemployed and seeking employment approved for | ||
the participant by
the court;
| ||
(3) undergoing medical, psychiatric, mental health |
treatment,
counseling, or other treatment programs | ||
approved for the participant by
the court;
| ||
(4) attending an educational institution or a | ||
program approved for the
participant by the court;
| ||
(5) attending a regularly scheduled religious | ||
service at a place of worship;
| ||
(6) participating in community work release or | ||
community service
programs approved for the | ||
participant by the supervising authority; or
| ||
(7) for another compelling reason consistent with | ||
the public interest,
as approved by the supervising | ||
authority ; or . | ||
(8) purchasing groceries, food, or other basic | ||
necessities.
| ||
(A-1) At a minimum, any person ordered to pretrial | ||
home confinement with or without electronic monitoring | ||
must be provided with movement spread out over no fewer | ||
than two days per week, to participate in basic activities | ||
such as those listed in paragraph (A). | ||
(B) The participant shall admit any person or agent | ||
designated by the
supervising authority into his or her | ||
residence at any time for
purposes of verifying the | ||
participant's compliance with the conditions of
his or her | ||
detention.
| ||
(C) The participant shall make the necessary | ||
arrangements to allow for
any person or agent designated |
by the supervising authority to visit
the participant's | ||
place of education or employment at any time, based upon
| ||
the approval of the educational institution employer or | ||
both, for the
purpose of verifying the participant's | ||
compliance with the conditions of
his or her detention.
| ||
(D) The participant shall acknowledge and participate | ||
with the approved
electronic monitoring device as | ||
designated by the supervising authority
at any time for | ||
the purpose of verifying the
participant's compliance with | ||
the conditions of his or her detention.
| ||
(E) The participant shall maintain the following:
| ||
(1) access to a working telephone;
| ||
(2) a monitoring device in the participant's home, | ||
or on the
participant's person, or both; and
| ||
(3) a monitoring device in the participant's home | ||
and on the
participant's person in the absence of a | ||
telephone.
| ||
(F) The participant shall obtain approval from the | ||
supervising authority
before the participant changes | ||
residence or the schedule
described in subsection (A) of | ||
this Section. Such approval shall not be unreasonably | ||
withheld.
| ||
(G) The participant shall not commit another crime | ||
during the period of
home detention ordered by the Court.
| ||
(H) Notice to the participant that violation of the | ||
order for home
detention may subject the participant to |
prosecution for the crime of escape
as described in | ||
Section 5-8A-4.1.
| ||
(I) The participant shall abide by other conditions as | ||
set by the
supervising authority. | ||
(J) This Section takes effect January 1, 2022.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 8-3-21.)
| ||
Section 200. The Reporting of Deaths in Custody Act is | ||
amended by changing Section 3-5 as follows: | ||
(730 ILCS 210/3-5)
| ||
Sec. 3-5. Report of deaths of persons in custody in
| ||
correctional institutions.
| ||
(a) In this Act, "law enforcement agency" includes each | ||
law
enforcement entity within this State having the authority | ||
to
arrest and detain persons suspected of, or charged with,
| ||
committing a criminal offense, and each law enforcement entity
| ||
that operates a lock up, jail, prison, or any other facility
| ||
used to detain persons for legitimate law enforcement | ||
purposes. | ||
(b) In any case in which a person dies:
| ||
(1) while in the custody of:
| ||
(A) a law enforcement agency; | ||
(B) a local or State correctional facility in this
| ||
State; or
|
(C) a peace officer; or
| ||
(2) as a result of the peace officer's use of force,
| ||
the law enforcement agency shall investigate and report | ||
the
death in writing to the Illinois Criminal Justice | ||
Information Authority, no later than 30 days
after the | ||
date on which the person in custody or incarcerated
died. | ||
The written report shall contain the following
| ||
information: | ||
(A) the following facts concerning the death that | ||
are in the possession of the law enforcement agency in | ||
charge of the
investigation and the correctional | ||
facility where the
death occurred, race, age, gender, | ||
sexual orientation, and gender identity of the | ||
decedent, and a brief description of causes, | ||
contributing factors and the circumstances surrounding | ||
the death;
| ||
(B) if the death occurred in
custody, the report
| ||
shall also include the jurisdiction, the law | ||
enforcement agency
providing the investigation, and | ||
the local or State
facility where the death occurred; | ||
(C) if the death occurred in
custody the report
| ||
shall also include if emergency care was requested by | ||
the law
enforcement agency in response to any illness, | ||
injury, self-inflicted or otherwise, or other issue | ||
related to
rapid deterioration of physical wellness or | ||
human
subsistence, and details concerning emergency |
care that
were provided to the decedent if emergency | ||
care was
provided. | ||
(c) The law enforcement agency and the involved
| ||
correctional administrators shall make a good faith effort to | ||
obtain all relevant facts and circumstances relevant to the
| ||
death and include those in the report. | ||
(d) The Illinois Criminal Justice Information Authority | ||
shall create a standardized form
to be used for the purpose of | ||
collecting information as
described in subsection (b). The | ||
information shall comply with this Act and the federal Federal | ||
Death in Custody Reporting Act of 2013. | ||
(e) Law enforcement agencies shall use the form described
| ||
in subsection (d) to report all cases in which a person dies:
| ||
(1) while in the custody of:
| ||
(A) a law enforcement agency;
| ||
(B) a local or State correctional facility in this | ||
State; or | ||
(C) a peace officer; or
| ||
(2) as a result of the peace officer's use of force. | ||
(f) The Illinois Criminal Justice Information Authority | ||
may determine the manner in which
the form is transmitted from | ||
a law enforcement agency to the
Illinois Criminal Justice | ||
Information Authority. All state agencies that collect similar | ||
records as required under this Act, including the Illinois | ||
State Police, Illinois Department of Corrections, and Illinois | ||
Department of Juvenile Justice, shall collaborate with the |
Illinois Criminal Justice and Information Authority to collect | ||
the information in this Act. | ||
(g) The reports shall be public records within the meaning
| ||
of subsection (c) of Section 2 of the Freedom of Information
| ||
Act and are open to public inspection, with the exception of
| ||
any portion of the report that the Illinois Criminal Justice | ||
Information Authority determines
is privileged or protected | ||
under Illinois or federal law. | ||
(g-5) The Illinois Criminal Justice Information Authority | ||
shall begin collecting this information by January 1, 2022. | ||
The reports and publications in subsections (h) and below | ||
shall begin by June 1, 2022. | ||
(h) The Illinois Criminal Justice Information Authority | ||
shall make available to the public
information of all | ||
individual reports relating to deaths in
custody through the | ||
Illinois Criminal Justice Information Authority's website to | ||
be updated on
a quarterly basis. | ||
(i) The Illinois Criminal Justice Information Authority | ||
shall issue a public annual report
tabulating and evaluating | ||
trends and information on deaths in
custody, including, but | ||
not limited to: | ||
(1) information regarding the race,
gender, sexual | ||
orientation, and gender identity of the decedent; and a | ||
brief description
of the circumstances
surrounding the | ||
death;
| ||
(2) if the death occurred in
custody, the report
shall |
also include the jurisdiction, law enforcement agency | ||
providing
the investigation, and local or State facility | ||
where the
death occurred; and
| ||
(3) recommendations and State and local efforts
| ||
underway to reduce deaths in custody. | ||
The report shall be submitted to the Governor and General | ||
Assembly and made available to the public on the Illinois | ||
Criminal Justice Information Authority's website the first | ||
week of February of each year. | ||
(j) So that the State may oversee the healthcare provided
| ||
to any person in the custody of each law enforcement agency
| ||
within this State, provision of medical services to these
| ||
persons, general care and treatment, and any other factors | ||
that
may contribute to the death of any of these persons, the
| ||
following information shall be made available to the public on
| ||
the Illinois Criminal Justice Information Authority's website:
| ||
(1) the number of deaths that occurred during the
| ||
preceding calendar year;
| ||
(2) the known, or discoverable upon reasonable
| ||
inquiry, causes and contributing factors of each of the | ||
in-custody deaths as defined in subsection (b); and
| ||
(3) the law enforcement agency's policies, procedures,
| ||
and protocols related to: | ||
(A) treatment of a person experiencing withdrawal | ||
from alcohol or substance use;
| ||
(B) the facility's provision, or lack of
|
provision, of medications used to treat, mitigate, or | ||
address a person's symptoms; and
| ||
(C) notifying an inmate's next of kin after the
| ||
inmate's in-custody death. | ||
(k) The family, next of kin, or any other person | ||
reasonably nominated by the decedent as an emergency contact | ||
shall be
notified as soon as possible in a suitable manner | ||
giving an
accurate factual account of the cause of death and
| ||
circumstances surrounding the death in custody in accordance | ||
with State and federal law. | ||
(l) The law enforcement agency or correctional facility
| ||
shall name a staff person to act as dedicated family liaison
| ||
officer to be a point of contact for the family, to make and
| ||
maintain contact with the family, to report ongoing | ||
developments and findings of investigations, and to provide
| ||
information and practical support. If requested by the
| ||
deceased's next of kin, the law enforcement agency or
| ||
correctional facility shall arrange for a chaplain, counselor,
| ||
or other suitable staff member to meet with the family and
| ||
discuss any faith considerations or concerns. The family has a
| ||
right to the medical records of a family member who has died in
| ||
custody and these records shall be disclosed to them in | ||
accordance with State and federal law. | ||
(m) Each department shall assign an employee or employees | ||
to file reports under this Section. It is unlawful for a person | ||
who is required under this
Section to investigate a death or |
file a report to fail to
include in the report facts known or | ||
discovered in the
investigation to the Illinois Criminal | ||
Justice Information Authority. A violation of this
Section is | ||
a petty offense, with a fine not to exceed $500.
| ||
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||
revised 8-3-21.) | ||
Section 205. The Probate Act of 1975 is amended by | ||
changing Section 11a-4 as follows:
| ||
(755 ILCS 5/11a-4)
| ||
(Text of Section before amendment by P.A. 102-72 ) | ||
Sec. 11a-4. Temporary guardian. | ||
(a) Prior to the appointment of a guardian
under this | ||
Article, pending an appeal in relation to the
appointment, or
| ||
pending the
completion of a citation proceeding brought | ||
pursuant to Section 23-3 of this
Act,
or upon a guardian's | ||
death, incapacity, or resignation, the court may appoint a | ||
temporary guardian upon a showing of the necessity
therefor | ||
for the immediate welfare and protection of the alleged
person | ||
with a disability or his or her estate
and subject to such | ||
conditions as the court may prescribe. A petition for the | ||
appointment of a temporary guardian for an alleged person with | ||
a disability shall be filed at the time of or subsequent to the | ||
filing of a petition for adjudication of disability and | ||
appointment of a guardian. The petition for the appointment of |
a temporary guardian shall state the facts upon which it is | ||
based and the name, the post office address, and, in the case | ||
of an individual, the age and occupation of the proposed | ||
temporary guardian.
In determining the necessity for temporary | ||
guardianship, the immediate
welfare and protection of the | ||
alleged person with a disability and his or her estate
shall be
| ||
of paramount concern, and the interests of the petitioner, any | ||
care provider,
or any other party shall not outweigh the | ||
interests of the alleged person with a disability.
The | ||
temporary guardian shall have the limited powers and duties of | ||
a guardian
of the person or of the estate which are | ||
specifically enumerated by court
order. The court order shall | ||
state the actual harm identified by the court
that | ||
necessitates temporary guardianship or any extension thereof. | ||
(a-5) Notice of the time and place of the hearing on a | ||
petition for the appointment of a temporary guardian shall be | ||
given, not less than 3 days before the hearing, by mail or in | ||
person to the alleged person with a disability, to the | ||
proposed temporary guardian, and to those persons whose names | ||
and addresses are listed in the petition for adjudication of | ||
disability and appointment of a guardian under Section 11a-8. | ||
The court, upon a finding of good cause, may waive the notice | ||
requirement under this subsection. | ||
(a-10) Notice of the time and place of the hearing on a | ||
petition to revoke the appointment of a temporary guardian | ||
shall be given, not less than 3 days before the hearing, by |
mail or in person to the temporary guardian, to the petitioner | ||
on whose petition the temporary guardian was appointed, and to | ||
those persons whose names and addresses are listed in the | ||
petition for adjudication of disability and appointment of a | ||
guardian under Section 11a-8. The court, upon a finding of | ||
good cause, may waive the notice requirements under this | ||
subsection. | ||
(b) The temporary guardianship shall
expire within 60 days | ||
after the
appointment or whenever a guardian is regularly | ||
appointed, whichever occurs
first. No extension shall be | ||
granted except:
| ||
(1) In a case where there has been an adjudication of | ||
disability, an extension shall be granted: | ||
(i) pending the disposition on appeal of an | ||
adjudication of disability; | ||
(ii) pending the completion of a citation | ||
proceeding brought pursuant to Section 23-3; | ||
(iii) pending the appointment of a successor | ||
guardian in a case where the former guardian has | ||
resigned, has become incapacitated, or is deceased; or | ||
(iv) where the guardian's powers have been | ||
suspended pursuant to a court order. | ||
(2) In a case where there has not been an adjudication | ||
of disability, an extension shall be granted pending the | ||
disposition of a petition brought pursuant to Section | ||
11a-8 so long as the court finds it is in the best interest |
of the alleged person with a disability to extend the | ||
temporary guardianship so as to protect the alleged person | ||
with a disability from any potential abuse, neglect, | ||
self-neglect, exploitation, or other harm and such | ||
extension lasts no more than 120 days from the date the | ||
temporary guardian was originally appointed. | ||
The ward shall have the right any time after the | ||
appointment
of a temporary guardian is made to petition the | ||
court to revoke the appointment
of the temporary guardian.
| ||
(Source: P.A. 102-120, eff. 7-23-21; revised 8-3-21.) | ||
(Text of Section after amendment by P.A. 102-72 )
| ||
Sec. 11a-4. Temporary guardian. | ||
(a) Prior to the appointment of a guardian
under this | ||
Article, pending an appeal in relation to the
appointment, or
| ||
pending the
completion of a citation proceeding brought | ||
pursuant to Section 23-3 of this
Act,
or upon a guardian's | ||
death, incapacity, or resignation, the court may appoint a | ||
temporary guardian upon a showing of the necessity
therefor | ||
for the immediate welfare and protection of the alleged
person | ||
with a disability or his or her estate
and subject to such | ||
conditions as the court may prescribe. A petition for the | ||
appointment of a temporary guardian for an alleged person with | ||
a disability shall be filed at the time of or subsequent to the | ||
filing of a petition for adjudication of disability and | ||
appointment of a guardian. The petition for the appointment of |
a temporary guardian shall state the facts upon which it is | ||
based and the name, the post office address, and, in the case | ||
of an individual, the age and occupation of the proposed | ||
temporary guardian.
In determining the necessity for temporary | ||
guardianship, the immediate
welfare and protection of the | ||
alleged person with a disability and his or her estate
shall be
| ||
of paramount concern, and the interests of the petitioner, any | ||
care provider,
or any other party shall not outweigh the | ||
interests of the alleged person with a disability.
The | ||
temporary guardian shall have the limited powers and duties of | ||
a guardian
of the person or of the estate which are | ||
specifically enumerated by court
order. The court order shall | ||
state the actual harm identified by the court
that | ||
necessitates temporary guardianship or any extension thereof. | ||
(a-5) Notice of the time and place of the hearing on a | ||
petition for the appointment of a temporary guardian shall be | ||
given, not less than 3 days before the hearing, by mail or in | ||
person to the alleged person with a disability, to the | ||
proposed temporary guardian, and to those persons whose names | ||
and addresses are listed in the petition for adjudication of | ||
disability and appointment of a guardian under Section 11a-8. | ||
The court, upon a finding of good cause, may waive the notice | ||
requirement under this subsection. | ||
(a-10) Notice of the time and place of the hearing on a | ||
petition to revoke the appointment of a temporary guardian | ||
shall be given, not less than 3 days before the hearing, by |
mail or in person to the temporary guardian, to the petitioner | ||
on whose petition the temporary guardian was appointed, and to | ||
those persons whose names and addresses are listed in the | ||
petition for adjudication of disability and appointment of a | ||
guardian under Section 11a-8. The court, upon a finding of | ||
good cause, may waive the notice requirements under this | ||
subsection. | ||
(b) The temporary guardianship shall
expire within 60 days | ||
after the
appointment or whenever a guardian is regularly | ||
appointed, whichever occurs
first. No extension shall be | ||
granted except:
| ||
(1) In a case where there has been an adjudication of | ||
disability, an extension shall be granted: | ||
(i) pending the disposition on appeal of an | ||
adjudication of disability; | ||
(ii) pending the completion of a citation | ||
proceeding brought pursuant to Section 23-3; | ||
(iii) pending the appointment of a successor | ||
guardian in a case where the former guardian has | ||
resigned, has become incapacitated, or is deceased; or | ||
(iv) where the guardian's powers have been | ||
suspended pursuant to a court order. | ||
(2) In a case where there has not been an adjudication | ||
of disability, an extension shall be granted pending the | ||
disposition of a petition brought pursuant to Section | ||
11a-8 so long as the court finds it is in the best |
interests of the alleged person with a disability to | ||
extend the temporary guardianship so as to protect the | ||
alleged person with a disability from any potential abuse, | ||
neglect, self-neglect, exploitation, or other harm and | ||
such extension lasts no more than 120 days from the date | ||
the temporary guardian was originally appointed. | ||
The ward shall have the right any time after the | ||
appointment
of a temporary guardian is made to petition the | ||
court to revoke the appointment
of the temporary guardian.
| ||
(Source: P.A. 102-72, eff. 1-1-22; 102-120, eff 7-23-21; | ||
revised 8-3-21.) | ||
Section 210. The Self-Service Storage Facility Act is | ||
amended by changing Section 4 as follows:
| ||
(770 ILCS 95/4) (from Ch. 114, par. 804)
| ||
Sec. 4. Enforcement of lien. An owner's lien as provided | ||
for in Section
3 of this Act for a claim which has become due | ||
may be satisfied as follows:
| ||
(A) The occupant shall be notified . ;
| ||
(B) The notice shall be delivered: | ||
(1) in person; or | ||
(2) by verified mail
or by electronic mail to the last | ||
known address of the occupant . ;
| ||
(C) The notice shall include:
| ||
(1) An itemized statement of the owner's claim showing |
the sum due at
the time of the notice and the date when the | ||
sum became due;
| ||
(2) The name of the facility, address, telephone | ||
number, date, time, location, and manner of the lien sale, | ||
and the occupant's name and unit number;
| ||
(3) A notice of denial of access to the personal | ||
property, if such denial
is permitted under the terms of | ||
the rental agreement, which provides the
name, street | ||
address, and telephone number of the owner, or his | ||
designated
agent, whom the occupant may contact to respond | ||
to this notice; | ||
(3.5) Except as otherwise provided by a rental | ||
agreement and until a lien sale, the exclusive care, | ||
custody, and control of all personal property stored in | ||
the leased self-service storage space remains vested in | ||
the occupant. No bailment or higher level of liability is | ||
created if the owner over-locks the occupant's lock, | ||
thereby denying the occupant access to the storage space. | ||
Rent and other charges related to the lien continue to | ||
accrue during the period of time when access is denied | ||
because of non-payment;
| ||
(4) A demand for payment within a specified time not | ||
less than 14 days
after delivery of the notice;
| ||
(5) A conspicuous statement that unless the claim is | ||
paid within the time
stated in the notice, the personal | ||
property will be advertised for sale
or other disposition, |
and will be sold or otherwise disposed of at a specified
| ||
time and place.
| ||
(D) Any notice made pursuant to this Section shall be | ||
presumed delivered
when it is deposited with the United States | ||
Postal Service, and properly
addressed with postage prepaid or | ||
sent by electronic mail and the owner receives a receipt of | ||
delivery to the occupant's last known address, except if the | ||
owner does not receive a receipt of delivery for the notice | ||
sent by electronic mail, the notice is presumed delivered when | ||
it is sent to the occupant by verified mail to the occupant's | ||
last known mailing address . ;
| ||
(E) After the expiration of the time given in the notice, | ||
an advertisement
of the sale or other disposition shall be | ||
published once a week for two
consecutive weeks in a newspaper | ||
of general circulation where the self-service
storage facility | ||
is located. The advertisement shall include:
| ||
(1) The name of the facility, address, telephone | ||
number, date, time, location, and manner of lien sale and | ||
the occupant's name and unit number.
| ||
(2) (Blank).
| ||
(3) The
sale or other disposition shall take place not | ||
sooner than 15 days after
the first publication. If there | ||
is no newspaper of general circulation
where the | ||
self-service storage facility is located, the | ||
advertisement shall
be posted at least 10 days before the | ||
date of the sale or other disposition
in not less than 6 |
conspicuous places in the neighborhood where the | ||
self-service
storage facility is located.
| ||
(F) Any sale or other disposition of the personal property | ||
shall conform
to the terms of the notification as provided for | ||
in this Section . ;
| ||
(G) Any sale or other disposition of the personal property | ||
shall be held
at the self-service storage facility, or at the | ||
nearest suitable place to
where the personal property is held | ||
or stored. A sale under this Section shall be deemed to be held | ||
at the self-service storage facility where the personal | ||
property is stored if the sale is held on a publicly accessible | ||
online website . ;
| ||
(G-5) If the property upon which the lien is claimed is a | ||
motor vehicle or watercraft and rent or other charges related | ||
to the property remain unpaid or unsatisfied for 60 days, the | ||
owner may have the property towed from the self-service | ||
storage facility. If a motor vehicle or watercraft is towed, | ||
the owner shall not be liable for any damage to the motor | ||
vehicle or watercraft, once the tower takes possession of the | ||
property. After the motor vehicle or watercraft is towed, the | ||
owner may pursue other collection options against the | ||
delinquent occupant for any outstanding debt. If the owner | ||
chooses to sell a motor vehicle, aircraft, mobile home, moped, | ||
motorcycle, snowmobile, trailer, or watercraft, the owner | ||
shall contact the Secretary of State and any other | ||
governmental agency as reasonably necessary to determine the |
name and address of the title holder or lienholder of the item, | ||
and the owner shall notify every identified title holder or | ||
lienholder of the time and place of the proposed sale. The | ||
owner is required to notify the holder of a security interest | ||
only if the security interest is filed under the name of the | ||
person signing the rental agreement or an occupant. An owner | ||
who fails to make the lien searches required by this Section is | ||
liable only to valid lienholders injured by that failure as | ||
provided in Section 3 . ; | ||
(H) Before any sale or other disposition of personal | ||
property pursuant
to this Section, the occupant may pay the | ||
amount necessary to satisfy the
lien, and the reasonable | ||
expenses incurred under this Section, and thereby
redeem the | ||
personal property. Upon receipt of such payment, the owner | ||
shall
return the personal property, and thereafter the owner | ||
shall have no liability
to any person with respect to such | ||
personal property . ;
| ||
(I) A purchaser in good faith of the personal property | ||
sold to satisfy
a lien, as provided for in Section 3 of this | ||
Act, takes the property free
of any rights of persons against | ||
whom the lien was valid, despite noncompliance
by the owner | ||
with the requirements of this Section . ;
| ||
(J) In the event of a sale under this Section, the owner | ||
may satisfy his
lien from the proceeds of the sale, but shall | ||
hold the balance, if any,
for delivery on demand to the | ||
occupant. If the occupant does not claim
the balance of the |
proceeds within one year of the date of sale, it shall
become | ||
the property of the owner without further recourse by the | ||
occupant.
| ||
(K) The lien on any personal property created by this Act | ||
shall be terminated
as to any such personal property which is | ||
sold or otherwise disposed of
pursuant to this Act and any such | ||
personal property which is removed from
the self-service | ||
storage facility. | ||
(L) If 3 or more bidders who are unrelated to the owner are | ||
in attendance at a sale held under this Section, the sale and | ||
its proceeds are deemed to be commercially reasonable.
| ||
(Source: P.A. 97-599, eff. 8-26-11; 98-1106, eff. 1-1-15; | ||
revised 7-16-21.)
| ||
Section 215. The Predatory Loan Prevention Act is amended | ||
by changing Section 15-1-1 as follows: | ||
(815 ILCS 123/15-1-1)
| ||
Sec. 15-1-1. Short title. This Article Act may be cited as | ||
the Predatory Loan Prevention Act. References in this Article | ||
to "this Act" mean this Article.
| ||
(Source: P.A. 101-658, eff. 3-23-21; revised 7-16-21.) | ||
Section 220. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Section 2Z.5 as follows: |
(815 ILCS 505/2Z.5) | ||
(Section scheduled to be repealed on August 1, 2022) | ||
Sec. 2Z.5. Dissemination of a sealed a court file. | ||
(a) A private entity or person who violates Section | ||
9-121.5 of the Code of Civil Procedure commits an unlawful | ||
practice within the meaning of this Act. | ||
(b) This Section is repealed on August 1, 2022.
| ||
(Source: P.A. 102-5, eff. 5-17-21; revised 7-16-21.) | ||
Section 225. The Unemployment Insurance Act is amended by | ||
changing Section 612 as follows:
| ||
(820 ILCS 405/612) (from Ch. 48, par. 442)
| ||
Sec. 612. Academic personnel; ineligibility personnel - | ||
ineligibility between academic years or
terms. | ||
A. Benefits based on wages for services which are | ||
employment under the
provisions
of Sections 211.1, 211.2, and | ||
302C shall be payable in the same amount,
on the same terms, | ||
and subject to the same conditions as benefits payable
on the | ||
basis of wages for other services which are employment under | ||
this
Act; except that:
| ||
1. An individual shall be ineligible for
benefits, on | ||
the basis of wages for employment in an instructional, | ||
research,
or principal administrative capacity performed | ||
for an institution of higher
education, for any week which | ||
begins during the period between two successive
academic |
years, or during a similar period between two regular | ||
terms, whether
or not successive, or during a period of | ||
paid sabbatical leave provided
for in the individual's | ||
contract, if the individual has a
contract or contracts to | ||
perform services in any such capacity for any
institution
| ||
or institutions of higher education for both such academic | ||
years or both such
terms.
| ||
This paragraph 1 shall apply with respect to any week | ||
which begins prior
to January 1, 1978.
| ||
2. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment in any | ||
capacity other than those referred to in
paragraph 1, | ||
performed for an institution of higher learning, for
any | ||
week which begins after September 30, 1983, during a | ||
period between
two successive academic years or terms, if | ||
the individual performed such
service in the first of such | ||
academic years or terms and there is a reasonable
| ||
assurance
that the individual will perform such service in | ||
the second of such academic
years or terms.
| ||
3. An individual shall be ineligible for benefits, on | ||
the basis of
wages for service in employment in any | ||
capacity other than those referred
to in paragraph 1, | ||
performed for an institution of higher education, for
any | ||
week which begins after January 5, 1985, during an | ||
established and
customary vacation period or holiday | ||
recess, if the individual performed
such service in the |
period immediately before such vacation period or
holiday | ||
recess and there is a reasonable assurance that the | ||
individual will
perform such service in the period | ||
immediately following such vacation
period or holiday | ||
recess.
| ||
B. Benefits based on wages for services which are | ||
employment under the
provisions of Sections 211.1 and 211.2 | ||
shall be payable in the same amount,
on the same terms, and | ||
subject to the same conditions, as benefits payable
on the | ||
basis
of wages for other services which are employment under | ||
this Act, except that:
| ||
1. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment
in an | ||
instructional, research, or principal administrative | ||
capacity performed
for an educational institution, for any | ||
week which begins after December
31, 1977, during a period | ||
between two successive academic years, or during
a similar | ||
period between two regular terms, whether or not | ||
successive, or
during a period of paid sabbatical leave | ||
provided for in the individual's
contract, if the | ||
individual performed such service in the first of such
| ||
academic years (or terms) and if there is a contract or a | ||
reasonable assurance
that the individual will perform | ||
service in any such capacity for any
educational
| ||
institution in the second of such academic years (or | ||
terms).
|
2. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment in any | ||
capacity other than those referred to in
paragraph 1, | ||
performed for an educational institution,
for any week | ||
which
begins after December 31, 1977, during a period | ||
between two successive academic
years or terms, if the | ||
individual performed such service in the first of
such | ||
academic years or terms and there is a reasonable | ||
assurance that the
individual will perform such service in | ||
the second of such academic years or
terms.
| ||
3. An individual shall be ineligible for benefits, on | ||
the basis of
wages for service in employment in any | ||
capacity performed for an
educational institution, for any | ||
week which begins after January 5, 1985,
during an | ||
established and customary vacation period or holiday | ||
recess, if
the individual performed such service in the | ||
period immediately before such
vacation period or holiday | ||
recess and there is a reasonable assurance that
the | ||
individual will perform such service in the period | ||
immediately
following such vacation period or holiday | ||
recess.
| ||
4. An individual shall be ineligible for benefits on | ||
the basis of wages
for service in employment in any | ||
capacity performed in an educational
institution while in | ||
the employ of an educational service agency
for any week | ||
which begins after January 5, 1985, (a) during a period
|
between two successive academic years or terms, if the | ||
individual performed
such service in the first of such | ||
academic years or terms and there is
a reasonable | ||
assurance that the individual will perform such service in
| ||
the second of such academic years or terms; and (b) during | ||
an established
and customary vacation period or holiday | ||
recess, if the individual performed
such service in the | ||
period immediately before such vacation period or holiday
| ||
recess and there is a reasonable assurance that the | ||
individual will perform
such service in the period | ||
immediately following such vacation period or
holiday | ||
recess.
The term "educational service agency" means a | ||
governmental agency or
governmental
entity which is | ||
established and operated exclusively for the purpose of
| ||
providing such services to one or more educational | ||
institutions.
| ||
C. 1. If benefits are denied to any individual under the | ||
provisions of
paragraph
2 of either subsection A or B of this | ||
Section for any week which begins
on or after September 3, 1982 | ||
and such individual is not offered a bona
fide opportunity to | ||
perform such services for the educational institution
for the | ||
second of such academic years or terms, such individual shall | ||
be
entitled to a retroactive payment of benefits for each week | ||
for which the
individual filed a timely claim for benefits as | ||
determined by the rules
and regulations issued by the Director | ||
for the filing of claims for benefits,
provided that such |
benefits were denied solely because of the provisions
of | ||
paragraph 2 of either subsection A or B of this Section.
| ||
2. If benefits on the basis of wages for service in | ||
employment in
other than an instructional, research, or | ||
principal administrative capacity
performed in an educational | ||
institution while in the employ of an
educational service | ||
agency are denied to any individual under the
provisions of | ||
subparagraph (a) of paragraph 4 of subsection B and such
| ||
individual is not offered a bona fide opportunity to perform | ||
such services
in an educational institution while in the | ||
employ of an educational service
agency for the second of such | ||
academic years or terms, such individual
shall be entitled to | ||
a retroactive payment of benefits for each week for
which the | ||
individual filed a timely claim for benefits as determined by | ||
the
rules and regulations issued by the Director for the | ||
filing of claims for
benefits, provided that such benefits | ||
were denied solely because
of subparagraph (a) of paragraph 4 | ||
of subsection B of this Section.
| ||
D. Notwithstanding any other provision in this Section or | ||
paragraph 2 of subsection C of Section 500 to the contrary, | ||
with respect to a week of unemployment beginning on or after | ||
March 15, 2020, and before September 4, 2021 , (including any | ||
week of unemployment beginning on or after January 1, 2021 and | ||
on or before June 25, 2021 ( the effective date of Public Act | ||
102-26) this amendatory Act of the 102nd General Assembly ), | ||
benefits shall be payable to an individual on the basis of |
wages for employment in other than an instructional, research, | ||
or principal administrative capacity performed for an | ||
educational institution or an educational service agency under | ||
any of the circumstances described in this Section, to the | ||
extent permitted under Section 3304(a)(6) of the Federal | ||
Unemployment Tax Act, as long as the individual is otherwise | ||
eligible for benefits. | ||
(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21; | ||
revised 8-3-21.)
| ||
Section 240. Continuation of provisions; validation. | ||
(a) The General Assembly finds and declares that Public | ||
Act 102-28 and this
Act manifest the
intention of the General | ||
Assembly to have Section 1-2-12.1 of the Illinois Municipal | ||
Code and Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, | ||
110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of | ||
the Code of Criminal Procedure of 1963 continue in effect | ||
until January 1, 2023. | ||
(b) Section 1-2-12.1 of the Illinois Municipal Code and | ||
Sections 110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9, | ||
110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 of the Code | ||
of Criminal Procedure of 1963 are deemed to have been in | ||
continuous
effect and shall continue to be in effect
until | ||
January 1, 2023. All actions taken in reliance on or under | ||
Section 1-2-12.1 of the Illinois Municipal Code and Sections | ||
110-5.1, 110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13, |
110-14, 110-15, 110-16, 110-17, and 110-18 of the Code of | ||
Criminal Procedure of 1963 by any person or entity before the | ||
effective date of this Act are hereby validated. | ||
(c) To ensure the continuing effectiveness of Section | ||
1-2-12.1 of the Illinois Municipal Code and Sections 110-5.1, | ||
110-6.3, 110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, | ||
110-16, 110-17, and 110-18 of the Code of Criminal Procedure | ||
of 1963, those Sections are set forth in full and reenacted by | ||
this Act. Striking and underscoring
are used only to show | ||
changes being made to the base text. This
reenactment is | ||
intended as a continuation of this Act. This
reenactment is
| ||
not intended to supersede any amendment to this Act that may be
| ||
made by any other Public Act of the 102nd General Assembly. | ||
Section 245. The Illinois Municipal Code is amended by | ||
reenacting and changing Section 1-2-12.1 as follows: | ||
(65 ILCS 5/1-2-12.1) | ||
Sec. 1-2-12.1. Municipal bond fees. A municipality may | ||
impose a fee up to $20 for bail processing against any person | ||
arrested for violating a bailable municipal ordinance or a | ||
State or federal law.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 97-368, eff. 8-15-11; P.A. 101-652, eff. 7-1-21. | ||
Repealed by P.A. 102-28, eff. 1-1-23.) |
Section 250. The Code of Criminal Procedure of 1963 is | ||
amended by reenacting and changing Sections 110-5.1, 110-6.3, | ||
110-6.5, 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, | ||
110-17, and 110-18 as follows: | ||
(725 ILCS 5/110-5.1) | ||
Sec. 110-5.1. Bail; certain persons charged with violent | ||
crimes against family or household members. | ||
(a) Subject to subsection (c), a person who is charged | ||
with a violent crime shall appear before the court for the | ||
setting of bail if the alleged victim was a family or household | ||
member at the time of the alleged offense, and if any of the | ||
following applies: | ||
(1) the person charged, at the time of the alleged | ||
offense, was subject to the terms of an order of | ||
protection issued under Section 112A-14 of this Code or | ||
Section 214 of the Illinois Domestic Violence Act of 1986 | ||
or previously was convicted of a violation of an order of | ||
protection under Section 12-3.4 or 12-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or a violent | ||
crime if the victim was a family or household member at the | ||
time of the offense or a violation of a substantially | ||
similar municipal ordinance or law of this or any other | ||
state or the United States if the victim was a family or | ||
household member at the time of the offense; | ||
(2) the arresting officer indicates in a police report |
or other document accompanying the complaint any of the | ||
following: | ||
(A) that the arresting officer observed on the | ||
alleged victim objective manifestations of physical | ||
harm that the arresting officer reasonably believes | ||
are a result of the alleged offense; | ||
(B) that the arresting officer reasonably believes | ||
that the person had on the person's person at the time | ||
of the alleged offense a deadly weapon; | ||
(C) that the arresting officer reasonably believes | ||
that the person presents a credible threat of serious | ||
physical harm to the alleged victim or to any other | ||
person if released on bail before trial. | ||
(b) To the extent that information about any of the | ||
following is available to the court, the court shall consider | ||
all of the following, in addition to any other circumstances | ||
considered by the court, before setting bail for a person who | ||
appears before the court pursuant to subsection (a): | ||
(1) whether the person has a history of domestic | ||
violence or a history of other violent acts; | ||
(2) the mental health of the person; | ||
(3) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(4) whether the person is potentially a threat to any | ||
other person; | ||
(5) whether the person has access to deadly weapons or |
a history of using deadly weapons; | ||
(6) whether the person has a history of abusing | ||
alcohol or any controlled substance; | ||
(7) the severity of the alleged violence that is the | ||
basis of the alleged offense, including, but not limited | ||
to, the duration of the alleged violent incident, and | ||
whether the alleged violent incident involved serious | ||
physical injury, sexual assault, strangulation, abuse | ||
during the alleged victim's pregnancy, abuse of pets, or | ||
forcible entry to gain access to the alleged victim; | ||
(8) whether a separation of the person from the | ||
alleged victim or a termination of the relationship | ||
between the person and the alleged victim has recently | ||
occurred or is pending; | ||
(9) whether the person has exhibited obsessive or | ||
controlling behaviors toward the alleged victim, | ||
including, but not limited to, stalking, surveillance, or | ||
isolation of the alleged victim; | ||
(10) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(11) any information contained in the complaint and | ||
any police reports, affidavits, or other documents | ||
accompanying the complaint. | ||
(c) Upon the court's own motion or the motion of a party | ||
and upon any terms that the court may direct, a court may | ||
permit a person who is required to appear before it by |
subsection (a) to appear by video conferencing equipment. If, | ||
in the opinion of the court, the appearance in person or by | ||
video conferencing equipment of a person who is charged with a | ||
misdemeanor and who is required to appear before the court by | ||
subsection (a) is not practicable, the court may waive the | ||
appearance and release the person on bail on one or both of the | ||
following types of bail in an amount set by the court: | ||
(1) a bail bond secured by a deposit of 10% of the | ||
amount of the bond in cash; | ||
(2) a surety bond, a bond secured by real estate or | ||
securities as allowed by law, or the deposit of cash, at | ||
the option of the person. | ||
Subsection (a) does not create a right in a person to | ||
appear before the court for the setting of bail or prohibit a | ||
court from requiring any person charged with a violent crime | ||
who is not described in subsection (a) from appearing before | ||
the court for the setting of bail. | ||
(d) As used in this Section: | ||
(1) "Violent crime" has the meaning ascribed to it in | ||
Section 3 of the Rights of Crime Victims and Witnesses | ||
Act. | ||
(2) "Family or household member" has the meaning | ||
ascribed to it in Section 112A-3 of this Code.
| ||
(e) This Section is repealed on January 1, 2023. | ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||
P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff. |
1-1-23.)
| ||
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||
Sec. 110-6.3. Denial of bail in stalking and aggravated | ||
stalking
offenses. | ||
(a) Upon verified petition by the State, the court shall | ||
hold a
hearing to determine whether bail should be denied to a | ||
defendant who is
charged with
stalking or aggravated stalking, | ||
when it is alleged that the defendant's
admission to bail | ||
poses a real and present threat to the physical safety of
the | ||
alleged victim of the offense, and denial of release on bail or
| ||
personal recognizance is necessary to prevent fulfillment of | ||
the threat
upon which the charge is based.
| ||
(1) A petition may be filed without prior notice to | ||
the defendant at the
first appearance before a judge, or | ||
within 21 calendar days, except as
provided in Section | ||
110-6, after arrest and release of the defendant upon
| ||
reasonable notice to defendant; provided that while the | ||
petition is
pending before the court, the defendant if | ||
previously released shall not be
detained.
| ||
(2) The hearing shall be held immediately upon the | ||
defendant's
appearance before the court, unless for good | ||
cause shown the defendant or
the State seeks a | ||
continuance. A continuance on motion of the defendant
may | ||
not exceed 5 calendar days, and the defendant may be held | ||
in custody
during the continuance. A continuance on the |
motion of the State may not
exceed 3 calendar days; | ||
however, the defendant may be held in custody
during the | ||
continuance under this provision if the defendant has been
| ||
previously found to have violated an order of protection | ||
or has been
previously convicted of, or granted court | ||
supervision for, any of the
offenses set forth in Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
| ||
12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, | ||
12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, against the
same | ||
person
as the alleged victim of the stalking or aggravated | ||
stalking offense.
| ||
(b) The court may deny bail to the defendant when, after | ||
the hearing, it
is determined that:
| ||
(1) the proof is evident or the presumption great that | ||
the defendant has
committed the offense of stalking or | ||
aggravated stalking; and
| ||
(2) the defendant poses a real and present threat to | ||
the physical safety
of the alleged victim of the offense; | ||
and
| ||
(3) the denial of release on bail or personal | ||
recognizance is
necessary to prevent fulfillment of the | ||
threat upon which the charge is based;
and
| ||
(4) the court finds that no condition or combination | ||
of conditions set
forth in subsection (b) of Section | ||
110-10 of this Code, including mental
health treatment at |
a community mental health center, hospital, or
facility of | ||
the Department of Human Services,
can reasonably assure | ||
the physical safety of the alleged victim of the offense.
| ||
(c) Conduct of the hearings.
| ||
(1) The hearing on the defendant's culpability and | ||
threat to the
alleged victim of the offense shall be
| ||
conducted in accordance with the following provisions:
| ||
(A) Information used by the court in its findings | ||
or stated in or
offered
at the hearing may be by way of | ||
proffer based upon reliable information
offered by the | ||
State or by defendant. Defendant has the right to be
| ||
represented by counsel, and if he is indigent, to have | ||
counsel appointed
for him. Defendant shall have the | ||
opportunity to testify, to present
witnesses in his | ||
own behalf, and to cross-examine witnesses if any are
| ||
called by the State. The defendant has the right to | ||
present witnesses in
his favor. When the ends of | ||
justice so require, the court may exercise
its | ||
discretion and compel the appearance of a complaining
| ||
witness. The court shall state on the record reasons | ||
for granting a
defense request to compel the presence | ||
of a complaining witness.
Cross-examination of a | ||
complaining witness at the pretrial detention hearing | ||
for
the purpose of impeaching the witness' credibility | ||
is insufficient reason
to compel the presence of the | ||
witness. In deciding whether to compel the
appearance |
of a complaining witness, the court shall be | ||
considerate of the
emotional and physical well-being | ||
of the witness.
The pretrial detention hearing is not | ||
to be used for the purposes of
discovery, and the post | ||
arraignment rules of discovery do not apply. The
State | ||
shall tender to the
defendant, prior to the hearing, | ||
copies of defendant's criminal history, if
any, if | ||
available, and any written or recorded statements and | ||
the substance
of any oral statements made by any | ||
person, if relied upon by the State.
The rules | ||
concerning the admissibility of evidence in
criminal | ||
trials do not apply to the presentation and | ||
consideration of
information at the hearing. At the | ||
trial concerning the offense for which
the hearing was | ||
conducted neither the finding of the court nor any
| ||
transcript or other record of the hearing shall be | ||
admissible in the
State's case in chief, but shall be | ||
admissible for impeachment, or as
provided in Section | ||
115-10.1 of this Code, or in a perjury proceeding.
| ||
(B) A motion by the defendant to suppress evidence | ||
or to suppress a
confession shall not be entertained. | ||
Evidence that proof may have been
obtained as the | ||
result of an unlawful search and seizure or through
| ||
improper interrogation is not relevant to this state | ||
of the prosecution.
| ||
(2) The facts relied upon by the court to support a |
finding that:
| ||
(A) the
defendant poses a real and present threat | ||
to the physical safety of the
alleged victim of the | ||
offense; and
| ||
(B) the denial of release on bail or personal
| ||
recognizance is necessary to prevent fulfillment of | ||
the threat upon which
the charge is based;
| ||
shall be supported by clear and convincing evidence
| ||
presented by the State.
| ||
(d) Factors to be considered in making a determination of | ||
the threat to
the alleged victim of the offense.
The court may, | ||
in determining whether the defendant poses, at the time of
the | ||
hearing, a real and
present threat to the physical safety of | ||
the alleged victim of the offense,
consider but
shall not be | ||
limited to evidence or testimony concerning:
| ||
(1) The nature and circumstances of the offense | ||
charged;
| ||
(2) The history and characteristics of the defendant | ||
including:
| ||
(A) Any evidence of the defendant's prior criminal | ||
history indicative of
violent, abusive or assaultive | ||
behavior, or lack of that behavior. The
evidence may | ||
include testimony or documents received in juvenile
| ||
proceedings, criminal, quasi-criminal, civil | ||
commitment, domestic relations
or other proceedings;
| ||
(B) Any evidence of the defendant's psychological, |
psychiatric or other
similar social history that tends | ||
to indicate a violent, abusive, or
assaultive nature, | ||
or lack of any such history.
| ||
(3) The nature of the threat which is the basis of the | ||
charge against the defendant;
| ||
(4) Any statements made by, or attributed to the | ||
defendant, together with
the circumstances surrounding | ||
them;
| ||
(5) The age and physical condition of any person | ||
assaulted
by the defendant;
| ||
(6) Whether the defendant is known to possess or have | ||
access to any
weapon or weapons;
| ||
(7) Whether, at the time of the current offense or any | ||
other offense or
arrest, the defendant was on probation, | ||
parole, aftercare release, mandatory supervised
release or | ||
other release from custody pending trial, sentencing, | ||
appeal or
completion of sentence for an offense under | ||
federal or state law;
| ||
(8) Any other factors, including those listed in | ||
Section 110-5 of this
Code, deemed by the court to have a | ||
reasonable bearing upon the
defendant's propensity or | ||
reputation for violent, abusive or assaultive
behavior, or | ||
lack of that behavior.
| ||
(e) The court shall, in any order denying bail to a person | ||
charged with
stalking or aggravated stalking:
| ||
(1) briefly summarize the evidence of the defendant's |
culpability and its
reasons for concluding that the | ||
defendant should be held without bail;
| ||
(2) direct that the defendant be committed to the | ||
custody of the sheriff
for confinement in the county jail | ||
pending trial;
| ||
(3) direct that the defendant be given a reasonable | ||
opportunity for
private consultation with counsel, and for | ||
communication with others of his
choice by visitation, | ||
mail and telephone; and
| ||
(4) direct that the sheriff deliver the defendant as | ||
required for
appearances in connection with court | ||
proceedings.
| ||
(f) If the court enters an order for the detention of the | ||
defendant
under subsection (e) of this Section, the defendant | ||
shall be brought to
trial on the offense for which he is | ||
detained within 90 days after the date
on which the order for | ||
detention was entered. If the defendant is not
brought to | ||
trial within the 90 day period required by this subsection | ||
(f),
he shall not be held longer without bail. In computing the | ||
90 day period,
the court shall omit any period of delay | ||
resulting from a continuance
granted at the request of the | ||
defendant.
The court shall immediately notify the alleged | ||
victim of the offense that the defendant
has been admitted to | ||
bail under this subsection.
| ||
(g) Any person shall be entitled to appeal any
order | ||
entered under this Section denying bail to the defendant.
|
(h) The State may appeal any order entered under this | ||
Section denying any
motion for denial of bail.
| ||
(i) Nothing in this Section shall be construed as | ||
modifying or limiting
in any way the defendant's presumption | ||
of innocence in further criminal
proceedings.
| ||
(j) This Section is repealed on January 1, 2023. | ||
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
98-558, eff. 1-1-14; P.A. 101-652, eff. 7-1-21. Repealed by | ||
P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-6.5)
| ||
Sec. 110-6.5. Drug testing program. The Chief Judge of the | ||
circuit may establish a drug testing program as provided
by | ||
this Section in any county in the circuit if the county board | ||
has approved
the establishment of the program and the county | ||
probation department or
pretrial services agency has consented | ||
to administer it. The drug testing
program shall be conducted | ||
under the following provisions:
| ||
(a) The court, in the case of a defendant charged with a | ||
felony offense or
any offense involving the possession or | ||
delivery of cannabis or a
controlled substance, shall:
| ||
(1) not consider the release of the defendant on his | ||
or her own
recognizance, unless the defendant consents to | ||
periodic drug testing during
the period of release on his | ||
or her own recognizance, in accordance with this
Section;
| ||
(2) consider the consent of the defendant to periodic |
drug testing
during the period of release on bail in | ||
accordance with this Section as a
favorable factor for the | ||
defendant in determining the amount of bail, the
| ||
conditions of release or in considering the defendant's | ||
motion to reduce
the amount of bail.
| ||
(b) The drug testing shall be conducted by the pretrial | ||
services agency or
under the direction of the probation | ||
department when a pretrial services
agency does not exist in | ||
accordance with this Section.
| ||
(c) A defendant who consents to periodic drug testing as | ||
set forth in this
Section
shall sign an agreement with the | ||
court that, during the period of release,
the defendant shall | ||
refrain from using illegal drugs and that the
defendant will | ||
comply with the conditions of the testing program. The
| ||
agreement shall be on a form prescribed by the court and shall | ||
be executed
at the time of the bail hearing. This agreement | ||
shall be made a specific
condition of bail.
| ||
(d) The drug testing program shall be conducted as | ||
follows:
| ||
(1) The testing shall be done by urinalysis for the | ||
detection of
phencyclidine, heroin, cocaine, methadone and | ||
amphetamines.
| ||
(2) The collection of samples shall be performed under | ||
reasonable and
sanitary conditions.
| ||
(3) Samples shall be collected and tested with due | ||
regard for the
privacy of the individual being tested and |
in a manner reasonably
calculated to prevent substitutions | ||
or interference with the collection or
testing of reliable | ||
samples.
| ||
(4) Sample collection shall be documented, and the | ||
documentation
procedures shall include:
| ||
(i) Labeling of samples so as to reasonably | ||
preclude the probability of
erroneous identification | ||
of test results; and
| ||
(ii) An opportunity for the defendant to provide | ||
information on the
identification of prescription or | ||
nonprescription drugs used in connection
with a | ||
medical condition.
| ||
(5) Sample collection, storage, and transportation to | ||
the place of
testing shall be performed so as to | ||
reasonably preclude the probability of
sample | ||
contamination or adulteration.
| ||
(6) Sample testing shall conform to scientifically | ||
accepted analytical
methods and procedures. Testing shall | ||
include verification or confirmation
of any positive test | ||
result by a reliable analytical method before the
result | ||
of any test may be used as a basis for any action by the | ||
court.
| ||
(e) The initial sample shall be collected before the | ||
defendant's release
on bail. Thereafter, the defendant shall | ||
report to the pretrial services
agency or probation department | ||
as required
by the agency or department. The pretrial
services |
agency or probation department shall
immediately notify the | ||
court of
any defendant who fails to report for testing.
| ||
(f) After the initial test, a subsequent confirmed | ||
positive test result
indicative of continued drug use shall | ||
result in the following:
| ||
(1) Upon the first confirmed positive test result, the | ||
pretrial services
agency or probation department, shall | ||
place the defendant on a more
frequent testing schedule | ||
and shall warn the defendant of the consequences
of | ||
continued drug use.
| ||
(2) A second confirmed positive test result shall be | ||
grounds for a
hearing before the judge who authorized the | ||
release of the defendant in
accordance with the provisions | ||
of subsection (g) of this Section.
| ||
(g) The court shall, upon motion of the State or upon its | ||
own motion,
conduct a hearing in connection with any defendant | ||
who fails to appear for
testing, fails to cooperate with the | ||
persons conducting the testing
program, attempts to submit a | ||
sample not his or her own or has had a
confirmed positive test | ||
result indicative of continued drug use for the second
or | ||
subsequent time after the
initial test. The hearing shall be | ||
conducted in accordance with the
procedures of Section 110-6.
| ||
Upon a finding by the court that the State has established | ||
by clear and
convincing evidence that the defendant has | ||
violated the drug testing
conditions of bail, the court may | ||
consider any of the following sanctions:
|
(1) increase the amount of the defendant's bail or | ||
conditions of release;
| ||
(2) impose a jail sentence of up to 5 days;
| ||
(3) revoke the defendant's bail; or
| ||
(4) enter such other orders which are within the power | ||
of the court as
deemed appropriate.
| ||
(h) The results of any drug testing conducted under this | ||
Section
shall not be admissible on the issue of the | ||
defendant's guilt in connection
with any criminal charge.
| ||
(i) The court may require that the defendant pay for the | ||
cost of drug
testing.
| ||
(j) This Section is repealed on January 1, 2023. | ||
(Source: P.A. 88-677, eff. 12-15-94; P.A. 101-652, eff. | ||
7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||
Sec. 110-7. Deposit of bail security.
| ||
(a) The person for whom bail has been set shall execute the | ||
bail bond and
deposit with the clerk of the court before which | ||
the proceeding is pending a
sum of money equal to 10% of the | ||
bail, but in no event shall such deposit be
less than $25. The | ||
clerk of the court shall provide a space on each form for a
| ||
person other than the accused who has provided the money for | ||
the posting of
bail to so indicate and a space signed by an
| ||
accused who has executed the bail bond indicating whether a | ||
person other
than the accused has provided the money for the |
posting of bail. The form
shall also include a written notice | ||
to such person who has provided
the defendant with the money | ||
for the posting of bail indicating that the bail
may be used to | ||
pay costs, attorney's fees, fines, or other purposes | ||
authorized
by the court and if the
defendant fails to comply | ||
with the conditions of the bail bond, the court
shall enter an | ||
order declaring the bail to be forfeited. The written notice
| ||
must be: (1) distinguishable from the surrounding text; (2) in | ||
bold type or
underscored; and (3) in a type size at least 2 | ||
points larger than the
surrounding type. When a person for | ||
whom
bail has been set is charged with an offense under the | ||
Illinois Controlled
Substances Act or the Methamphetamine | ||
Control and Community Protection Act which is a Class X | ||
felony, or making a terrorist threat in violation of
Section | ||
29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 or an attempt to commit the offense of making a terrorist | ||
threat, the court may require the
defendant to deposit a sum | ||
equal to 100% of the bail.
Where any person is charged with a | ||
forcible felony while free on bail and
is the subject of | ||
proceedings under Section 109-3 of this Code the judge
| ||
conducting the preliminary examination may also conduct a | ||
hearing upon the
application of the State pursuant to the | ||
provisions of Section 110-6 of this
Code to increase or revoke | ||
the bail for that person's prior alleged offense.
| ||
(b) Upon depositing this sum and any bond fee authorized | ||
by law, the person
shall be released
from custody subject to |
the conditions of the bail bond.
| ||
(c) Once bail has been given and a charge is pending or
is | ||
thereafter filed in or transferred to a court of competent
| ||
jurisdiction the latter court shall continue the original bail
| ||
in that court subject to the provisions of Section 110-6 of | ||
this Code.
| ||
(d) After conviction the court may order that the original
| ||
bail stand as bail pending appeal or deny, increase or reduce | ||
bail
subject to the provisions of Section 110-6.2.
| ||
(e) After the entry of an order by the trial court allowing
| ||
or denying bail pending appeal either party may apply to the
| ||
reviewing court having jurisdiction or to a justice thereof
| ||
sitting in vacation for an order increasing or decreasing the
| ||
amount of bail or allowing or denying bail pending appeal | ||
subject to the
provisions of Section 110-6.2.
| ||
(f) When the conditions of the bail bond have been | ||
performed
and the accused has been discharged from all | ||
obligations in the
cause the clerk of the court shall return to | ||
the accused or to the
defendant's designee by an assignment | ||
executed at the time the bail amount
is deposited, unless
the | ||
court orders otherwise, 90% of the sum which had been
| ||
deposited and shall retain as bail bond costs 10% of the amount
| ||
deposited. However, in no event shall the amount retained by | ||
the
clerk as bail bond costs be less than $5. Notwithstanding | ||
the foregoing, in counties with a population of 3,000,000 or | ||
more, in no event shall the amount retained by the clerk as |
bail bond costs exceed $100. Bail bond deposited by or on
| ||
behalf of a defendant in one case may be used, in the court's | ||
discretion,
to satisfy financial obligations of that same | ||
defendant incurred in a
different case due to a fine, court | ||
costs,
restitution or fees of the defendant's attorney of | ||
record. In counties with
a population of 3,000,000 or more, | ||
the court shall
not order bail bond deposited by or on behalf | ||
of a defendant in one case to
be used to satisfy financial | ||
obligations of that same defendant in a
different case until | ||
the bail bond is first used to satisfy court costs and
| ||
attorney's fees in
the case in which the bail bond has been | ||
deposited and any other unpaid child
support obligations are | ||
satisfied. In counties with a population of less than | ||
3,000,000, the court shall
not order bail bond deposited by or | ||
on behalf of a defendant in one case to
be used to satisfy | ||
financial obligations of that same defendant in a
different | ||
case until the bail bond is first used to satisfy court costs
| ||
in
the case in which the bail bond has been deposited.
| ||
At the request of the defendant the court may order such | ||
90% of
defendant's bail deposit, or whatever amount is | ||
repayable to defendant
from such deposit, to be paid to | ||
defendant's attorney of record.
| ||
(g) If the accused does not comply with the conditions of
| ||
the bail bond the court having jurisdiction shall enter an
| ||
order declaring the bail to be forfeited. Notice of such order
| ||
of forfeiture shall be mailed forthwith to the accused at his
|
last known address. If the accused does not appear and | ||
surrender
to the court having jurisdiction within 30 days from | ||
the date of
the forfeiture or within such period satisfy the | ||
court
that appearance and surrender by the accused is | ||
impossible
and without his fault the court shall enter | ||
judgment for the State if the
charge for which the bond was | ||
given was a felony
or misdemeanor, or if the charge was | ||
quasi-criminal or traffic,
judgment for the political | ||
subdivision of the State which
prosecuted the case, against | ||
the accused for the amount of
the bail and costs of the court | ||
proceedings; however,
in counties with a population of less | ||
than 3,000,000, instead of the court
entering a judgment for | ||
the full amount
of the bond the court may, in its discretion, | ||
enter judgment for the cash
deposit on the bond, less costs, | ||
retain the deposit for further disposition or,
if a cash bond | ||
was posted for failure to appear in a matter involving
| ||
enforcement of child support or maintenance, the amount of the | ||
cash deposit on
the bond, less outstanding costs, may be | ||
awarded to the person or entity to
whom the child support or | ||
maintenance is due. The deposit
made in accordance with | ||
paragraph (a) shall be applied to
the payment of costs. If | ||
judgment is entered and any amount of such
deposit remains
| ||
after the payment of costs it shall be applied to payment of
| ||
the judgment and transferred to the treasury of the municipal
| ||
corporation wherein the bond was taken if the offense was a
| ||
violation of any penal ordinance of a political subdivision
of |
this State, or to the treasury of the county wherein the
bond | ||
was taken if the offense was a violation of any penal
statute | ||
of this State. The balance of the judgment may be
enforced and | ||
collected in the same manner as a judgment entered
in a civil | ||
action.
| ||
(h) After a judgment for a fine and court costs or either | ||
is
entered in the prosecution of a cause in which a deposit had
| ||
been made in accordance with paragraph (a) the balance of such
| ||
deposit, after deduction of bail bond costs, shall be applied
| ||
to the payment of the judgment.
| ||
(i) When a court appearance is required for an alleged | ||
violation of the Criminal Code of 1961, the Criminal Code of | ||
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||
and Aquatic Life Code, the Child Passenger Protection Act, or | ||
a comparable offense of a unit of local government as | ||
specified in Supreme Court Rule 551, and if the accused does | ||
not appear in court on the date set for appearance or any date | ||
to which the case may be continued and the court issues an | ||
arrest warrant for the accused, based upon his or her failure | ||
to appear when having so previously been ordered to appear by | ||
the court, the accused upon his or her admission to bail shall | ||
be assessed by the court a fee of $75. Payment of the fee shall | ||
be a condition of release unless otherwise ordered by the | ||
court. The fee shall be in addition to any bail that the | ||
accused is required to deposit for the offense for which the | ||
accused has been charged and may not be used for the payment of |
court costs or fines assessed for the offense. The clerk of the | ||
court shall remit $70 of the fee assessed to the arresting | ||
agency who brings the offender in on the arrest warrant. If the | ||
Department of State Police is the arresting agency, $70 of the | ||
fee assessed shall be remitted by the clerk of the court to the | ||
State Treasurer within one month after receipt for deposit | ||
into the State Police Operations Assistance Fund. The clerk of | ||
the court shall remit $5 of the fee assessed to the Circuit | ||
Court Clerk Operation and Administrative Fund as provided in | ||
Section 27.3d of the Clerks of Courts Act.
| ||
(j) This Section is repealed on January 1, 2023. | ||
(Source: P.A. 99-412, eff. 1-1-16; P.A. 101-652, eff. 7-1-21. | ||
Repealed by P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
| ||
Sec. 110-8. Cash, stocks, bonds and real estate as | ||
security for bail.
| ||
(a) In lieu of the bail deposit provided for in Section | ||
110-7 of this
Code any person for whom bail has been set may | ||
execute the bail bond with
or without sureties which bond may | ||
be secured:
| ||
(1) By a deposit, with the clerk of the court, of an amount | ||
equal to the
required bail, of cash, or stocks and bonds in | ||
which trustees are
authorized to invest trust funds under the | ||
laws of this State; or
| ||
(2) By real estate situated in this State with |
unencumbered equity not
exempt owned by the accused or | ||
sureties worth double the amount of bail set
in the bond.
| ||
(b) If the bail bond is secured by stocks and bonds the | ||
accused or
sureties shall file with the bond a sworn schedule | ||
which shall be approved
by the court and shall contain:
| ||
(1) A list of the stocks and bonds deposited | ||
describing each in
sufficient detail that it may be | ||
identified;
| ||
(2) The market value of each stock and bond;
| ||
(3) The total market value of the stocks and bonds | ||
listed;
| ||
(4) A statement that the affiant is the sole owner of | ||
the stocks and
bonds listed and they are not exempt from | ||
the enforcement of a judgment
thereon;
| ||
(5) A statement that such stocks and bonds have not | ||
previously been used
or accepted as bail in this State | ||
during the 12 months preceding the date
of the bail bond; | ||
and
| ||
(6) A statement that such stocks and bonds are | ||
security for the
appearance of the accused in accordance | ||
with the conditions of the bail
bond.
| ||
(c) If the bail bond is secured by real estate the accused | ||
or sureties
shall file with the bond a sworn schedule which | ||
shall contain:
| ||
(1) A legal description of the real estate;
| ||
(2) A description of any and all encumbrances on the |
real estate
including the amount of each and the holder | ||
thereof;
| ||
(3) The market value of the unencumbered equity owned | ||
by the affiant;
| ||
(4) A statement that the affiant is the sole owner of | ||
such unencumbered
equity and that it is not exempt from | ||
the enforcement of a judgment
thereon;
| ||
(5) A statement that the real estate has not | ||
previously been used or
accepted as bail in this State | ||
during the 12 months preceding the date of
the bail bond; | ||
and
| ||
(6) A statement that the real estate is security for | ||
the appearance of
the accused in accordance with the | ||
conditions of the bail bond.
| ||
(d) The sworn schedule shall constitute a material part of | ||
the bail
bond. The affiant commits perjury if in the sworn | ||
schedule he makes a false
statement which he does not believe | ||
to be true. He shall be prosecuted and
punished accordingly, | ||
or, he may be punished for contempt.
| ||
(e) A certified copy of the bail bond and schedule of real | ||
estate shall
be filed immediately in the office of the | ||
registrar of titles or recorder
of the county in which the real | ||
estate is situated and the State
shall have a lien on such real | ||
estate from the time such copies are filed
in the office of the | ||
registrar of titles or recorder. The
registrar of titles or | ||
recorder shall enter, index and record (or
register as the |
case may be) such bail bonds and schedules without
requiring | ||
any advance fee, which fee shall be taxed as costs in the
| ||
proceeding and paid out of such costs when collected.
| ||
(f) When the conditions of the bail bond have been | ||
performed and the
accused has been discharged from his | ||
obligations in the cause, the clerk of
the court shall return | ||
to him or his sureties the deposit of any cash,
stocks or | ||
bonds. If the bail bond has been secured by real estate the | ||
clerk
of the court shall forthwith notify in writing the | ||
registrar of titles or
recorder and the lien of the bail bond | ||
on the real estate shall be
discharged.
| ||
(g) If the accused does not comply with the conditions of | ||
the bail bond
the court having jurisdiction shall enter an | ||
order declaring the bail to be
forfeited. Notice of such order | ||
of forfeiture shall be mailed forthwith by
the clerk of the | ||
court to the accused and his sureties at their last known
| ||
address. If the accused does not appear and surrender to the | ||
court having
jurisdiction within 30 days from the date of the | ||
forfeiture or within such
period satisfy the court that | ||
appearance and surrender by the accused is
impossible and | ||
without his fault
the court shall enter judgment for the
State | ||
against the accused and his sureties for the amount of the bail | ||
and
costs of the proceedings; however,
in counties with a | ||
population of less than
3,000,000, if the defendant has
posted | ||
a
cash bond, instead of the court entering a judgment for the | ||
full amount of the
bond the court may, in its discretion, enter |
judgment for the cash deposit on
the bond, less costs, retain | ||
the deposit for further disposition or, if a cash
bond was | ||
posted for failure to appear in a matter involving enforcement | ||
of
child support or maintenance, the amount of the cash | ||
deposit on the bond, less
outstanding costs, may be awarded to | ||
the person or entity to whom the child
support or maintenance | ||
is due.
| ||
(h) When judgment is entered in favor of the State on any | ||
bail bond
given for a felony or misdemeanor, or judgement for a | ||
political subdivision
of the state on any bail bond given for a | ||
quasi-criminal or traffic
offense, the State's Attorney or | ||
political subdivision's attorney shall
forthwith obtain a | ||
certified copy of the
judgment and deliver same to the
sheriff | ||
to be enforced by levy on the stocks or
bonds deposited with
| ||
the clerk of the court and the real estate described in the | ||
bail bond
schedule. Any cash forfeited under subsection (g) of | ||
this
Section shall be used to satisfy the judgment and costs | ||
and, without
necessity of levy, ordered paid
into the treasury | ||
of the municipal corporation wherein the bail bond was
taken | ||
if the offense was a violation of any penal ordinance of a | ||
political
subdivision of this State, or into the treasury of | ||
the county wherein the
bail bond was taken if the offense was a | ||
violation of any penal statute of
this State, or to the person | ||
or entity to whom child support or maintenance
is owed if the | ||
bond was taken for failure to appear in a matter involving | ||
child
support or maintenance. The stocks, bonds and real |
estate shall be sold in
the same
manner as in sales for the | ||
enforcement of a judgment in
civil actions and the proceeds of | ||
such sale
shall be used to satisfy all court costs, prior | ||
encumbrances, if any, and
from the balance a sufficient amount | ||
to satisfy the judgment shall be paid
into the treasury of the | ||
municipal corporation wherein the bail bond was
taken if the | ||
offense was a violation of any penal ordinance of a political
| ||
subdivision of this State, or into the treasury of the county | ||
wherein the
bail bond was taken if the offense was a violation | ||
of any penal statute of
this State. The balance shall be | ||
returned to the owner. The real estate so
sold may be redeemed | ||
in the same manner as real estate may be redeemed
after | ||
judicial sales or sales for the enforcement of
judgments in | ||
civil actions.
| ||
(i) No stocks, bonds or real estate may be used or accepted | ||
as bail bond
security in this State more than once in any 12 | ||
month period.
| ||
(j) This Section is repealed on January 1, 2023. | ||
(Source: P.A. 89-469, eff. 1-1-97; P.A. 101-652, eff. 7-1-21. | ||
Repealed by P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
| ||
Sec. 110-9. Taking of bail by peace officer. When bail has | ||
been set by a judicial officer for a particular offense or
| ||
offender any sheriff or other peace officer may take bail in | ||
accordance
with the provisions of Section 110-7 or 110-8 of |
this Code and release
the offender to appear in accordance | ||
with the conditions of the bail bond,
the Notice to Appear or | ||
the Summons. The officer shall give a receipt to
the offender | ||
for the bail so taken and within a reasonable time deposit
such | ||
bail with the clerk of the court having jurisdiction of the | ||
offense. A sheriff or other peace officer taking bail in | ||
accordance with the provisions of Section 110-7 or 110-8 of | ||
this Code shall accept payments made in the form of currency, | ||
and may accept other forms of payment as the sheriff shall by | ||
rule authorize. For purposes of this Section, "currency" has | ||
the meaning provided in subsection (a) of Section 3 of the | ||
Currency Reporting Act.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 99-618, eff. 1-1-17; P.A. 101-652, eff. 7-1-21. | ||
Repealed by P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
| ||
Sec. 110-13. Persons prohibited from furnishing bail | ||
security. No attorney at law practicing in this State and no | ||
official authorized
to admit another to bail or to accept bail | ||
shall furnish any part of any
security for bail in any criminal | ||
action or any proceeding nor shall any
such person act as | ||
surety for any accused admitted to bail.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: Laws 1963, p. 2836; P.A. 101-652, eff. 7-1-21. | ||
Repealed by P.A. 102-28, eff. 1-1-23.)
|
(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| ||
Sec. 110-14. Credit for incarceration on bailable offense; | ||
credit against monetary bail for certain offenses. | ||
(a) Any person incarcerated on a bailable offense who does | ||
not supply
bail and against whom a fine is levied on conviction | ||
of the offense
shall be allowed a credit of $30 for each day so | ||
incarcerated upon application
of the defendant. However,
in no | ||
case shall the amount so allowed or
credited exceed the amount | ||
of the fine. | ||
(b) Subsection (a) does not apply to a person incarcerated | ||
for sexual assault as defined in paragraph (1) of subsection | ||
(a) of Section 5-9-1.7 of the Unified Code of Corrections.
| ||
(c) A person subject to bail on a Category B offense shall | ||
have $30 deducted from his or her 10% cash bond amount every | ||
day the person is incarcerated. The sheriff shall calculate | ||
and apply this $30 per day reduction and send notice to the | ||
circuit clerk if a defendant's 10% cash bond amount is reduced | ||
to $0, at which point the defendant shall be released upon his | ||
or her own recognizance.
| ||
(d) The court may deny the incarceration credit in | ||
subsection (c) of this Section if the person has failed to | ||
appear as required before the court and is incarcerated based | ||
on a warrant for failure to appear on the same original | ||
criminal offense. | ||
(e) This Section is repealed on January 1, 2023. |
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; | ||
101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by | ||
P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
| ||
Sec. 110-15. Applicability of provisions for giving and | ||
taking bail. The provisions of Sections 110-7 and 110-8 of | ||
this Code are exclusive of
other provisions of law for the | ||
giving, taking, or enforcement of bail. In
all cases where a | ||
person is admitted to bail the provisions of Sections
110-7 | ||
and 110-8 of this Code shall be applicable.
| ||
However, the Supreme Court may, by rule or order, | ||
prescribe a uniform
schedule of amounts of bail in all but | ||
felony offenses. The uniform schedule shall not require a | ||
person cited for violating the Illinois Vehicle Code or a | ||
similar provision of a local ordinance for which a violation | ||
is a petty offense as defined by Section 5-1-17 of the Unified | ||
Code of Corrections, excluding business offenses as defined by | ||
Section 5-1-2 of the Unified Code of Corrections or a | ||
violation of Section 15-111 or subsection (d) of Section 3-401 | ||
of the Illinois Vehicle Code, to post bond to secure bail for | ||
his or her release. Such uniform schedule may
provide that the | ||
cash deposit provisions of Section 110-7 shall not apply
to | ||
bail amounts established for alleged violations punishable by | ||
fine
alone, and the schedule may further provide that in | ||
specified traffic cases
a valid Illinois chauffeur's or |
operator's license must be deposited, in
addition to 10% of | ||
the amount of the bail specified in the schedule.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15; P.A. | ||
101-652, eff. 7-1-21. Repealed by P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
| ||
Sec. 110-16. Bail bond-forfeiture in same case or absents | ||
self during trial-not
bailable. If a person admitted to bail | ||
on a felony charge forfeits his bond and
fails to appear in | ||
court during the 30 days immediately after such
forfeiture, on | ||
being taken into custody thereafter he shall not be bailable
| ||
in the case in question, unless the court finds that his | ||
absence was not
for the purpose of obstructing justice or | ||
avoiding prosecution.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 77-1447; P.A. 101-652, eff. 7-1-21. Repealed by | ||
P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
| ||
Sec. 110-17. Unclaimed bail deposits. Any sum
of money | ||
deposited by any person to secure his or her release from | ||
custody which
remains unclaimed by the person entitled to its | ||
return for 3
years after the conditions of the bail bond have | ||
been performed
and the accused has been discharged from all | ||
obligations in the
cause shall be presumed to be abandoned and |
subject to disposition under the Revised Uniform Unclaimed | ||
Property Act.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19; | ||
101-81, eff. 7-12-19; P.A. 101-652, eff. 7-1-21. Repealed by | ||
P.A. 102-28, eff. 1-1-23.)
| ||
(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
| ||
Sec. 110-18. Reimbursement. The sheriff of each county | ||
shall certify
to the treasurer of each county the number of | ||
days that persons had been
detained in the custody of the | ||
sheriff without a bond being set as a result
of an order | ||
entered pursuant to Section 110-6.1 of this Code. The county | ||
treasurer shall,
no later than January 1, annually certify to | ||
the Supreme Court the number
of days that persons had been | ||
detained without bond during the twelve-month
period ending | ||
November 30. The Supreme Court shall reimburse, from funds
| ||
appropriated to it by the General Assembly for such purposes, | ||
the treasurer
of each county an amount of money for deposit in | ||
the county general revenue
fund at a rate of $50 per day for | ||
each day that persons were detained in
custody without bail as | ||
a result of an order entered pursuant to Section
110-6.1 of | ||
this Code.
| ||
This Section is repealed on January 1, 2023. | ||
(Source: P.A. 85-892; P.A. 101-652, eff. 7-1-21. Repealed by | ||
P.A. 102-28, eff. 1-1-23.)
|
Section 255. The Statute on Statutes is amended by adding | ||
Section 9 as follows: | ||
(5 ILCS 70/9 new) | ||
Sec. 9. Stated repeal date; presentation to Governor. If a | ||
bill that changes or eliminates the stated repeal date of an | ||
Act or an Article or Section of an Act is presented to the | ||
Governor by the General Assembly before the stated repeal date | ||
and, after the stated repeal date, either the Governor | ||
approves the bill, the General Assembly overrides the | ||
Governor's veto of the bill, or the bill becomes law because it | ||
is not returned by the Governor
within 60 calendar days after | ||
it is presented to the Governor, then the Act, Article, or | ||
Section shall be deemed to remain in full force and effect from | ||
the stated repeal date through the date the Governor approves | ||
the bill, the General Assembly overrides the Governor's veto | ||
of the bill, or the bill becomes law because it is not returned | ||
by the Governor
within 60 calendar days after it is presented | ||
to the Governor. | ||
Any action taken in reliance on the continuous effect of | ||
such an Act, Article, or Section by any person or entity is | ||
hereby validated. | ||
Section 995. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by |
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that | ||
text does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Section 996. No revival or extension. This Act does not | ||
revive or extend any Section or Act otherwise repealed.
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |