Bill Text: IL HB4336 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2024 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the General Provisions, Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), State Employees, and State Universities Articles of the Illinois Pension Code. With regard to police officers, firefighters, and similar public safety employees, removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Amends the State Finance Act to make conforming changes. Amends the Public Safety Employee Benefits Act concerning health insurance plans of police officers and firefighters. Makes other conforming changes. Amends the State Mandates Act to require implementation of the amendatory changes to the Illinois Pension Code without reimbursement. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB4336 Detail]

Download: Illinois-2023-HB4336-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4336 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
See Index
Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2024 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the General Provisions, Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), State Employees, and State Universities Articles of the Illinois Pension Code. With regard to police officers, firefighters, and similar public safety employees, removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Amends the State Finance Act to make conforming changes. Amends the Public Safety Employee Benefits Act concerning health insurance plans of police officers and firefighters. Makes other conforming changes. Amends the State Mandates Act to require implementation of the amendatory changes to the Illinois Pension Code without reimbursement. Makes other changes. Effective immediately.
LRB103 35348 RLC 65412 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB4336 LRB103 35348 RLC 65412 b
AN ACT concerning public safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-1. Short title. This Article may be cited as the
Capital Crimes Litigation Act of 2024. References in this
Article to "this Act" mean this Article.
Section 1-5. Appointment of trial counsel in death penalty
cases. If an indigent defendant is charged with an offense for
which a sentence of death is authorized, and the State's
Attorney has not, at or before arraignment, filed a
certificate indicating he or she will not seek the death
penalty or stated on the record in open court that the death
penalty will not be sought, the trial court shall immediately
appoint the Public Defender, or any other qualified attorney
or attorneys as the Illinois Supreme Court shall by rule
provide, to represent the defendant as trial counsel. If the
Public Defender is appointed, he or she shall immediately
assign the attorney or attorneys who are public defenders to
represent the defendant. The counsel shall meet the
qualifications as the Supreme Court shall by rule provide. At
the request of court appointed counsel in a case in which the

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death penalty is sought, attorneys employed by the State
Appellate Defender may enter an appearance for the limited
purpose of assisting counsel appointed under this Section.
Section 1-10. Court appointed trial counsel; compensation
and expenses.
(a) This Section applies only to compensation and expenses
of trial counsel appointed by the court as set forth in Section
1-5, other than public defenders, for the period after
arraignment and so long as the State's Attorney has not, at any
time, filed a certificate indicating he or she will not seek
the death penalty or stated on the record in open court that
the death penalty will not be sought.
(a-5) Litigation budget.
(1) In a case in which the State has filed a statement
of intent to seek the death penalty, the court shall
require appointed counsel, including those appointed in
Cook County, after counsel has had adequate time to review
the case and prior to engaging trial assistance, to submit
a proposed estimated litigation budget for court approval,
that will be subject to modification in light of facts and
developments that emerge as the case proceeds. Case
budgets should be submitted ex parte and filed and
maintained under seal in order to protect the defendant's
right to effective assistance of counsel, right not to
incriminate him or herself and all applicable privileges.

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Case budgets shall be reviewed and approved by the judge
assigned to try the case. As provided under subsection (c)
of this Section, petitions for compensation shall be
reviewed by both the trial judge and the presiding judge
or the presiding judge's designee.
(2) The litigation budget shall serve purposes
comparable to those of private retainer agreements by
confirming both the court's and the attorney's
expectations regarding fees and expenses. Consideration
should be given to employing an ex parte pretrial
conference in order to facilitate reaching agreement on a
litigation budget at the earliest opportunity.
(3) The budget shall be incorporated into a sealed
initial pretrial order that reflects the understandings of
the court and counsel regarding all matters affecting
counsel compensation and reimbursement and payments for
investigative, expert and other services, including, but
not limited to, the following matters:
(A) the hourly rate at which counsel will be
compensated;
(B) the hourly rate at which private
investigators, other than investigators employed by
the Office of the State Appellate Defender, will be
compensated; and
(C) the best preliminary estimate that can be made
of the cost of all services, including, but not

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limited to, counsel, expert, and investigative
services that are likely to be needed through the
guilt and penalty phases of the trial. The court shall
have discretion to require that budgets be prepared
for shorter intervals of time.
(4) Appointed counsel may obtain, subject to later
review, investigative, expert, or other services without
prior authorization if necessary for an adequate defense.
If the services are obtained, the presiding judge or the
presiding judge's designee shall consider in an ex parte
proceeding that timely procurement of necessary services
could not await prior authorization. If an ex parte
hearing is requested by defense counsel or deemed
necessary by the trial judge prior to modifying a budget,
the ex parte hearing shall be before the presiding judge
or the presiding judge's designee. The judge may then
authorize the services nunc pro tunc. If the presiding
judge or the presiding judge's designee finds that the
services were not reasonable, payment may be denied.
(5) An approved budget shall guide counsel's use of
time and resources by indicating the services for which
compensation is authorized. The case budget shall be
re-evaluated when justified by changed or unexpected
circumstances and shall be modified by the court when
reasonable and necessary for an adequate defense. If an ex
parte hearing is requested by defense counsel or deemed

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necessary by the trial judge prior to modifying a budget,
the ex parte hearing shall be before the presiding judge
or the presiding judge's designee.
(b) Appointed trial counsel shall be compensated upon
presentment and certification by the circuit court of a claim
for services detailing the date, activity, and time duration
for which compensation is sought. Compensation for appointed
trial counsel may be paid at a reasonable rate not to exceed
$125 per hour. The court shall not authorize payment of bills
that are not properly itemized. A request for payment shall be
presented under seal and reviewed ex parte with a court
reporter present. Every January 20, the statutory rate
prescribed in this subsection shall be automatically increased
or decreased, as applicable, by a percentage equal to the
percentage change in the consumer price index-u during the
preceding 12-month calendar year. "Consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84=100. The new rate resulting from each annual
adjustment shall be determined by the State Treasurer and made
available to the chief judge of each judicial circuit.
(c) Appointed trial counsel may also petition the court
for certification of expenses for reasonable and necessary
capital litigation expenses including, but not limited to,

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investigatory and other assistance, expert, forensic, and
other witnesses, and mitigation specialists. Each provider of
proposed services must specify the best preliminary estimate
that can be made in light of information received in the case
at that point, and the provider must sign this estimate under
the provisions of Section 1-109 of the Code of Civil
Procedure. A provider of proposed services must also specify:
(1) his or her hourly rate; (2) the hourly rate of anyone else
in his or her employ for whom reimbursement is sought; and (3)
the hourly rate of any person or entity that may be
subcontracted to perform these services. Counsel may not
petition for certification of expenses that may have been
provided or compensated by the State Appellate Defender under
item (c)(5.1) of Section 10 of the State Appellate Defender
Act. The petitions shall be filed under seal and considered ex
parte but with a court reporter present for all ex parte
conferences. If the requests are submitted after services have
been rendered, the requests shall be supported by an invoice
describing the services rendered, the dates the services were
performed and the amount of time spent. These petitions shall
be reviewed by both the trial judge and the presiding judge of
the circuit court or the presiding judge's designee. The
petitions and orders shall be kept under seal and shall be
exempt from Freedom of Information requests until the
conclusion of the trial, even if the prosecution chooses not
to pursue the death penalty prior to trial or sentencing. If an

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ex parte hearing is requested by defense counsel or deemed
necessary by the trial judge, the hearing shall be before the
presiding judge or the presiding judge's designee.
(d) Appointed trial counsel shall petition the court for
certification of compensation and expenses under this Section
periodically during the course of counsel's representation.
The petitions shall be supported by itemized bills showing the
date, the amount of time spent, the work done, and the total
being charged for each entry. The court shall not authorize
payment of bills that are not properly itemized. The court
must certify reasonable and necessary expenses of the
petitioner for travel and per diem (lodging, meals, and
incidental expenses). These expenses must be paid at the rate
as promulgated by the United States General Services
Administration for these expenses for the date and location in
which they were incurred, unless extraordinary reasons are
shown for the difference. The petitions shall be filed under
seal and considered ex parte but with a court reporter present
for all ex parte conferences. The petitions shall be reviewed
by both the trial judge and the presiding judge of the circuit
court or the presiding judge's designee. If an ex parte
hearing is requested by defense counsel or deemed necessary by
the trial judge, the ex parte hearing shall be before the
presiding judge or the presiding judge's designee. If the
court determines that the compensation and expenses should be
paid from the Capital Litigation Trust Fund, the court shall

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certify, on a form created by the State Treasurer, that all or
a designated portion of the amount requested is reasonable,
necessary, and appropriate for payment from the Trust Fund.
The form must also be signed by lead trial counsel under the
provisions of Section 1-109 of the Code of Civil Procedure
verifying that the amount requested is reasonable, necessary,
and appropriate. Bills submitted for payment by any individual
or entity seeking payment from the Capital Litigation Trust
Fund must also be accompanied by a form created by the State
Treasurer and signed by the individual or responsible agent of
the entity under the provisions of Section 1-109 of the Code of
Civil Procedure that the amount requested is accurate and
truthful and reflects time spent or expenses incurred.
Certification of compensation and expenses by a court in any
county other than Cook County shall be delivered by the court
to the State Treasurer and must be paid by the State Treasurer
directly from the Capital Litigation Trust Fund if there are
sufficient moneys in the Trust Fund to pay the compensation
and expenses. If the State Treasurer finds within 14 days of
his or her receipt of a certification that the compensation
and expenses to be paid are unreasonable, unnecessary, or
inappropriate, he or she may return the certification to the
court setting forth in detail the objection or objections with
a request for the court to review the objection or objections
before resubmitting the certification. The State Treasurer
must send the claimant a copy of the objection or objections.

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The State Treasurer may only seek a review of a specific
objection once. The claimant has 7 days from his or her receipt
of the objections to file a response with the court. With or
without further hearing, the court must promptly rule on the
objections. The petitions and orders shall be kept under seal
and shall be exempt from Freedom of Information requests until
the conclusion of the trial and appeal of the case, even if the
prosecution chooses not to pursue the death penalty prior to
trial or sentencing. Certification of compensation and
expenses by a court in Cook County shall be delivered by the
court to the county treasurer and paid by the county treasurer
from moneys granted to the county from the Capital Litigation
Trust Fund.
Section 1-15. Capital Litigation Trust Fund.
(a) The Capital Litigation Trust Fund is created as a
special fund in the State treasury. The Trust Fund shall be
administered by the State Treasurer to provide moneys for the
appropriations to be made, grants to be awarded, and
compensation and expenses to be paid under this Act. All
interest earned from the investment or deposit of moneys
accumulated in the Trust Fund shall, under Section 4.1 of the
State Finance Act, be deposited into the Trust Fund.
(b) Moneys deposited into the Trust Fund shall not be
considered general revenue of the State of Illinois.
(c) Moneys deposited into the Trust Fund shall be used

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exclusively for the purposes of providing funding for the
prosecution and defense of capital cases and for providing
funding for post-conviction proceedings in capital cases under
Article 122 of the Code of Criminal Procedure of 1963 and in
relation to petitions filed under Section 2-1401 of the Code
of Civil Procedure in relation to capital cases as provided in
this Act and shall not be appropriated, loaned, or in any
manner transferred to the General Revenue Fund of the State of
Illinois.
(d) Every fiscal year the State Treasurer shall transfer
from the General Revenue Fund to the Capital Litigation Trust
Fund an amount equal to the full amount of moneys appropriated
by the General Assembly (both by original and supplemental
appropriation), less any unexpended balance from the previous
fiscal year, from the Capital Litigation Trust Fund for the
specific purpose of making funding available for the
prosecution and defense of capital cases and for the
litigation expenses associated with post-conviction
proceedings in capital cases under Article 122 of the Code of
Criminal Procedure of 1963 and in relation to petitions filed
under Section 2-1401 of the Code of Civil Procedure in
relation to capital cases. The Public Defender and State's
Attorney in Cook County, the State Appellate Defender, the
State's Attorneys Appellate Prosecutor, and the Attorney
General shall make annual requests for appropriations from the
Trust Fund.

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(1) The Public Defender in Cook County shall request
appropriations to the State Treasurer for expenses
incurred by the Public Defender and for funding for
private appointed defense counsel in Cook County.
(2) The State's Attorney in Cook County shall request
an appropriation to the State Treasurer for expenses
incurred by the State's Attorney.
(3) The State Appellate Defender shall request a
direct appropriation from the Trust Fund for expenses
incurred by the State Appellate Defender in providing
assistance to trial attorneys under item (c)(5.1) of
Section 10 of the State Appellate Defender Act and for
expenses incurred by the State Appellate Defender in
representing petitioners in capital cases in
post-conviction proceedings under Article 122 of the Code
of Criminal Procedure of 1963 and in relation to petitions
filed under Section 2-1401 of the Code of Civil Procedure
in relation to capital cases and for the representation of
those petitioners by attorneys approved by or contracted
with the State Appellate Defender and an appropriation to
the State Treasurer for payments from the Trust Fund for
the defense of cases in counties other than Cook County.
(4) The State's Attorneys Appellate Prosecutor shall
request a direct appropriation from the Trust Fund to pay
expenses incurred by the State's Attorneys Appellate
Prosecutor and an appropriation to the State Treasurer for

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payments from the Trust Fund for expenses incurred by
State's Attorneys in counties other than Cook County.
(5) The Attorney General shall request a direct
appropriation from the Trust Fund to pay expenses incurred
by the Attorney General in assisting the State's Attorneys
in counties other than Cook County and to pay for expenses
incurred by the Attorney General when the Attorney General
is ordered by the presiding judge of the Criminal Division
of the Circuit Court of Cook County to prosecute or
supervise the prosecution of Cook County cases and for
expenses incurred by the Attorney General in representing
the State in post-conviction proceedings in capital cases
under Article 122 of the Code of Criminal Procedure of
1963 and in relation to petitions filed under Section
2-1401 of the Code of Civil Procedure in relation to
capital cases. The Public Defender and State's Attorney in
Cook County, the State Appellate Defender, the State's
Attorneys Appellate Prosecutor, and the Attorney General
may each request supplemental appropriations from the
Trust Fund during the fiscal year.
(e) Moneys in the Trust Fund shall be expended only as
follows:
(1) To pay the State Treasurer's costs to administer
the Trust Fund. The amount for this purpose may not exceed
5% in any one fiscal year of the amount otherwise
appropriated from the Trust Fund in the same fiscal year.

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(2) To pay the capital litigation expenses of trial
defense and post-conviction proceedings in capital cases
under Article 122 of the Code of Criminal Procedure of
1963 and in relation to petitions filed under Section
2-1401 of the Code of Civil Procedure in relation to
capital cases including, but not limited to, DNA testing,
including DNA testing under Section 116-3 of the Code of
Criminal Procedure of 1963, analysis, and expert
testimony, investigatory and other assistance, expert,
forensic, and other witnesses, and mitigation specialists,
and grants and aid provided to public defenders, appellate
defenders, and any attorney approved by or contracted with
the State Appellate Defender representing petitioners in
post-conviction proceedings in capital cases under Article
122 of the Code of Criminal Procedure of 1963 and in
relation to petitions filed under Section 2-1401 of the
Code of Civil Procedure in relation to capital cases or
assistance to attorneys who have been appointed by the
court to represent defendants who are charged with capital
crimes. Reasonable and necessary capital litigation
expenses include travel and per diem (lodging, meals, and
incidental expenses).
(3) To pay the compensation of trial attorneys, other
than public defenders or appellate defenders, who have
been appointed by the court to represent defendants who
are charged with capital crimes or attorneys approved by

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or contracted with the State Appellate Defender to
represent petitioners in post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation
to capital cases.
(4) To provide State's Attorneys with funding for
capital litigation expenses and for expenses of
representing the State in post-conviction proceedings in
capital cases under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation
to capital cases including, but not limited to,
investigatory and other assistance and expert, forensic,
and other witnesses necessary to prosecute capital cases.
State's Attorneys in any county other than Cook County
seeking funding for capital litigation expenses and for
expenses of representing the State in post-conviction
proceedings in capital cases under Article 122 of the Code
of Criminal Procedure of 1963 and in relation to petitions
filed under Section 2-1401 of the Code of Civil Procedure
in relation to capital cases including, but not limited
to, investigatory and other assistance and expert,
forensic, or other witnesses under this Section may
request that the State's Attorneys Appellate Prosecutor or
the Attorney General, as the case may be, certify the

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expenses as reasonable, necessary, and appropriate for
payment from the Trust Fund, on a form created by the State
Treasurer. Upon certification of the expenses and delivery
of the certification to the State Treasurer, the Treasurer
shall pay the expenses directly from the Capital
Litigation Trust Fund if there are sufficient moneys in
the Trust Fund to pay the expenses.
(5) To provide financial support through the Attorney
General under the Attorney General Act for the several
county State's Attorneys outside of Cook County, but shall
not be used to increase personnel for the Attorney
General's Office, except when the Attorney General is
ordered by the presiding judge of the Criminal Division of
the Circuit Court of Cook County to prosecute or supervise
the prosecution of Cook County cases.
(6) To provide financial support through the State's
Attorneys Appellate Prosecutor under the State's Attorneys
Appellate Prosecutor's Act for the several county State's
Attorneys outside of Cook County, but shall not be used to
increase personnel for the State's Attorneys Appellate
Prosecutor.
(7) To provide financial support to the State
Appellate Defender under the State Appellate Defender Act.
Moneys expended from the Trust Fund shall be in addition
to county funding for Public Defenders and State's
Attorneys, and shall not be used to supplant or reduce

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ordinary and customary county funding.
(f) Moneys in the Trust Fund shall be appropriated to the
State Appellate Defender, the State's Attorneys Appellate
Prosecutor, the Attorney General, and the State Treasurer. The
State Appellate Defender shall receive an appropriation from
the Trust Fund to enable it to provide assistance to appointed
defense counsel and attorneys approved by or contracted with
the State Appellate Defender to represent petitioners in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases throughout the State
and to Public Defenders in counties other than Cook. The
State's Attorneys Appellate Prosecutor and the Attorney
General shall receive appropriations from the Trust Fund to
enable them to provide assistance to State's Attorneys in
counties other than Cook County and when the Attorney General
is ordered by the presiding judge of the Criminal Division of
the Circuit Court of Cook County to prosecute or supervise the
prosecution of Cook County cases. Moneys shall be appropriated
to the State Treasurer to enable the Treasurer: (i) to make
grants to Cook County; (ii) to pay the expenses of Public
Defenders, the State Appellate Defender, the Attorney General,
the Office of the State's Attorneys Appellate Prosecutor, and
State's Attorneys in counties other than Cook County; (iii) to
pay the expenses and compensation of appointed defense counsel

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and attorneys approved by or contracted with the State
Appellate Defender to represent petitioners in post-conviction
proceedings in capital cases under Article 122 of the Code of
Criminal Procedure of 1963 and in relation to petitions filed
under Section 2-1401 of the Code of Civil Procedure in
relation to capital cases in counties other than Cook County;
and (iv) to pay the costs of administering the Trust Fund. All
expenditures and grants made from the Trust Fund shall be
subject to audit by the Auditor General.
(g) For Cook County, grants from the Trust Fund shall be
made and administered as follows:
(1) For each State fiscal year, the State's Attorney
and Public Defender must each make a separate application
to the State Treasurer for capital litigation grants.
(2) The State Treasurer shall establish rules and
procedures for grant applications. The rules shall require
the Cook County Treasurer as the grant recipient to report
on a periodic basis to the State Treasurer how much of the
grant has been expended, how much of the grant is
remaining, and the purposes for which the grant has been
used. The rules may also require the Cook County Treasurer
to certify on a periodic basis that expenditures of the
funds have been made for expenses that are reasonable,
necessary, and appropriate for payment from the Trust
Fund.
(3) The State Treasurer shall make the grants to the

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Cook County Treasurer as soon as possible after the
beginning of the State fiscal year.
(4) The State's Attorney or Public Defender may apply
for supplemental grants during the fiscal year.
(5) Grant moneys shall be paid to the Cook County
Treasurer in block grants and held in separate accounts
for the State's Attorney, the Public Defender, and court
appointed defense counsel other than the Cook County
Public Defender, respectively, for the designated fiscal
year, and are not subject to county appropriation.
(6) Expenditure of grant moneys under this subsection
(g) is subject to audit by the Auditor General.
(7) The Cook County Treasurer shall immediately make
payment from the appropriate separate account in the
county treasury for capital litigation expenses to the
State's Attorney, Public Defender, or court appointed
defense counsel other than the Public Defender, as the
case may be, upon order of the State's Attorney, Public
Defender or the court, respectively.
(h) If a defendant in a capital case in Cook County is
represented by court appointed counsel other than the Cook
County Public Defender, the appointed counsel shall petition
the court for an order directing the Cook County Treasurer to
pay the court appointed counsel's reasonable and necessary
compensation and capital litigation expenses from grant moneys
provided from the Trust Fund. The petitions shall be supported

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by itemized bills showing the date, the amount of time spent,
the work done, and the total being charged for each entry. The
court shall not authorize payment of bills that are not
properly itemized. The petitions shall be filed under seal and
considered ex parte but with a court reporter present for all
ex parte conferences. The petitions shall be reviewed by both
the trial judge and the presiding judge of the circuit court or
the presiding judge's designee. The petitions and orders shall
be kept under seal and shall be exempt from Freedom of
Information requests until the conclusion of the trial and
appeal of the case, even if the prosecution chooses not to
pursue the death penalty prior to trial or sentencing. Orders
denying petitions for compensation or expenses are final.
Counsel may not petition for expenses that may have been
provided or compensated by the State Appellate Defender under
item (c)(5.1) of Section 10 of the State Appellate Defender
Act.
(i) In counties other than Cook County, and when the
Attorney General is ordered by the presiding judge of the
Criminal Division of the Circuit Court of Cook County to
prosecute or supervise the prosecution of Cook County cases,
and excluding capital litigation expenses or services that may
have been provided by the State Appellate Defender under item
(c)(5.1) of Section 10 of the State Appellate Defender Act:
(1) Upon certification by the circuit court, on a form
created by the State Treasurer, that all or a portion of

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the expenses are reasonable, necessary, and appropriate
for payment from the Trust Fund and the court's delivery
of the certification to the Treasurer, the Treasurer shall
pay the certified expenses of Public Defenders and the
State Appellate Defender from the money appropriated to
the Treasurer for capital litigation expenses of Public
Defenders and post-conviction proceeding expenses in
capital cases of the State Appellate Defender and expenses
in relation to petitions filed under Section 2-1401 of the
Code of Civil Procedure in relation to capital cases in
any county other than Cook County, if there are sufficient
moneys in the Trust Fund to pay the expenses.
(2) If a defendant in a capital case is represented by
court appointed counsel other than the Public Defender,
the appointed counsel shall petition the court to certify
compensation and capital litigation expenses including,
but not limited to, investigatory and other assistance,
expert, forensic, and other witnesses, and mitigation
specialists as reasonable, necessary, and appropriate for
payment from the Trust Fund. If a petitioner in a capital
case who has filed a petition for post-conviction relief
under Article 122 of the Code of Criminal Procedure of
1963 or a petition under Section 2-1401 of the Code of
Civil Procedure in relation to capital cases is
represented by an attorney approved by or contracted with
the State Appellate Defender other than the State

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Appellate Defender, that attorney shall petition the court
to certify compensation and litigation expenses of
post-conviction proceedings under Article 122 of the Code
of Criminal Procedure of 1963 or in relation to petitions
filed under Section 2-1401 of the Code of Civil Procedure
in relation to capital cases. Upon certification on a form
created by the State Treasurer of all or a portion of the
compensation and expenses certified as reasonable,
necessary, and appropriate for payment from the Trust Fund
and the court's delivery of the certification to the
Treasurer, the State Treasurer shall pay the certified
compensation and expenses from the money appropriated to
the Treasurer for that purpose, if there are sufficient
moneys in the Trust Fund to make those payments.
(3) A petition for capital litigation expenses or
post-conviction proceeding expenses or expenses incurred
in filing a petition under Section 2-1401 of the Code of
Civil Procedure in relation to capital cases under this
subsection shall be considered under seal and reviewed ex
parte with a court reporter present. Orders denying
petitions for compensation or expenses are final.
(j) If the Trust Fund is discontinued or dissolved by an
Act of the General Assembly or by operation of law, any balance
remaining in the Trust Fund shall be returned to the General
Revenue Fund after deduction of administrative costs, any
other provision of this Act to the contrary notwithstanding.

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Section 1-95. The State Finance Act is amended by adding
Section 5.1015 as follows:
(30 ILCS 105/5.1015 new)
Sec. 5.1015. The Capital Litigation Trust Fund.
(30 ILCS 105/5.790 rep.)
Section 1-100. The State Finance Act is amended by
repealing Section 5.790.
Section 1-110. The Code of Criminal Procedure of 1963 is
amended by changing Sections 113-3 and 119-1 as follows:
(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3. (a) Every person charged with an offense shall
be allowed counsel before pleading to the charge. If the
defendant desires counsel and has been unable to obtain same
before arraignment the court shall recess court or continue
the cause for a reasonable time to permit defendant to obtain
counsel and consult with him before pleading to the charge. If
the accused is a dissolved corporation, and is not represented
by counsel, the court may, in the interest of justice, appoint
as counsel a licensed attorney of this State.
(b) In all cases, except where the penalty is a fine only,
if the court determines that the defendant is indigent and

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desires counsel, the Public Defender shall be appointed as
counsel. If there is no Public Defender in the county or if the
defendant requests counsel other than the Public Defender and
the court finds that the rights of the defendant will be
prejudiced by the appointment of the Public Defender, the
court shall appoint as counsel a licensed attorney at law of
this State, except that in a county having a population of
2,000,000 or more the Public Defender shall be appointed as
counsel in all misdemeanor cases where the defendant is
indigent and desires counsel unless the case involves multiple
defendants, in which case the court may appoint counsel other
than the Public Defender for the additional defendants. The
court shall require an affidavit signed by any defendant who
requests court-appointed counsel. Such affidavit shall be in
the form established by the Supreme Court containing
sufficient information to ascertain the assets and liabilities
of that defendant. The Court may direct the Clerk of the
Circuit Court to assist the defendant in the completion of the
affidavit. Any person who knowingly files such affidavit
containing false information concerning his assets and
liabilities shall be liable to the county where the case, in
which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public
defender or other court-appointed counsel in the case to the
extent that such services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement

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of services rendered the court shall order the county
treasurer of the county of trial to pay counsel other than the
Public Defender a reasonable fee. The court shall consider all
relevant circumstances, including but not limited to the time
spent while court is in session, other time spent in
representing the defendant, and expenses reasonably incurred
by counsel. In counties with a population greater than
2,000,000, the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a
reasonable fee stated in the order and based upon a rate of
compensation of not more than $40 for each hour spent while
court is in session and not more than $30 for each hour
otherwise spent representing a defendant, and such
compensation shall not exceed $150 for each defendant
represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in
this Section provided, except that, in extraordinary
circumstances, payment in excess of the limits herein stated
may be made if the trial court certifies that such payment is
necessary to provide fair compensation for protracted
representation. A trial court may entertain the filing of this
verified statement before the termination of the cause, and
may order the provisional payment of sums during the pendency
of the cause.
(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon

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the filing with the court of a verified statement of services
rendered, order the county Treasurer of the county of trial to
pay necessary expert witnesses for defendant reasonable
compensation stated in the order not to exceed $250 for each
defendant.
(e) If the court in any county having a population greater
than 2,000,000 determines that the defendant is indigent the
court may, upon the filing with the court of a verified
statement of such expenses, order the county treasurer of the
county of trial, in such counties having a population greater
than 2,000,000 to pay the general expenses of the trial
incurred by the defendant not to exceed $50 for each
defendant.
(f) The provisions of this Section relating to appointment
of counsel, compensation of counsel, and payment of expenses
in capital cases apply except when the compensation and
expenses are being provided under the Capital Crimes
Litigation Act of 2024.
(Source: P.A. 91-589, eff. 1-1-00.)
(725 ILCS 5/119-1)
Sec. 119-1. Death penalty restored abolished.
(a) (Blank). Beginning on the effective date of this
amendatory Act of the 96th General Assembly, notwithstanding
any other law to the contrary, the death penalty is abolished
and a sentence to death may not be imposed.

HB4336 - 26 - LRB103 35348 RLC 65412 b
(b) All unobligated and unexpended moneys remaining in the
Capital Litigation Trust Fund on the effective date of this
amendatory Act of the 96th General Assembly shall be
transferred into the Death Penalty Abolition Fund on the
effective date of this amendatory Act of the 103rd General
Assembly shall be transferred into the Capital Litigation
Trust Fund , a special fund in the State treasury, to be
expended by the Illinois Criminal Justice Information
Authority, for services for families of victims of homicide or
murder and for training of law enforcement personnel.
(Source: P.A. 96-1543, eff. 7-1-11.)
Section 1-115. The State Appellate Defender Act is amended
by changing Section 10 as follows:
(725 ILCS 105/10) (from Ch. 38, par. 208-10)
Sec. 10. Powers and duties of State Appellate Defender.
(a) The State Appellate Defender shall represent indigent
persons on appeal in criminal and delinquent minor
proceedings, when appointed to do so by a court under a Supreme
Court Rule or law of this State.
(b) The State Appellate Defender shall submit a budget for
the approval of the State Appellate Defender Commission.
(c) The State Appellate Defender may:
(1) maintain a panel of private attorneys available to
serve as counsel on a case basis;

HB4336 - 27 - LRB103 35348 RLC 65412 b
(2) establish programs, alone or in conjunction with
law schools, for the purpose of utilizing volunteer law
students as legal assistants;
(3) cooperate and consult with state agencies,
professional associations, and other groups concerning the
causes of criminal conduct, the rehabilitation and
correction of persons charged with and convicted of crime,
the administration of criminal justice, and, in counties
of less than 1,000,000 population, study, design, develop
and implement model systems for the delivery of trial
level defender services, and make an annual report to the
General Assembly;
(4) hire investigators to provide investigative
services to appointed counsel and county public defenders;
(5) (blank);
(5.1) in cases in which a death sentence is an
authorized disposition, provide trial counsel with legal
assistance and the assistance of expert witnesses,
investigators, and mitigation specialists from funds
appropriated to the State Appellate Defender specifically
for that purpose by the General Assembly. The Office of
State Appellate Defender shall not be appointed to serve
as trial counsel in capital cases;
(5.5) provide training to county public defenders;
(5.7) provide county public defenders with the
assistance of expert witnesses and investigators from

HB4336 - 28 - LRB103 35348 RLC 65412 b
funds appropriated to the State Appellate Defender
specifically for that purpose by the General Assembly. The
Office of the State Appellate Defender shall not be
appointed to act as trial counsel;
(6) develop a Juvenile Defender Resource Center to:
(i) study, design, develop, and implement model systems
for the delivery of trial level defender services for
juveniles in the justice system; (ii) in cases in which a
sentence of incarceration or an adult sentence, or both,
is an authorized disposition, provide trial counsel with
legal advice and the assistance of expert witnesses and
investigators from funds appropriated to the Office of the
State Appellate Defender by the General Assembly
specifically for that purpose; (iii) develop and provide
training to public defenders on juvenile justice issues,
utilizing resources including the State and local bar
associations, the Illinois Public Defender Association,
law schools, the Midwest Juvenile Defender Center, and pro
bono efforts by law firms; and (iv) make an annual report
to the General Assembly.
Investigators employed by the Capital Trial Assistance
Unit and Capital Post Conviction Unit of the State Appellate
Defender shall be authorized to inquire through the Illinois
State Police or local law enforcement with the Law Enforcement
Agencies Data System (LEADS) under Section 2605-375 of the
Illinois State Police Law of the Civil Administrative Code of

HB4336 - 29 - LRB103 35348 RLC 65412 b
Illinois to ascertain whether their potential witnesses have a
criminal background, including, but not limited to: (i)
warrants; (ii) arrests; (iii) convictions; and (iv) officer
safety information. This authorization applies only to
information held on the State level and shall be used only to
protect the personal safety of the investigators. Any
information that is obtained through this inquiry may not be
disclosed by the investigators.
(c-5) For each State fiscal year, the State Appellate
Defender shall request a direct appropriation from the Capital
Litigation Trust Fund for expenses incurred by the State
Appellate Defender in providing assistance to trial attorneys
under paragraph (5.1) of subsection (c) of this Section and
for expenses incurred by the State Appellate Defender in
representing petitioners in capital cases in post-conviction
proceedings under Article 122 of the Code of Criminal
Procedure of 1963 and in relation to petitions filed under
Section 2-1401 of the Code of Civil Procedure in relation to
capital cases and for the representation of those petitioners
by attorneys approved by or contracted with the State
Appellate Defender and an appropriation to the State Treasurer
for payments from the Trust Fund for the defense of cases in
counties other than Cook County. The State Appellate Defender
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.

HB4336 - 30 - LRB103 35348 RLC 65412 b
(d) (Blank).
(e) The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
Article 2.
(5 ILCS 845/Act rep.)
Section 2-1. The Statewide Use of Force Standardization
Act is repealed.
(730 ILCS 205/Act rep.)
Section 2-5. The No Representation Without Population Act
is repealed.
(730 ILCS 210/Act rep.)
Section 2-10. The Reporting of Deaths in Custody Act is
repealed.
(5 ILCS 70/1.43 rep.)
Section 2-20. The Statute on Statutes is amended by
repealing Section 1.43.

HB4336 - 31 - LRB103 35348 RLC 65412 b
(5 ILCS 100/5-45.35 rep.)
Section 2-22. The Illinois Administrative Procedure Act is
amended by repealing Section 5-45.35 as added by Public Act
102-1104.
Section 2-25. The Freedom of Information Act is amended by
changing Section 2.15 as follows:
(5 ILCS 140/2.15)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically
maintained arrest and criminal history information maintained
by State or local criminal justice agencies shall be furnished
as soon as practical, but in no event later than 72 hours after
the arrest, notwithstanding the time limits otherwise provided
for in Section 3 of this Act: (i) information that identifies
the individual, including the name, age, address, and
photograph, when and if available; (ii) information detailing
any charges relating to the arrest; (iii) the time and
location of the arrest; (iv) the name of the investigating or
arresting law enforcement agency; (v) if the individual is
incarcerated, the amount of any bail or bond (blank); and (vi)
if the individual is incarcerated, the time and date that the
individual was received into, discharged from, or transferred
from the arresting agency's custody.

HB4336 - 32 - LRB103 35348 RLC 65412 b
(b) Criminal history records. The following documents
maintained by a public body pertaining to criminal history
record information are public records subject to inspection
and copying by the public pursuant to this Act: (i) court
records that are public; (ii) records that are otherwise
available under State or local law; and (iii) records in which
the requesting party is the individual identified, except as
provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of
subsection (a) may be withheld if it is determined that
disclosure would: (i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings conducted
by any law enforcement agency; (ii) endanger the life or
physical safety of law enforcement or correctional personnel
or any other person; or (iii) compromise the security of any
correctional facility.
(d) The provisions of this Section do not supersede the
confidentiality provisions for law enforcement or arrest
records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing

HB4336 - 33 - LRB103 35348 RLC 65412 b
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.
(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
Section 2-30. The State Records Act is amended by changing
Section 4a as follows:
(5 ILCS 160/4a)
Sec. 4a. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) (Blank).

HB4336 - 34 - LRB103 35348 RLC 65412 b
(5.1) If the individual is incarcerated, the amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion

HB4336 - 35 - LRB103 35348 RLC 65412 b
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(g) Notwithstanding the requirements of subsection (a), a
law enforcement agency may not publish booking photographs,
commonly known as "mugshots", on its social networking website
in connection with civil offenses, petty offenses, business
offenses, Class C misdemeanors, and Class B misdemeanors
unless the booking photograph is posted to the social
networking website to assist in the search for a missing
person or to assist in the search for a fugitive, person of
interest, or individual wanted in relation to a crime other
than a petty offense, business offense, Class C misdemeanor,
or Class B misdemeanor. As used in this subsection, "social
networking website" has the meaning provided in Section 10 of
the Right to Privacy in the Workplace Act.

HB4336 - 36 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
Section 2-35. The Illinois Public Labor Relations Act is
amended by changing Section 14 as follows:
(5 ILCS 315/14) (from Ch. 48, par. 1614)
Sec. 14. Security employee, peace officer and fire fighter
disputes.
(a) In the case of collective bargaining agreements
involving units of security employees of a public employer,
Peace Officer Units, or units of fire fighters or paramedics,
and in the case of disputes under Section 18, unless the
parties mutually agree to some other time limit, mediation
shall commence 30 days prior to the expiration date of such
agreement or at such later time as the mediation services
chosen under subsection (b) of Section 12 can be provided to
the parties. In the case of negotiations for an initial
collective bargaining agreement, mediation shall commence upon
15 days notice from either party or at such later time as the
mediation services chosen pursuant to subsection (b) of
Section 12 can be provided to the parties. In mediation under
this Section, if either party requests the use of mediation
services from the Federal Mediation and Conciliation Service,
the other party shall either join in such request or bear the
additional cost of mediation services from another source. The

HB4336 - 37 - LRB103 35348 RLC 65412 b
mediator shall have a duty to keep the Board informed on the
progress of the mediation. If any dispute has not been
resolved within 15 days after the first meeting of the parties
and the mediator, or within such other time limit as may be
mutually agreed upon by the parties, either the exclusive
representative or employer may request of the other, in
writing, arbitration, and shall submit a copy of the request
to the Board.
(b) Within 10 days after such a request for arbitration
has been made, the employer shall choose a delegate and the
employees' exclusive representative shall choose a delegate to
a panel of arbitration as provided in this Section. The
employer and employees shall forthwith advise the other and
the Board of their selections.
(c) Within 7 days after the request of either party, the
parties shall request a panel of impartial arbitrators from
which they shall select the neutral chairman according to the
procedures provided in this Section. If the parties have
agreed to a contract that contains a grievance resolution
procedure as provided in Section 8, the chairman shall be
selected using their agreed contract procedure unless they
mutually agree to another procedure. If the parties fail to
notify the Board of their selection of neutral chairman within
7 days after receipt of the list of impartial arbitrators, the
Board shall appoint, at random, a neutral chairman from the
list. In the absence of an agreed contract procedure for

HB4336 - 38 - LRB103 35348 RLC 65412 b
selecting an impartial arbitrator, either party may request a
panel from the Board. Within 7 days of the request of either
party, the Board shall select from the Public Employees Labor
Mediation Roster 7 persons who are on the labor arbitration
panels of either the American Arbitration Association or the
Federal Mediation and Conciliation Service, or who are members
of the National Academy of Arbitrators, as nominees for
impartial arbitrator of the arbitration panel. The parties may
select an individual on the list provided by the Board or any
other individual mutually agreed upon by the parties. Within 7
days following the receipt of the list, the parties shall
notify the Board of the person they have selected. Unless the
parties agree on an alternate selection procedure, they shall
alternatively strike one name from the list provided by the
Board until only one name remains. A coin toss shall determine
which party shall strike the first name. If the parties fail to
notify the Board in a timely manner of their selection for
neutral chairman, the Board shall appoint a neutral chairman
from the Illinois Public Employees Mediation/Arbitration
Roster.
(d) The chairman shall call a hearing to begin within 15
days and give reasonable notice of the time and place of the
hearing. The hearing shall be held at the offices of the Board
or at such other location as the Board deems appropriate. The
chairman shall preside over the hearing and shall take
testimony. Any oral or documentary evidence and other data

HB4336 - 39 - LRB103 35348 RLC 65412 b
deemed relevant by the arbitration panel may be received in
evidence. The proceedings shall be informal. Technical rules
of evidence shall not apply and the competency of the evidence
shall not thereby be deemed impaired. A verbatim record of the
proceedings shall be made and the arbitrator shall arrange for
the necessary recording service. Transcripts may be ordered at
the expense of the party ordering them, but the transcripts
shall not be necessary for a decision by the arbitration
panel. The expense of the proceedings, including a fee for the
chairman, shall be borne equally by each of the parties to the
dispute. The delegates, if public officers or employees, shall
continue on the payroll of the public employer without loss of
pay. The hearing conducted by the arbitration panel may be
adjourned from time to time, but unless otherwise agreed by
the parties, shall be concluded within 30 days of the time of
its commencement. Majority actions and rulings shall
constitute the actions and rulings of the arbitration panel.
Arbitration proceedings under this Section shall not be
interrupted or terminated by reason of any unfair labor
practice charge filed by either party at any time.
(e) The arbitration panel may administer oaths, require
the attendance of witnesses, and the production of such books,
papers, contracts, agreements and documents as may be deemed
by it material to a just determination of the issues in
dispute, and for such purpose may issue subpoenas. If any
person refuses to obey a subpoena, or refuses to be sworn or to

HB4336 - 40 - LRB103 35348 RLC 65412 b
testify, or if any witness, party or attorney is guilty of any
contempt while in attendance at any hearing, the arbitration
panel may, or the attorney general if requested shall, invoke
the aid of any circuit court within the jurisdiction in which
the hearing is being held, which court shall issue an
appropriate order. Any failure to obey the order may be
punished by the court as contempt.
(f) At any time before the rendering of an award, the
chairman of the arbitration panel, if he is of the opinion that
it would be useful or beneficial to do so, may remand the
dispute to the parties for further collective bargaining for a
period not to exceed 2 weeks. If the dispute is remanded for
further collective bargaining the time provisions of this Act
shall be extended for a time period equal to that of the
remand. The chairman of the panel of arbitration shall notify
the Board of the remand.
(g) At or before the conclusion of the hearing held
pursuant to subsection (d), the arbitration panel shall
identify the economic issues in dispute, and direct each of
the parties to submit, within such time limit as the panel
shall prescribe, to the arbitration panel and to each other
its last offer of settlement on each economic issue. The
determination of the arbitration panel as to the issues in
dispute and as to which of these issues are economic shall be
conclusive. The arbitration panel, within 30 days after the
conclusion of the hearing, or such further additional periods

HB4336 - 41 - LRB103 35348 RLC 65412 b
to which the parties may agree, shall make written findings of
fact and promulgate a written opinion and shall mail or
otherwise deliver a true copy thereof to the parties and their
representatives and to the Board. As to each economic issue,
the arbitration panel shall adopt the last offer of settlement
which, in the opinion of the arbitration panel, more nearly
complies with the applicable factors prescribed in subsection
(h). The findings, opinions and order as to all other issues
shall be based upon the applicable factors prescribed in
subsection (h).
(h) Where there is no agreement between the parties, or
where there is an agreement but the parties have begun
negotiations or discussions looking to a new agreement or
amendment of the existing agreement, and wage rates or other
conditions of employment under the proposed new or amended
agreement are in dispute, the arbitration panel shall base its
findings, opinions and order upon the following factors, as
applicable:
(1) The lawful authority of the employer.
(2) Stipulations of the parties.
(3) The interests and welfare of the public and the
financial ability of the unit of government to meet those
costs.
(4) Comparison of the wages, hours and conditions of
employment of the employees involved in the arbitration
proceeding with the wages, hours and conditions of

HB4336 - 42 - LRB103 35348 RLC 65412 b
employment of other employees performing similar services
and with other employees generally:
(A) In public employment in comparable
communities.
(B) In private employment in comparable
communities.
(5) The average consumer prices for goods and
services, commonly known as the cost of living.
(6) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other excused time, insurance and pensions,
medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received.
(7) Changes in any of the foregoing circumstances
during the pendency of the arbitration proceedings.
(8) Such other factors, not confined to the foregoing,
which are normally or traditionally taken into
consideration in the determination of wages, hours and
conditions of employment through voluntary collective
bargaining, mediation, fact-finding, arbitration or
otherwise between the parties, in the public service or in
private employment.
(i) In the case of peace officers, the arbitration
decision shall be limited to wages, hours, and conditions of
employment (which may include residency requirements in
municipalities with a population under 1,000,000, 100,000, but

HB4336 - 43 - LRB103 35348 RLC 65412 b
those residency requirements shall not allow residency outside
of Illinois) and shall not include the following: i) residency
requirements in municipalities with a population of at least
1,000,000 100,000; ii) the type of equipment, other than
uniforms, issued or used; iii) manning; iv) the total number
of employees employed by the department; v) mutual aid and
assistance agreements to other units of government; and vi)
the criterion pursuant to which force, including deadly force,
can be used; provided, nothing herein shall preclude an
arbitration decision regarding equipment or manning levels if
such decision is based on a finding that the equipment or
manning considerations in a specific work assignment involve a
serious risk to the safety of a peace officer beyond that which
is inherent in the normal performance of police duties.
Limitation of the terms of the arbitration decision pursuant
to this subsection shall not be construed to limit the factors
upon which the decision may be based, as set forth in
subsection (h).
In the case of fire fighter, and fire department or fire
district paramedic matters, the arbitration decision shall be
limited to wages, hours, and conditions of employment
(including manning and also including residency requirements
in municipalities with a population under 1,000,000, but those
residency requirements shall not allow residency outside of
Illinois) and shall not include the following matters: i)
residency requirements in municipalities with a population of

HB4336 - 44 - LRB103 35348 RLC 65412 b
at least 1,000,000; ii) the type of equipment (other than
uniforms and fire fighter turnout gear) issued or used; iii)
the total number of employees employed by the department; iv)
mutual aid and assistance agreements to other units of
government; and v) the criterion pursuant to which force,
including deadly force, can be used; provided, however,
nothing herein shall preclude an arbitration decision
regarding equipment levels if such decision is based on a
finding that the equipment considerations in a specific work
assignment involve a serious risk to the safety of a fire
fighter beyond that which is inherent in the normal
performance of fire fighter duties. Limitation of the terms of
the arbitration decision pursuant to this subsection shall not
be construed to limit the facts upon which the decision may be
based, as set forth in subsection (h).
The changes to this subsection (i) made by Public Act
90-385 (relating to residency requirements) do not apply to
persons who are employed by a combined department that
performs both police and firefighting services; these persons
shall be governed by the provisions of this subsection (i)
relating to peace officers, as they existed before the
amendment by Public Act 90-385.
To preserve historical bargaining rights, this subsection
shall not apply to any provision of a fire fighter collective
bargaining agreement in effect and applicable on the effective
date of this Act; provided, however, nothing herein shall

HB4336 - 45 - LRB103 35348 RLC 65412 b
preclude arbitration with respect to any such provision.
(j) Arbitration procedures shall be deemed to be initiated
by the filing of a letter requesting mediation as required
under subsection (a) of this Section. The commencement of a
new municipal fiscal year after the initiation of arbitration
procedures under this Act, but before the arbitration
decision, or its enforcement, shall not be deemed to render a
dispute moot, or to otherwise impair the jurisdiction or
authority of the arbitration panel or its decision. Increases
in rates of compensation awarded by the arbitration panel may
be effective only at the start of the fiscal year next
commencing after the date of the arbitration award. If a new
fiscal year has commenced either since the initiation of
arbitration procedures under this Act or since any mutually
agreed extension of the statutorily required period of
mediation under this Act by the parties to the labor dispute
causing a delay in the initiation of arbitration, the
foregoing limitations shall be inapplicable, and such awarded
increases may be retroactive to the commencement of the fiscal
year, any other statute or charter provisions to the contrary,
notwithstanding. At any time the parties, by stipulation, may
amend or modify an award of arbitration.
(k) Orders of the arbitration panel shall be reviewable,
upon appropriate petition by either the public employer or the
exclusive bargaining representative, by the circuit court for
the county in which the dispute arose or in which a majority of

HB4336 - 46 - LRB103 35348 RLC 65412 b
the affected employees reside, but only for reasons that the
arbitration panel was without or exceeded its statutory
authority; the order is arbitrary, or capricious; or the order
was procured by fraud, collusion or other similar and unlawful
means. Such petitions for review must be filed with the
appropriate circuit court within 90 days following the
issuance of the arbitration order. The pendency of such
proceeding for review shall not automatically stay the order
of the arbitration panel. The party against whom the final
decision of any such court shall be adverse, if such court
finds such appeal or petition to be frivolous, shall pay
reasonable attorneys' fees and costs to the successful party
as determined by said court in its discretion. If said court's
decision affirms the award of money, such award, if
retroactive, shall bear interest at the rate of 12 percent per
annum from the effective retroactive date.
(l) During the pendency of proceedings before the
arbitration panel, existing wages, hours, and other conditions
of employment shall not be changed by action of either party
without the consent of the other but a party may so consent
without prejudice to his rights or position under this Act.
The proceedings are deemed to be pending before the
arbitration panel upon the initiation of arbitration
procedures under this Act.
(m) Security officers of public employers, and Peace
Officers, Fire Fighters and fire department and fire

HB4336 - 47 - LRB103 35348 RLC 65412 b
protection district paramedics, covered by this Section may
not withhold services, nor may public employers lock out or
prevent such employees from performing services at any time.
(n) All of the terms decided upon by the arbitration panel
shall be included in an agreement to be submitted to the public
employer's governing body for ratification and adoption by
law, ordinance or the equivalent appropriate means.
The governing body shall review each term decided by the
arbitration panel. If the governing body fails to reject one
or more terms of the arbitration panel's decision by a 3/5 vote
of those duly elected and qualified members of the governing
body, within 20 days of issuance, or in the case of
firefighters employed by a state university, at the next
regularly scheduled meeting of the governing body after
issuance, such term or terms shall become a part of the
collective bargaining agreement of the parties. If the
governing body affirmatively rejects one or more terms of the
arbitration panel's decision, it must provide reasons for such
rejection with respect to each term so rejected, within 20
days of such rejection and the parties shall return to the
arbitration panel for further proceedings and issuance of a
supplemental decision with respect to the rejected terms. Any
supplemental decision by an arbitration panel or other
decision maker agreed to by the parties shall be submitted to
the governing body for ratification and adoption in accordance
with the procedures and voting requirements set forth in this

HB4336 - 48 - LRB103 35348 RLC 65412 b
Section. The voting requirements of this subsection shall
apply to all disputes submitted to arbitration pursuant to
this Section notwithstanding any contrary voting requirements
contained in any existing collective bargaining agreement
between the parties.
(o) If the governing body of the employer votes to reject
the panel's decision, the parties shall return to the panel
within 30 days from the issuance of the reasons for rejection
for further proceedings and issuance of a supplemental
decision. All reasonable costs of such supplemental proceeding
including the exclusive representative's reasonable attorney's
fees, as established by the Board, shall be paid by the
employer.
(p) Notwithstanding the provisions of this Section the
employer and exclusive representative may agree to submit
unresolved disputes concerning wages, hours, terms and
conditions of employment to an alternative form of impasse
resolution.
The amendatory changes to this Section made by Public Act
101-652 take effect July 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
Section 2-40. The Community-Law Enforcement and Other
First Responder Partnership for Deflection and Substance Use
Disorder Treatment Act is amended by changing Sections 1, 5,
10, 15, 20, 30, and 35 as follows:

HB4336 - 49 - LRB103 35348 RLC 65412 b
(5 ILCS 820/1)
Sec. 1. Short title. This Act may be cited as the
Community-Law Enforcement Community Partnership for Deflection
and Substance Use Disorder Treatment Act.
(Source: P.A. 103-361, eff. 1-1-24.)
(5 ILCS 820/5)
Sec. 5. Purposes. The General Assembly hereby acknowledges
that opioid use disorders, overdoses, and deaths in Illinois
are persistent and growing concerns for Illinois communities.
These concerns compound existing challenges to adequately
address and manage substance use and mental health disorders.
Local government agencies, law enforcement officers, other
first responders, and co-responders have a unique opportunity
to facilitate connections to community-based services,
including case management, and mental and behavioral health
interventions that provide harm reduction or substance use
treatment and can help save and restore lives; help reduce
drug use, overdose incidence, criminal offending, and
recidivism; and help prevent arrest and conviction records
that destabilize health, families, and opportunities for
community citizenship and self-sufficiency. These efforts are
bolstered when pursued in partnership with licensed behavioral
health treatment providers and community members or
organizations. It is the intent of the General Assembly to

HB4336 - 50 - LRB103 35348 RLC 65412 b
authorize law enforcement, other first responders, and local
government agencies to develop and implement collaborative
deflection programs in Illinois that offer immediate pathways
to substance use treatment and other services as an
alternative to traditional case processing and involvement in
the criminal justice system, and to unnecessary admission to
emergency departments.
(Source: P.A. 103-361, eff. 1-1-24.)
(5 ILCS 820/10)
Sec. 10. Definitions. In this Act:
"Case management" means those services which use
evidence-based practices, including harm reduction and
motivational interviewing, to assist persons in gaining access
to needed social, educational, medical, substance use and
mental health treatment, and other services.
"Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of
individual and family mental and physical well-being and the
overall social welfare of the community, and may include
persons with lived experience in recovery from substance use
disorder, either themselves or as family members.
"Other first responder" means and includes emergency
medical services providers that are public units of

HB4336 - 51 - LRB103 35348 RLC 65412 b
government, fire departments and districts, and officials and
responders representing and employed by these entities.
"Deflection program" means a program in which a peace
officer or member of a law enforcement agency, other first
responder, or local government agency facilitates contact
between an individual and a licensed substance use treatment
provider, clinician, or case management agency for assessment
and coordination of treatment planning, including co-responder
approaches that incorporate behavioral health, peer, or social
work professionals with law enforcement or other first
responders at the scene. This facilitation includes defined
criteria for eligibility and communication protocols agreed to
by the law enforcement agency or other first responder entity
and the licensed treatment provider or case management agency
for the purpose of providing substance use treatment or care
collaboration to those persons in lieu of arrest or further
justice system involvement, or unnecessary admissions to the
emergency department. Deflection programs may include, but are
not limited to, the following types of responses:
(1) a post-overdose deflection response initiated by a
peace officer or law enforcement agency subsequent to
emergency administration of medication to reverse an
overdose, or in cases of severe substance use disorder
with acute risk for overdose;
(2) a self-referral deflection response initiated by
an individual by contacting a peace officer, law

HB4336 - 52 - LRB103 35348 RLC 65412 b
enforcement agency, other first responder, or local
government agency in the acknowledgment of their substance
use or disorder;
(3) an active outreach deflection response initiated
by a peace officer, law enforcement agency, other first
responder, or local government agency as a result of
proactive identification of persons thought likely to have
a substance use disorder or untreated or undiagnosed
mental illness;
(4) an officer, other first responder, or local
government agency prevention deflection response initiated
by a peace officer, law enforcement agency, or local
government agency in response to a community call when no
criminal charges are present;
(5) an officer intervention during routine activities,
such as patrol or response to a service call during which a
referral to treatment, to services, or to a case manager
is made in lieu of arrest.
"Harm reduction" means a reduction of, or attempt to
reduce, the adverse consequences of substance use, including,
but not limited to, by addressing the substance use and
conditions that give rise to the substance use. "Harm
reduction" includes, but is not limited to, syringe service
programs, naloxone distribution, and public awareness
campaigns about the Good Samaritan Act.
"Law enforcement agency" means a municipal police

HB4336 - 53 - LRB103 35348 RLC 65412 b
department or county sheriff's office of this State, the
Illinois State Police, or other law enforcement agency whose
officers, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those
activities or services, as the Department of Human Services
may establish by rule, such as the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care, including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess
or treat substance use disorder or to families of those
persons.
"Local government agency" means a county, municipality, or
township office, a State's Attorney's Office, a Public
Defender's Office, or a local health department.
"Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.

HB4336 - 54 - LRB103 35348 RLC 65412 b
"Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment,
in accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
"Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
103-361, eff. 1-1-24.)
(5 ILCS 820/15)
Sec. 15. Authorization.
(a) Any law enforcement agency, other first responder
entity, or local government agency may establish a deflection
program subject to the provisions of this Act in partnership
with one or more licensed providers of substance use disorder
treatment services and one or more community members or
organizations. Programs established by another first responder
entity or a local government agency shall also include a law
enforcement agency.

HB4336 - 55 - LRB103 35348 RLC 65412 b
(b) The deflection program may involve a post-overdose
deflection response, a self-referral deflection response, a
pre-arrest diversion response, an active outreach deflection
response, an officer or other first responder prevention
deflection response, or an officer intervention deflection
response, or any combination of those.
(c) Nothing shall preclude the General Assembly from
adding other responses to a deflection program, or preclude a
law enforcement agency, other first responder entity, or local
government agency from developing a deflection program
response based on a model unique and responsive to local
issues, substance use or mental health needs, and
partnerships, using sound and promising or evidence-based
practices.
(c-5) Whenever appropriate and available, case management
should be provided by a licensed treatment provider or other
appropriate provider and may include peer recovery support
approaches.
(d) To receive funding for activities as described in
Section 35 of this Act, planning for the deflection program
shall include:
(1) the involvement of one or more licensed treatment
programs and one or more community members or
organizations; and
(2) an agreement with the Illinois Criminal Justice
Information Authority to collect and evaluate relevant

HB4336 - 56 - LRB103 35348 RLC 65412 b
statistical data related to the program, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(3) an agreement with participating licensed treatment
providers authorizing the release of statistical data to
the Illinois Criminal Justice Information Authority, in
compliance with State and Federal law, as established by
the Illinois Criminal Justice Information Authority in
paragraph (2) of subsection (a) of Section 25 of this Act.
(Source: P.A. 103-361, eff. 1-1-24.)
(5 ILCS 820/20)
Sec. 20. Procedure. The law enforcement agency, other
first responder entity, local government agency, licensed
treatment providers, and community members or organizations
shall establish a local deflection program plan that includes
protocols and procedures for participant identification,
screening or assessment, case management, treatment
facilitation, reporting, restorative justice, and ongoing
involvement of the law enforcement agency. Licensed substance
use disorder treatment organizations shall adhere to 42 CFR
Part 2 regarding confidentiality regulations for information
exchange or release. Substance use disorder treatment services
shall adhere to all regulations specified in Department of
Human Services Administrative Rules, Parts 2060 and 2090.
A deflection program organized and operating under this

HB4336 - 57 - LRB103 35348 RLC 65412 b
Act may accept, receive, and disburse, in furtherance of its
duties and functions, any funds, grants, and services made
available by the State and its agencies, the federal
government and its agencies, units of local government, and
private or civic sources.
(Source: P.A. 103-361, eff. 1-1-24.)
(5 ILCS 820/30)
Sec. 30. Exemption from civil liability. The law
enforcement agency, peace officer, other first responder, or
local government agency or employee of the agency acting in
good faith shall not, as the result of acts or omissions in
providing services under Section 15 of this Act, be liable for
civil damages, unless the acts or omissions constitute willful
and wanton misconduct.
(Source: P.A. 103-361, eff. 1-1-24.)
(5 ILCS 820/35)
Sec. 35. Funding.
(a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the
purpose of funding law enforcement agencies, other first
responder entities, or local government agencies for services
provided by deflection program partners as part of deflection
programs subject to subsection (d) of Section 15 of this Act.
(a.1) (Blank). Up to 10 percent of appropriated funds may

HB4336 - 58 - LRB103 35348 RLC 65412 b
be expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
(b) The For all appropriated funds not distributed under
subsection (a.1), the Illinois Criminal Justice Information
Authority may adopt guidelines and requirements to direct the
distribution of funds for expenses related to deflection
programs. Funding shall be made available to support both new
and existing deflection programs in a broad spectrum of
geographic regions in this State, including urban, suburban,
and rural communities. Funding for deflection programs shall
be prioritized for communities that have been impacted by the
war on drugs, communities that have a police/community
relations issue, and communities that have a disproportionate
lack of access to mental health and drug treatment. Activities
eligible for funding under this Act may include, but are not
limited to, the following:
(1) activities related to program administration,
coordination, or management, including, but not limited
to, the development of collaborative partnerships with
licensed treatment providers and community members or
organizations; collection of program data; or monitoring

HB4336 - 59 - LRB103 35348 RLC 65412 b
of compliance with a local deflection program plan;
(2) case management including case management provided
prior to assessment, diagnosis, and engagement in
treatment, as well as assistance navigating and gaining
access to various treatment modalities and support
services;
(3) peer recovery or recovery support services that
include the perspectives of persons with the experience of
recovering from a substance use disorder, either
themselves or as family members;
(4) transportation to a licensed treatment provider or
other program partner location;and
(5) program evaluation activities;
(6) (blank); naloxone and related harm reduction
supplies necessary for carrying out overdose prevention
and reversal for purposes of distribution to program
participants or for use by law enforcement, other first
responders, or local government agencies;
(7) (blank); treatment necessary to prevent gaps in
service delivery between linkage and coverage by other
funding sources when otherwise non-reimbursable; and
(8) wraparound participant funds to be used to
incentivize participation and meet participant needs.
Eligible items include, but are not limited to, clothing,
transportation, application fees, emergency shelter,
utilities, toiletries, medical supplies, haircuts, and

HB4336 - 60 - LRB103 35348 RLC 65412 b
snacks. Food and drink is allowed if it is necessary for
the program's success where it incentivizes participation
in case management or addresses an emergency need as a
bridge to self-sufficiency when other sources of emergency
food are not available.
(c) Specific linkage agreements with recovery support
services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and
significant others as a part of a family-based approach to
treatment. All deflection programs are encouraged to use
evidence-based practices and outcome measures in the provision
of case management, substance use disorder treatment, and
medication-assisted treatment for persons with opioid use
disorders.
(Source: P.A. 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.)
(5 ILCS 820/21 rep.)
Section 2-45. The Community-Law Enforcement Partnership
for Deflection and Substance Use Disorder Treatment Act is
amended by repealing Section 21.
(15 ILCS 205/10 rep.)
Section 2-50. The Attorney General Act is amended by
repealing Section 10.

HB4336 - 61 - LRB103 35348 RLC 65412 b
Section 2-55. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-302 as follows:
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
Sec. 2605-302. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) (Blank).
(5.1) If the individual is incarcerated, the amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72

HB4336 - 62 - LRB103 35348 RLC 65412 b
hours from the arrest. The information described in items (3),
(4), (5), and (6) of subsection (a), however, may be withheld
if it is determined that disclosure would (i) interfere with
pending or actually and reasonably contemplated law
enforcement proceedings conducted by any law enforcement or
correctional agency; (ii) endanger the life or physical safety
of law enforcement or correctional personnel or any other
person; or (iii) compromise the security of any correctional
facility.
(c) For the purposes of this Section, the term "news
media" means personnel of a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

HB4336 - 63 - LRB103 35348 RLC 65412 b
Section 2-60. The State Police Act is amended by changing
Section 14 as follows:
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Illinois State Police officer shall be removed, demoted, or
suspended except for cause, upon written charges filed with
the Board by the Director and a hearing before the Board
thereon upon not less than 10 days' notice at a place to be
designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
Anyone It shall not be a requirement of a person filing a
complaint against a State Police officer must to have the a
complaint supported by a sworn affidavit. Any such complaint,
having been supported by a sworn affidavit, and having been
found, in total or in part, to contain false information,
shall be presented to the appropriate State's Attorney for a
determination of prosecution or any other legal documentation.
This ban on an affidavit requirement shall apply to any
collective bargaining agreements entered after the effective
date of this provision.
Before any such officer may be interrogated or examined by
or before the Board, or by an Illinois State Police agent or
investigator specifically assigned to conduct an internal

HB4336 - 64 - LRB103 35348 RLC 65412 b
investigation, the results of which hearing, interrogation, or
examination may be the basis for filing charges seeking his or
her suspension for more than 15 days or his or her removal or
discharge, he or she shall be advised in writing as to what
specific improper or illegal act he or she is alleged to have
committed; he or she shall be advised in writing that his or
her admissions made in the course of the hearing,
interrogation, or examination may be used as the basis for
charges seeking his or her suspension, removal, or discharge;
and he or she shall be advised in writing that he or she has a
right to counsel of his or her choosing, who may be present to
advise him or her at any hearing, interrogation, or
examination. A complete record of any hearing, interrogation,
or examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are
established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion,
suspension for a period of not more than 180 days, or such
other disciplinary punishment as may be prescribed by the

HB4336 - 65 - LRB103 35348 RLC 65412 b
rules and regulations of the Board which, in the opinion of the
members thereof, the offense merits. Thereupon the Director
shall direct such removal or other punishment as ordered by
the Board and if the accused refuses to abide by any such
disciplinary order, the Director shall remove him or her
forthwith.
If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for
the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Illinois State Police
shall be subject to these sanctions in the same manner as other
parties.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by

HB4336 - 66 - LRB103 35348 RLC 65412 b
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of any order of the Board rendered
pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Illinois State Police shall be discharged from the
Illinois State Police as provided in the Employee Rights
Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 2610/17c rep.)
Section 2-65. The State Police Act is amended by repealing
Section 17c.
(20 ILCS 3930/7.7 rep.)
(20 ILCS 3930/7.8 rep.)
Section 2-70. The Illinois Criminal Justice Information
Act is amended by repealing Sections 7.7 and 7.8.
(30 ILCS 105/5.990 rep.)
Section 2-72. The State Finance Act is amended by
repealing Section 5.990 as added by Public Act 102-1104.

HB4336 - 67 - LRB103 35348 RLC 65412 b
(50 ILCS 105/4.1 rep.)
Section 2-75. The Public Officer Prohibited Activities Act
is amended by repealing Section 4.1.
Section 2-80. The Local Records Act is amended by changing
Section 3b as follows:
(50 ILCS 205/3b)
Sec. 3b. Arrest records and reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) (Blank).
(5.1) If the individual is incarcerated, the amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or

HB4336 - 68 - LRB103 35348 RLC 65412 b
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not

HB4336 - 69 - LRB103 35348 RLC 65412 b
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(f) All information, including photographs, made available
under this Section is subject to the provisions of Section
2QQQ of the Consumer Fraud and Deceptive Business Practices
Act.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(50 ILCS 205/25 rep.)
Section 2-85. The Local Records Act is amended by
repealing Section 25.
Section 2-90. The Illinois Police Training Act is amended
by changing Sections 6.2 and 10.17 as follows:
(50 ILCS 705/6.2)
Sec. 6.2. Officer professional conduct database. In order
to ensure the continuing effectiveness of this Section, it is
set forth in full and reenacted by this amendatory Act of the
102nd General Assembly. This reenactment is intended as a
continuation of this Section. This reenactment is not intended
to supersede any amendment to this Section that may be made by
any other Public Act of the 102nd General Assembly.

HB4336 - 70 - LRB103 35348 RLC 65412 b
(a) All law enforcement agencies shall notify the Board of
any final determination of willful violation of department or
agency policy, official misconduct, or violation of law when:
(1) the officer is discharged or dismissed as a result
of the violation; or
(2) the officer resigns during the course of an
investigation and after the officer has been served notice
that he or she is under investigation that is based on the
commission of a Class 2 or greater any felony or sex
offense.
The agency shall report to the Board within 30 days of a
final decision of discharge or dismissal and final exhaustion
of any appeal, or resignation, and shall provide information
regarding the nature of the violation.
(b) Upon receiving notification from a law enforcement
agency, the Board must notify the law enforcement officer of
the report and his or her right to provide a statement
regarding the reported violation.
(c) The Board shall maintain a database readily available
to any chief administrative officer, or his or her designee,
of a law enforcement agency or any State's Attorney that shall
show each reported instance, including the name of the
officer, the nature of the violation, reason for the final
decision of discharge or dismissal, and any statement provided
by the officer.
(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,

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Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22.
Reenacted and changed by 102-694, eff. 1-7-22.)
(50 ILCS 705/10.17)
Sec. 10.17. Crisis intervention team training; mental
health awareness training.
(a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for certified
training programs in crisis intervention, including a
specialty certification course of at least 40 hours,
addressing specialized policing responses to people with
mental illnesses. The Board shall conduct Crisis Intervention
Team (CIT) training programs that train officers to identify
signs and symptoms of mental illness, to de-escalate
situations involving individuals who appear to have a mental
illness, and connect that person in crisis to treatment.
Crisis Intervention Team (CIT) training programs shall be a
collaboration between law enforcement professionals, mental
health providers, families, and consumer advocates and must
minimally include the following components: (1) basic
information about mental illnesses and how to recognize them;
(2) information about mental health laws and resources; (3)
learning from family members of individuals with mental
illness and their experiences; and (4) verbal de-escalation
training and role-plays. Officers who have successfully
completed this program shall be issued a certificate attesting

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to their attendance of a Crisis Intervention Team (CIT)
training program.
(b) The Board shall create an introductory course
incorporating adult learning models that provides law
enforcement officers with an awareness of mental health issues
including a history of the mental health system, types of
mental health illness including signs and symptoms of mental
illness and common treatments and medications, and the
potential interactions law enforcement officers may have on a
regular basis with these individuals, their families, and
service providers including de-escalating a potential crisis
situation. This course, in addition to other traditional
learning settings, may be made available in an electronic
format.
The amendatory changes to this Section made by Public Act
101-652 shall take effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
(50 ILCS 705/10.6 rep.)
Section 2-95. The Illinois Police Training Act is amended
by repealing Section 10.6.
Section 2-100. The Law Enforcement Officer-Worn Body
Camera Act is amended by changing Sections 10-10, 10-15,
10-20, and 10-25 as follows:

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(50 ILCS 706/10-10)
Sec. 10-10. Definitions. As used in this Act:
"Badge" means an officer's department issued
identification number associated with his or her position as a
police officer with that department.
"Board" means the Illinois Law Enforcement Training
Standards Board created by the Illinois Police Training Act.
"Business offense" means a petty offense for which the
fine is in excess of $1,000.
"Community caretaking function" means a task undertaken by
a law enforcement officer in which the officer is performing
an articulable act unrelated to the investigation of a crime.
"Community caretaking function" includes, but is not limited
to, participating in town halls or other community outreach,
helping a child find his or her parents, providing death
notifications, and performing in-home or hospital well-being
checks on the sick, elderly, or persons presumed missing.
"Community caretaking function" excludes law
enforcement-related encounters or activities.
"Fund" means the Law Enforcement Camera Grant Fund.
"In uniform" means a law enforcement officer who is
wearing any officially authorized uniform designated by a law
enforcement agency, or a law enforcement officer who is
visibly wearing articles of clothing, a badge, tactical gear,
gun belt, a patch, or other insignia that he or she is a law
enforcement officer acting in the course of his or her duties.

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"Law enforcement officer" or "officer" means any person
employed by a State, county, municipality, special district,
college, unit of government, or any other entity authorized by
law to employ peace officers or exercise police authority and
who is primarily responsible for the prevention or detection
of crime and the enforcement of the laws of this State.
"Law enforcement agency" means all State agencies with law
enforcement officers, county sheriff's offices, municipal,
special district, college, or unit of local government police
departments.
"Law enforcement-related encounters or activities"
include, but are not limited to, traffic stops, pedestrian
stops, arrests, searches, interrogations, investigations,
pursuits, crowd control, traffic control, non-community
caretaking interactions with an individual while on patrol, or
any other instance in which the officer is enforcing the laws
of the municipality, county, or State. "Law
enforcement-related encounter or activities" does not include
when the officer is completing paperwork alone, is
participating in training in a classroom setting, or is only
in the presence of another law enforcement officer.
"Minor traffic offense" means a petty offense, business
offense, or Class C misdemeanor under the Illinois Vehicle
Code or a similar provision of a municipal or local ordinance.
"Officer-worn body camera" means an electronic camera
system for creating, generating, sending, receiving, storing,

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displaying, and processing audiovisual recordings that may be
worn about the person of a law enforcement officer.
"Peace officer" has the meaning provided in Section 2-13
of the Criminal Code of 2012.
"Petty offense" means any offense for which a sentence of
imprisonment is not an authorized disposition.
"Recording" means the process of capturing data or
information stored on a recording medium as required under
this Act.
"Recording medium" means any recording medium authorized
by the Board for the retention and playback of recorded audio
and video including, but not limited to, VHS, DVD, hard drive,
cloud storage, solid state, digital, flash memory technology,
or any other electronic medium.
(Source: P.A. 102-1104, eff. 12-6-22.)
(50 ILCS 706/10-15)
Sec. 10-15. Applicability. Any law enforcement agency
which employs the use of officer-worn body cameras is subject
to the provisions of this Act, whether or not the agency
receives or has received monies from the Law Enforcement
Camera Grant Fund. (a) All law enforcement agencies must
employ the use of officer-worn body cameras in accordance with
the provisions of this Act, whether or not the agency receives
or has received monies from the Law Enforcement Camera Grant
Fund.

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(b) Except as provided in subsection (b-5), all law
enforcement agencies must implement the use of body cameras
for all law enforcement officers, according to the following
schedule:
(1) for municipalities and counties with populations
of 500,000 or more, body cameras shall be implemented by
January 1, 2022;
(2) for municipalities and counties with populations
of 100,000 or more but under 500,000, body cameras shall
be implemented by January 1, 2023;
(3) for municipalities and counties with populations
of 50,000 or more but under 100,000, body cameras shall be
implemented by January 1, 2024;
(4) for municipalities and counties under 50,000, body
cameras shall be implemented by January 1, 2025; and
(5) for all State agencies with law enforcement
officers and other remaining law enforcement agencies,
body cameras shall be implemented by January 1, 2025.
(b-5) If a law enforcement agency that serves a
municipality with a population of at least 100,000 but not
more than 500,000 or a law enforcement agency that serves a
county with a population of at least 100,000 but not more than
500,000 has ordered by October 1, 2022 or purchased by that
date officer-worn body cameras for use by the law enforcement
agency, then the law enforcement agency may implement the use
of body cameras for all of its law enforcement officers by no

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later than July 1, 2023. Records of purchase within this
timeline shall be submitted to the Illinois Law Enforcement
Training Standards Board by January 1, 2023.
(c) A law enforcement agency's compliance with the
requirements under this Section shall receive preference by
the Illinois Law Enforcement Training Standards Board in
awarding grant funding under the Law Enforcement Camera Grant
Act.
(d) This Section does not apply to court security
officers, State's Attorney investigators, and Attorney General
investigators.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-1104, eff. 12-6-22.)
(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

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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,

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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

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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 officer or his or her
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:

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(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.

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(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

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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 or believes it may have
evidentiary value in a criminal prosecution.
(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.
(D) Nothing in this Act prohibits law enforcement
agencies from labeling officer-worn body camera video
within the recording medium; provided that the
labeling does not alter the actual recording of the
incident captured on the officer-worn body camera. The

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labels, titles, and tags shall not be construed as
altering the officer-worn body camera video in any
way.
(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

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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

HB4336 - 86 - LRB103 35348 RLC 65412 b
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

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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;
102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
12-6-22.)
(50 ILCS 706/10-25)
Sec. 10-25. Reporting.
(a) Each law enforcement agency which employs the use of
officer-worn body cameras must provide an annual report on the
use of officer-worn body cameras to the Board, on or before May
1 of the year. The report shall include:
(1) a brief overview of the makeup of the agency,
including the number of officers utilizing officer-worn

HB4336 - 88 - LRB103 35348 RLC 65412 b
body cameras;
(2) the number of officer-worn body cameras utilized
by the law enforcement agency;
(3) any technical issues with the equipment and how
those issues were remedied;
(4) a brief description of the review process used by
supervisors within the law enforcement agency;
(5) (blank); and
(5.1) for each recording used in prosecutions of
conservation, criminal, or traffic offenses or municipal
ordinance violations:
(A) the time, date, location, and precinct of the
incident; and
(B) the offense charged and the date charges were
filed; and
(6) any other information relevant to the
administration of the program.
(b) On or before July 30 of each year, the Board must
analyze the law enforcement agency reports and provide an
annual report to the General Assembly and the Governor.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
Section 2-103. The Law Enforcement Camera Grant Act is
amended by changing Section 10 as follows:
(50 ILCS 707/10)

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Sec. 10. Law Enforcement Camera Grant Fund; creation,
rules.
(a) The Law Enforcement Camera Grant Fund is created as a
special fund in the State treasury. From appropriations to the
Board from the Fund, the Board must make grants to units of
local government in Illinois and Illinois public universities
for the purpose of (1) purchasing in-car video cameras for use
in law enforcement vehicles, (2) purchasing officer-worn body
cameras and associated technology for law enforcement
officers, and (3) training for law enforcement officers in the
operation of the cameras. Grants under this Section may be
used to offset data storage costs for officer-worn body
cameras.
Moneys received for the purposes of this Section,
including, without limitation, fee receipts and gifts, grants,
and awards from any public or private entity, must be
deposited into the Fund. Any interest earned on moneys in the
Fund must be deposited into the Fund.
(b) The Board may set requirements for the distribution of
grant moneys and determine which law enforcement agencies are
eligible.
(b-5) The Board shall consider compliance with the Uniform
Crime Reporting Act as a factor in awarding grant moneys.
(c) (Blank).
(d) (Blank).
(e) (Blank).

HB4336 - 90 - LRB103 35348 RLC 65412 b
(f) (Blank).
(g) (Blank).
(h) (Blank).
(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
Section 2-105. The Uniform Crime Reporting Act is amended
by changing Sections 5-10, 5-12, and 5-20 as follows:
(50 ILCS 709/5-10)
Sec. 5-10. Central repository of crime statistics. The
Illinois State Police shall be a central repository and
custodian of crime statistics for the State and shall have all
the power necessary to carry out the purposes of this Act,
including the power to demand and receive cooperation in the
submission of crime statistics from all law enforcement
agencies. All data and information provided to the Illinois
State Police under this Act must be provided in a manner and
form prescribed by the Illinois State Police. On an annual
basis, the Illinois State Police shall make available
compilations of crime statistics and monthly reporting
required to be reported by each law enforcement agency.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(50 ILCS 709/5-12)
Sec. 5-12. Monthly reporting. All law enforcement agencies

HB4336 - 91 - LRB103 35348 RLC 65412 b
shall submit to the Illinois State Police on a monthly basis
the following:
(1) beginning January 1, 2016, a report on any
arrest-related death that shall include information
regarding the deceased, the officer, any weapon used by
the officer or the deceased, and the circumstances of the
incident. The Illinois State Police shall submit on a
quarterly basis all information collected under this
paragraph (1) to the Illinois Criminal Justice Information
Authority, contingent upon updated federal guidelines
regarding the Uniform Crime Reporting Program;
(2) beginning January 1, 2017, a report on any
instance when a law enforcement officer discharges his or
her firearm causing a non-fatal injury to a person, during
the performance of his or her official duties or in the
line of duty;
(3) a report of incident-based information on hate
crimes including information describing the offense,
location of the offense, type of victim, offender, and
bias motivation. If no hate crime incidents occurred
during a reporting month, the law enforcement agency must
submit a no incident record, as required by the Illinois
State Police;
(4) a report on any incident of an alleged commission
of a domestic crime, that shall include information
regarding the victim, offender, date and time of the

HB4336 - 92 - LRB103 35348 RLC 65412 b
incident, any injury inflicted, any weapons involved in
the commission of the offense, and the relationship
between the victim and the offender;
(5) data on an index of offenses selected by the
Illinois State Police based on the seriousness of the
offense, frequency of occurrence of the offense, and
likelihood of being reported to law enforcement. The data
shall include the number of index crime offenses committed
and number of associated arrests; and
(6) data on offenses and incidents reported by schools
to local law enforcement. The data shall include offenses
defined as an attack against school personnel,
intimidation offenses, drug incidents, and incidents
involving weapons. ;
(7) beginning on July 1, 2021, a report on incidents
where a law enforcement officer was dispatched to deal
with a person experiencing a mental health crisis or
incident. The report shall include the number of
incidents, the level of law enforcement response and the
outcome of each incident. For purposes of this Section, a
"mental health crisis" is when a person's behavior puts
them at risk of hurting themselves or others or prevents
them from being able to care for themselves;
(8) beginning on July 1, 2021, a report on use of
force, including any action that resulted in the death or
serious bodily injury of a person or the discharge of a

HB4336 - 93 - LRB103 35348 RLC 65412 b
firearm at or in the direction of a person. The report
shall include information required by the Illinois State
Police, pursuant to Section 5-11 of this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(50 ILCS 709/5-20)
Sec. 5-20. Reporting compliance. The Illinois State Police
shall annually report to the Illinois Law Enforcement Training
Standards Board and the Department of Revenue any law
enforcement agency not in compliance with the reporting
requirements under this Act. A law enforcement agency's
compliance with the reporting requirements under this Act
shall be a factor considered by the Illinois Law Enforcement
Training Standards Board in awarding grant funding under the
Law Enforcement Camera Grant Act, with preference to law
enforcement agencies which are in compliance with reporting
requirements under this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(50 ILCS 709/5-11 rep.)
Section 2-110. The Uniform Crime Reporting Act is amended
by repealing Section 5-11.
Section 2-115. The Uniform Peace Officers' Disciplinary

HB4336 - 94 - LRB103 35348 RLC 65412 b
Act is amended by changing Sections 3.2, 3.4, and 3.8 as
follows:
(50 ILCS 725/3.2) (from Ch. 85, par. 2555)
Sec. 3.2. No officer shall be subjected to interrogation
without first being informed in writing of the nature of the
investigation. If an administrative proceeding is instituted,
the officer shall be informed beforehand of the names of all
complainants. The information shall be sufficient as to
reasonably apprise the officer of the nature of the
investigation.
(Source: P.A. 101-652, eff. 7-1-21.)
(50 ILCS 725/3.4) (from Ch. 85, par. 2557)
Sec. 3.4. The officer under investigation shall be
informed in writing of the name, rank and unit or command of
the officer in charge of the investigation, the interrogators,
and all persons who will be present on the behalf of the
employer during any interrogation except at a public
administrative proceeding. The officer under investigation
shall inform the employer of any person who will be present on
his or her behalf during any interrogation except at a public
administrative hearing.
(Source: P.A. 101-652, eff. 7-1-21.)
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)

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Sec. 3.8. Admissions; counsel; verified complaint.
(a) No officer shall be interrogated without first being
advised in writing that admissions made in the course of the
interrogation may be used as evidence of misconduct or as the
basis for charges seeking suspension, removal, or discharge;
and without first being advised in writing that he or she has
the right to counsel of his or her choosing who may be present
to advise him or her at any stage of any interrogation.
(b) Anyone It shall not be a requirement for a person
filing a complaint against a sworn peace officer must to have
the complaint supported by a sworn affidavit. Any complaint,
having been supported by a sworn affidavit, and having been
found, in total or in part, to contain knowingly false
material information, shall be presented to the appropriate
State's Attorney for a determination of prosecution. or any
other legal documentation. This ban on an affidavit
requirement shall apply to any collective bargaining
agreements entered after the effective date of this provision.
(Source: P.A. 101-652, eff. 7-1-21.)
Section 2-120. The Uniform Peace Officers' Disciplinary
Act is amended by adding Section 6.1 as follows:
(50 ILCS 725/6.1 new)
Sec. 6.1. Applicability. Except as otherwise provided in
this Act, the provisions of this Act apply only to the extent

HB4336 - 96 - LRB103 35348 RLC 65412 b
there is no collective bargaining agreement currently in
effect dealing with the subject matter of this Act.
(50 ILCS 727/1-35 rep.)
Section 2-125. The Police and Community Relations
Improvement Act is amended by repealing Section 1-35.
Section 2-130. The Counties Code is amended by changing
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
Sec. 4-5001. Sheriffs; counties of first and second class.
The fees of sheriffs in counties of the first and second class,
except when increased by county ordinance under this Section,
shall be as follows:
For serving or attempting to serve summons on each
defendant in each county, $10.
For serving or attempting to serve an order or judgment
granting injunctive relief in each county, $10.
For serving or attempting to serve each garnishee in each
county, $10.
For serving or attempting to serve an order for replevin
in each county, $10.
For serving or attempting to serve an order for attachment
on each defendant in each county, $10.
For serving or attempting to serve a warrant of arrest,

HB4336 - 97 - LRB103 35348 RLC 65412 b
$8, to be paid upon conviction.
For returning a defendant from outside the State of
Illinois, upon conviction, the court shall assess, as court
costs, the cost of returning a defendant to the jurisdiction.
For taking special bail, $1 in each county.
For serving or attempting to serve a subpoena on each
witness, in each county, $10.
For advertising property for sale, $5.
For returning each process, in each county, $5.
Mileage for each mile of necessary travel to serve any
such process as Stated above, calculating from the place of
holding court to the place of residence of the defendant, or
witness, 50¢ each way.
For summoning each juror, $3 with 30¢ mileage each way in
all counties.
For serving or attempting to serve notice of judgments or
levying to enforce a judgment, $3 with 50¢ mileage each way in
all counties.
For taking possession of and removing property levied on,
the officer shall be allowed to tax the actual cost of such
possession or removal.
For feeding each prisoner, such compensation to cover the
actual cost as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For attending before a court with prisoner, on an order

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for habeas corpus, in each county, $10 per day.
For attending before a court with a prisoner in any
criminal proceeding, in each county, $10 per day.
For each mile of necessary travel in taking such prisoner
before the court as stated above, 15¢ a mile each way.
For serving or attempting to serve an order or judgment
for the possession of real estate in an action of ejectment or
in any other action, or for restitution in an eviction action
without aid, $10 and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof, and for
each mile of necessary travel, 50¢ each way.
For executing and acknowledging a deed of sale of real
estate, in counties of first class, $4; second class, $4.
For preparing, executing and acknowledging a deed on
redemption from a court sale of real estate in counties of
first class, $5; second class, $5.
For making certificates of sale, and making and filing
duplicate, in counties of first class, $3; in counties of the
second class, $3.
For making certificate of redemption, $3.
For certificate of levy and filing, $3, and the fee for
recording shall be advanced by the judgment creditor and
charged as costs.
For taking all civil bonds on legal process, civil and
criminal, in counties of first class, $1; in second class, $1.
For executing copies in criminal cases, $4 and mileage for

HB4336 - 99 - LRB103 35348 RLC 65412 b
each mile of necessary travel, 20¢ each way.
For executing requisitions from other states, $5.
For conveying each prisoner from the prisoner's own county
to the jail of another county, or from another county to the
jail of the prisoner's county, per mile, for going, only, 30¢.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls and Reception Centers, the following
fees, payable out of the State treasury. For each person who is
conveyed, 35¢ per mile in going only to the penitentiary,
reformatory, Illinois State Training School for Boys, Illinois
State Training School for Girls and Reception Centers, from
the place of conviction.
The fees provided for transporting persons to the
penitentiary, reformatories, Illinois State Training School
for Boys, Illinois State Training School for Girls and
Reception Centers shall be paid for each trip so made. Mileage
as used in this Section means the shortest practical route,
between the place from which the person is to be transported,
to the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls and
Reception Centers and all fees per mile shall be computed on
such basis.
For conveying any person to or from any of the charitable
institutions of the State, when properly committed by
competent authority, when one person is conveyed, 35¢ per

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mile; when two persons are conveyed at the same time, 35¢ per
mile for the first person and 20¢ per mile for the second
person; and 10¢ per mile for each additional person.
For conveying a person from the penitentiary to the county
jail when required by law, 35¢ per mile.
For attending Supreme Court, $10 per day.
In addition to the above fees there shall be allowed to the
sheriff a fee of $600 for the sale of real estate which is made
by virtue of any judgment of a court, except that in the case
of a sale of unimproved real estate which sells for $10,000 or
less, the fee shall be $150. In addition to this fee and all
other fees provided by this Section, there shall be allowed to
the sheriff a fee in accordance with the following schedule
for the sale of personal estate which is made by virtue of any
judgment of a court:
For judgments up to $1,000, $75;
For judgments from $1,001 to $15,000, $150;
For judgments over $15,000, $300.
The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed by
this Section and collect those increased fees from all persons
and entities other than officers, agencies, departments and
other instrumentalities of the State if the increase is
justified by an acceptable cost study showing that the fees

HB4336 - 101 - LRB103 35348 RLC 65412 b
allowed by this Section are not sufficient to cover the costs
of providing the service. A statement of the costs of
providing each service, program and activity shall be prepared
by the county board. All supporting documents shall be public
records and subject to public examination and audit. All
direct and indirect costs, as defined in the United States
Office of Management and Budget Circular A-87, may be included
in the determination of the costs of each service, program and
activity.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the
property levied upon is not actually sold, the sheriff shall
be allowed his fee for levying and mileage, together with half
the fee for all money collected by him which he would be
entitled to if the same was made by sale to enforce the
judgment. In no case shall the fee exceed the amount of money
arising from the sale.
The fee requirements of this Section do not apply to
police departments or other law enforcement agencies. For the
purposes of this Section, "law enforcement agency" means an
agency of the State or unit of local government which is vested
by law or ordinance with the duty to maintain public order and
to enforce criminal laws.
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;
101-652, eff. 1-1-23.)

HB4336 - 102 - LRB103 35348 RLC 65412 b
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
Sec. 4-12001. Fees of sheriff in third class counties. The
officers herein named, in counties of the third class, shall
be entitled to receive the fees herein specified, for the
services mentioned and such other fees as may be provided by
law for such other services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $35.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
For serving or attempting to serve all other process, on
each defendant, $35.
For serving or attempting to serve a subpoena on each
witness, $35.
For serving or attempting to serve each warrant, $35.
For serving or attempting to serve each garnishee, $35.
For summoning each juror, $10.
For serving or attempting to serve each order or judgment
for replevin, $35.
For serving or attempting to serve an order for
attachment, on each defendant, $35.
For serving or attempting to serve an order or judgment
for the possession of real estate in an action of ejectment or

HB4336 - 103 - LRB103 35348 RLC 65412 b
in any other action, or for restitution in an eviction action,
without aid, $35, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
For serving or attempting to serve notice of judgment,
$35.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
For making certificate of levy on real estate and filing
or recording same, $8, and the fee for filing or recording
shall be advanced by the plaintiff in attachment or by the
judgment creditor and taxed as costs. For taking possession of
or removing property levied on, the sheriff shall be allowed
to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $20.
For making certificate of sale and making and filing
duplicate for record, $15, and the fee for recording same
shall be advanced by the judgment creditor and taxed as costs.
For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $15; for
preparing, executing and acknowledging all other deeds on sale
of real estate, $10.
For making and filing certificate of redemption, $15, and
the fee for recording same shall be advanced by party making

HB4336 - 104 - LRB103 35348 RLC 65412 b
the redemption and taxed as costs.
For making and filing certificate of redemption from a
court sale, $11, and the fee for recording same shall be
advanced by the party making the redemption and taxed as
costs.
For taking all bonds on legal process, $10.
For taking special bail, $5.
For returning each process, $15.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $9 per day.
For executing requisitions from other States, $13.
For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail,
$3.
For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the
office.
For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $3.
For feeding such prisoners per day, $3, to be paid by the
marshal or other person requiring the prisoner's confinement.

HB4336 - 105 - LRB103 35348 RLC 65412 b
For discharging such prisoners, $3.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the
State Treasury. When one person is conveyed, 20¢ per mile in
going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital from
the place of conviction; when 2 persons are conveyed at the
same time, 20¢ per mile for the first and 15¢ per mile for the
second person; when more than 2 persons are conveyed at the
same time as Stated above, the sheriff shall be allowed 20¢ per
mile for the first, 15¢ per mile for the second and 10¢ per
mile for each additional person.
The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be
paid for each trip so made. Mileage as used in this Section
means the shortest route on a hard surfaced road, (either
State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person
is to be transported, to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois

HB4336 - 106 - LRB103 35348 RLC 65412 b
Security Hospital, and all fees per mile shall be computed on
such basis.
In addition to the above fees, there shall be allowed to
the sheriff a fee of $900 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $100;
For judgments over $1,000 to $15,000, $300;
For judgments over $15,000, $500.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the
property levied upon is not actually sold, the sheriff shall
be allowed the fee for levying and mileage, together with half
the fee for all money collected by him or her which he or she
would be entitled to if the same were made by sale in the
enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.
The fee requirements of this Section do not apply to
police departments or other law enforcement agencies. For the
purposes of this Section, "law enforcement agency" means an
agency of the State or unit of local government which is vested
by law or ordinance with the duty to maintain public order and
to enforce criminal laws or ordinances.

HB4336 - 107 - LRB103 35348 RLC 65412 b
The fee requirements of this Section do not apply to units
of local government or school districts.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
Sec. 4-12001.1. Fees of sheriff in third class counties;
local governments and school districts. The officers herein
named, in counties of the third class, shall be entitled to
receive the fees herein specified from all units of local
government and school districts, for the services mentioned
and such other fees as may be provided by law for such other
services not herein designated.
Fees for Sheriff
For serving or attempting to serve any summons on each
defendant, $25.
For serving or attempting to serve each alias summons or
other process mileage will be charged as hereinafter provided
when the address for service differs from the address for
service on the original summons or other process.
For serving or attempting to serve all other process, on
each defendant, $25.
For serving or attempting to serve a subpoena on each
witness, $25.
For serving or attempting to serve each warrant, $25.
For serving or attempting to serve each garnishee, $25.
For summoning each juror, $4.

HB4336 - 108 - LRB103 35348 RLC 65412 b
For serving or attempting to serve each order or judgment
for replevin, $25.
For serving or attempting to serve an order for
attachment, on each defendant, $25.
For serving or attempting to serve an order or judgment
for the possession of real estate in an action of ejectment or
in any other action, or for restitution in an eviction action,
without aid, $9, and when aid is necessary, the sheriff shall
be allowed to tax in addition the actual costs thereof.
For serving or attempting to serve notice of judgment,
$25.
For levying to satisfy an order in an action for
attachment, $25.
For executing order of court to seize personal property,
$25.
For making certificate of levy on real estate and filing
or recording same, $3, and the fee for filing or recording
shall be advanced by the plaintiff in attachment or by the
judgment creditor and taxed as costs. For taking possession of
or removing property levied on, the sheriff shall be allowed
to tax the necessary actual costs of such possession or
removal.
For advertising property for sale, $3.
For making certificate of sale and making and filing
duplicate for record, $3, and the fee for recording same shall
be advanced by the judgment creditor and taxed as costs.

HB4336 - 109 - LRB103 35348 RLC 65412 b
For preparing, executing and acknowledging deed on
redemption from a court sale of real estate, $6; for
preparing, executing and acknowledging all other deeds on sale
of real estate, $4.
For making and filing certificate of redemption, $3.50,
and the fee for recording same shall be advanced by party
making the redemption and taxed as costs.
For making and filing certificate of redemption from a
court sale, $4.50, and the fee for recording same shall be
advanced by the party making the redemption and taxed as
costs.
For taking all bonds on legal process, $2.
For taking special bail, $2.
For returning each process, $5.
Mileage for service or attempted service of all process is
a $10 flat fee.
For attending before a court with a prisoner on an order
for habeas corpus, $3.50 per day.
For executing requisitions from other States, $5.
For conveying each prisoner from the prisoner's county to
the jail of another county, per mile for going only, 25¢.
For committing to or discharging each prisoner from jail,
$1.
For feeding each prisoner, such compensation to cover
actual costs as may be fixed by the county board, but such
compensation shall not be considered a part of the fees of the

HB4336 - 110 - LRB103 35348 RLC 65412 b
office.
For committing each prisoner to jail under the laws of the
United States, to be paid by the marshal or other person
requiring his confinement, $1.
For feeding such prisoners per day, $1, to be paid by the
marshal or other person requiring the prisoner's confinement.
For discharging such prisoners, $1.
For conveying persons to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, the following fees, payable out of the
State Treasury. When one person is conveyed, 15¢ per mile in
going to the penitentiary, reformatories, Illinois State
Training School for Boys, Illinois State Training School for
Girls, Reception Centers and Illinois Security Hospital from
the place of conviction; when 2 persons are conveyed at the
same time, 15¢ per mile for the first and 10¢ per mile for the
second person; when more than 2 persons are conveyed at the
same time as stated above, the sheriff shall be allowed 15¢ per
mile for the first, 10¢ per mile for the second and 5¢ per mile
for each additional person.
The fees provided for herein for transporting persons to
the penitentiary, reformatories, Illinois State Training
School for Boys, Illinois State Training School for Girls,
Reception Centers and Illinois Security Hospital, shall be
paid for each trip so made. Mileage as used in this Section

HB4336 - 111 - LRB103 35348 RLC 65412 b
means the shortest route on a hard surfaced road, (either
State Bond Issue Route or Federal highways) or railroad,
whichever is shorter, between the place from which the person
is to be transported, to the penitentiary, reformatories,
Illinois State Training School for Boys, Illinois State
Training School for Girls, Reception Centers and Illinois
Security Hospital, and all fees per mile shall be computed on
such basis.
In addition to the above fees, there shall be allowed to
the sheriff a fee of $600 for the sale of real estate which
shall be made by virtue of any judgment of a court. In addition
to this fee and all other fees provided by this Section, there
shall be allowed to the sheriff a fee in accordance with the
following schedule for the sale of personal estate which is
made by virtue of any judgment of a court:
For judgments up to $1,000, $90;
For judgments over $1,000 to $15,000, $275;
For judgments over $15,000, $400.
In all cases where the judgment is settled by the parties,
replevied, stopped by injunction or paid, or where the
property levied upon is not actually sold, the sheriff shall
be allowed the fee for levying and mileage, together with half
the fee for all money collected by him or her which he or she
would be entitled to if the same were made by sale in the
enforcement of a judgment. In no case shall the fee exceed the
amount of money arising from the sale.

HB4336 - 112 - LRB103 35348 RLC 65412 b
All fees collected under Sections 4-12001 and 4-12001.1
must be used for public safety purposes only.
(Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
(55 ILCS 5/3-4014 rep.)
(55 ILCS 5/3-6041 rep.)
Section 2-135. The Counties Code is amended by repealing
Sections 3-4014 and 3-6041.
(65 ILCS 5/11-5.1-2 rep.)
Section 2-140. The Illinois Municipal Code is amended by
repealing Section 11-5.1-2.
Section 2-145. The Illinois Municipal Code is amended by
adding Section 1-2-12.2 as follows:
(65 ILCS 5/1-2-12.2 new)
Sec. 1-2-12.2. 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.
Section 2-150. The Campus Security Enhancement Act of 2008
is amended by changing Section 15 as follows:
(110 ILCS 12/15)

HB4336 - 113 - LRB103 35348 RLC 65412 b
Sec. 15. Arrest reports.
(a) When an individual is arrested, the following
information must be made available to the news media for
inspection and copying:
(1) Information that identifies the individual,
including the name, age, address, and photograph, when and
if available.
(2) Information detailing any charges relating to the
arrest.
(3) The time and location of the arrest.
(4) The name of the investigating or arresting law
enforcement agency.
(5) (Blank).
(5.1) If the individual is incarcerated, the amount of
any bail or bond.
(6) If the individual is incarcerated, the time and
date that the individual was received, discharged, or
transferred from the arresting agency's custody.
(b) The information required by this Section must be made
available to the news media for inspection and copying as soon
as practicable, but in no event shall the time period exceed 72
hours from the arrest. The information described in paragraphs
(3), (4), (5), and (6) of subsection (a), however, may be
withheld if it is determined that disclosure would:
(1) interfere with pending or actually and reasonably
contemplated law enforcement proceedings conducted by any

HB4336 - 114 - LRB103 35348 RLC 65412 b
law enforcement or correctional agency;
(2) endanger the life or physical safety of law
enforcement or correctional personnel or any other person;
or
(3) compromise the security of any correctional
facility.
(c) For the purposes of this Section the term "news media"
means personnel of a newspaper or other periodical issued at
regular intervals whether in print or electronic format, a
news service whether in print or electronic format, a radio
station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(d) Each law enforcement or correctional agency may charge
fees for arrest records, but in no instance may the fee exceed
the actual cost of copying and reproduction. The fees may not
include the cost of the labor used to reproduce the arrest
record.
(e) The provisions of this Section do not supersede the
confidentiality provisions for arrest records of the Juvenile
Court Act of 1987.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
Section 2-155. The Illinois Insurance Code is amended by
changing Sections 143.19, 143.19.1, and 205 as follows:

HB4336 - 115 - LRB103 35348 RLC 65412 b
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
Sec. 143.19. Cancellation of automobile insurance policy;
grounds. After a policy of automobile insurance as defined in
Section 143.13(a) has been effective for 60 days, or if such
policy is a renewal policy, the insurer shall not exercise its
option to cancel such policy except for one or more of the
following reasons:
a. Nonpayment of premium;
b. The policy was obtained through a material
misrepresentation;
c. Any insured violated any of the terms and
conditions of the policy;
d. The named insured failed to disclose fully his
motor vehicle crashes and moving traffic violations for
the preceding 36 months if called for in the application;
e. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim;
f. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such policy:
1. has, within the 12 months prior to the notice of
cancellation, had his driver's license under
suspension or revocation;
2. is or becomes subject to epilepsy or heart

HB4336 - 116 - LRB103 35348 RLC 65412 b
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
3. has a crash record, conviction record (criminal
or traffic), physical, or mental condition which is
such that his operation of an automobile might
endanger the public safety;
4. has, within the 36 months prior to the notice of
cancellation, been addicted to the use of narcotics or
other drugs; or
5. has been convicted, or forfeited bail had
pretrial release revoked, during the 36 months
immediately preceding the notice of cancellation, for
any felony, criminal negligence resulting in death,
homicide or assault arising out of the operation of a
motor vehicle, operating a motor vehicle while in an
intoxicated condition or while under the influence of
drugs, being intoxicated while in, or about, an
automobile or while having custody of an automobile,
leaving the scene of a crash without stopping to
report, theft or unlawful taking of a motor vehicle,
making false statements in an application for an
operator's or chauffeur's license or has been
convicted or forfeited bail pretrial release has been
revoked for 3 or more violations within the 12 months
immediately preceding the notice of cancellation, of

HB4336 - 117 - LRB103 35348 RLC 65412 b
any law, ordinance, or regulation limiting the speed
of motor vehicles or any of the provisions of the motor
vehicle laws of any state, violation of which
constitutes a misdemeanor, whether or not the
violations were repetitions of the same offense or
different offenses;
g. The insured automobile is:
1. so mechanically defective that its operation
might endanger public safety;
2. used in carrying passengers for hire or
compensation (the use of an automobile for a car pool
shall not be considered use of an automobile for hire
or compensation);
3. used in the business of transportation of
flammables or explosives;
4. an authorized emergency vehicle;
5. changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. subject to an inspection law and has not been
inspected or, if inspected, has failed to qualify.
Nothing in this Section shall apply to nonrenewal.
(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23;
102-1104, eff. 1-1-23.)
(215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
Sec. 143.19.1. Limits on exercise of right of nonrenewal.

HB4336 - 118 - LRB103 35348 RLC 65412 b
After a policy of automobile insurance, as defined in Section
143.13, has been effective or renewed for 5 or more years, the
company shall not exercise its right of non-renewal unless:
a. The policy was obtained through a material
misrepresentation; or
b. Any insured violated any of the terms and
conditions of the policy; or
c. The named insured failed to disclose fully his
motor vehicle crashes and moving traffic violations for
the preceding 36 months, if such information is called for
in the application; or
d. Any insured made a false or fraudulent claim or
knowingly aided or abetted another in the presentation of
such a claim; or
e. The named insured or any other operator who either
resides in the same household or customarily operates an
automobile insured under such a policy:
1. Has, within the 12 months prior to the notice of
non-renewal had his driver's drivers license under
suspension or revocation; or
2. Is or becomes subject to epilepsy or heart
attacks, and such individual does not produce a
certificate from a physician testifying to his
unqualified ability to operate a motor vehicle safely;
or
3. Has a crash record, conviction record (criminal

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or traffic), or a physical or mental condition which
is such that his operation of an automobile might
endanger the public safety; or
4. Has, within the 36 months prior to the notice of
non-renewal, been addicted to the use of narcotics or
other drugs; or
5. Has been convicted or forfeited bail pretrial
release has been revoked, during the 36 months
immediately preceding the notice of non-renewal, for
any felony, criminal negligence resulting in death,
homicide or assault arising out of the operation of a
motor vehicle, operating a motor vehicle while in an
intoxicated condition or while under the influence of
drugs, being intoxicated while in or about an
automobile or while having custody of an automobile,
leaving the scene of a crash without stopping to
report, theft or unlawful taking of a motor vehicle,
making false statements in an application for an
operators or chauffeurs license, or has been convicted
or forfeited bail pretrial release has been revoked
for 3 or more violations within the 12 months
immediately preceding the notice of non-renewal, of
any law, ordinance or regulation limiting the speed of
motor vehicles or any of the provisions of the motor
vehicle laws of any state, violation of which
constitutes a misdemeanor, whether or not the

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violations were repetitions of the same offense or
different offenses; or
f. The insured automobile is:
1. So mechanically defective that its operation
might endanger public safety; or
2. Used in carrying passengers for hire or
compensation (the use of an automobile for a car pool
shall not be considered use of an automobile for hire
or compensation); or
3. Used in the business of transportation of
flammables or explosives; or
4. An authorized emergency vehicle; or
5. Changed in shape or condition during the policy
period so as to increase the risk substantially; or
6. Subject to an inspection law and it has not been
inspected or, if inspected, has failed to qualify; or
g. The notice of the intention not to renew is mailed
to the insured at least 60 days before the date of
nonrenewal as provided in Section 143.17.
(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
(215 ILCS 5/205) (from Ch. 73, par. 817)
Sec. 205. Priority of distribution of general assets.
(1) The priorities of distribution of general assets from
the company's estate is to be as follows:
(a) The costs and expenses of administration,

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including, but not limited to, the following:
(i) The reasonable expenses of the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, and the Illinois
Health Maintenance Organization Guaranty Association
and of any similar organization in any other state,
including overhead, salaries, and other general
administrative expenses allocable to the receivership
(administrative and claims handling expenses and
expenses in connection with arrangements for ongoing
coverage), but excluding expenses incurred in the
performance of duties under Section 547 or similar
duties under the statute governing a similar
organization in another state. For property and
casualty insurance guaranty associations that guaranty
certain obligations of any member company as defined
by Section 534.5, expenses shall include, but not be
limited to, loss adjustment expenses, which shall
include adjusting and other expenses and defense and
cost containment expenses. The expenses of such
property and casualty guaranty associations, including
the Illinois Insurance Guaranty Fund, shall be
reimbursed as prescribed by Section 545, but shall be
subordinate to all other costs and expenses of
administration, including the expenses reimbursed
pursuant to subparagraph (ii) of this paragraph (a).

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

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to subparagraph (i) of this paragraph (a).
(b) Secured claims, including claims for taxes and
debts due the federal or any state or local government,
that are secured by liens perfected prior to the filing of
the complaint.
(c) Claims for wages actually owing to employees for
services rendered within 3 months prior to the date of the
filing of the complaint, not exceeding $1,000 to each
employee unless there are claims due the federal
government under paragraph (f), then the claims for wages
shall have a priority of distribution immediately
following that of federal claims under paragraph (f) and
immediately preceding claims of general creditors under
paragraph (g).
(d) Claims by policyholders, beneficiaries, and
insureds, under insurance policies, annuity contracts, and
funding agreements, liability claims against insureds
covered under insurance policies and insurance contracts
issued by the company, claims of obligees (and, subject to
the discretion of the receiver, completion contractors)
under surety bonds and surety undertakings (not to include
bail bonds, mortgage or financial guaranty, or other forms
of insurance offering protection against investment risk),
claims by principals under surety bonds and surety
undertakings for wrongful dissipation of collateral by the
insurer or its agents, and claims incurred during any

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extension of coverage provided under subsection (5) of
Section 193, and claims of the Illinois Insurance Guaranty
Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and any similar organization in
another state as prescribed in Section 545. For purposes
of this Section, "funding agreement" means an agreement
whereby an insurer authorized to write business under
Class 1 of Section 4 of this Code may accept and accumulate
funds and make one or more payments at future dates in
amounts that are not based upon mortality or morbidity
contingencies.
(e) Claims by policyholders, beneficiaries, and
insureds, the allowed values of which were determined by
estimation under paragraph (b) of subsection (4) of
Section 209.
(f) Any other claims due the federal government.
(g) All other claims of general creditors not falling
within any other priority under this Section including
claims for taxes and debts due any state or local
government which are not secured claims and claims for
attorneys' fees incurred by the company in contesting its
conservation, rehabilitation, or liquidation.
(h) Claims of guaranty fund certificate holders,
guaranty capital shareholders, capital note holders, and
surplus note holders.

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(i) Proprietary claims of shareholders, members, or
other owners.
Every claim under a written agreement, statute, or rule
providing that the assets in a separate account are not
chargeable with the liabilities arising out of any other
business of the insurer shall be satisfied out of the funded
assets in the separate account equal to, but not to exceed, the
reserves maintained in the separate account under the separate
account agreement, and to the extent, if any, the claim is not
fully discharged thereby, the remainder of the claim shall be
treated as a priority level (d) claim under paragraph (d) of
this subsection to the extent that reserves have been
established in the insurer's general account pursuant to
statute, rule, or the separate account agreement.
For purposes of this provision, "separate account
policies, contracts, or agreements" means any policies,
contracts, or agreements that provide for separate accounts as
contemplated by Section 245.21.
To the extent that any assets of an insurer, other than
those assets properly allocated to and maintained in a
separate account, have been used to fund or pay any expenses,
taxes, or policyholder benefits that are attributable to a
separate account policy, contract, or agreement that should
have been paid by a separate account prior to the commencement
of receivership proceedings, then upon the commencement of
receivership proceedings, the separate accounts that benefited

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from this payment or funding shall first be used to repay or
reimburse the company's general assets or account for any
unreimbursed net sums due at the commencement of receivership
proceedings prior to the application of the separate account
assets to the satisfaction of liabilities or the corresponding
separate account policies, contracts, and agreements.
To the extent, if any, reserves or assets maintained in
the separate account are in excess of the amounts needed to
satisfy claims under the separate account contracts, the
excess shall be treated as part of the general assets of the
insurer's estate.
(2) Within 120 days after the issuance of an Order of
Liquidation with a finding of insolvency against a domestic
company, the Director shall make application to the court
requesting authority to disburse funds to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states from time to time out of the
company's marshaled assets as funds become available in
amounts equal to disbursements made by the Illinois Insurance
Guaranty Fund, the Illinois Life and Health Insurance Guaranty
Association, the Illinois Health Maintenance Organization
Guaranty Association, and similar organizations in other
states for covered claims obligations on the presentation of
evidence that such disbursements have been made by the

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Illinois Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states.
The Director shall establish procedures for the ratable
allocation and distribution of disbursements to the Illinois
Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and similar
organizations in other states. In determining the amounts
available for disbursement, the Director shall reserve
sufficient assets for the payment of the expenses of
administration described in paragraph (1)(a) of this Section.
All funds available for disbursement after the establishment
of the prescribed reserve shall be promptly distributed. As a
condition to receipt of funds in reimbursement of covered
claims obligations, the Director shall secure from the
Illinois Insurance Guaranty Fund, the Illinois Life and Health
Insurance Guaranty Association, the Illinois Health
Maintenance Organization Guaranty Association, and each
similar organization in other states, an agreement to return
to the Director on demand funds previously received as may be
required to pay claims of secured creditors and claims falling
within the priorities established in paragraphs (a), (b), (c),
and (d) of subsection (1) of this Section in accordance with
such priorities.

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(3) The changes made in this Section by this amendatory
Act of the 100th General Assembly apply to all liquidation,
rehabilitation, or conservation proceedings that are pending
on the effective date of this amendatory Act of the 100th
General Assembly and to all future liquidation,
rehabilitation, or conservation proceedings.
(4) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 100-410, eff. 8-25-17; 101-652, eff. 1-1-23.)
Section 2-160. The Illinois Gambling Act is amended by
changing Section 5.1 as follows:
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
Sec. 5.1. Disclosure of records.
(a) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, provide information furnished by an applicant or
licensee concerning the applicant or licensee, his products,
services or gambling enterprises and his business holdings, as
follows:
(1) The name, business address and business telephone
number of any applicant or licensee.
(2) An identification of any applicant or licensee
including, if an applicant or licensee is not an
individual, the names and addresses of all stockholders

HB4336 - 129 - LRB103 35348 RLC 65412 b
and directors, if the entity is a corporation; the names
and addresses of all members, if the entity is a limited
liability company; the names and addresses of all
partners, both general and limited, if the entity is a
partnership; and the names and addresses of all
beneficiaries, if the entity is a trust. If an applicant
or licensee has a pending registration statement filed
with the Securities and Exchange Commission, only the
names of those persons or entities holding interest of 5%
or more must be provided.
(3) An identification of any business, including, if
applicable, the state of incorporation or registration, in
which an applicant or licensee or an applicant's or
licensee's spouse or children has an equity interest of
more than 1%. If an applicant or licensee is a
corporation, partnership or other business entity, the
applicant or licensee shall identify any other
corporation, partnership or business entity in which it
has an equity interest of 1% or more, including, if
applicable, the state of incorporation or registration.
This information need not be provided by a corporation,
partnership or other business entity that has a pending
registration statement filed with the Securities and
Exchange Commission.
(4) Whether an applicant or licensee has been
indicted, convicted, pleaded guilty or nolo contendere, or

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forfeited bail pretrial release has been revoked
concerning any criminal offense under the laws of any
jurisdiction, either felony or misdemeanor (except for
traffic violations), including the date, the name and
location of the court, arresting agency and prosecuting
agency, the case number, the offense, the disposition and
the location and length of incarceration.
(5) Whether an applicant or licensee has had any
license or certificate issued by a licensing authority in
Illinois or any other jurisdiction denied, restricted,
suspended, revoked or not renewed and a statement
describing the facts and circumstances concerning the
denial, restriction, suspension, revocation or
non-renewal, including the licensing authority, the date
each such action was taken, and the reason for each such
action.
(6) Whether an applicant or licensee has ever filed or
had filed against it a proceeding in bankruptcy or has
ever been involved in any formal process to adjust, defer,
suspend or otherwise work out the payment of any debt
including the date of filing, the name and location of the
court, the case and number of the disposition.
(7) Whether an applicant or licensee has filed, or
been served with a complaint or other notice filed with
any public body, regarding the delinquency in the payment
of, or a dispute over the filings concerning the payment

HB4336 - 131 - LRB103 35348 RLC 65412 b
of, any tax required under federal, State or local law,
including the amount, type of tax, the taxing agency and
time periods involved.
(8) A statement listing the names and titles of all
public officials or officers of any unit of government,
and relatives of said public officials or officers who,
directly or indirectly, own any financial interest in,
have any beneficial interest in, are the creditors of or
hold any debt instrument issued by, or hold or have any
interest in any contractual or service relationship with,
an applicant or licensee.
(9) Whether an applicant or licensee has made,
directly or indirectly, any political contribution, or any
loans, donations or other payments, to any candidate or
office holder, within 5 years from the date of filing the
application, including the amount and the method of
payment.
(10) The name and business telephone number of the
counsel representing an applicant or licensee in matters
before the Board.
(11) A description of any proposed or approved
gambling operation, including the type of boat, home dock,
or casino or gaming location, expected economic benefit to
the community, anticipated or actual number of employees,
any statement from an applicant or licensee regarding
compliance with federal and State affirmative action

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guidelines, projected or actual admissions and projected
or actual adjusted gross gaming receipts.
(12) A description of the product or service to be
supplied by an applicant for a supplier's license.
(b) Notwithstanding any applicable statutory provision to
the contrary, the Board shall, on written request from any
person, also provide the following information:
(1) The amount of the wagering tax and admission tax
paid daily to the State of Illinois by the holder of an
owner's license.
(2) Whenever the Board finds an applicant for an
owner's license unsuitable for licensing, a copy of the
written letter outlining the reasons for the denial.
(3) Whenever the Board has refused to grant leave for
an applicant to withdraw his application, a copy of the
letter outlining the reasons for the refusal.
(c) Subject to the above provisions, the Board shall not
disclose any information which would be barred by:
(1) Section 7 of the Freedom of Information Act; or
(2) The statutes, rules, regulations or
intergovernmental agreements of any jurisdiction.
(d) The Board may assess fees for the copying of
information in accordance with Section 6 of the Freedom of
Information Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23.)

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Section 2-165. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7.5 as follows:
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the

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sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(a-5) Notwithstanding any other provision of law,
including, but not limited to, subsection (a), a sexual
assault survivor who is not the subscriber or primary
policyholder of the sexual assault survivor's insurance policy
may opt out of billing the sexual assault survivor's private
insurance provider. If the sexual assault survivor opts out of
billing the sexual assault survivor's private insurance
provider, then the bill for medical forensic services shall be
sent to the Department of Healthcare and Family Services'
Sexual Assault Emergency Treatment Program for reimbursement
for the services provided to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor

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should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance

HB4336 - 136 - LRB103 35348 RLC 65412 b
provider, approved pediatric health care facility, a
health care professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care

HB4336 - 137 - LRB103 35348 RLC 65412 b
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the
Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any

HB4336 - 138 - LRB103 35348 RLC 65412 b
credit reporting agency.
The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional or approved pediatric health
care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Crime
Victim Services Division of the Office of the Attorney General
for approval. The health care professional or approved

HB4336 - 139 - LRB103 35348 RLC 65412 b
pediatric health care facility shall implement the revised or
modified billing protocol upon approval by the Crime Victim
Services Division of the Office of the Illinois Attorney
General.
(e) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.
1-1-23.)
Section 2-170. The Illinois Vehicle Code is amended by
changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as
follows:
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When court to forward license and reports.
(a) For the purpose of providing to the Secretary of State
the records essential to the performance of the Secretary's
duties under this Code to cancel, revoke or suspend the
driver's license and privilege to drive motor vehicles of
certain minors and of persons found guilty of the criminal
offenses or traffic violations which this Code recognizes as
evidence relating to unfitness to safely operate motor
vehicles, the following duties are imposed upon public
officials:
(1) Whenever any person is convicted of any offense

HB4336 - 140 - LRB103 35348 RLC 65412 b
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court in
which such conviction is had shall require the surrender
to the clerk of the court of all driver's licenses or
permits then held by the person so convicted, and the
clerk of the court shall, within 5 days thereafter,
forward the same, together with a report of such
conviction, to the Secretary.
(2) Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control), 11-1407
(improper opening of door into traffic), 11-1410 (coasting
on downgrade), 11-1411 (following fire apparatus),
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
vehicle which is in unsafe condition or improperly
equipped), 12-201(a) (daytime lights on motorcycles),
12-202 (clearance, identification and side marker lamps),
12-204 (lamp or flag on projecting load), 12-205 (failure
to display the safety lights required), 12-401
(restrictions as to tire equipment), 12-502 (mirrors),
12-503 (windshields must be unobstructed and equipped with
wipers), 12-601 (horns and warning devices), 12-602

HB4336 - 141 - LRB103 35348 RLC 65412 b
(mufflers, prevention of noise or smoke), 12-603 (seat
safety belts), 12-702 (certain vehicles to carry flares or
other warning devices), 12-703 (vehicles for oiling roads
operated on highways), 12-710 (splash guards and
replacements), 13-101 (safety tests), 15-101 (size, weight
and load), 15-102 (width), 15-103 (height), 15-104 (name
and address on second division vehicles), 15-107 (length
of vehicle), 15-109.1 (cover or tarpaulin), 15-111
(weights), 15-112 (weights), 15-301 (weights), 15-316
(weights), 15-318 (weights), and also excepting the
following enumerated Sections of the Chicago Municipal
Code: Sections 27-245 (following fire apparatus), 27-254
(obstruction of traffic), 27-258 (driving vehicle which is
in unsafe condition), 27-259 (coasting on downgrade),
27-264 (use of horns and signal devices), 27-265
(obstruction to driver's view or driver mechanism), 27-267
(dimming of headlights), 27-268 (unattended motor
vehicle), 27-272 (illegal funeral procession), 27-273
(funeral procession on boulevard), 27-275 (driving freight
hauling vehicles on boulevard), 27-276 (stopping and
standing of buses or taxicabs), 27-277 (cruising of public
passenger vehicles), 27-305 (parallel parking), 27-306
(diagonal parking), 27-307 (parking not to obstruct
traffic), 27-308 (stopping, standing or parking
regulated), 27-311 (parking regulations), 27-312 (parking
regulations), 27-313 (parking regulations), 27-314

HB4336 - 142 - LRB103 35348 RLC 65412 b
(parking regulations), 27-315 (parking regulations),
27-316 (parking regulations), 27-317 (parking
regulations), 27-318 (parking regulations), 27-319
(parking regulations), 27-320 (parking regulations),
27-321 (parking regulations), 27-322 (parking
regulations), 27-324 (loading and unloading at an angle),
27-333 (wheel and axle loads), 27-334 (load restrictions
in the downtown district), 27-335 (load restrictions in
residential areas), 27-338 (width of vehicles), 27-339
(height of vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 5 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's license
or permit of the person so convicted.
The reporting requirements of this subsection shall
apply to all violations stated in paragraphs (1) and (2)
of this subsection when the individual has been

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adjudicated under the Juvenile Court Act or the Juvenile
Court Act of 1987. Such reporting requirements shall also
apply to individuals adjudicated under the Juvenile Court
Act or the Juvenile Court Act of 1987 who have committed a
violation of Section 11-501 of this Code, or similar
provision of a local ordinance, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or Section
5-7 of the Snowmobile Registration and Safety Act or
Section 5-16 of the Boat Registration and Safety Act,
relating to the offense of operating a snowmobile or a
watercraft while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or
combination thereof. These reporting requirements also
apply to individuals adjudicated under the Juvenile Court
Act of 1987 based on any offense determined to have been
committed in furtherance of the criminal activities of an
organized gang, as provided in Section 5-710 of that Act,
if those activities involved the operation or use of a
motor vehicle. It shall be the duty of the clerk of the
court in which adjudication is had within 5 days
thereafter to forward to the Secretary of State a report
of the adjudication and the court order requiring the
Secretary of State to suspend the minor's driver's license
and driving privilege for such time as determined by the
court, but only until he or she attains the age of 18

HB4336 - 144 - LRB103 35348 RLC 65412 b
years. All juvenile court dispositions reported to the
Secretary of State under this provision shall be processed
by the Secretary of State as if the cases had been
adjudicated in traffic or criminal court. However,
information reported relative to the offense of reckless
homicide, or Section 11-501 of this Code, or a similar
provision of a local ordinance, shall be privileged and
available only to the Secretary of State, courts, and
police officers.
The reporting requirements of this subsection (a)
apply to all violations listed in paragraphs (1) and (2)
of this subsection (a), excluding parking violations, when
the driver holds a CLP or CDL, regardless of the type of
vehicle in which the violation occurred, or when any
driver committed the violation in a commercial motor
vehicle as defined in Section 6-500 of this Code.
(3) Whenever an order is entered vacating the
forfeiture of any bail, security or bond given to secure
appearance for any offense under this Code or similar
offenses under municipal ordinance, it shall be the duty
of the clerk of the court in which such vacation was had or
the judge of such court if such court has no clerk, within
5 days thereafter to forward to the Secretary of State a
report of the vacation. Whenever an order is entered
revoking pretrial release given to secure appearance for
any offense under this Code or similar offenses under

HB4336 - 145 - LRB103 35348 RLC 65412 b
municipal ordinance, it shall be the duty of the clerk of
the court in which such revocation was had or the judge of
such court if such court has no clerk, within 5 days
thereafter to forward to the Secretary of State a report
of the revocation.
(4) A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503, 11-504,
and 11-506 of this Code, Section 5-7 of the Snowmobile
Registration and Safety Act, and Section 5-16 of the Boat
Registration and Safety Act shall be forwarded to the
Secretary of State. A report of any disposition of court
supervision for a violation of an offense defined as a
serious traffic violation in this Code or a similar
provision of a local ordinance committed by a person under
the age of 21 years shall be forwarded to the Secretary of
State.
(5) Reports of conviction under this Code and
sentencing hearings under the Juvenile Court Act of 1987
in an electronic format or a computer processible medium
shall be forwarded to the Secretary of State via the
Supreme Court in the form and format required by the
Illinois Supreme Court and established by a written
agreement between the Supreme Court and the Secretary of
State. In counties with a population over 300,000, instead
of forwarding reports to the Supreme Court, reports of

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conviction under this Code and sentencing hearings under
the Juvenile Court Act of 1987 in an electronic format or a
computer processible medium may be forwarded to the
Secretary of State by the Circuit Court Clerk in a form and
format required by the Secretary of State and established
by written agreement between the Circuit Court Clerk and
the Secretary of State. Failure to forward the reports of
conviction or sentencing hearing under the Juvenile Court
Act of 1987 as required by this Section shall be deemed an
omission of duty and it shall be the duty of the several
State's Attorneys to enforce the requirements of this
Section.
(b) Whenever a restricted driving permit is forwarded to a
court, as a result of confiscation by a police officer
pursuant to the authority in Section 6-113(f), it shall be the
duty of the clerk, or judge, if the court has no clerk, to
forward such restricted driving permit and a facsimile of the
officer's citation to the Secretary of State as expeditiously
as practicable.
(c) For the purposes of this Code, a forfeiture of bail or
collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated, or the failure of a
defendant to appear for trial after depositing his driver's
license in lieu of other bail, shall be equivalent to a
conviction. For the purposes of this Code, a revocation of
pretrial release that has not been vacated, or the failure of a

HB4336 - 147 - LRB103 35348 RLC 65412 b
defendant to appear for trial after depositing his driver's
license, shall be equivalent to a conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition of
repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by the
Secretary, records of a driver's participation in a driver
remedial or rehabilitative program which was required, through
a court order or court supervision, in relation to the
driver's arrest for a violation of Section 11-501 of this Code
or a similar provision of a local ordinance. The clerk of the
court shall also forward to the Secretary, either on paper or
in an electronic format or a computer processible medium as
required under paragraph (5) of subsection (a) of this
Section, any disposition of court supervision for any traffic
violation, excluding those offenses listed in paragraph (2) of
subsection (a) of this Section. These reports shall be sent
within 5 days after disposition, or, if the driver is referred
to a driver remedial or rehabilitative program, within 5 days
of the driver's referral to that program. These reports
received by the Secretary of State, including those required
to be forwarded under paragraph (a)(4), shall be privileged
information, available only (i) to the affected driver, (ii)
to the parent or guardian of a person under the age of 18 years
holding an instruction permit or a graduated driver's license,

HB4336 - 148 - LRB103 35348 RLC 65412 b
and (iii) for use by the courts, police officers, prosecuting
authorities, the Secretary of State, and the driver licensing
administrator of any other state. In accordance with 49 C.F.R.
Part 384, all reports of court supervision, except violations
related to parking, shall be forwarded to the Secretary of
State for all holders of a CLP or CDL or any driver who commits
an offense while driving a commercial motor vehicle. These
reports shall be recorded to the driver's record as a
conviction for use in the disqualification of the driver's
commercial motor vehicle privileges and shall not be
privileged information.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(625 ILCS 5/6-308)
Sec. 6-308. Procedures for traffic violations.
(a) Any person cited for violating this 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 this
Code, shall not be required to sign the citation or post bond
to secure bail for his or her release. All other provisions of
this Code or similar provisions of local ordinances shall be
governed by the bail pretrial release provisions of the

HB4336 - 149 - LRB103 35348 RLC 65412 b
Illinois Supreme Court Rules when it is not practical or
feasible to take the person before a judge to have bail
conditions of pretrial release set or to avoid undue delay
because of the hour or circumstances.
(b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address. If the person does not appear in
court on or before the continued court date or satisfy the
court that the person's appearance in and surrender to the
court is impossible for no fault of the person, the court shall
enter an order of failure to appear. The clerk of the court
shall notify the Secretary of State, on a report prescribed by
the Secretary, of the court's order. The Secretary, when
notified by the clerk of the court that an order of failure to
appear has been entered, shall immediately suspend the
person's driver's license, which shall be designated by the
Secretary as a Failure to Appear suspension. The Secretary
shall not remove the suspension, nor issue any permit or
privileges to the person whose license has been suspended,
until notified by the ordering court that the person has
appeared and resolved the violation. Upon compliance, the
clerk of the court shall present the person with a notice of
compliance containing the seal of the court, and shall notify
the Secretary that the person has appeared and resolved the
violation.

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(c) Illinois Supreme Court Rules shall govern bail
pretrial release and appearance procedures when a person who
is a resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
Sec. 6-500. Definitions of words and phrases.
Notwithstanding the definitions set forth elsewhere in this
Code, for purposes of the Uniform Commercial Driver's License
Act (UCDLA), the words and phrases listed below have the
meanings ascribed to them as follows:
(1) Alcohol. "Alcohol" means any substance containing any
form of alcohol, including but not limited to ethanol,
methanol, propanol, and isopropanol.
(2) Alcohol concentration. "Alcohol concentration" means:
(A) the number of grams of alcohol per 210 liters of
breath; or
(B) the number of grams of alcohol per 100 milliliters
of blood; or
(C) the number of grams of alcohol per 67 milliliters
of urine.
Alcohol tests administered within 2 hours of the driver
being "stopped or detained" shall be considered that driver's
"alcohol concentration" for the purposes of enforcing this

HB4336 - 151 - LRB103 35348 RLC 65412 b
UCDLA.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(5.3) CDLIS driver record. "CDLIS driver record" means the
electronic record of the individual CDL driver's status and
history stored by the State-of-Record as part of the
Commercial Driver's License Information System, or CDLIS,
established under 49 U.S.C. 31309.
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
record" or "CDLIS MVR" means a report generated from the CDLIS
driver record meeting the requirements for access to CDLIS
information and provided by states to users authorized in 49
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(5.7) Commercial driver's license downgrade. "Commercial
driver's license downgrade" or "CDL downgrade" means either:
(A) a state allows the driver to change his or her
self-certification to interstate, but operating
exclusively in transportation or operation excepted from
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
391.2, 391.68, or 398.3;
(B) a state allows the driver to change his or her
self-certification to intrastate only, if the driver
qualifies under that state's physical qualification
requirements for intrastate only;

HB4336 - 152 - LRB103 35348 RLC 65412 b
(C) a state allows the driver to change his or her
certification to intrastate, but operating exclusively in
transportation or operations excepted from all or part of
the state driver qualification requirements; or
(D) a state removes the CDL privilege from the driver
license.
(6) Commercial Motor Vehicle.
(A) "Commercial motor vehicle" or "CMV" means a motor
vehicle or combination of motor vehicles used in commerce,
except those referred to in subdivision (B), designed to
transport passengers or property if the motor vehicle:
(i) has a gross combination weight rating or gross
combination weight of 11,794 kilograms or more (26,001
pounds or more), whichever is greater, inclusive of
any towed unit with a gross vehicle weight rating or
gross vehicle weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater; or
(i-5) has a gross vehicle weight rating or gross
vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(ii) is designed to transport 16 or more persons,
including the driver; or
(iii) is of any size and is used in transporting
hazardous materials as defined in 49 C.F.R. 383.5.
(B) Pursuant to the interpretation of the Commercial
Motor Vehicle Safety Act of 1986 by the Federal Highway

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Administration, the definition of "commercial motor
vehicle" does not include:
(i) recreational vehicles, when operated primarily
for personal use;
(ii) vehicles owned by or operated under the
direction of the United States Department of Defense
or the United States Coast Guard only when operated by
non-civilian personnel. This includes any operator on
active military duty; members of the Reserves;
National Guard; personnel on part-time training; and
National Guard military technicians (civilians who are
required to wear military uniforms and are subject to
the Code of Military Justice); or
(iii) firefighting, police, and other emergency
equipment (including, without limitation, equipment
owned or operated by a HazMat or technical rescue team
authorized by a county board under Section 5-1127 of
the Counties Code), with audible and visual signals,
owned or operated by or for a governmental entity,
which is necessary to the preservation of life or
property or the execution of emergency governmental
functions which are normally not subject to general
traffic rules and regulations.
(7) Controlled Substance. "Controlled substance" shall
have the same meaning as defined in Section 102 of the Illinois
Controlled Substances Act, and shall also include cannabis as

HB4336 - 154 - LRB103 35348 RLC 65412 b
defined in Section 3 of the Cannabis Control Act and
methamphetamine as defined in Section 10 of the
Methamphetamine Control and Community Protection Act.
(8) Conviction. "Conviction" means an unvacated
adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of
original jurisdiction or by an authorized administrative
tribunal; an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court; a plea
of guilty or nolo contendere accepted by the court; the
payment of a fine or court cost regardless of whether the
imposition of sentence is deferred and ultimately a judgment
dismissing the underlying charge is entered; or a violation of
a condition of release without bail, regardless of whether or
not the penalty is rebated, suspended or probated.
"Conviction" means an unvacated adjudication of guilt or a
determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or by an
authorized administrative tribunal; an unvacated revocation of
pretrial release; a plea of guilty or nolo contendere accepted
by the court; or the payment of a fine or court cost regardless
of whether the imposition of sentence is deferred and
ultimately a judgment dismissing the underlying charge is
entered.
(8.5) Day. "Day" means calendar day.
(9) (Blank).

HB4336 - 155 - LRB103 35348 RLC 65412 b
(10) (Blank).
(11) (Blank).
(12) (Blank).
(13) Driver. "Driver" means any person who drives,
operates, or is in physical control of a commercial motor
vehicle, any person who is required to hold a CDL, or any
person who is a holder of a CDL while operating a
non-commercial motor vehicle.
(13.5) Driver applicant. "Driver applicant" means an
individual who applies to a state or other jurisdiction to
obtain, transfer, upgrade, or renew a CDL or to obtain or renew
a CLP.
(13.6) Drug and alcohol clearinghouse. "Drug and alcohol
clearinghouse" means a database system established by the
Federal Motor Carrier Safety Administration that permits the
access and retrieval of a drug and alcohol testing violation
or violations precluding an applicant or employee from
occupying safety-sensitive positions involving the operation
of a commercial motor vehicle.
(13.8) Electronic device. "Electronic device" includes,
but is not limited to, a cellular telephone, personal digital
assistant, pager, computer, or any other device used to input,
write, send, receive, or read text.
(14) Employee. "Employee" means a person who is employed
as a commercial motor vehicle driver. A person who is
self-employed as a commercial motor vehicle driver must comply

HB4336 - 156 - LRB103 35348 RLC 65412 b
with the requirements of this UCDLA pertaining to employees.
An owner-operator on a long-term lease shall be considered an
employee.
(15) Employer. "Employer" means a person (including the
United States, a State or a local authority) who owns or leases
a commercial motor vehicle or assigns employees to operate
such a vehicle. A person who is self-employed as a commercial
motor vehicle driver must comply with the requirements of this
UCDLA.
(15.1) Endorsement. "Endorsement" means an authorization
to an individual's CLP or CDL required to permit the
individual to operate certain types of commercial motor
vehicles.
(15.2) Entry-level driver training. "Entry-level driver
training" means the training an entry-level driver receives
from an entity listed on the Federal Motor Carrier Safety
Administration's Training Provider Registry prior to: (i)
taking the CDL skills test required to receive the Class A or
Class B CDL for the first time; (ii) taking the CDL skills test
required to upgrade to a Class A or Class B CDL; or (iii)
taking the CDL skills test required to obtain a passenger or
school bus endorsement for the first time or the CDL knowledge
test required to obtain a hazardous materials endorsement for
the first time.
(15.3) Excepted interstate. "Excepted interstate" means a
person who operates or expects to operate in interstate

HB4336 - 157 - LRB103 35348 RLC 65412 b
commerce, but engages exclusively in transportation or
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
or 398.3 from all or part of the qualification requirements of
49 C.F.R. Part 391 and is not required to obtain a medical
examiner's certificate by 49 C.F.R. 391.45.
(15.5) Excepted intrastate. "Excepted intrastate" means a
person who operates in intrastate commerce but engages
exclusively in transportation or operations excepted from all
or parts of the state driver qualification requirements.
(16) (Blank).
(16.5) Fatality. "Fatality" means the death of a person as
a result of a motor vehicle crash.
(16.7) Foreign commercial driver. "Foreign commercial
driver" means a person licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial motor
vehicle in the United States.
(17) Foreign jurisdiction. "Foreign jurisdiction" means a
sovereign jurisdiction that does not fall within the
definition of "State".
(18) (Blank).
(19) (Blank).
(20) Hazardous materials. "Hazardous material" means any
material that has been designated under 49 U.S.C. 5103 and is
required to be placarded under subpart F of 49 C.F.R. part 172
or any quantity of a material listed as a select agent or toxin

HB4336 - 158 - LRB103 35348 RLC 65412 b
in 42 C.F.R. part 73.
(20.5) Imminent Hazard. "Imminent hazard" means the
existence of any condition of a vehicle, employee, or
commercial motor vehicle operations that substantially
increases the likelihood of serious injury or death if not
discontinued immediately; or a condition relating to hazardous
material that presents a substantial likelihood that death,
serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur
before the reasonably foreseeable completion date of a formal
proceeding begun to lessen the risk of that death, illness,
injury or endangerment.
(20.6) Issuance. "Issuance" means initial issuance,
transfer, renewal, or upgrade of a CLP or CDL and
non-domiciled CLP or CDL.
(20.7) Issue. "Issue" means initial issuance, transfer,
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
non-domiciled CDL.
(21) Long-term lease. "Long-term lease" means a lease of a
commercial motor vehicle by the owner-lessor to a lessee, for
a period of more than 29 days.
(21.01) Manual transmission. "Manual transmission" means a
transmission utilizing a driver-operated clutch that is
activated by a pedal or lever and a gear-shift mechanism
operated either by hand or foot including those known as a
stick shift, stick, straight drive, or standard transmission.

HB4336 - 159 - LRB103 35348 RLC 65412 b
All other transmissions, whether semi-automatic or automatic,
shall be considered automatic for the purposes of the
standardized restriction code.
(21.1) Medical examiner. "Medical examiner" means an
individual certified by the Federal Motor Carrier Safety
Administration and listed on the National Registry of
Certified Medical Examiners in accordance with Federal Motor
Carrier Safety Regulations, 49 CFR 390.101 et seq.
(21.2) Medical examiner's certificate. "Medical examiner's
certificate" means either (1) prior to June 22, 2021, a
document prescribed or approved by the Secretary of State that
is issued by a medical examiner to a driver to medically
qualify him or her to drive; or (2) beginning June 22, 2021, an
electronic submission of results of an examination conducted
by a medical examiner listed on the National Registry of
Certified Medical Examiners to the Federal Motor Carrier
Safety Administration of a driver to medically qualify him or
her to drive.
(21.5) Medical variance. "Medical variance" means a driver
has received one of the following from the Federal Motor
Carrier Safety Administration which allows the driver to be
issued a medical certificate: (1) an exemption letter
permitting operation of a commercial motor vehicle pursuant to
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
skill performance evaluation (SPE) certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.

HB4336 - 160 - LRB103 35348 RLC 65412 b
391.49.
(21.7) Mobile telephone. "Mobile telephone" means a mobile
communication device that falls under or uses any commercial
mobile radio service, as defined in regulations of the Federal
Communications Commission, 47 CFR 20.3. It does not include
two-way or citizens band radio services.
(22) Motor Vehicle. "Motor vehicle" means every vehicle
which is self-propelled, and every vehicle which is propelled
by electric power obtained from over head trolley wires but
not operated upon rails, except vehicles moved solely by human
power and motorized wheel chairs.
(22.2) Motor vehicle record. "Motor vehicle record" means
a report of the driving status and history of a driver
generated from the driver record provided to users, such as
drivers or employers, and is subject to the provisions of the
Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or
combination of motor vehicles not defined by the term
"commercial motor vehicle" or "CMV" in this Section.
(22.7) Non-excepted interstate. "Non-excepted interstate"
means a person who operates or expects to operate in
interstate commerce, is subject to and meets the qualification
requirements under 49 C.F.R. Part 391, and is required to
obtain a medical examiner's certificate by 49 C.F.R. 391.45.
(22.8) Non-excepted intrastate. "Non-excepted intrastate"
means a person who operates only in intrastate commerce and is

HB4336 - 161 - LRB103 35348 RLC 65412 b
subject to State driver qualification requirements.
(23) Non-domiciled CLP or Non-domiciled CDL.
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
respectively, issued by a state or other jurisdiction under
either of the following two conditions:
(i) to an individual domiciled in a foreign country
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(ii) to an individual domiciled in another state
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
of the Federal Motor Carrier Safety Administration.
(24) (Blank).
(25) (Blank).
(25.5) Railroad-Highway Grade Crossing Violation.
"Railroad-highway grade crossing violation" means a violation,
while operating a commercial motor vehicle, of any of the
following:
(A) Section 11-1201, 11-1202, or 11-1425 of this Code.
(B) Any other similar law or local ordinance of any
state relating to railroad-highway grade crossing.
(25.7) School Bus. "School bus" means a commercial motor
vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to
and from school-sponsored events. "School bus" does not
include a bus used as a common carrier.
(26) Serious Traffic Violation. "Serious traffic

HB4336 - 162 - LRB103 35348 RLC 65412 b
violation" means:
(A) a conviction when operating a commercial motor
vehicle, or when operating a non-CMV while holding a CLP
or CDL, of:
(i) a violation relating to excessive speeding,
involving a single speeding charge of 15 miles per
hour or more above the legal speed limit; or
(ii) a violation relating to reckless driving; or
(iii) a violation of any State law or local
ordinance relating to motor vehicle traffic control
(other than parking violations) arising in connection
with a fatal traffic crash; or
(iv) a violation of Section 6-501, relating to
having multiple driver's licenses; or
(v) a violation of paragraph (a) of Section 6-507,
relating to the requirement to have a valid CLP or CDL;
or
(vi) a violation relating to improper or erratic
traffic lane changes; or
(vii) a violation relating to following another
vehicle too closely; or
(viii) a violation relating to texting while
driving; or
(ix) a violation relating to the use of a
hand-held mobile telephone while driving; or
(B) any other similar violation of a law or local

HB4336 - 163 - LRB103 35348 RLC 65412 b
ordinance of any state relating to motor vehicle traffic
control, other than a parking violation, which the
Secretary of State determines by administrative rule to be
serious.
(27) State. "State" means a state of the United States,
the District of Columbia and any province or territory of
Canada.
(28) (Blank).
(29) (Blank).
(30) (Blank).
(31) (Blank).
(32) Texting. "Texting" means manually entering
alphanumeric text into, or reading text from, an electronic
device.
(1) Texting includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access a World Wide Web page, pressing more
than a single button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any
other form of electronic text retrieval or entry for
present or future communication.
(2) Texting does not include:
(i) inputting, selecting, or reading information
on a global positioning system or navigation system;
or
(ii) pressing a single button to initiate or

HB4336 - 164 - LRB103 35348 RLC 65412 b
terminate a voice communication using a mobile
telephone; or
(iii) using a device capable of performing
multiple functions (for example, a fleet management
system, dispatching device, smart phone, citizens band
radio, or music player) for a purpose that is not
otherwise prohibited by Part 392 of the Federal Motor
Carrier Safety Regulations.
(32.3) Third party skills test examiner. "Third party
skills test examiner" means a person employed by a third party
tester who is authorized by the State to administer the CDL
skills tests specified in 49 C.F.R. Part 383, subparts G and H.
(32.5) Third party tester. "Third party tester" means a
person (including, but not limited to, another state, a motor
carrier, a private driver training facility or other private
institution, or a department, agency, or instrumentality of a
local government) authorized by the State to employ skills
test examiners to administer the CDL skills tests specified in
49 C.F.R. Part 383, subparts G and H.
(32.7) United States. "United States" means the 50 states
and the District of Columbia.
(33) Use a hand-held mobile telephone. "Use a hand-held
mobile telephone" means:
(1) using at least one hand to hold a mobile telephone
to conduct a voice communication;
(2) dialing or answering a mobile telephone by

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pressing more than a single button; or
(3) reaching for a mobile telephone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a seat
belt that is installed in accordance with 49 CFR 393.93
and adjusted in accordance with the vehicle manufacturer's
instructions.
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23;
103-179, eff. 6-30-23.)
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
Sec. 6-601. Penalties.
(a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by
this Code or other law of this State declared to be a
misdemeanor or a felony.
(b) General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty offense for the violation of any provision of this
Chapter shall be punished by a fine of not more than $500.
(c) Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
1. A Class A misdemeanor if the person failed to
obtain a driver's license or permit after expiration of a
period of revocation.
2. A Class B misdemeanor if the person has been issued

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a driver's license or permit, which has expired, and if
the period of expiration is greater than one year; or if
the person has never been issued a driver's license or
permit, or is not qualified to obtain a driver's license
or permit because of his age.
3. A petty offense if the person has been issued a
temporary visitor's driver's license or permit and is
unable to provide proof of liability insurance as provided
in subsection (d-5) of Section 6-105.1.
If a licensee under this Code is convicted of violating
Section 6-303 for operating a motor vehicle during a time when
such licensee's driver's license was suspended under the
provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge
which was the basis of the suspension under Section 6-306.3 or
6-308), and there shall be imposed no additional like period
of suspension as provided in paragraph (b) of Section 6-303.
(d) For violations of this 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 this Code, if the
violation may be satisfied without a court appearance, the
violator may, pursuant to Supreme Court Rule, satisfy the case
with a written plea of guilty and payment of fines, penalties,

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and costs equal to the bail amount as established by the
Supreme Court for the offense.
(Source: P.A. 101-652, eff. 1-1-23.)
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon
the request of the defendant, shall take such defendant before
a circuit judge or associate circuit judge in the county in
which the arrest was made who shall admit the defendant to bail
pretrial release for his appearance before the court named in
the warrant. On taking such bail setting the conditions of
pretrial release, the circuit judge or associate circuit judge
shall certify such fact on the warrant and deliver the warrant
and undertaking of bail or other security conditions of
pretrial release, or the driver's drivers license of such
defendant if deposited, under the law relating to such
licenses, in lieu of such security, to the officer having
charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver
such warrant and such undertaking of bail, or other security
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release or driver's drivers license to

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the court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
Section 2-175. The Illinois Vehicle Code is amended by
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
11-208.9, and 11-1201.1 as follows:
(625 ILCS 5/6-209.1)
Sec. 6-209.1. Restoration of driving privileges;
revocation; suspension; cancellation.
(a) The Secretary shall rescind the suspension or
cancellation of a person's driver's license that has been
suspended or canceled before July 1, 2020 (the effective date
of Public Act 101-623) due to:
(1) the person being convicted of theft of motor fuel
under Section 16-25 or 16K-15 of the Criminal Code of 1961
or the Criminal Code of 2012;
(2) the person, since the issuance of the driver's
license, being adjudged to be afflicted with or suffering
from any mental disability or disease;
(3) a violation of Section 6-16 of the Liquor Control
Act of 1934 or a similar provision of a local ordinance;
(4) the person being convicted of a violation of
Section 6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance, if the person presents a
certified copy of a court order that includes a finding

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that the person was not an occupant of a motor vehicle at
the time of the violation;
(5) the person receiving a disposition of court
supervision for a violation of subsection (a), (d), or (e)
of Section 6-20 of the Liquor Control Act of 1934 or a
similar provision of a local ordinance, if the person
presents a certified copy of a court order that includes a
finding that the person was not an occupant of a motor
vehicle at the time of the violation;
(6) the person failing to pay any fine or penalty due
or owing as a result of 10 or more violations of a
municipality's or county's vehicular standing, parking, or
compliance regulations established by ordinance under
Section 11-208.3 of this Code;
(7) the person failing to satisfy any fine or penalty
resulting from a final order issued by the Illinois State
Toll Highway Authority relating directly or indirectly to
5 or more toll violations, toll evasions, or both;
(8) the person being convicted of a violation of
Section 4-102 of this Code, if the person presents a
certified copy of a court order that includes a finding
that the person did not exercise actual physical control
of the vehicle at the time of the violation; or
(9) the person being convicted of criminal trespass to
vehicles under Section 21-2 of the Criminal Code of 2012,
if the person presents a certified copy of a court order

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that includes a finding that the person did not exercise
actual physical control of the vehicle at the time of the
violation.
(b) As soon as practicable and no later than July 1, 2021,
the Secretary shall rescind the suspension, cancellation, or
prohibition of renewal of a person's driver's license that has
been suspended, canceled, or whose renewal has been prohibited
before the effective date of this amendatory Act of the 101st
General Assembly due to the person having failed to pay any
fine or penalty for traffic violations, automated traffic law
enforcement system violations as defined in Sections 11-208.6,
and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
fees.
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
102-558, eff. 8-20-21.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance
for a system of administrative adjudication of vehicular
standing and parking violations and vehicle compliance
violations as described in this subsection, automated traffic
law violations as defined in Section 11-208.6, 11-208.9, or

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11-1201.1, and automated speed enforcement system violations
as defined in Section 11-208.8. The administrative system
shall have as its purpose the fair and efficient enforcement
of municipal or county regulations through the administrative
adjudication of automated speed enforcement system or
automated traffic law violations and violations of municipal
or county ordinances regulating the standing and parking of
vehicles, the condition and use of vehicle equipment, and the
display of municipal or county wheel tax licenses within the
municipality's or county's borders. The administrative system
shall only have authority to adjudicate civil offenses
carrying fines not in excess of $500 or requiring the
completion of a traffic education program, or both, that occur
after the effective date of the ordinance adopting such a
system under this Section. For purposes of this Section,
"compliance violation" means a violation of a municipal or
county regulation governing the condition or use of equipment
on a vehicle or governing the display of a municipal or county
wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for

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violation of parking and compliance ordinances and
automated speed enforcement system or automated traffic
law violations, and operate an administrative adjudication
system. The traffic compliance administrator also may make
a certified report to the Secretary of State under Section
6-306.5-1.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties with a population of 1 million or more, it shall

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be grounds for dismissal of a parking violation if the
state registration number or vehicle make specified is
incorrect. The violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, shall
operate as a final disposition of the violation. The
notice also shall contain information as to the
availability of a hearing in which the violation may be
contested on its merits. The violation notice shall
specify the time and manner in which a hearing may be had.
(3) Service of a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no

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later than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as
recorded with the Secretary of State or the lessor of the
motor vehicle within 30 days after the Secretary of State
or the lessor of the motor vehicle notifies the
municipality or county of the identity of the owner or
lessee of the vehicle, but not later than 90 days after the
violation, except that in the case of a lessee of a motor
vehicle, service of an automated traffic law violation
notice may occur no later than 210 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered
on the violation notice by signing his or her name to the
notice at the time of service or, in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her
control. In the case of an automated traffic law
violation, the ordinance shall require a determination by
a technician employed or contracted by the municipality or
county that, based on inspection of recorded images, the
motor vehicle was being operated in violation of Section

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11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
the technician determines that the vehicle entered the
intersection as part of a funeral procession or in order
to yield the right-of-way to an emergency vehicle, a
citation shall not be issued. In municipalities with a
population of less than 1,000,000 inhabitants and counties
with a population of less than 3,000,000 inhabitants, the
automated traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation. In municipalities with a population of
1,000,000 or more inhabitants and counties with a
population of 3,000,000 or more inhabitants, the automated
traffic law ordinance shall require that all
determinations by a technician that a motor vehicle was
being operated in violation of Section 11-208.6, 11-208.9,
or 11-1201.1 or a local ordinance must be reviewed and
approved by a law enforcement officer or retired law
enforcement officer of the municipality or county issuing
the violation or by an additional fully trained reviewing
technician who is not employed by the contractor who
employs the technician who made the initial determination.
In the case of an automated speed enforcement system

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violation, the ordinance shall require a determination by
a technician employed by the municipality, based upon an
inspection of recorded images, video or other
documentation, including documentation of the speed limit
and automated speed enforcement signage, and documentation
of the inspection, calibration, and certification of the
speed equipment, that the vehicle was being operated in
violation of Article VI of Chapter 11 of this Code or a
similar local ordinance. If the technician determines that
the vehicle speed was not determined by a calibrated,
certified speed equipment device based upon the speed
equipment documentation, or if the vehicle was an
emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or

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lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based equipment no less
frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. Technicians must be alert
for any unusual or suspect readings, and if unusual or
suspect readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.
The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be

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equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety
Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained reviewing
technician" means a person who has received at least 40
hours of supervised training in subjects which shall
include image inspection and interpretation, the elements
necessary to prove a violation, license plate
identification, and traffic safety and management. In all
municipalities and counties, the automated speed
enforcement system or automated traffic law ordinance
shall require that no additional fee shall be charged to
the alleged violator for exercising his or her right to an
administrative hearing, and persons shall be given at
least 25 days following an administrative hearing to pay
any civil penalty imposed by a finding that Section
11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
local ordinance has been violated. The original or a
facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary

HB4336 - 179 - LRB103 35348 RLC 65412 b
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated record shall be prima facie correct and
shall be prima facie evidence of the correctness of the
facts shown on the notice. The notice, copy, or
computer-generated record shall be admissible in any
subsequent administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation notice in which the owner
may contest the merits of the alleged violation, and
during which formal or technical rules of evidence shall
not apply; provided, however, that under Section 11-1306
of this Code the lessee of a vehicle cited in the violation
notice likewise shall be provided an opportunity for a
hearing of the same kind afforded the registered owner.
The hearings shall be recorded, and the person conducting
the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and
to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers.
Persons appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may

HB4336 - 180 - LRB103 35348 RLC 65412 b
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 of this Code, to the lessee of the cited vehicle
at the last address known to the lessor of the cited
vehicle at the time of lease or, if any notice to that
address is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database. The service shall be deemed complete as of the
date of deposit in the United States mail. The notices
shall be in the following sequence and shall include, but
not be limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or

HB4336 - 181 - LRB103 35348 RLC 65412 b
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, when so provided by
ordinance, the availability of a hearing in which the
violation may be contested on its merits, and the time
and manner in which the hearing may be had. The notice
of violation shall also state that failure to complete
a required traffic education program, to pay the
indicated fine and any applicable penalty, or to
appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that,
upon the occurrence of a final determination of
violation liability for the failure, and the
exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any
incomplete traffic education program or any unpaid
fine or penalty, or both, will constitute a debt due
and owing the municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement

HB4336 - 182 - LRB103 35348 RLC 65412 b
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's license for
failure to complete a traffic education program or to
pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's license suspension.
This notice shall be sent to the person liable for failure

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to complete a required traffic education program or to pay
any fine or penalty that remains due and owing, or both, on
5 or more unpaid automated speed enforcement system or
automated traffic law violations. The notice shall state
that failure to complete a required traffic education
program or to pay the fine or penalty owing, or both,
within 45 days of the notice's date will result in the
municipality or county notifying the Secretary of State
that the person is eligible for initiation of suspension
proceedings under Section 6-306.5-1 6-306.5 of this Code.
The notice shall also state that the person may obtain a
photostatic copy of an original ticket imposing a fine or
penalty by sending a self-addressed, stamped envelope to
the municipality or county along with a request for the
photostatic copy. The notice of impending driver's license
suspension shall be sent by first class United States
mail, postage prepaid, to the address recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any

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administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability that
may be filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may
also be filed by a person required to complete a traffic
education program. The petition shall be filed with and
ruled upon by the traffic compliance administrator in the
manner and within the time specified by ordinance. The
grounds for the petition may be limited to: (A) the person
not having been the owner or lessee of the cited vehicle on
the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties with a population of 1 million
or more, it shall be grounds for dismissal of a parking

HB4336 - 185 - LRB103 35348 RLC 65412 b
violation if the state registration number or vehicle
make, only if specified in the violation notice, is
incorrect. After the determination of parking, standing,
compliance, automated speed enforcement system, or
automated traffic law violation liability has been set
aside upon a showing of just cause, the registered owner
shall be provided with a hearing on the merits for that
violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality or
county may contest the merits of the alleged violation
without attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250,
except as provided in subsection (c) of Section 11-1301.3
of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated
in this Section.
(b-5) An automated speed enforcement system or automated

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traffic law ordinance adopted under this Section by a
municipality or county shall require that the determination to
issue a citation be vested solely with the municipality or
county and that such authority may not be delegated to any
vendor retained by the municipality or county. Any contract or
agreement violating such a provision in the ordinance is null
and void.
(c) Any municipality or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this
Section may also provide by ordinance for a program of vehicle
immobilization for the purpose of facilitating enforcement of
those regulations. The program of vehicle immobilization shall
provide for immobilizing any eligible vehicle upon the public
way by presence of a restraint in a manner to prevent operation
of the vehicle. Any ordinance establishing a program of
vehicle immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a

HB4336 - 187 - LRB103 35348 RLC 65412 b
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision
within the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law violations and final administrative
decisions issued after hearings regarding vehicle
immobilization and impoundment made under this Section shall
be subject to the provisions of the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education

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program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated
traffic law violation shall constitute a final disposition of
that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality
or county may commence a proceeding in the Circuit Court for
purposes of obtaining a judgment on the final determination of
violation. Nothing in this Section shall prevent a
municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated
speed enforcement system, or automated traffic law violations
against a person in a proceeding. Upon commencement of the
action, the municipality or county shall file a certified copy
or record of the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, which shall be accompanied by a

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certification that recites facts sufficient to show that the
final determination of violation was issued in accordance with
this Section and the applicable municipal or county ordinance.
Service of the summons and a copy of the petition may be by any
method provided by Section 2-203 of the Code of Civil
Procedure or by certified mail, return receipt requested,
provided that the total amount of fines and penalties for
final determinations of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violations does not exceed $2500. If the court is satisfied
that the final determination of parking, standing, compliance,
automated speed enforcement system, or automated traffic law
violation was entered in accordance with the requirements of
this Section and the applicable municipal or county ordinance,
and that the registered owner or the lessee, as the case may
be, had an opportunity for an administrative hearing and for
judicial review as provided in this Section, the court shall
render judgment in favor of the municipality or county and
against the registered owner or the lessee for the amount
indicated in the final determination of parking, standing,
compliance, automated speed enforcement system, or automated
traffic law violation, plus costs. The judgment shall have the
same effect and may be enforced in the same manner as other
judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.

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A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(h) Notwithstanding any other provision of law to the
contrary, a person shall not be liable for violations, fees,
fines, or penalties under this Section during the period in
which the motor vehicle was stolen or hijacked, as indicated
in a report to the appropriate law enforcement agency filed in
a timely manner.
(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
103-364, eff. 7-28-23.)
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system,

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

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vehicle for the purpose of recording its speed. Except as
provided under Section 11-208.8 of this Code, the regulation
of the use of automated traffic law enforcement systems to
record vehicle speeds is an exclusive power and function of
the State. This subsection (c) is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law
enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the

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arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a

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violation of a red light signal;
(9) a warning that failure to pay the civil penalty,
to complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic
education program, or both; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) (Blank).
(e-1) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does
not pay the fine or complete a required traffic education
program, or both, or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5-1 of this Code for failing to
complete a required traffic education program or to pay any
fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated traffic law

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enforcement system or the automated speed enforcement system
under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;

HB4336 - 196 - LRB103 35348 RLC 65412 b
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an
automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the

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owner of the vehicle.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to
the court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's
name and current address. The person in custody and control of
the vehicle at the time of the violation is required to
complete the required traffic education program. If the person
in custody and control of the vehicle at the time of the
violation completes the required traffic education program,
the registered owner of the vehicle is not required to
complete a traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system and
informing drivers whether, following a stop, a right turn at
the intersection is permitted or prohibited.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting

HB4336 - 198 - LRB103 35348 RLC 65412 b
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation. Beginning 6 months before it installs an
automated traffic law enforcement system at an intersection, a
county or municipality may not change the yellow change
interval at that intersection.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system and every 2 years thereafter. Each
statistical analysis shall be based upon the best available
crash, traffic, and other data, and shall cover a period of
time before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact.
Each statistical analysis shall be consistent with
professional judgment and acceptable industry practice. Each
statistical analysis also shall be consistent with the data
required for valid comparisons of before and after conditions
and shall be conducted within a reasonable period following
the installation of the automated traffic law enforcement
system. Each statistical analysis required by this subsection

HB4336 - 199 - LRB103 35348 RLC 65412 b
(k-7) shall be made available to the public and shall be
published on the website of the municipality or county. If a
statistical analysis 36-month indicates that there has been an
increase in the rate of crashes at the approach to the
intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the crashes, and may take any action that
it determines is necessary or appropriate to reduce the number
or severity of the crashes at that intersection.
(k-8) Any municipality or county operating an automated
traffic law enforcement system before July 28, 2023 (the
effective date of Public Act 103-364) this amendatory Act of
the 103rd General Assembly shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection by no later than one
year after July 28, 2023 (the effective date of Public Act
103-364 this amendatory Act of the 103rd General Assembly and
every 2 years thereafter. The statistical analyses shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analyses shall be
consistent with professional judgment and acceptable industry
practice. The statistical analyses also shall be consistent
with the data required for valid comparisons of before and
after conditions. The statistical analyses required by this

HB4336 - 200 - LRB103 35348 RLC 65412 b
subsection shall be made available to the public and shall be
published on the website of the municipality or county. If the
statistical analysis for any period following installation of
the system indicates that there has been an increase in the
rate of accidents at the approach to the intersection
monitored by the system, the municipality or county shall
undertake additional studies to determine the cause and
severity of the accidents, and may take any action that it
determines is necessary or appropriate to reduce the number or
severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(l-1) No member of the General Assembly and no officer or
employee of a municipality or county shall knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated traffic law enforcement system
equipment or services to municipalities or counties. No former
member of the General Assembly shall, within a period of 2
years immediately after the termination of service as a member
of the General Assembly, knowingly accept employment or
receive compensation or fees for services from a vendor that
provides automated traffic law enforcement system equipment or
services to municipalities or counties. No former officer or

HB4336 - 201 - LRB103 35348 RLC 65412 b
employee of a municipality or county shall, within a period of
2 years immediately after the termination of municipal or
county employment, knowingly accept employment or receive
compensation or fees for services from a vendor that provides
automated traffic law enforcement system equipment or services
to municipalities or counties.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) (Blank).
(o-1) A municipality or county shall make a certified
report to the Secretary of State pursuant to Section 6-306.5-1
of this Code whenever a registered owner of a vehicle has
failed to pay any fine or penalty due and owing as a result of
a combination of 5 offenses for automated traffic law or speed
enforcement system violations.
(p) No person who is the lessor of a motor vehicle pursuant

HB4336 - 202 - LRB103 35348 RLC 65412 b
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The driver's license number of a lessee
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant
to this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) If a county or municipality selects a new vendor for
its automated traffic law enforcement system and must, as a
consequence, apply for a permit, approval, or other
authorization from the Department for reinstallation of one or
more malfunctioning components of that system and if, at the
time of the application for the permit, approval, or other
authorization, the new vendor operates an automated traffic
law enforcement system for any other county or municipality in
the State, then the Department shall approve or deny the
county or municipality's application for the permit, approval,
or other authorization within 90 days after its receipt.

HB4336 - 203 - LRB103 35348 RLC 65412 b
(r) The Department may revoke any permit, approval, or
other authorization granted to a county or municipality for
the placement, installation, or operation of an automated
traffic law enforcement system if any official or employee who
serves that county or municipality is charged with bribery,
official misconduct, or a similar crime related to the
placement, installation, or operation of the automated traffic
law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county or
municipality that has a permit, approval, or other
authorization revoked under this subsection may not reapply
for such a permit, approval, or other authorization for a
period of one 1 year after the revocation.
(s) If an automated traffic law enforcement system is
removed or rendered inoperable due to construction, then the
Department shall authorize the reinstallation or use of the
automated traffic law enforcement system within 30 days after
the construction is complete.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
9-19-23.)

HB4336 - 204 - LRB103 35348 RLC 65412 b
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and
the vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded
image must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;

HB4336 - 205 - LRB103 35348 RLC 65412 b
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway
known as Lake Shore Drive or any controlled access highway
with 8 or more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,

HB4336 - 206 - LRB103 35348 RLC 65412 b
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property
line of any facility, area, or land owned by a park
district, no earlier than one hour prior to the time that
the facility, area, or land is open to the public or other
patrons, and no later than one hour after the facility,
area, or land is closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per

HB4336 - 207 - LRB103 35348 RLC 65412 b
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more
than $100 for failure to pay the original penalty in a
timely manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic
Citation from a police officer for a speeding violation
occurring within one-eighth of a mile and 15 minutes of the
violation that was recorded by the system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle. A law enforcement officer is not
required to be present or to witness the violation. No penalty
may be imposed under this Section if the recorded speed of a
vehicle is 5 miles per hour or less over the legal speed limit.
The municipality may send, in the same manner that notices are
sent under this Section, a speed violation warning notice
where the violation involves a speed of 5 miles per hour or
less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:

HB4336 - 208 - LRB103 35348 RLC 65412 b
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public
safety infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to
roads and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle

HB4336 - 209 - LRB103 35348 RLC 65412 b
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(9) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(10) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) (Blank).
(g-1) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the

HB4336 - 210 - LRB103 35348 RLC 65412 b
driving privileges of the registered owner of the vehicle
under Section 6-306.5-1 of this Code for failing to pay any
fine or penalty due and owing, or both, as a result of a
combination of 5 violations of the automated speed enforcement
system or the automated traffic law under Section 11-208.6 of
this Code.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to
the alleged violator and governmental and law enforcement
agencies for purposes of adjudicating a violation of this
Section, for statistical purposes, or for other governmental
purposes. Any recorded image evidencing a violation of this
Section, however, may be admissible in any proceeding
resulting from the issuance of the citation.
(j) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control or in the possession of the owner or lessee at the
time of the violation;

HB4336 - 211 - LRB103 35348 RLC 65412 b
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers

HB4336 - 212 - LRB103 35348 RLC 65412 b
as to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(n-1) No member of the General Assembly and no officer or
employee of a municipality or county shall knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated speed enforcement system
equipment or services to municipalities or counties. No former
member of the General Assembly shall, within a period of 2
years immediately after the termination of service as a member
of the General Assembly, knowingly accept employment or
receive compensation or fees for services from a vendor that
provides automated speed enforcement system equipment or
services to municipalities or counties. No former officer or
employee of a municipality or county shall, within a period of
2 years immediately after the termination of municipal or
county employment, knowingly accept employment or receive
compensation or fees for services from a vendor that provides

HB4336 - 213 - LRB103 35348 RLC 65412 b
automated speed enforcement system equipment or services to
municipalities or counties.
(o) (Blank).
(o-1) A municipality shall make a certified report to the
Secretary of State pursuant to Section 6-306.5-1 of this Code
whenever a registered owner of a vehicle has failed to pay any
fine or penalty due and owing as a result of a combination of 5
offenses for automated speed or traffic law enforcement system
violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The driver's drivers license number of
a lessee may be subsequently individually requested by the
appropriate authority if needed for enforcement of this
Section.
Upon the provision of information by the lessor pursuant
to this subsection, the municipality may issue the violation
to the lessee of the vehicle in the same manner as it would
issue a violation to a registered owner of a vehicle pursuant
to this Section, and the lessee may be held liable for the
violation.

HB4336 - 214 - LRB103 35348 RLC 65412 b
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system following installation
of the system and every 2 years thereafter. A municipality
operating an automated speed enforcement system before the
effective date of this amendatory Act of the 103rd General
Assembly shall conduct a statistical analysis to assess the
safety impact of the system by no later than one year after the
effective date of this amendatory Act of the 103rd General
Assembly and every 2 years thereafter. Each statistical
analysis shall be based upon the best available crash,
traffic, and other data, and shall cover a period of time
before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact.
Each statistical analysis shall be consistent with
professional judgment and acceptable industry practice. Each
statistical analysis also shall be consistent with the data
required for valid comparisons of before and after conditions
and shall be conducted within a reasonable period following
the installation of the automated traffic law enforcement
system. Each statistical analysis required by this subsection
shall be made available to the public and shall be published on

HB4336 - 215 - LRB103 35348 RLC 65412 b
the website of the municipality.
(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(t) If a county or municipality selects a new vendor for
its automated speed enforcement system and must, as a
consequence, apply for a permit, approval, or other
authorization from the Department for reinstallation of one or
more malfunctioning components of that system and if, at the
time of the application for the permit, approval, or other
authorization, the new vendor operates an automated speed
enforcement system for any other county or municipality in the
State, then the Department shall approve or deny the county or
municipality's application for the permit, approval, or other
authorization within 90 days after its receipt.
(u) The Department may revoke any permit, approval, or
other authorization granted to a county or municipality for
the placement, installation, or operation of an automated
speed enforcement system if any official or employee who
serves that county or municipality is charged with bribery,
official misconduct, or a similar crime related to the
placement, installation, or operation of the automated speed
enforcement system in the county or municipality.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall

HB4336 - 216 - LRB103 35348 RLC 65412 b
provide an opportunity to appeal the revocation. Any county or
municipality that has a permit, approval, or other
authorization revoked under this subsection may not reapply
for such a permit, approval, or other authorization for a
period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system;
approaching, overtaking, and passing a school bus.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with the visual signals
on a school bus, as specified in Sections 12-803 and 12-805 of
this Code, to produce recorded images of motor vehicles that
fail to stop before meeting or overtaking, from either
direction, any school bus stopped at any location for the
purpose of receiving or discharging pupils in violation of
Section 11-1414 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system,
in a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also

HB4336 - 217 - LRB103 35348 RLC 65412 b
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means
images recorded by an automated traffic law enforcement system
on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(c) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance must make the recorded images of a
violation accessible to the alleged violator by providing the
alleged violator with a website address, accessible through
the Internet.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automated traffic law
enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after

HB4336 - 218 - LRB103 35348 RLC 65412 b
the violation.
(e) The notice required under subsection (d) shall
include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of overtaking or passing a school bus stopped
for the purpose of receiving or discharging pupils;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing; and
(11) a website address, accessible through the

HB4336 - 219 - LRB103 35348 RLC 65412 b
Internet, where the person may view the recorded images of
the violation.
(f) (Blank).
(f-1) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system under
this Section, does not pay the fine or successfully contest
the civil penalty resulting from that violation, the Secretary
of State shall suspend the driving privileges of the
registered owner of the vehicle under Section 6-306.5-1 of
this Code for failing to pay any fine or penalty due and owing
as a result of a combination of 5 violations of the automated
traffic law enforcement system or the automated speed
enforcement system under Section 11-208.8 of this Code.
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.

HB4336 - 220 - LRB103 35348 RLC 65412 b
(i) The court or hearing officer may consider in defense
of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer for a
violation of Section 11-1414 of this Code within
one-eighth of a mile and 15 minutes of the violation that
was recorded by the system;
(3) that the visual signals required by Sections
12-803 and 12-805 of this Code were damaged, not
activated, not present in violation of Sections 12-803 and
12-805, or inoperable; and
(4) any other evidence or issues provided by municipal
or county ordinance.
(j) To demonstrate that the motor vehicle was hijacked or
the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or

HB4336 - 221 - LRB103 35348 RLC 65412 b
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(k) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $150 for a first time violation or $500
for a second or subsequent violation, plus an additional
penalty of not more than $100 for failure to pay the original
penalty in a timely manner, if the motor vehicle is recorded by
an automated traffic law enforcement system. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle, but may be recorded by the municipality
or county for the purpose of determining if a person is subject
to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that
the school bus is being monitored by an automated traffic law
enforcement system.
(m) A municipality or county that has one or more school
buses equipped with an automated traffic law enforcement
system must provide notice to drivers by posting a list of
school districts using school buses equipped with an automated

HB4336 - 222 - LRB103 35348 RLC 65412 b
traffic law enforcement system on the municipality or county
website. School districts that have one or more school buses
equipped with an automated traffic law enforcement system must
provide notice to drivers by posting that information on their
websites.
(n) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact in each school district
using school buses equipped with an automated traffic law
enforcement system following installation of the system and
every 2 years thereafter. A municipality or county operating
an automated speed enforcement system before the effective
date of this amendatory Act of the 103rd General Assembly
shall conduct a statistical analysis to assess the safety
impact of the system by no later than one year after the
effective date of this amendatory Act of the 103rd General
Assembly and every 2 years thereafter. Each statistical
analysis shall be based upon the best available crash,
traffic, and other data, and shall cover a period of time
before and after installation of the system sufficient to
provide a statistically valid comparison of safety impact.
Each statistical analysis shall be consistent with
professional judgment and acceptable industry practice. Each
statistical analysis also shall be consistent with the data
required for valid comparisons of before and after conditions
and shall be conducted within a reasonable period following

HB4336 - 223 - LRB103 35348 RLC 65412 b
the installation of the automated traffic law enforcement
system. Each statistical analysis required by this subsection
shall be made available to the public and shall be published on
the website of the municipality or county. If a statistical
analysis indicates that there has been an increase in the rate
of crashes at the approach to school buses monitored by the
system, the municipality or county shall undertake additional
studies to determine the cause and severity of the crashes,
and may take any action that it determines is necessary or
appropriate to reduce the number or severity of the crashes
involving school buses equipped with an automated traffic law
enforcement system.
(o) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o-1) No member of the General Assembly and no officer or
employee of a municipality or county shall knowingly accept
employment or receive compensation or fees for services from a
vendor that provides automated traffic law enforcement system
equipment or services to municipalities or counties. No former
member of the General Assembly shall, within a period of 2
years immediately after the termination of service as a member
of the General Assembly, knowingly accept employment or
receive compensation or fees for services from a vendor that

HB4336 - 224 - LRB103 35348 RLC 65412 b
provides automated traffic law enforcement system equipment or
services to municipalities or counties. No former officer or
employee of a municipality or county shall, within a period of
2 years immediately after the termination of municipal or
county employment, knowingly accept employment or receive
compensation or fees for services from a vendor that provides
automated traffic law enforcement system equipment or services
to municipalities or counties.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and
address of the lessee. The driver's license number of a lessee
may be subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant
to this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(q) (Blank).
(q-1) A municipality or county shall make a certified

HB4336 - 225 - LRB103 35348 RLC 65412 b
report to the Secretary of State pursuant to Section 6-306.5-1
of this Code whenever a registered owner of a vehicle has
failed to pay any fine or penalty due and owing as a result of
a combination of 5 offenses for automated traffic law or speed
enforcement system violations.
(r) After a municipality or county enacts an ordinance
providing for automated traffic law enforcement systems under
this Section, each school district within that municipality or
county's jurisdiction may implement an automated traffic law
enforcement system under this Section. The elected school
board for that district must approve the implementation of an
automated traffic law enforcement system. The school district
shall be responsible for entering into a contract, approved by
the elected school board of that district, with vendors for
the installation, maintenance, and operation of the automated
traffic law enforcement system. The school district must enter
into an intergovernmental agreement, approved by the elected
school board of that district, with the municipality or county
with jurisdiction over that school district for the
administration of the automated traffic law enforcement
system. The proceeds from a school district's automated
traffic law enforcement system's fines shall be divided
equally between the school district and the municipality or
county administering the automated traffic law enforcement
system.
(s) If a county or municipality changes the vendor it uses

HB4336 - 226 - LRB103 35348 RLC 65412 b
for its automated traffic law enforcement system and must, as
a consequence, apply for a permit, approval, or other
authorization from the Department for reinstallation of one or
more malfunctioning components of that system and if, at the
time of the application, the new vendor operates an automated
traffic law enforcement system for any other county or
municipality in the State, then the Department shall approve
or deny the county or municipality's application for that
permit, approval, or other authorization within 90 days after
its receipt.
(t) The Department may revoke any permit, approval, or
other authorization granted to a county or municipality for
the placement, installation, or operation of an automated
traffic law enforcement system if any official or employee who
serves that county or municipality is charged with bribery,
official misconduct, or a similar crime related to the
placement, installation, or operation of the automated traffic
law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to
implement and administer this subsection. The rules adopted by
the Department shall describe the revocation process, shall
ensure that notice of the revocation is provided, and shall
provide an opportunity to appeal the revocation. Any county or
municipality that has a permit, approval, or other
authorization revoked under this subsection may not reapply
for such a permit, approval, or other authorization for a

HB4336 - 227 - LRB103 35348 RLC 65412 b
period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement
system.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system in a
municipality or county operated by a governmental agency that
produces a recorded image of a motor vehicle's violation of a
provision of this Code or local ordinance and is designed to
obtain a clear recorded image of the vehicle and vehicle's
license plate. The recorded image must also display the time,
date, and location of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation

HB4336 - 228 - LRB103 35348 RLC 65412 b
with a local law enforcement agency, establish in any county
or municipality an automated railroad grade crossing
enforcement system at any railroad grade crossing equipped
with a crossing gate designated by local authorities. Local
authorities desiring the establishment of an automated
railroad crossing enforcement system must initiate the process
by enacting a local ordinance requesting the creation of such
a system. After the ordinance has been enacted, and before any
additional steps toward the establishment of the system are
undertaken, the local authorities and the Commission must
agree to a plan for obtaining, from any combination of
federal, State, and local funding sources, the moneys required
for the purchase and installation of any necessary equipment.
(b-1) (Blank).
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;

HB4336 - 229 - LRB103 35348 RLC 65412 b
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing.
(d) (Blank).
(d-1) (Blank).
(d-2) (Blank).
(d-3) If a person charged with a traffic violation, as a
result of an automated railroad grade crossing enforcement
system, does not pay or successfully contest the civil penalty
resulting from that violation, the Secretary of State shall
suspend the driving privileges of the registered owner of the
vehicle under Section 6-306.5-1 of this Code for failing to

HB4336 - 230 - LRB103 35348 RLC 65412 b
pay any fine or penalty due and owing as a result of 5
violations of the automated railroad grade crossing
enforcement system.
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control of or in the possession of the owner or lessee at
the time of the violation;
(1.5) that the motor vehicle was hijacked before the
violation occurred and not under the control of or in the
possession of the owner or lessee at the time of the

HB4336 - 231 - LRB103 35348 RLC 65412 b
violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) To demonstrate that the motor vehicle was hijacked
or the motor vehicle or registration plates or digital
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner or
lessee at the time of the violation, the owner or lessee must
submit proof that a report concerning the motor vehicle or
registration plates was filed with a law enforcement agency in
a timely manner.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued,
and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank).
(i) If any part or parts of this Section are held by a

HB4336 - 232 - LRB103 35348 RLC 65412 b
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)
Section 2-180. The Illinois Vehicle Code is amended by
changing Sections 6-303, 6-306.5-1, and 6-306.9 and by adding
Sections 4-214.2 and 6-306.5-1 as follows:
(625 ILCS 5/4-214.2 new)
Sec. 4-214.2. Failure to pay fines, charges, and costs on
an abandoned vehicle.
(a) Whenever any resident of this State fails to pay any
fine, charge, or cost imposed for a violation of Section 4-201
of this Code, or a similar provision of a local ordinance, the
clerk shall notify the Secretary of State, on a report
prescribed by the Secretary, and the Secretary shall prohibit
the renewal, reissue, or reinstatement of the resident's

HB4336 - 233 - LRB103 35348 RLC 65412 b
driving privileges until the fine, charge, or cost has been
paid in full. The clerk shall provide notice to the owner, at
the owner's last known address as shown on the court's
records, stating that the action will be effective on the 46th
day following the date of the above notice if payment is not
received in full by the court of venue.
(b) Following receipt of the report from the clerk, the
Secretary of State shall make the proper notation to the
owner's file to prohibit the renewal, reissue, or
reinstatement of the owner's driving privileges. Except as
provided in subsection (d) of this Section, the notation shall
not be removed from the owner's record until the owner
satisfies the outstanding fine, charge, or cost and an
appropriate notice on a form prescribed by the Secretary is
received by the Secretary from the court of venue, stating
that the fine, charge, or cost has been paid in full. Upon
payment in full of a fine, charge, or court cost which has
previously been reported under this Section as unpaid, the
clerk of the court shall present the owner with a signed
receipt containing the seal of the court indicating that the
fine, charge, or cost has been paid in full, and shall forward
immediately to the Secretary of State a notice stating that
the fine, charge, or cost has been paid in full.
(c) Notwithstanding the receipt of a report from the clerk
as prescribed in subsection (a), nothing in this Section is
intended to place any responsibility upon the Secretary of

HB4336 - 234 - LRB103 35348 RLC 65412 b
State to provide independent notice to the owner of any
potential action to disallow the renewal, reissue, or
reinstatement of the owner's driving privileges.
(d) The Secretary of State shall renew, reissue, or
reinstate an owner's driving privileges which were previously
refused under this Section upon presentation of an original
receipt which is signed by the clerk of the court and contains
the seal of the court indicating that the fine, charge, or cost
has been paid in full. The Secretary of State shall retain the
receipt for his or her records.
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit, or
privilege to operate a motor vehicle is suspended or revoked.
(a) Except as otherwise provided in subsection (a-5) or
(a-7), any person who drives or is in actual physical control
of a motor vehicle on any highway of this State at a time when
such person's driver's license, permit, or privilege to do so
or the privilege to obtain a driver's license or permit is
revoked or suspended as provided by this Code or the law of
another state, except as may be specifically allowed by a
judicial driving permit issued prior to January 1, 2009,
monitoring device driving permit, family financial
responsibility driving permit, probationary license to drive,
or a restricted driving permit issued pursuant to this Code or
under the law of another state, shall be guilty of a Class A

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misdemeanor.
(a-3) A second or subsequent violation of subsection (a)
of this Section is a Class 4 felony if committed by a person
whose driving or operation of a motor vehicle is the proximate
cause of a motor vehicle crash that causes personal injury or
death to another. For purposes of this subsection, a personal
injury includes any Type A injury as indicated on the traffic
crash report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or a medical facility. A Type A injury includes severe
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(a-5) Any person who violates this Section as provided in
subsection (a) while his or her driver's license, permit, or
privilege is revoked because of a violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide, or a violation
of subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause
of a death, or a similar provision of a law of another state,
is guilty of a Class 4 felony. The person shall be required to
undergo a professional evaluation, as provided in Section
11-501 of this Code, to determine if an alcohol, drug, or

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intoxicating compound problem exists and the extent of the
problem, and to undergo the imposition of treatment as
appropriate.
(a-7) Any person who violates this Section as provided in
subsection (a) while his or her driver's license or privilege
to drive is suspended under Section 6-306.5-1 6-306.5 or 7-702
of this Code shall receive a Uniform Traffic Citation from the
law enforcement officer. A person who receives 3 or more
Uniform Traffic Citations under this subsection (a-7) without
paying any fees associated with the citations shall be guilty
of a Class A misdemeanor.
(a-10) A person's driver's license, permit, or privilege
to obtain a driver's license or permit may be subject to
multiple revocations, multiple suspensions, or any combination
of both simultaneously. No revocation or suspension shall
serve to negate, invalidate, cancel, postpone, or in any way
lessen the effect of any other revocation or suspension
entered prior or subsequent to any other revocation or
suspension.
(b) (Blank).
(b-1) Except for a person under subsection (a-7) of this
Section, upon receiving a report of the conviction of any
violation indicating a person was operating a motor vehicle
during the time when the person's driver's license, permit, or
privilege was suspended by the Secretary of State or the
driver's licensing administrator of another state, except as

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specifically allowed by a probationary license, judicial
driving permit, restricted driving permit, or monitoring
device driving permit, the Secretary shall extend the
suspension for the same period of time as the originally
imposed suspension unless the suspension has already expired,
in which case the Secretary shall be authorized to suspend the
person's driving privileges for the same period of time as the
originally imposed suspension.
(b-2) Except as provided in subsection (b-6) or (a-7),
upon receiving a report of the conviction of any violation
indicating a person was operating a motor vehicle when the
person's driver's license, permit, or privilege was revoked by
the Secretary of State or the driver's license administrator
of any other state, except as specifically allowed by a
restricted driving permit issued pursuant to this Code or the
law of another state, the Secretary shall not issue a driver's
license for an additional period of one year from the date of
such conviction indicating such person was operating a vehicle
during such period of revocation.
(b-3) (Blank).
(b-4) When the Secretary of State receives a report of a
conviction of any violation indicating a person was operating
a motor vehicle that was not equipped with an ignition
interlock device during a time when the person was prohibited
from operating a motor vehicle not equipped with such a
device, the Secretary shall not issue a driver's license to

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that person for an additional period of one year from the date
of the conviction.
(b-5) Any person convicted of violating this Section shall
serve a minimum term of imprisonment of 30 consecutive days or
300 hours of community service when the person's driving
privilege was revoked or suspended as a result of a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless homicide, or
a violation of subparagraph (F) of paragraph (1) of subsection
(d) of Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof when the violation was a proximate cause
of a death, or a similar provision of a law of another state.
The court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(b-6) Upon receiving a report of a first conviction of
operating a motor vehicle while the person's driver's license,
permit, or privilege was revoked where the revocation was for
a violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph (1)
of subsection (d) of Section 11-501 of this Code, relating to
the offense of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or

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compounds, or any combination thereof when the violation was a
proximate cause of a death, or a similar out-of-state offense,
the Secretary shall not issue a driver's license for an
additional period of 3 years from the date of such conviction.
(c) Except as provided in subsections (c-3) and (c-4), any
person convicted of violating this Section shall serve a
minimum term of imprisonment of 10 consecutive days or 30 days
of community service when the person's driving privilege was
revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, any other
drug or any combination thereof; or
(2) a violation of paragraph (b) of Section 11-401 of
this Code or a similar provision of a local ordinance
relating to the offense of leaving the scene of a motor
vehicle crash involving personal injury or death; or
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code.
Such sentence of imprisonment or community service shall
not be subject to suspension in order to reduce such sentence.
(c-1) Except as provided in subsections (a-7), (c-5), and
(d), any person convicted of a second violation of this
Section shall be ordered by the court to serve a minimum of 100
hours of community service. The court may give credit toward

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the fulfillment of community service hours for participation
in activities and treatment as determined by court services.
(c-2) In addition to other penalties imposed under this
Section, the court may impose on any person convicted a fourth
time of violating this Section any of the following:
(1) Seizure of the license plates of the person's
vehicle.
(2) Immobilization of the person's vehicle for a
period of time to be determined by the court.
(c-3) Any person convicted of a violation of this Section
during a period of summary suspension imposed pursuant to
Section 11-501.1 when the person was eligible for a monitoring
device driving permit shall be guilty of a Class 4 felony and
shall serve a minimum term of imprisonment of 30 days.
(c-4) Any person who has been issued a monitoring device
driving permit or a restricted driving permit which requires
the person to operate only motor vehicles equipped with an
ignition interlock device and who is convicted of a violation
of this Section as a result of operating or being in actual
physical control of a motor vehicle not equipped with an
ignition interlock device at the time of the offense shall be
guilty of a Class 4 felony and shall serve a minimum term of
imprisonment of 30 days.
(c-5) Any person convicted of a second violation of this
Section is guilty of a Class 2 felony, is not eligible for
probation or conditional discharge, and shall serve a

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mandatory term of imprisonment, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of this Code,
relating to the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof when the
violation was a proximate cause of a death, or a similar
out-of-state offense; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or
was suspended or revoked for a violation of Section 11-401
or 11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory

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summary suspension or revocation under Section 11-501.1 of
this Code.
(d) Any person convicted of a second violation of this
Section shall be guilty of a Class 4 felony and shall serve a
minimum term of imprisonment of 30 days or 300 hours of
community service, as determined by the court, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior conviction under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of
this Code, a similar out-of-state offense, a similar
provision of a local ordinance, or a statutory summary
suspension or revocation under Section 11-501.1 of this
Code, or for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate

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cause of a death, or a similar out-of-state offense.
The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d-1) Except as provided in subsections (a-7), (d-2),
(d-2.5), and (d-3), any person convicted of a third or
subsequent violation of this Section shall serve a minimum
term of imprisonment of 30 days or 300 hours of community
service, as determined by the court. The court may give credit
toward the fulfillment of community service hours for
participation in activities and treatment as determined by
court services.
(d-2) Any person convicted of a third violation of this
Section is guilty of a Class 4 felony and must serve a minimum
term of imprisonment of 30 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of
this Code, a similar out-of-state offense, a similar
provision of a local ordinance, or a statutory summary

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suspension or revocation under Section 11-501.1 of this
Code, or for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense.
(d-2.5) Any person convicted of a third violation of this
Section is guilty of a Class 1 felony, is not eligible for
probation or conditional discharge, and must serve a mandatory
term of imprisonment, if:
(1) the current violation occurred while the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of this Code,
relating to the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof when the
violation was a proximate cause of a death, or a similar
out-of-state offense. The person's driving privileges
shall be revoked for the remainder of the person's life;

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and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or
was suspended or revoked for a violation of Section 11-401
or 11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d-3) Any person convicted of a fourth, fifth, sixth,
seventh, eighth, or ninth violation of this Section is guilty
of a Class 4 felony and must serve a minimum term of
imprisonment of 180 days, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, a similar
out-of-state offense, a similar provision of a local
ordinance, or a statutory summary suspension or revocation

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under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of
this Code, a similar out-of-state offense, a similar
provision of a local ordinance, or a statutory summary
suspension or revocation under Section 11-501.1 of this
Code, or for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense.
(d-3.5) Any person convicted of a fourth or subsequent
violation of this Section is guilty of a Class 1 felony, is not
eligible for probation or conditional discharge, must serve a
mandatory term of imprisonment, and is eligible for an
extended term, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, relating to the offense of reckless
homicide, or a violation of subparagraph (F) of paragraph

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(1) of subsection (d) of Section 11-501 of this Code,
relating to the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof when the
violation was a proximate cause of a death, or a similar
out-of-state offense; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense, or
was suspended or revoked for a violation of Section 11-401
or 11-501 of this Code, a similar out-of-state offense, a
similar provision of a local ordinance, or a statutory
summary suspension or revocation under Section 11-501.1 of
this Code.
(d-4) Any person convicted of a tenth, eleventh, twelfth,
thirteenth, or fourteenth violation of this Section is guilty
of a Class 3 felony, and is not eligible for probation or
conditional discharge, if:

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(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of
this Code, a similar out-of-state offense, a similar
provision of a local ordinance, or a statutory suspension
or revocation under Section 11-501.1 of this Code, or for
a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of
reckless homicide, or a violation of subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of this
Code, relating to the offense of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a
death, or a similar out-of-state offense.
(d-5) Any person convicted of a fifteenth or subsequent
violation of this Section is guilty of a Class 2 felony, and is
not eligible for probation or conditional discharge, if:
(1) the current violation occurred when the person's
driver's license was suspended or revoked for a violation

HB4336 - 249 - LRB103 35348 RLC 65412 b
of Section 11-401 or 11-501 of this Code, or a similar
out-of-state offense, or a similar provision of a local
ordinance, or a statutory summary suspension or revocation
under Section 11-501.1 of this Code; and
(2) the prior convictions under this Section occurred
while the person's driver's license was suspended or
revoked for a violation of Section 11-401 or 11-501 of
this Code, a similar out-of-state offense, a similar
provision of a local ordinance, or a statutory summary
suspension or revocation under Section 11-501.1 of this
Code, or for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to the
offense of reckless homicide, or a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of this Code, relating to the offense of
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof when the violation was a proximate
cause of a death, or a similar out-of-state offense.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed
under this Section, shall have his or her motor vehicle
immediately impounded by the arresting law enforcement
officer. The motor vehicle may be released to any licensed
driver upon a showing of proof of insurance for the vehicle

HB4336 - 250 - LRB103 35348 RLC 65412 b
that was impounded and the notarized written consent for the
release by the vehicle owner.
(f) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be
admitted as proof of any prior conviction.
(g) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 2012 if the person's
driving privilege was revoked or suspended as a result of:
(1) a violation of Section 11-501 of this Code, a
similar provision of a local ordinance, or a similar
provision of a law of another state;
(2) a violation of paragraph (b) of Section 11-401 of
this Code, a similar provision of a local ordinance, or a
similar provision of a law of another state;
(3) a statutory summary suspension or revocation under
Section 11-501.1 of this Code or a similar provision of a
law of another state; or
(4) a violation of Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense
of reckless homicide, or a violation of subparagraph (F)
of paragraph (1) of subsection (d) of Section 11-501 of
this Code, relating to the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof when the violation was a proximate cause of a

HB4336 - 251 - LRB103 35348 RLC 65412 b
death, or a similar provision of a law of another state.
(Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)
(625 ILCS 5/6-306.5-1 new)
Sec. 6-306.5-1. Failure to pay fine or penalty for
standing, parking, compliance, automated speed enforcement
system, or automated traffic law violations; suspension of
driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality or
county stating that the owner of a registered vehicle has
failed to pay any fine or penalty due and owing as a result of
5 offenses for automated speed enforcement system violations
or automated traffic violations as defined in Sections
11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
thereof, or is more than 14 days in default of a payment plan
pursuant to which a suspension had been terminated under
subsection (c) of this Section, the Secretary of State shall
suspend the driving privileges of such person in accordance
with the procedures set forth in this Section. The Secretary
shall also suspend the driving privileges of an owner of a
registered vehicle upon receipt of a certified report, as
prescribed by subsection (f) of this Section, from any
municipality or county stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for
5 or more automated speed enforcement system or automated

HB4336 - 252 - LRB103 35348 RLC 65412 b
traffic law violations, or combination thereof, after
exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality or county as specified in this Section, the
Secretary of State shall notify the person whose name appears
on the certified report that the person's driver's license
will be suspended at the end of a specified period of time
unless the Secretary of State is presented with a notice from
the municipality or county certifying that the fine or penalty
due and owing the municipality or county has been paid or that
inclusion of that person's name on the certified report was in
error. The Secretary's notice shall state in substance the
information contained in the municipality's or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties pursuant to this Section shall be certified and
shall contain the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and driver's license number of the person
who failed to pay the fine or penalty or who has defaulted

HB4336 - 253 - LRB103 35348 RLC 65412 b
in a payment plan and the registration number of any
vehicle known to be registered to such person in this
State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending driver's license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, to the person named in the report at the address
recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the
time of lease or, if any notice sent under Section
11-208.3 of this Code is returned as undeliverable, at the
last known address recorded in a United States Post Office
approved database; the date on which such notice was sent;
and the address to which such notice was sent. In a
municipality or county with a population of 1,000,000 or
more, the report shall also include a statement that the
alleged violator's State vehicle registration number and
vehicle make, if specified on the automated speed
enforcement system violation or automated traffic law
violation notice, are correct as they appear on the
citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to

HB4336 - 254 - LRB103 35348 RLC 65412 b
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall
notify the Secretary of State, in a form prescribed by the
Secretary, whenever a person named in the certified report has
paid the previously reported fine or penalty, whenever a
person named in the certified report has entered into a
payment plan pursuant to which the municipality or county has
agreed to terminate the suspension, or whenever the
municipality or county determines that the original report was
in error. A certified copy of such notification shall also be
given upon request and at no additional charge to the person
named therein. Upon receipt of the municipality's or county's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality or county making a certified report
to the Secretary of State pursuant to this Section shall also
by ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving a combination of 5 or more
automated speed enforcement system or automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the

HB4336 - 255 - LRB103 35348 RLC 65412 b
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may also cause a suspension of a person's driver's license
pursuant to this Section. Such municipality or county may
invoke this sanction by making a certified report to the
Secretary of State upon a person's failure to satisfy any fine
or penalty imposed by final judgment for a combination of 5 or
more automated speed enforcement system or automated traffic
law violations after exhaustion of judicial review procedures,
but only if:
(1) the municipality or county complies with the
provisions of this Section in all respects except in
regard to enacting an ordinance pursuant to Section
11-208.3;
(2) the municipality or county has sent a notice of
impending driver's license suspension as prescribed by an
ordinance enacted pursuant to subsection (g) of this
Section; and
(3) in municipalities or counties with a population of
1,000,000 or more, the municipality or county has verified
that the alleged violator's State vehicle registration

HB4336 - 256 - LRB103 35348 RLC 65412 b
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may provide by ordinance for the sending of a notice of
impending driver's license suspension to the person who has
failed to satisfy any fine or penalty imposed by final
judgment for a combination of 5 or more automated speed
enforcement system or automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality or county notifying the
Secretary of State that the person's driver's license is
eligible for suspension pursuant to this Section. The notice
of impending driver's license suspension shall be sent by
first class United States mail, postage prepaid, to the
address recorded with the Secretary of State or at the last
address known to the lessor of the cited vehicle at the time of
lease or, if any notice sent under Section 11-208.3 of this
Code is returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(h) An administrative hearing to contest an impending

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suspension or a suspension made pursuant to this Section may
be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20, to be paid
at the time the request is made. A municipality or county which
files a certified report with the Secretary of State pursuant
to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the
filing of the report, including, but not limited to, the costs
of providing the notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.
(i) The provisions of this Section shall apply on and
after January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(625 ILCS 5/6-306.9 new)
Sec. 6-306.9. Failure to pay traffic fines, penalties, or
court costs.
(a) Whenever any resident of this State fails to pay any
traffic fine, penalty, or cost imposed for a violation of this
Code, or similar provision of local ordinance, the clerk may
notify the Secretary of State, on a report prescribed by the
Secretary, and the Secretary shall prohibit the renewal,
reissue or reinstatement of such resident's driving privileges

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until such fine, penalty, or cost has been paid in full. The
clerk shall provide notice to the driver, at the driver's last
known address as shown on the court's records, stating that
such action will be effective on the 46th day following the
date of the above notice if payment is not received in full by
the court of venue.
(a-1) Whenever any resident of this State who has made a
partial payment on any traffic fine, penalty, or cost that was
imposed under a conviction entered on or after January 1, 2005
(the effective date of Public Act 93-788), for a violation of
this Code or a similar provision of a local ordinance, fails to
pay the remainder of the outstanding fine, penalty, or cost
within the time limit set by the court, the clerk may notify
the Secretary of State, on a report prescribed by the
Secretary, and the Secretary shall prohibit the renewal,
reissue, or reinstatement of the resident's driving privileges
until the fine, penalty, or cost has been paid in full. The
clerk shall provide notice to the driver, at the driver's last
known address as shown on the court's records, stating that
the action will be effective on the 46th day following the date
of the notice if payment is not received in full by the court
of venue.
(b) Except as provided in subsection (b-1), following
receipt of the report from the clerk, the Secretary of State
shall make the proper notation to the driver's file to
prohibit the renewal, reissue or reinstatement of such

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driver's driving privileges. Except as provided in paragraph
(2) of subsection (d) of this Section, such notation shall not
be removed from the driver's record until the driver satisfies
the outstanding fine, penalty, or cost and an appropriate
notice on a form prescribed by the Secretary is received by the
Secretary from the court of venue, stating that such fine,
penalty, or cost has been paid in full. Upon payment in full of
a traffic fine, penalty, or court cost which has previously
been reported under this Section as unpaid, the clerk of the
court shall present the driver with a signed receipt
containing the seal of the court indicating that such fine,
penalty, or cost has been paid in full, and shall forward
forthwith to the Secretary of State a notice stating that the
fine, penalty, or cost has been paid in full.
(b-1) In a county with a population of 3,000,000 or more,
following receipt of the report from the clerk, the Secretary
of State shall make the proper notation to the driver's file to
prohibit the renewal, reissue or reinstatement of such
driver's driving privileges. Such notation shall not be
removed from the driver's record until the driver satisfies
the outstanding fine, penalty, or cost and an appropriate
notice on a form prescribed by the Secretary is received by the
Secretary directly from the court of venue, stating that such
fine, penalty, or cost has been paid in full. Upon payment in
full of a traffic fine, penalty, or court cost which has
previously been reported under this Section as unpaid, the

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clerk of the court shall forward forthwith directly to the
Secretary of State a notice stating that the fine, penalty, or
cost has been paid in full and shall provide the driver with a
signed receipt containing the seal of the court, indicating
that the fine, penalty, and cost have been paid in full. The
receipt may not be used by the driver to clear the driver's
record.
(c) The provisions of this Section shall be limited to a
single action per arrest and as a post conviction measure
only. Fines, penalty, or costs to be collected subsequent to
orders of court supervision, or other available court
diversions are not applicable to this Section.
(d)(1) Notwithstanding the receipt of a report from the
clerk as prescribed in subsections (a) and (e), nothing in
this Section is intended to place any responsibility upon the
Secretary of State to provide independent notice to the driver
of any potential action to disallow the renewal, reissue or
reinstatement of such driver's driving privileges.
(2) Except as provided in subsection (b-1), the Secretary
of State shall renew, reissue or reinstate a driver's driving
privileges which were previously refused pursuant to this
Section upon presentation of an original receipt which is
signed by the clerk of the court and contains the seal of the
court indicating that the fine, penalty, or cost has been paid
in full. The Secretary of State shall retain such receipt for
his records.

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(e) Upon receipt of notification from another state that
is a member of the Nonresident Violator Compact of 1977,
stating a resident of this State failed to pay a traffic fine,
penalty, or cost imposed for a violation that occurs in
another state, the Secretary shall make the proper notation to
the driver's license file to prohibit the renewal, reissue, or
reinstatement of the resident's driving privileges until the
fine, penalty, or cost has been paid in full. The Secretary of
State shall renew, reissue, or reinstate the driver's driving
privileges that were previously refused under this Section
upon receipt of notification from the other state that
indicates that the fine, penalty, or cost has been paid in
full. The Secretary of State shall retain the out-of-state
receipt for his or her records.
Section 2-185. The Snowmobile Registration and Safety Act
is amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,

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other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or

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5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated an unvacated revocation of pretrial

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release; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced to
not less than one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or
a similar provision of a local ordinance who had a child under

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the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided in subsection (i)
of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used
to purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of

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alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of
a misdemeanor under this Section for a period of one year,
except that first-time offenders are exempt from this
mandatory one-year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of
5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
Section 2-190. The Clerks of Courts Act is amended by
changing Section 27.3b as follows:
(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
Sec. 27.3b. The clerk of court may accept payment of
fines, penalties, or costs by certified check, credit card, or
debit card approved by the clerk from an offender who has been
convicted of or placed on court supervision for a traffic
offense, petty offense, ordinance offense, or misdemeanor or

HB4336 - 267 - LRB103 35348 RLC 65412 b
who has been convicted of a felony offense. The clerk of the
circuit court shall accept credit card payments over the
Internet for fines, penalties, court costs, or costs from
offenders on voluntary electronic pleas of guilty in minor
traffic and conservation offenses to satisfy the requirement
of written pleas of guilty as provided in Illinois Supreme
Court Rule 529. The clerk of the court may also accept payment
of statutory fees by a credit card or debit card. The clerk of
the court may also accept the credit card or debit card for the
cash deposit of bail bond fees.
The clerk of the circuit court is authorized to enter into
contracts with credit card or debit card companies approved by
the clerk and to negotiate the payment of convenience and
administrative fees normally charged by those companies for
allowing the clerk of the circuit court to accept their credit
cards or debit cards in payment as authorized herein. The
clerk of the circuit court is authorized to enter into
contracts with third party fund guarantors, facilitators, and
service providers under which those entities may contract
directly with customers of the clerk of the circuit court and
guarantee and remit the payments to the clerk of the circuit
court. Where the offender pays fines, penalties, or costs by
credit card or debit card or through a third party fund
guarantor, facilitator, or service provider, or anyone paying
statutory fees of the circuit court clerk or the posting of
cash bail, the clerk shall collect a service fee of up to $5 or

HB4336 - 268 - LRB103 35348 RLC 65412 b
the amount charged to the clerk for use of its services by the
credit card or debit card issuer, third party fund guarantor,
facilitator, or service provider. This service fee shall be in
addition to any other fines, penalties, or costs. The clerk of
the circuit court is authorized to negotiate the assessment of
convenience and administrative fees by the third party fund
guarantors, facilitators, and service providers with the
revenue earned by the clerk of the circuit court to be remitted
to the county general revenue fund.
As used in this Section, "certified check" has the meaning
provided in Section 3-409 of the Uniform Commercial Code.
(Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)
Section 2-195. The Attorney Act is amended by changing
Section 9 as follows:
(705 ILCS 205/9) (from Ch. 13, par. 9)
Sec. 9. All attorneys and counselors at law, judges,
clerks and sheriffs, and all other officers of the several
courts within this state, shall be liable to be arrested and
held to bail terms of pretrial release, and shall be subject to
the same legal process, and may in all respects be prosecuted
and proceeded against in the same courts and in the same manner
as other persons are, any law, usage or custom to the contrary
notwithstanding: Provided, nevertheless, said judges,
counselors or attorneys, clerks, sheriffs and other officers

HB4336 - 269 - LRB103 35348 RLC 65412 b
of said courts, shall be privileged from arrest while
attending courts, and whilst going to and returning from
court.
(Source: R.S. 1874, p. 169; P.A. 101-652, eff. 1-1-23.)
Section 2-200. The Juvenile Court Act of 1987 is amended
by changing Sections 1-7, 1-8, and 5-150 as follows:
(705 ILCS 405/1-7)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under
this Section and Section 1-8 and Part 9 of Article V of this
Act, when their use is needed for good cause and with an order
from the juvenile court, as required by those not authorized
to retain them. Inspection, copying, and disclosure of
juvenile law enforcement records maintained by law enforcement
agencies or records of municipal ordinance violations
maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before the minor's 18th birthday shall be
restricted to the following:
(0.05) The minor who is the subject of the juvenile

HB4336 - 270 - LRB103 35348 RLC 65412 b
law enforcement record, the minor's parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,

HB4336 - 271 - LRB103 35348 RLC 65412 b
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
amount of bail conditions of pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized

HB4336 - 272 - LRB103 35348 RLC 65412 b
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of

HB4336 - 273 - LRB103 35348 RLC 65412 b
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and

HB4336 - 274 - LRB103 35348 RLC 65412 b
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record

HB4336 - 275 - LRB103 35348 RLC 65412 b
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district

HB4336 - 276 - LRB103 35348 RLC 65412 b
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, the Illinois State
Police, or the Federal Bureau of Investigation any fingerprint
or photograph relating to a minor who has been arrested or
taken into custody before the minor's 18th birthday, unless
the court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting

HB4336 - 277 - LRB103 35348 RLC 65412 b
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before the minor's 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their

HB4336 - 278 - LRB103 35348 RLC 65412 b
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section

HB4336 - 279 - LRB103 35348 RLC 65412 b
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any

HB4336 - 280 - LRB103 35348 RLC 65412 b
federal government, state, county or municipality examining
the character and fitness of an applicant for employment with
a law enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall
prohibit the victim or alleged victim of any sex offense from
voluntarily disclosing this identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,

HB4336 - 281 - LRB103 35348 RLC 65412 b
whichever is greater.
(Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
(705 ILCS 405/1-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, the

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minor's parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol, or
specific color apparel displayed, and whose members
individually or collectively engage in or have engaged in
a pattern of criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and

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individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail conditions of pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including
a hearing to determine the amount of bail conditions
of pretrial release, a pre-trial investigation, a
pre-sentence investigation, a fitness hearing, or
proceedings on an application for probation.
(5) Adult and Juvenile Prisoner Review Boards.

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(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,

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or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent
persons commitment proceedings.
(12) (Blank).
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding
Judge of the Juvenile Court, to the Department of Healthcare
and Family Services when necessary to discharge the duties of
the Department of Healthcare and Family Services under Article
X of the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.

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(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor,
and the minor's parents, guardian, and counsel shall at all
times have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding,
or operate to disqualify a minor from subsequently holding
public office, or operate as a forfeiture of any public
benefit, right, privilege, or right to receive any license
granted by public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights of Crime for Victims and Witnesses of Violent Crime

HB4336 - 287 - LRB103 35348 RLC 65412 b
Act; and the juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the
federal government, or any state, county, or municipality
examining the character and fitness of an applicant for
employment with a law enforcement agency, correctional
institution, or fire department to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which
were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school.
Access to the dispositional order shall be limited to the
principal or chief administrative officer of the school and
any school counselor designated by the principal or chief
administrative officer.
(G) Nothing contained in this Act prevents the sharing or

HB4336 - 288 - LRB103 35348 RLC 65412 b
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that court
shall request, and the court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
juvenile court record, including all documents, petitions, and
orders filed and the minute orders, transcript of proceedings,
and docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the
Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before the minor's
18th birthday for those offenses required to be reported under
Section 5 of the Criminal Identification Act. Information
reported to the Illinois State Police Department under this
Section may be maintained with records that the Illinois State
Police Department files under Section 2.1 of the Criminal
Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014

HB4336 - 289 - LRB103 35348 RLC 65412 b
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.
7-28-23; revised 8-30-23.)
(705 ILCS 405/5-150)
Sec. 5-150. Admissibility of evidence and adjudications in
other proceedings.
(1) Evidence and adjudications in proceedings under this
Act shall be admissible:
(a) in subsequent proceedings under this Act
concerning the same minor; or
(b) in criminal proceedings when the court is to
determine the amount of bail conditions of pretrial
release, fitness of the defendant or in sentencing under
the Unified Code of Corrections; or
(c) in proceedings under this Act or in criminal
proceedings in which anyone who has been adjudicated
delinquent under Section 5-105 is to be a witness

HB4336 - 290 - LRB103 35348 RLC 65412 b
including the minor or defendant if the minor or defendant
testifies, and then only for purposes of impeachment and
pursuant to the rules of evidence for criminal trials; or
(d) in civil proceedings concerning causes of action
arising out of the incident or incidents which initially
gave rise to the proceedings under this Act.
(2) No adjudication or disposition under this Act shall
operate to disqualify a minor from subsequently holding public
office nor shall operate as a forfeiture of any right,
privilege or right to receive any license granted by public
authority.
(3) The court which adjudicated that a minor has committed
any offense relating to motor vehicles prescribed in Sections
4-102 and 4-103 of the Illinois Vehicle Code shall notify the
Secretary of State of that adjudication and the notice shall
constitute sufficient grounds for revoking that minor's
driver's license or permit as provided in Section 6-205 of the
Illinois Vehicle Code; no minor shall be considered a criminal
by reason thereof, nor shall any such adjudication be
considered a conviction.
(Source: P.A. 103-22, eff. 8-8-23.)
Section 2-205. The Criminal Code of 2012 is amended by
changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows:
(720 ILCS 5/26.5-5)

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Sec. 26.5-5. Sentence.
(a) Except as provided in subsection (b), a person who
violates any of the provisions of Section 26.5-1, 26.5-2, or
26.5-3 of this Article is guilty of a Class B misdemeanor.
Except as provided in subsection (b), a second or subsequent
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
is a Class A misdemeanor, for which the court shall impose a
minimum of 14 days in jail or, if public or community service
is established in the county in which the offender was
convicted, 240 hours of public or community service.
(b) In any of the following circumstances, a person who
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
shall be guilty of a Class 4 felony:
(1) The person has 3 or more prior violations in the
last 10 years of harassment by telephone, harassment
through electronic communications, or any similar offense
of any other state;
(2) The person has previously violated the harassment
by telephone provisions, or the harassment through
electronic communications provisions, or committed any
similar offense in any other state with the same victim or
a member of the victim's family or household;
(3) At the time of the offense, the offender was under
conditions of bail pretrial release, probation,
conditional discharge, mandatory supervised release or was
the subject of an order of protection, in this or any other

HB4336 - 292 - LRB103 35348 RLC 65412 b
state, prohibiting contact with the victim or any member
of the victim's family or household;
(4) In the course of the offense, the offender
threatened to kill the victim or any member of the
victim's family or household;
(5) The person has been convicted in the last 10 years
of a forcible felony as defined in Section 2-8 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(6) The person violates paragraph (5) of Section
26.5-2 or paragraph (4) of Section 26.5-3; or
(7) The person was at least 18 years of age at the time
of the commission of the offense and the victim was under
18 years of age at the time of the commission of the
offense.
(c) The court may order any person convicted under this
Article to submit to a psychiatric examination.
(Source: P.A. 101-652, eff. 1-1-23.)
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.
(a) A person who knowingly:
(1) resists arrest, or
(2) obstructs the performance by one known to the
person to be a peace officer, firefighter, or correctional
institution employee of any authorized act within his or

HB4336 - 293 - LRB103 35348 RLC 65412 b
her official capacity commits a Class A misdemeanor.
(a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or
community service.
(a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 4 felony.
(b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State
farm, reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation
of parole, a violation of aftercare release, a violation of
mandatory supervised release, or awaiting a bail setting
hearing or preliminary hearing on setting the conditions of
pretrial release, or who are sexually dangerous persons or who

HB4336 - 294 - LRB103 35348 RLC 65412 b
are sexually violent persons; and "firefighter" means any
individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire
protection district who performs fire fighting duties,
including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person,
pipe person, and any other member of a regularly constituted
fire department. "Firefighter" also means a person employed by
the Office of the State Fire Marshal to conduct arson
investigations.
(c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of
one known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
(d) A person shall not be subject to arrest for resisting
arrest under this Section unless there is an underlying
offense for which the person was initially subject to arrest.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
(720 ILCS 5/31A-0.1)
Sec. 31A-0.1. Definitions. For the purposes of this
Article:
"Deliver" or "delivery" means the actual, constructive or
attempted transfer of possession of an item of contraband,
with or without consideration, whether or not there is an

HB4336 - 295 - LRB103 35348 RLC 65412 b
agency relationship.
"Employee" means any elected or appointed officer, trustee
or employee of a penal institution or of the governing
authority of the penal institution, or any person who performs
services for the penal institution pursuant to contract with
the penal institution or its governing authority.
"Item of contraband" means any of the following:
(i) "Alcoholic liquor" as that term is defined in
Section 1-3.05 of the Liquor Control Act of 1934.
(ii) "Cannabis" as that term is defined in subsection
(a) of Section 3 of the Cannabis Control Act.
(iii) "Controlled substance" as that term is defined
in the Illinois Controlled Substances Act.
(iii-a) "Methamphetamine" as that term is defined in
the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(iv) "Hypodermic syringe" or hypodermic needle, or any
instrument adapted for use of controlled substances or
cannabis by subcutaneous injection.
(v) "Weapon" means any knife, dagger, dirk, billy,
razor, stiletto, broken bottle, or other piece of glass
which could be used as a dangerous weapon. This term
includes any of the devices or implements designated in
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
this Code, or any other dangerous weapon or instrument of
like character.

HB4336 - 296 - LRB103 35348 RLC 65412 b
(vi) "Firearm" means any device, by whatever name
known, which is designed to expel a projectile or
projectiles by the action of an explosion, expansion of
gas or escape of gas, including but not limited to:
(A) any pneumatic gun, spring gun, or B-B gun
which expels a single globular projectile not
exceeding .18 inch in diameter; or
(B) any device used exclusively for signaling or
safety and required as recommended by the United
States Coast Guard or the Interstate Commerce
Commission; or
(C) any device used exclusively for the firing of
stud cartridges, explosive rivets or industrial
ammunition; or
(D) any device which is powered by electrical
charging units, such as batteries, and which fires one
or several barbs attached to a length of wire and
which, upon hitting a human, can send out current
capable of disrupting the person's nervous system in
such a manner as to render him or her incapable of
normal functioning, commonly referred to as a stun gun
or taser.
(vii) "Firearm ammunition" means any self-contained
cartridge or shotgun shell, by whatever name known, which
is designed to be used or adaptable to use in a firearm,
including but not limited to:

HB4336 - 297 - LRB103 35348 RLC 65412 b
(A) any ammunition exclusively designed for use
with a device used exclusively for signaling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; or
(B) any ammunition designed exclusively for use
with a stud or rivet driver or other similar
industrial ammunition.
(viii) "Explosive" means, but is not limited to, bomb,
bombshell, grenade, bottle or other container containing
an explosive substance of over one-quarter ounce for like
purposes such as black powder bombs and Molotov cocktails
or artillery projectiles.
(ix) "Tool to defeat security mechanisms" means, but
is not limited to, handcuff or security restraint key,
tool designed to pick locks, popper, or any device or
instrument used to or capable of unlocking or preventing
from locking any handcuff or security restraints, doors to
cells, rooms, gates or other areas of the penal
institution.
(x) "Cutting tool" means, but is not limited to,
hacksaw blade, wirecutter, or device, instrument or file
capable of cutting through metal.
(xi) "Electronic contraband" for the purposes of
Section 31A-1.1 of this Article means, but is not limited
to, any electronic, video recording device, computer, or
cellular communications equipment, including, but not

HB4336 - 298 - LRB103 35348 RLC 65412 b
limited to, cellular telephones, cellular telephone
batteries, videotape recorders, pagers, computers, and
computer peripheral equipment brought into or possessed in
a penal institution without the written authorization of
the Chief Administrative Officer. "Electronic contraband"
for the purposes of Section 31A-1.2 of this Article,
means, but is not limited to, any electronic, video
recording device, computer, or cellular communications
equipment, including, but not limited to, cellular
telephones, cellular telephone batteries, videotape
recorders, pagers, computers, and computer peripheral
equipment.
"Penal institution" means any penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house or other institution or place
for the incarceration or custody of persons under sentence for
offenses awaiting trial or sentence for offenses, under arrest
for an offense, a violation of probation, a violation of
parole, a violation of aftercare release, or a violation of
mandatory supervised release, or awaiting a bail setting
hearing on the setting of conditions of pretrial release or
preliminary hearing; provided that where the place for
incarceration or custody is housed within another public
building this Article shall not apply to that part of the
building unrelated to the incarceration or custody of persons.
(Source: P.A. 101-652, eff. 1-1-23.)

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(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of conditions of pretrial release
bail bond.
(a) (Blank).
(a-1) Whoever, having been admitted to bail for appearance
before any court of this State, incurs a forfeiture of the bail
and knowingly fails to surrender himself or herself within 30
days following the date of the forfeiture, commits, if the
bail was given in connection with a charge of felony or pending
appeal or certiorari after conviction of any offense, a felony
of the next lower Class or a Class A misdemeanor if the
underlying offense was a Class 4 felony; or, if the bail was
given in connection with a charge of committing a misdemeanor,
or for appearance as a witness, commits a misdemeanor of the
next lower Class, but not less than a Class C misdemeanor.
(a-5) Any person who knowingly violates a condition of
pretrial release bail bond by possessing a firearm in
violation of his or her conditions of pretrial release bail
commits a Class 4 felony for a first violation and a Class 3
felony for a second or subsequent violation.
(b) Whoever, having been released pretrial under
conditions admitted to bail for appearance before any court of
this State, while charged with a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963, knowingly

HB4336 - 300 - LRB103 35348 RLC 65412 b
violates a condition of that release as set forth in Section
110-10, subsection (d) of the Code of Criminal Procedure of
1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to bail released
pretrial for appearance before any court of this State for a
felony, Class A misdemeanor or a criminal offense in which the
victim is a family or household member as defined in Article
112A of the Code of Criminal Procedure of 1963, is charged with
any other felony, Class A misdemeanor, or a criminal offense
in which the victim is a family or household member as defined
in Article 112A of the Code of Criminal Procedure of 1963 while
on this release, must appear before the court before bail is
statutorily set and may not be released by law enforcement
under 109-1 of the Code of Criminal Procedure of 1963 prior to
the court appearance.
(d) Nothing in this Section shall interfere with or
prevent the exercise by any court of its power to punish for
contempt. Any sentence imposed for violation of this Section
shall may be served consecutive to the sentence imposed for
the charge for which bail pretrial release had been granted
and with respect to which the defendant has been convicted.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
Section 2-210. The Criminal Code of 2012 is amended by
changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:

HB4336 - 301 - LRB103 35348 RLC 65412 b
(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

HB4336 - 302 - LRB103 35348 RLC 65412 b
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 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

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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

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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.

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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-687, eff. 12-17-21.)
(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.
(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 with the intent to reduce or prevent the intake of air.
"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

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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 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

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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;
102-687, eff. 12-17-21.)
(720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
Sec. 7-9. Use of force to prevent escape.
(a) A peace officer or other person who has an arrested
person in his custody is justified in the use of such force,
except deadly force, to prevent the escape of the arrested
person from custody as he would be justified in using if he
were arresting such person.
(b) A guard or other peace officer is justified in the use
of force, including force likely to cause death or great
bodily harm, which he reasonably believes to be necessary to
prevent the escape from a penal institution of a person whom
the officer reasonably believes to be lawfully detained in
such institution under sentence for an offense or awaiting
trial or commitment for an offense.
(c) Deadly force shall not be used to prevent escape under
this Section unless, based on the totality of the
circumstances, deadly force is necessary to prevent death or
great bodily harm to himself or such other person.
(Source: P.A. 101-652, eff. 7-1-21.)

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(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree murder; death penalties;
exceptions; separate hearings; proof; findings; appellate
procedures; reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing
the acts which cause the death:
(1) he or she either intends to kill or do great bodily
harm to that individual or another, or knows that such
acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong
probability of death or great bodily harm to that
individual or another; or
(3) he or she is attempting or committing a forcible
felony other than second degree murder he or she, acting
alone or with one or more participants, commits or
attempts to commit a forcible felony other than second
degree murder, and in the course of or in furtherance of
such crime or flight therefrom, he or she or another
participant causes the death of a person.
(b-1) Aggravating Factors. A defendant who at the time of
the commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree murder may
be sentenced to death if:
(1) the murdered individual was a peace officer,
employee of an institution or facility of the Department

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of Corrections or any similar local correctional agency,
or fireman killed in the course of performing his official
duties, to prevent the performance of his or her official
duties, or in retaliation for performing his or her
official duties, and the defendant knew or should have
known that the murdered individual was so employed; or
(2) the defendant has been convicted of murdering 2 or
more individuals under subsection (a) of this Section or
under any law of the United States or of any state which is
substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another; or
(3) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(4) the murder was committed by the defendant upon the
grounds of a school or grounds adjacent to a school, or is
in any part of a building used for school purposes; or
(5) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code; or

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(6) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or other
building, structure, or place used for religious worship.
(b-6) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if:
(i) the murdered individual was a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse,
(ii) the defendant knew or should have known that the
murdered individual was a physician, physician assistant,
psychologist, nurse, or advanced practice registered
nurse, and
(iii) the murdered individual was killed in the course
of acting in his or her capacity as a physician, physician
assistant, psychologist, nurse, or advanced practice
registered nurse, or to prevent him or her from acting in
that capacity, or in retaliation for his or her acting in
that capacity.
(c-1) Consideration of factors in Aggravation and
Mitigation. The court shall consider, or shall instruct the
jury to consider any aggravating and any mitigating factors
which are relevant to the imposition of the death penalty.

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Aggravating factors may include but need not be limited to
those factors set forth in subsection (b-1). Mitigating
factors may include but need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity. Provided, however, that an action that does not
otherwise mitigate first degree murder cannot qualify as a
mitigating factor for first degree murder because of the
discovery, knowledge, or disclosure of the victim's sexual
orientation as defined in Section 1-103 of the Illinois
Human Rights Act.

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(d-1) Separate sentencing hearing. Where requested by the
State, the court shall conduct a separate sentencing
proceeding to determine the existence of factors set forth in
subsection (b-1) and to consider any aggravating or mitigating
factors as indicated in subsection (c-1). The proceeding shall
be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
(A) the defendant was convicted upon a plea of
guilty; or
(B) the defendant was convicted after a trial
before the court sitting without a jury; or
(C) the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e-1) Evidence and Argument. During the proceeding any
information relevant to any of the factors set forth in
subsection (b-1) may be presented by either the State or the
defendant under the rules governing the admission of evidence
at criminal trials. Any information relevant to any additional
aggravating factors or any mitigating factors indicated in
subsection (c-1) may be presented by the State or defendant
regardless of its admissibility under the rules governing the

HB4336 - 313 - LRB103 35348 RLC 65412 b
admission of evidence at criminal trials. The State and the
defendant shall be given fair opportunity to rebut any
information received at the hearing.
(f-1) Proof. The burden of proof of establishing the
existence of any of the factors set forth in subsection (b-1)
is on the State and shall not be satisfied unless established
beyond a reasonable doubt.
(g-1) Procedure - Jury. If at the separate sentencing
proceeding the jury finds that none of the factors set forth in
subsection (b-1) exists, the court shall sentence the
defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections. If there is a unanimous finding
by the jury that one or more of the factors set forth in
subsection (b-1) exist, the jury shall consider aggravating
and mitigating factors as instructed by the court and shall
determine whether the sentence of death shall be imposed. If
the jury determines unanimously, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the court shall sentence the defendant to death. If
the court does not concur with the jury determination that
death is the appropriate sentence, the court shall set forth
reasons in writing including what facts or circumstances the
court relied upon, along with any relevant documents, that
compelled the court to non-concur with the sentence. This
document and any attachments shall be part of the record for
appellate review. The court shall be bound by the jury's

HB4336 - 314 - LRB103 35348 RLC 65412 b
sentencing determination. If after weighing the factors in
aggravation and mitigation, one or more jurors determines that
death is not the appropriate sentence, the court shall
sentence the defendant to a term of imprisonment under Chapter
V of the Unified Code of Corrections.
(h-1) Procedure - No Jury. In a proceeding before the
court alone, if the court finds that none of the factors found
in subsection (b-1) exists, the court shall sentence the
defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections. If the Court determines that one
or more of the factors set forth in subsection (b-1) exists,
the Court shall consider any aggravating and mitigating
factors as indicated in subsection (c-1). If the Court
determines, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the Court
shall sentence the defendant to death. If the court finds that
death is not the appropriate sentence, the court shall
sentence the defendant to a term of imprisonment under Chapter
V of the Unified Code of Corrections.
(h-6) Decertification as a capital case. In a case in
which the defendant has been found guilty of first degree
murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written
motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence

HB4336 - 315 - LRB103 35348 RLC 65412 b
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section
115-21 of the Code of Criminal Procedure of 1963, concerning
the confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or
single accomplice without any other corroborating evidence. If
the court decertifies the case as a capital case under either
of the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the
sentencing hearing.
(i-1) Appellate Procedure. The conviction and sentence of
death shall be subject to automatic review by the Supreme
Court. Such review shall be in accordance with rules
promulgated by the Supreme Court. The Illinois Supreme Court
may overturn the death sentence, and order the imposition of
imprisonment under Chapter V of the Unified Code of
Corrections if the court finds that the death sentence is
fundamentally unjust as applied to the particular case. If the
Illinois Supreme Court finds that the death sentence is
fundamentally unjust as applied to the particular case,
independent of any procedural grounds for relief, the Illinois
Supreme Court shall issue a written opinion explaining this
finding.

HB4336 - 316 - LRB103 35348 RLC 65412 b
(j-1) Disposition of reversed death sentence. If the death
penalty in this Act is held to be unconstitutional by the
Supreme Court of the United States or of the State of Illinois,
any person convicted of first degree murder shall be sentenced
by the court to a term of imprisonment under Chapter V of the
Unified Code of Corrections. If any death sentence pursuant to
the sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k-1) Guidelines for seeking the death penalty. The
Attorney General and State's Attorneys Association shall
consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(b) (Blank).
(b-5) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank)..

HB4336 - 317 - LRB103 35348 RLC 65412 b
(h-5) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
Sec. 33-3. Official misconduct.
(a) A public officer or employee or special government
agent commits misconduct when, in his official capacity or
capacity as a special government agent, he or she commits any
of the following acts:
(1) Intentionally or recklessly fails to perform any
mandatory duty as required by law; or
(2) Knowingly performs an act which he knows he is
forbidden by law to perform; or
(3) With intent to obtain a personal advantage for
himself or another, he performs an act in excess of his
lawful authority; or
(4) Solicits or knowingly accepts for the performance
of any act a fee or reward which he knows is not authorized
by law.
(b) An employee of a law enforcement agency commits
misconduct when he or she knowingly uses or communicates,
directly or indirectly, information acquired in the course of
employment, with the intent to obstruct, impede, or prevent

HB4336 - 318 - LRB103 35348 RLC 65412 b
the investigation, apprehension, or prosecution of any
criminal offense or person. Nothing in this subsection (b)
shall be construed to impose liability for communicating to a
confidential resource, who is participating or aiding law
enforcement, in an ongoing investigation.
(c) A public officer or employee or special government
agent convicted of violating any provision of this Section
forfeits his or her office or employment or position as a
special government agent. In addition, he or she commits a
Class 3 felony.
(d) For purposes of this Section, "special : "Special
government agent" has the meaning ascribed to it in subsection
(l) of Section 4A-101 of the Illinois Governmental Ethics Act.
(Source: P.A. 101-652, eff. 7-1-21.)
Section 2-212. The Criminal Code of 2012 is amended by
adding Section 32-15.1 as follows:
(720 ILCS 5/32-15.1 new)
Sec. 32-15.1. Bail bond false statement. Any person who in
any affidavit, document, schedule or other application to
become surety or bail for another on any bail bond or
recognizance in any civil or criminal proceeding then pending
or about to be started against the other person, having taken a
lawful oath or made affirmation, shall swear or affirm
wilfully, corruptly and falsely as to the ownership or liens

HB4336 - 319 - LRB103 35348 RLC 65412 b
or incumbrances upon or the value of any real or personal
property alleged to be owned by the person proposed as surety
or bail, the financial worth or standing of the person
proposed as surety or bail, or as to the number or total
penalties of all other bonds or recognizances signed by and
standing against the proposed surety or bail, or any person
who, having taken a lawful oath or made affirmation, shall
testify wilfully, corruptly and falsely as to any of said
matters for the purpose of inducing the approval of any such
bail bond or recognizance; or for the purpose of justifying on
any such bail bond or recognizance, or who shall suborn any
other person to so swear, affirm or testify as aforesaid,
shall be deemed and adjudged guilty of perjury or subornation
of perjury (as the case may be) and punished accordingly.
(720 ILCS 5/7-15 rep.)
(720 ILCS 5/7-16 rep.)
(720 ILCS 5/33-9 rep.)
Section 2-215. The Criminal Code of 2012 is amended by
repealing Sections 7-15, 7-16, and 33-9.
Section 2-220. The Code of Criminal Procedure of 1963 is
amended by changing the heading of Article 110 and by changing
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,
110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,

HB4336 - 320 - LRB103 35348 RLC 65412 b
110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23,
113-3.1, 114-1, 115-4.1, and 122-6 and by adding Section
110-3.1 as follows:
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
Sec. 102-6. "Bail". Pretrial release. "Bail" means the
amount of money set by the court which is required to be
obligated and secured as provided by law for the release of a
person in custody in order that he will appear before the court
in which his appearance may be required and that he will comply
with such conditions as set forth in the bail bond. "Pretrial
release" has the meaning ascribed to bail in Section 9 of
Article I of the Illinois Constitution where the sureties
provided are nonmonetary in nature.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
Sec. 102-7. Conditions of pretrial release. "Bail
bond"."Bail bond" means an undertaking secured by bail entered
into by a person in custody by which he binds himself to comply
with such conditions as are set forth therein. "Conditions of
pretrial release" means the requirements imposed upon a
criminal defendant by the court under Section 110-5.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)

HB4336 - 321 - LRB103 35348 RLC 65412 b
Sec. 103-5. Speedy trial.)
(a) Every person in custody in this State for an alleged
offense shall be tried by the court having jurisdiction within
120 days from the date he or she was taken into custody unless
delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a
fitness hearing, by an adjudication of unfitness to stand
trial, by a continuance allowed pursuant to Section 114-4 of
this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal.
Delay shall be considered to be agreed to by the defendant
unless he or she objects to the delay by making a written
demand for trial or an oral demand for trial on the record. The
provisions of this subsection (a) do not apply to a person on
bail pretrial release or recognizance for an offense but who
is in custody for a violation of his or her parole, aftercare
release, or mandatory supervised release for another offense.
The 120-day term must be one continuous period of
incarceration. In computing the 120-day term, separate periods
of incarceration may not be combined. If a defendant is taken
into custody a second (or subsequent) time for the same
offense, the term will begin again at day zero.
(b) Every person on bail pretrial release or recognizance
shall be tried by the court having jurisdiction within 160
days from the date defendant demands trial unless delay is
occasioned by the defendant, by an examination for fitness

HB4336 - 322 - LRB103 35348 RLC 65412 b
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act
after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal. The
defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made
under this subsection.
For purposes of computing the 160 day period under this
subsection (b), every person who was in custody for an alleged
offense and demanded trial and is subsequently released on
bail pretrial release or recognizance and demands trial, shall
be given credit for time spent in custody following the making
of the demand while in custody. Any demand for trial made under
this subsection (b) shall be in writing; and in the case of a
defendant not in custody, the demand for trial shall include
the date of any prior demand made under this provision while
the defendant was in custody.
(c) If the court determines that the State has exercised
without success due diligence to obtain evidence material to
the case and that there are reasonable grounds to believe that
such evidence may be obtained at a later day the court may
continue the cause on application of the State for not more
than an additional 60 days. If the court determines that the
State has exercised without success due diligence to obtain
results of DNA testing that is material to the case and that

HB4336 - 323 - LRB103 35348 RLC 65412 b
there are reasonable grounds to believe that such results may
be obtained at a later day, the court may continue the cause on
application of the State for not more than an additional 120
days.
(d) Every person not tried in accordance with subsections
(a), (b) and (c) of this Section shall be discharged from
custody or released from the obligations of the person's bail
his pretrial release or recognizance.
(e) If a person is simultaneously in custody upon more
than one charge pending against him in the same county, or
simultaneously demands trial upon more than one charge pending
against him in the same county, he shall be tried, or adjudged
guilty after waiver of trial, upon at least one such charge
before expiration relative to any of such pending charges of
the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining
charges thus pending within 160 days from the date on which
judgment relative to the first charge thus prosecuted is
rendered pursuant to the Unified Code of Corrections or, if
such trial upon such first charge is terminated without
judgment and there is no subsequent trial of, or adjudication
of guilt after waiver of trial of, such first charge within a
reasonable time, the person shall be tried upon all of the
remaining charges thus pending within 160 days from the date
on which such trial is terminated; if either such period of 160
days expires without the commencement of trial of, or

HB4336 - 324 - LRB103 35348 RLC 65412 b
adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall
be dismissed and barred for want of prosecution unless delay
is occasioned by the defendant, by an examination for fitness
ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness for trial, by a
continuance allowed pursuant to Section 114-4 of this Act
after a court's determination of the defendant's physical
incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has
exercised without success due diligence to obtain evidence
material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later day the
court may continue the cause on application of the State for
not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily
suspend for the time of the delay the period within which a
person shall be tried as prescribed by subsections (a), (b),
or (e) of this Section and on the day of expiration of the
delay the said period shall continue at the point at which it
was suspended. Where such delay occurs within 21 days of the
end of the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section,
the court may continue the cause on application of the State
for not more than an additional 21 days beyond the period
prescribed by subsections (a), (b), or (e). This subsection

HB4336 - 325 - LRB103 35348 RLC 65412 b
(f) shall become effective on, and apply to persons charged
with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights. Every sheriff, chief
of police or other person who is in charge of any jail, police
station or other building where persons under arrest are held
in custody pending investigation, bail pretrial release or
other criminal proceedings, shall post in every room, other
than cells, of such buildings where persons are held in
custody, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large
type, containing a verbatim copy in the English language of
the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
110-4, and sub-parts (a) and (b) of Sections 110-7.1, and
113-3 of this Code. Each person who is in charge of any
courthouse or other building in which any trial of an offense
is conducted shall post in each room primarily used for such
trials and in each room in which defendants are confined or
wait, pending trial, in conspicuous places where it may be
seen and read by persons in custody and others, a poster,
printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103-6, 113-1,
113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of
this Code.

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(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
Sec. 103-9. Bail bondsmen. No bail bondsman from any state
may seize or transport unwillingly any person found in this
State who is allegedly in violation of a bail bond posted in
some other state or conditions of pretrial release. The return
of any such person to another state may be accomplished only as
provided by the laws of this State. Any bail bondsman who
violates this Section is fully subject to the criminal and
civil penalties provided by the laws of this State for his
actions.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, clinical psychologist or psychiatrist employed by
the Department of Human Services shall be ordered to perform,
in his official capacity, an examination under this Section.
(b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more
physicians and in addition, such other experts as it may deem

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appropriate to examine the defendant and to report to the
court regarding the defendant's condition.
(c) An examination ordered under this Section shall be
given at the place designated by the person who will conduct
the examination, except that if the defendant is being held in
custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization
or extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other
than a screening examination, for not more than 7 days. The
court may, upon a showing of good cause, grant an additional 7
days to complete the examination.
(d) Release on bail pretrial release or on recognizance
shall not be revoked and an application therefor shall not be
denied on the grounds that an examination has been ordered.
(e) Upon request by the defense and if the defendant is
indigent, the court may appoint, in addition to the expert or
experts chosen pursuant to subsection (a) of this Section, a
qualified expert selected by the defendant to examine him and
to make a report as provided in Section 104-15. Upon the filing
with the court of a verified statement of services rendered,

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the court shall enter an order on the county board to pay such
expert a reasonable fee stated in the order.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on bail pretrial release or on his own recognizance, the court
shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may
order him placed for secure treatment in the custody of the
Department of Human Services, or the court may order him
placed in the custody of any other appropriate public or
private mental health facility or treatment program which has
agreed to provide treatment to the defendant. If the most
serious charge faced by the defendant is a misdemeanor, the
court shall order outpatient treatment, unless the court finds
good cause on the record to order inpatient treatment. If the
court orders the defendant to inpatient treatment in the
custody of the Department of Human Services, the Department
shall evaluate the defendant to determine the most appropriate
secure facility to receive the defendant and, within 20 days
of the transmittal by the clerk of the circuit court of the

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court's placement order, notify the court of the designated
facility to receive the defendant. The Department shall admit
the defendant to a secure facility within 60 days of the
transmittal of the court's placement order, unless the
Department can demonstrate good faith efforts at placement and
a lack of bed and placement availability. If placement cannot
be made within 60 days of the transmittal of the court's
placement order and the Department has demonstrated good faith
efforts at placement and a lack of bed and placement
availability, the Department shall provide an update to the
ordering court every 30 days until the defendant is placed.
Once bed and placement availability is determined, the
Department shall notify the sheriff who shall promptly
transport the defendant to the designated facility. If the
defendant is placed in the custody of the Department of Human
Services, the defendant shall be placed in a secure setting.
During the period of time required to determine bed and
placement availability at the designated facility, the
defendant shall remain in jail. If during the course of
evaluating the defendant for placement, the Department of
Human Services determines that the defendant is currently fit
to stand trial, it shall immediately notify the court and
shall submit a written report within 7 days. In that
circumstance the placement shall be held pending a court
hearing on the Department's report. Otherwise, upon completion
of the placement process, including identifying bed and

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placement availability, the sheriff shall be notified and
shall transport the defendant to the designated facility. If,
within 60 days of the transmittal by the clerk of the circuit
court of the court's placement order, the Department fails to
provide the sheriff with notice of bed and placement
availability at the designated facility, the sheriff shall
contact the Department to inquire about when a placement will
become available at the designated facility as well as bed and
placement availability at other secure facilities. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status
of the evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. The placement may be ordered
either on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department
of Human Services which shall place and maintain the defendant
in a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to

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the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or
institution, if any, to which the defendant is remanded for
treatment, the following:
(1) a certified copy of the order to undergo
treatment. Accompanying the certified copy of the order to
undergo treatment shall be the complete copy of any report
prepared under Section 104-15 of this Code or other report
prepared by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of admission to the designated
facility, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of

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unfitness. For a defendant charged with a felony, the period
of time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense. If the
report indicates that there is a substantial probability that
the defendant will attain fitness within the time period, the
treatment supervisor shall also file a treatment plan which
shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference two-way audio-visual
communication system.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may

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permit the personal appearance to be made by means of a two-way
audio-visual communication system, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint, at which bail will be set; as provided
in subsection (f) of Section 109-1;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(b) The two-way audio-visual communication facilities must

HB4336 - 334 - LRB103 35348 RLC 65412 b
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of a two-way
audio-visual communication, upon waiver of any right the
person in custody or confinement may have to be present
physically. system if the person in custody or confinement
waives the right to be present physically in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months.
(d) Nothing in this Section shall be construed to
establish a right of any person held in custody or confinement
to appear in court through a two-way audio-visual
communication system or to require that any governmental
entity, or place of custody or confinement, provide a two-way
audio-visual communication system.
(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;

HB4336 - 335 - LRB103 35348 RLC 65412 b
102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests in
any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that
occurred in the officer's primary jurisdiction and the
temporary questioning or arrest relates to, arises from, or is

HB4336 - 336 - LRB103 35348 RLC 65412 b
conducted pursuant to that investigation; or (2) if the
officer, while on duty as a peace officer, becomes personally
aware of the immediate commission of a felony or misdemeanor
violation of the laws of this State; or (3) if the officer,
while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render
aid or assistance to the requesting law enforcement agency
that is outside the officer's primary jurisdiction; or (4) in
accordance with Section 2605-580 of the Illinois State Police
Law of the Civil Administrative Code of Illinois. While acting
pursuant to this subsection, an officer has the same authority
as within his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the ground
that he has committed an offense in the other State has the
same authority to arrest and hold the person in custody as
peace officers of this State have to arrest and hold a person
in custody on the ground that he has committed an offense in
this State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person

HB4336 - 337 - LRB103 35348 RLC 65412 b
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit
the person arrested, to await for a reasonable time the
issuance of an extradition warrant by the Governor of this
State, or admit him to bail pretrial release for such purpose.
If the court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that
an offense has been committed, it shall examine upon oath or
affirmation the complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if not
known the accused may be designated by any name or
description by which he can be identified with reasonable
certainty;
(2) State the offense with which the accused is
charged;
(3) State the time and place of the offense as
definitely as can be done by the complainant; and

HB4336 - 338 - LRB103 35348 RLC 65412 b
(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons is sought and the
request is made by electronic means that has a simultaneous
video and audio transmission between the requester and a
judge, the judge may issue an arrest warrant or summons based
upon a sworn complaint or sworn testimony communicated in the
transmission.
(c) A warrant shall or summons may be issued by the court
for the arrest or appearance of the person complained against
if it appears from the contents of the complaint and the
examination of the complainant or other witnesses, if any,
that the person against whom the complaint was made has
committed an offense.
(d) The warrant of arrest or summons shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the person
to be arrested or summoned or, if his name, sex or birth
date is unknown, shall designate such person by any name
or description by which the person can be identified with
reasonable certainty;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of the judge's office; and
(6) Command that the person against whom the complaint

HB4336 - 339 - LRB103 35348 RLC 65412 b
was made to be arrested and brought before the court
issuing the warrant or if he is absent or unable to act
before the nearest or most accessible court in the same
county issuing the warrant or the nearest or most
accessible court in the same county, or appear before the
court at a certain time and place;
(7) Specify the amount of bail conditions of pretrial
release, if any; and
(8) Specify any geographical limitation placed on the
execution of the warrant, if any, but such limitation
shall not be expressed in mileage.
(e) The summons may be served in the same manner as the
summons in a civil action, except that a police officer may
serve a summons for a violation of an ordinance occurring
within the municipality of the police officer.
(f) If the person summoned fails to appear by the date
required or cannot be located to serve the summons, a warrant
may be issued by the court for the arrest of the person
complained against.
(g) A warrant of arrest issued under this Section shall
incorporate the information included in the summons, and shall
comply with the following:
(1) The arrest warrant shall specify any geographic
limitation placed on the execution of the warrant, but
such limitation shall not be expressed in mileage.
(e) (2) The arrest warrant shall be directed to all peace

HB4336 - 340 - LRB103 35348 RLC 65412 b
officers in the State. It shall be executed by the peace
officer, or by a private person specially named therein, at
any location within the geographic limitation for execution
placed on the warrant. If no geographic limitation is placed
on the warrant, then it may be executed anywhere in the State.
(f) (h) The arrest warrant or summons may be issued
electronically or electromagnetically by use of electronic
mail or a facsimile transmission machine and any such arrest
warrant or summons shall have the same validity as a written
arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
Sec. 107-11. When summons may be issued.
(a) When authorized to issue a warrant of arrest, a court
may instead issue a summons.
(b) The summons shall:
(1) Be in writing;
(2) State the name of the person summoned and his or
her address, if known;
(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality or
county where issued;
(5) Be signed by the judge of the court with the title
of his or her office; and

HB4336 - 341 - LRB103 35348 RLC 65412 b
(6) Command the person to appear before a court at a
certain time and place.
(c) The summons may be served in the same manner as the
summons in a civil action or by certified or regular mail,
except that police officers may serve summons for violations
of ordinances occurring within their municipalities.
(Source: P.A. 102-1104, eff. 12-6-22.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement
custody and court appearance; geographic constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, within
48 hours, and a charge shall be filed. Whenever a person
arrested either with or without a warrant is required to be
taken before a judge, a charge may be filed against such person
by way of a two-way closed circuit television system
audio-visual communication system, except that a hearing to
deny pretrial release bail to the defendant may not be

HB4336 - 342 - LRB103 35348 RLC 65412 b
conducted by way of closed circuit television two-way
audio-visual communication system unless the accused waives
the right to be present physically in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months..
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of any offense that is not a felony or Class A
misdemeanor unless (i) a law enforcement officer reasonably
believes the accused poses a threat to the community or any
person, (ii) a custodial arrest is necessary because the
criminal activity persists after the issuance of a citation,
or (iii) the accused has an obvious medical or mental health
issue that poses a risk to the accused's own safety. Nothing in
this Section requires arrest in the case of Class A
misdemeanor and felony offenses, or otherwise limits existing
law enforcement discretion to decline to effect a custodial
arrest.
(a-3) A person arrested with or without a warrant for an

HB4336 - 343 - LRB103 35348 RLC 65412 b
offense for which pretrial release may not be denied may,
except as otherwise provided in this Code, be released by a law
enforcement officer without appearing before a judge. A
presumption in favor of pretrial release shall be applied by
an arresting officer in the exercise of his or her discretion
under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release bail is
determined under Article 110 of this Code. If the defendant
desires counsel for his or her initial appearance but is
unable to obtain counsel, the court shall appoint a public
defender or licensed attorney at law of this State to
represent him or her for purposes of that hearing.
(b) Upon initial appearance of a person before the court,
the The judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release bail in
accordance with the provisions of Article 110/5 110 of

HB4336 - 344 - LRB103 35348 RLC 65412 b
this Code, or upon verified petition of the State, proceed
with the setting of a detention hearing as provided in
Section 110-6.1; and
(5) order Order the confiscation of the person's
passport or impose travel restrictions on a defendant
arrested for first degree murder or other violent crime as
defined in Section 3 of the Rights of Crime Victims and
Witnesses Act, if the judge determines, based on the
factors in Section 110-5 of this Code, that this will
reasonably ensure the appearance of the defendant and
compliance by the defendant with all conditions of
release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of the Rights of Crime Victims and Witnesses
Act and shall be informed of their opportunity at this hearing
to obtain an order of protection under Article 112A of this
Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those

HB4336 - 345 - LRB103 35348 RLC 65412 b
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by two-way audio-video communication system unless
the accused waives the right to be present physically in
court, the court determines that the physical health and
safety of any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of the
circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by the
chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts

HB4336 - 346 - LRB103 35348 RLC 65412 b
every 6 months.
(g) Defense counsel shall be given adequate opportunity to
confer with the defendant prior to any hearing in which
conditions of release or the detention of the defendant is to
be considered, with a physical accommodation made to
facilitate attorney/client consultation. If defense counsel
needs to confer or consult with the defendant during any
hearing conducted via a two-way audio-visual communication
system, such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
102-1104, eff. 1-1-23.)
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county.
(a) Any person arrested in a county other than the one in
which a warrant for his arrest was issued shall be taken
without unnecessary delay before the nearest and most
accessible judge in the county where the arrest was made or, if
no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was
issued. He shall be admitted to bail in the amount specified in
the warrant or, for offenses other than felonies, in an amount
as set by the judge, and such bail shall be conditioned on his
appearing in the court issuing the warrant on a certain date.
The judge may hold a hearing to determine if the defendant is

HB4336 - 347 - LRB103 35348 RLC 65412 b
the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any
person arrested in a county other than the one in which a
warrant for his arrest was issued, may waive the right to be
taken before a judge in the county where the arrest was made.
If a person so arrested waives such right, the arresting
agency shall surrender such person to a law enforcement agency
of the county that issued the warrant without unnecessary
delay. The provisions of Section 109-1 shall then apply to the
person so arrested.
(c) If a person is taken before a judge in any county and a
warrant for arrest issued by another Illinois county exists
for that person, the court in the arresting county shall hold
for that person a detention hearing under Section 110-6.1, or
other hearing under Section 110-5 or Section 110-6.
(d) After the court in the arresting county has determined
whether the person shall be released or detained on the
arresting offense, the court shall then order the sheriff to
immediately contact the sheriff in any county where any
warrant is outstanding and notify them of the arrest of the
individual.
(e) If a person has a warrant in another county for an
offense, then, no later than 5 calendar days after the end of
any detention issued on the charge in the arresting county,
the county where the warrant is outstanding shall do one of the
following:

HB4336 - 348 - LRB103 35348 RLC 65412 b
(1) transport the person to the county where the
warrant was issued for a hearing under Section 110-6 or
110-6.1 in the matter for which the warrant was issued; or
(2) quash the warrant and order the person released on
the case for which the warrant was issued only when the
county that issued the warrant fails to transport the
defendant in the timeline as proscribed.
(f) If the issuing county fails to take any action under
subsection (e) within 5 calendar days, the defendant shall be
released from custody on the warrant, and the circuit judge or
associate circuit judge in the county of arrest shall set
conditions of release under Section 110-5 and shall admit the
defendant to pretrial release for his or her appearance before
the court named in the warrant. Upon releasing the defendant,
the circuit judge or associate circuit judge shall certify
such a fact on the warrant and deliver the warrant and the
acknowledgment by the defendant of his or her receiving the
conditions of pretrial release to the officer having charge of
the defendant from arrest and without delay deliver such
warrant and such acknowledgment by the defendant of his or her
receiving the conditions to the court before which the
defendant is required to appear.
(g) If a person has a warrant in another county, in lieu of
transporting the person to the issuing county as outlined in
subsection (e), the issuing county may hold the hearing by way
of a two-way audio-visual communication system if the accused

HB4336 - 349 - LRB103 35348 RLC 65412 b
waives the right to be physically present in court, the court
determines that the physical health and safety of any person
necessary to the proceedings would be endangered by appearing
in court, or the chief judge of the circuit orders use of that
system due to operational challenges in conducting the hearing
in person. Such operational challenges must be documented and
approved by the chief judge of the circuit, and a plan to
address the challenges through reasonable efforts must be
presented and approved by the Administrative Office of the
Illinois Courts every 6 months.
(h) If more than 2 Illinois county warrants exist, the
judge in the county of arrest shall order that the process
described in subsections (d) through (f) occur in each county
in whatever order the judge finds most appropriate. Each judge
in each subsequent county shall then follow the rules in this
Section.
(i) This Section applies only to warrants issued by
Illinois state, county, or municipal courts.
(j) When an issuing agency is contacted by an out-of-state
agency of a person arrested for any offense, or when an
arresting agency is contacted by or contacts an out-of-state
issuing agency, the Uniform Criminal Extradition Act shall
govern.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)

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Sec. 109-3. Preliminary examination.
(a) The judge shall hold the defendant to answer to the
court having jurisdiction of the offense if from the evidence
it appears there is probable cause to believe an offense has
been committed by the defendant, as provided in Section
109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the
judge shall hold him to answer and may, or on the demand of the
prosecuting attorney shall, cause the witnesses for the State
to be examined. After hearing the testimony if it appears that
there is not probable cause to believe the defendant guilty of
any offense the judge shall discharge him.
(c) During the examination of any witness or when the
defendant is making a statement or testifying the judge may
and on the request of the defendant or State shall exclude all
other witnesses. He may also cause the witnesses to be kept
separate and to be prevented from communicating with each
other until all are examined.
(d) If the defendant is held to answer the judge may
require any material witness for the State or defendant to
enter into a written undertaking to appear at the trial, and
may provide for the forfeiture of a sum certain in the event
the witness does not appear at the trial. Any witness who
refuses to execute a recognizance may be committed by the
judge to the custody of the sheriff until trial or further
order of the court having jurisdiction of the cause. Any

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witness who executes a recognizance and fails to comply with
its terms shall, in addition to any forfeiture provided in the
recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of bail bond
commits a Class C misdemeanor.
(e) During preliminary hearing or examination the
defendant may move for an order of suppression of evidence
pursuant to Section 114-11 or 114-12 of this Act or for other
reasons, and may move for dismissal of the charge pursuant to
Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons charged with felonies.
(a) In any case involving a person charged with a felony in
this State, alleged to have been committed on or after January
1, 1984, the provisions of this Section shall apply.
(b) Every person in custody in this State for the alleged
commission of a felony shall receive either a preliminary
examination as provided in Section 109-3 or an indictment by
Grand Jury as provided in Section 111-2, within 30 days from
the date he or she was taken into custody. Every person on bail
or recognizance released pretrial for the alleged commission
of a felony shall receive either a preliminary examination as
provided in Section 109-3 or an indictment by Grand Jury as
provided in Section 111-2, within 60 days from the date he or

HB4336 - 352 - LRB103 35348 RLC 65412 b
she was arrested.
The provisions of this paragraph shall not apply in the
following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand
Jury on the felony offense for which he or she was
initially taken into custody or on an offense arising from
the same transaction or conduct of the defendant that was
the basis for the felony offense or offenses initially
charged; or
(3) when a competency examination is ordered by the
court; or
(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial has
been made; or
(6) when the case has been continued by the court
under Section 114-4 of this Code after a determination
that the defendant is physically incompetent to stand
trial.
(c) Delay occasioned by the defendant shall temporarily
suspend, for the time of the delay, the period within which the
preliminary examination must be held. On the day of expiration
of the delay the period in question shall continue at the point
at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

HB4336 - 353 - LRB103 35348 RLC 65412 b
(725 ILCS 5/Art. 110 heading)
ARTICLE 110. BAIL PRETRIAL RELEASE
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
"Security" is that which is required to be pledged to
insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a
bail bond and binds himself to pay the bail if the person in
custody fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction.
"Real and present threat to the physical safety of any
person or persons", as used in this Article, includes a threat
to the community, person, persons or class of persons.
(d)(Blank).
(e) "Protective order" means any order of protection
issued under Section 112A-14 of this Code or the Illinois
Domestic Violence Act of 1986, a stalking no contact order

HB4336 - 354 - LRB103 35348 RLC 65412 b
issued under Section 80 of the Stalking No Contact Order Act,
or a civil no contact order issued under Section 213 of the
Civil No Contact Order Act.
(f) "Willful flight" means intentional conduct with a
purpose to thwart the judicial process to avoid prosecution.
Isolated instances of nonappearance in court alone are not
evidence of the risk of willful flight. Reoccurrence and
patterns of intentional conduct to evade prosecution, along
with any affirmative steps to communicate or remedy any such
missed court date, may be considered as factors in assessing
future intent to evade prosecution.
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
103-154, eff. 6-30-23.)
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Release on own recognizance Pretrial release.
When from all the circumstances the court is of the opinion
that the defendant will appear as required either before or
after conviction and the defendant will not pose a danger to
any person or the community and that the defendant will comply
with all conditions of bond, which shall include the
defendant's current address with a written admonishment to the
defendant that he or she must comply with the provisions of
Section 110-12 of this Code regarding any change in his or her
address, the defendant may be released on his or her own
recognizance. The defendant's address shall at all times

HB4336 - 355 - LRB103 35348 RLC 65412 b
remain a matter of public record with the clerk of the court. A
failure to appear as required by such recognizance shall
constitute an offense subject to the penalty provided in
Section 32-10 of the Criminal Code of 2012 for violation of the
bail bond, and any obligated sum fixed in the recognizance
shall be forfeited and collected in accordance with subsection
(g) of Section 110-7.1 of this Code.
This Section shall be liberally construed to effectuate
the purpose of relying upon contempt of court proceedings or
criminal sanctions instead of financial loss to assure the
appearance of the defendant, and that the defendant will not
pose a danger to any person or the community and that the
defendant will comply with all conditions of bond. Monetary
bail should be set only when it is determined that no other
conditions of release will reasonably assure the defendant's
appearance in court, that the defendant does not present a
danger to any person or the community and that the defendant
will comply with all conditions of bond.
The State may appeal any order permitting release by
personal recognizance.
(a) All persons charged with an offense shall be eligible
for pretrial release before conviction. It is presumed that a
defendant is entitled to release on personal recognizance on
the condition that the defendant attend all required court
proceedings and the defendant does not commit any criminal
offense, and complies with all terms of pretrial release,

HB4336 - 356 - LRB103 35348 RLC 65412 b
including, but not limited to, orders of protection under both
Section 112A-4 of this Code and Section 214 of the Illinois
Domestic Violence Act of 1986, all civil no contact orders,
and all stalking no contact orders. Pretrial release may be
denied only if a person is charged with an offense listed in
Section 110-6.1 and after the court has held a hearing under
Section 110-6.1, and in a manner consistent with subsections
(b), (c), and (d) of this Section.
(b) At all pretrial hearings, the prosecution shall have
the burden to prove by clear and convincing evidence that any
condition of release is necessary.
(c) When it is alleged that pretrial release should be
denied to a person upon the grounds that the person presents a
real and present threat to the safety of any person or persons
or the community, based on the specific articulable facts of
the case, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that pretrial release should be
denied to a person charged with stalking or aggravated
stalking upon the grounds set forth in Section 110-6.3, the
burden of proof of those allegations shall be upon the State.
(e) This Section shall be liberally construed to
effectuate the purpose of relying on pretrial release by
nonmonetary means to reasonably ensure an eligible person's
appearance in court, the protection of the safety of any other
person or the community, that the person will not attempt or

HB4336 - 357 - LRB103 35348 RLC 65412 b
obstruct the criminal justice process, and the person's
compliance with all conditions of release, while authorizing
the court, upon motion of a prosecutor, to order pretrial
detention of the person under Section 110-6.1 when it finds
clear and convincing evidence that no condition or combination
of conditions can reasonably ensure the effectuation of these
goals.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-3.1 new)
Sec. 110-3.1. Issuance of warrant.
(a) Upon failure to comply with any condition of a bail
bond or recognizance the court having jurisdiction at the time
of such failure may, in addition to any other action provided
by law, issue a warrant for the arrest of the person at liberty
on bail or his own recognizance. The contents of such a warrant
shall be the same as required for an arrest warrant issued upon
complaint. When a defendant is at liberty on bail or his own
recognizance on a felony charge and fails to appear in court as
directed, the court shall issue a warrant for the arrest of
such person. Such warrant shall be noted with a directive to
peace officers to arrest the person and hold such person
without bail and to deliver such person before the court for
further proceedings.
(b) A defendant who is arrested or surrenders within 30
days of the issuance of such warrant shall not be bailable in

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the case in question unless he shows by the preponderance of
the evidence that his failure to appear was not intentional.
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure
the appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into
account such matters as the nature and circumstances of the
offense charged, whether the evidence shows that as part of
the offense there was a use of violence or threatened use of
violence, whether the offense involved corruption of public
officials or employees, whether there was physical harm or
threats of physical harm to any public official, public
employee, judge, prosecutor, juror or witness, senior citizen,
child, or person with a disability, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by

HB4336 - 359 - LRB103 35348 RLC 65412 b
the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with
further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in
another county, state or foreign country, the defendant's
employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of
birth, and length of residence in the community, the consent
of the defendant to periodic drug testing in accordance with
Section 110-6.5-1, whether a foreign national defendant is
lawfully admitted in the United States of America, whether the
government of the foreign national maintains an extradition
treaty with the United States by which the foreign government
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion
under the immigration laws of the United States, whether the

HB4336 - 360 - LRB103 35348 RLC 65412 b
defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in

HB4336 - 361 - LRB103 35348 RLC 65412 b
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or

HB4336 - 362 - LRB103 35348 RLC 65412 b
allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may
include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at

HB4336 - 363 - LRB103 35348 RLC 65412 b
all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court

HB4336 - 364 - LRB103 35348 RLC 65412 b
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing
consistent with this subsection (b-5). At the conclusion of

HB4336 - 365 - LRB103 35348 RLC 65412 b
the hearing, the court must issue an order either approving or
disapproving the bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or
setting a given amount for bail.
(f) When a person is charged with 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 when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence

HB4336 - 366 - LRB103 35348 RLC 65412 b
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
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;
(9) 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;
(10) 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 or victim's family member
or members;

HB4336 - 367 - LRB103 35348 RLC 65412 b
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint;
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"

HB4336 - 368 - LRB103 35348 RLC 65412 b
means a spouse or a current or former partner in a cohabitation
or dating relationship.
(a) In determining which conditions of pretrial release,
if any, will reasonably ensure the appearance of a defendant
as required or the safety of any other person or the community
and the likelihood of compliance by the defendant with all the
conditions of pretrial release, the court shall, on the basis
of available information, take into account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the defendant,
except that the court may consider the admissibility of
any evidence sought to be excluded;
(3) the history and characteristics of the defendant,
including:
(A) the defendant's character, physical and mental
condition, family ties, employment, financial
resources, length of residence in the community,
community ties, past relating to drug or alcohol
abuse, conduct, history criminal history, and record
concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the defendant was on probation, parole, or on
other release pending trial, sentencing, appeal, or
completion of sentence for an offense under federal
law, or the law of this or any other state;

HB4336 - 369 - LRB103 35348 RLC 65412 b
(4) the nature and seriousness of the real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, that would be posed by the defendant's release, if
applicable, as required under paragraph (7.5) of Section 4
of the Rights of Crime Victims and Witnesses Act;
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the defendant's release, if
applicable;
(6) when a person is charged with a violation of a
protective order, domestic battery, aggravated domestic
battery, kidnapping, aggravated kidnaping, unlawful
restraint, aggravated unlawful restraint, cyberstalking,
harassment by telephone, harassment through electronic
communications, or an attempt to commit first degree
murder committed against a spouse or a current or former
partner in a cohabitation or dating relationship,
regardless of whether an order of protection has been
issued against the person, the court may consider the
following additional factors:
(A) whether the alleged incident involved
harassment or abuse, as defined in the Illinois
Domestic Violence Act of 1986;
(B) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence

HB4336 - 370 - LRB103 35348 RLC 65412 b
Act of 1986, or a history of other criminal acts;
(C) the mental health of the person;
(D) whether the person has a history of violating
the orders of any court or governmental entity;
(E) whether the person has been, or is,
potentially a threat to any other person;
(F) whether the person has access to deadly
weapons or a history of using deadly weapons;
(G) whether the person has a history of abusing
alcohol or any controlled substance;
(H) the severity of the alleged incident that is
the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a
weapon, 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;
(I) whether a separation of the person from the
victim of abuse or a termination of the relationship
between the person and the victim of abuse has
recently occurred or is pending;
(J) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance,
or isolation of the victim of abuse or the victim's

HB4336 - 371 - LRB103 35348 RLC 65412 b
family member or members;
(K) whether the person has expressed suicidal or
homicidal ideations; and
(L) any other factors 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.
(7) in cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the factors listed in paragraph (6) and
the following additional factors:
(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;
(C) the nature of the threat that is the basis of
the charge against the defendant;
(D) any statements made by, or attributed to, the
defendant, together with the circumstances surrounding
them;

HB4336 - 372 - LRB103 35348 RLC 65412 b
(E) the age and physical condition of any person
allegedly assaulted by the defendant;
(F) whether the defendant is known to possess or
have access to any weapon or weapons; and
(G) any other factors 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.
(b) The court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided under Section 110-6.4. If a
risk assessment tool is used, the defendant's counsel shall be
provided with the information and scoring system of the risk
assessment tool used to arrive at the determination. The
defendant retains the right to challenge the validity of a
risk assessment tool used by the court and to present evidence
relevant to the defendant's challenge.
(c) The court shall impose any conditions that are
mandatory under subsection (a) of Section 110-10. The court
may impose any conditions that are permissible under
subsection (b) of Section 110-10. The conditions of release
imposed shall be the least restrictive conditions or
combination of conditions necessary to reasonably ensure the
appearance of the defendant as required or the safety of any
other person or persons or the community.
(d) When a person is charged with a violation of a

HB4336 - 373 - LRB103 35348 RLC 65412 b
protective order, the court may order the defendant placed
under electronic surveillance as a condition of pretrial
release, as provided in Section 5-8A-7 of the Unified Code of
Corrections, based on the information collected under
paragraph (6) of subsection (a) of this Section, the results
of any assessment conducted, or other circumstances of the
violation.
(e) If a person remains in pretrial detention 48 hours
after having been ordered released with pretrial conditions,
the court shall hold a hearing to determine the reason for
continued detention. If the reason for continued detention is
due to the unavailability or the defendant's ineligibility for
one or more pretrial conditions previously ordered by the
court or directed by a pretrial services agency, the court
shall reopen the conditions of release hearing to determine
what available pretrial conditions exist that will reasonably
ensure the appearance of a defendant as required, the safety
of any other person, and the likelihood of compliance by the
defendant with all the conditions of pretrial release. The
inability of the defendant to pay for a condition of release or
any other ineligibility for a condition of pretrial release
shall not be used as a justification for the pretrial
detention of that defendant.
(f) Prior to the defendant's first appearance, and with
sufficient time for meaningful attorney-client contact to
gather information in order to advocate effectively for the

HB4336 - 374 - LRB103 35348 RLC 65412 b
defendant's pretrial release, the court shall appoint the
public defender or a licensed attorney at law of this State to
represent the defendant for purposes of that hearing, unless
the defendant has obtained licensed counsel. Defense counsel
shall have access to the same documentary information relied
upon by the prosecution and presented to the court.
(f-5) At each subsequent appearance of the defendant
before the court, the judge must find that the current
conditions imposed are necessary to reasonably ensure the
appearance of the defendant as required, the safety of any
other person, and the compliance of the defendant with all the
conditions of pretrial release. The court is not required to
be presented with new information or a change in circumstance
to remove pretrial conditions.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a condition of pretrial
release if a no less restrictive condition of release or
combination of less restrictive condition of release would
reasonably ensure the appearance of the defendant for later
hearings or protect an identifiable person or persons from
imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement, the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
home confinement, at the same rate described in subsection (b)

HB4336 - 375 - LRB103 35348 RLC 65412 b
of Section 5-4.5-100 of the Unified Code of Corrections. The
court may give custodial credit to a defendant for each day the
defendant was subjected to GPS monitoring without home
confinement or electronic monitoring without home confinement.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical
harm. If the court finds that there are less restrictive
conditions of release, the court shall order that the
condition be removed. This subsection takes effect January 1,
2022.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(k) The State and defendants may appeal court orders
imposing conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
1-1-23.)

HB4336 - 376 - LRB103 35348 RLC 65412 b
(725 ILCS 5/110-5.2)
Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial
detainee.
(a) It is the policy of this State that a pre-trial
detainee shall not be required to deliver a child while in
custody absent a finding by the court that continued pre-trial
custody is necessary to protect the public or the victim of the
offense on which the charge is based alleviate a real and
present threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, or prevent the defendant's willful flight.
(b) If the court reasonably believes that a pre-trial
detainee will give birth while in custody, the court shall
order an alternative to custody unless, after a hearing, the
court determines:
(1) that the release of the pregnant pre-trial
detainee would pose a real and present threat to the
physical safety of the alleged victim of the offense and
continuing custody is necessary to prevent the fulfillment
of the threat upon which the charge is based; or the
pregnant pretrial detainee is charged with an offense for
which pretrial release may be denied under Section
110-6.1; and
(2) that the release of the pregnant pre-trial
detainee would pose a real and present threat to the
physical safety of any person or persons or the general

HB4336 - 377 - LRB103 35348 RLC 65412 b
public after a hearing under Section 110-6.1 that
considers the circumstances of the pregnancy, the court
determines that continued detention is the only way to
prevent a real and present threat to the safety of any
person or persons or the community, based on the specific
articulable facts of the case, or prevent the defendant's
willful flight.
(c) The court may order a pregnant or post-partum detainee
to be subject to electronic monitoring as a condition of
pre-trial release or order other condition or combination of
conditions the court reasonably determines are in the best
interest of the detainee and the public. Electronic Monitoring
may be ordered by the court only if no less restrictive
condition of release or combination of less restrictive
conditions of release would reasonably ensure the appearance,
or continued appearance, of the defendant for later hearings
or protect an identifiable person or persons from imminent
threat of serious physical harm. All pregnant people or those
who have given birth within 6 weeks shall be granted ample
movement to attend doctor's appointments and for emergencies
related to the health of the pregnancy, infant, or postpartum
person.
(d) This Section shall be applicable to a pregnant
pre-trial detainee in custody on or after the effective date
of this amendatory Act of the 100th General Assembly.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

HB4336 - 378 - LRB103 35348 RLC 65412 b
(725 ILCS 5/110-6)
Sec. 110-6. Modification of bail or conditions Revocation
of pretrial release, modification of conditions of pretrial
release, and sanctions for violations of conditions of
pretrial release.
(a) Upon verified application by the State or the
defendant or on its own motion the court before which the
proceeding is pending may increase or reduce the amount of
bail or may alter the conditions of the bail bond or grant bail
where it has been previously revoked or denied. If bail has
been previously revoked pursuant to subsection (f) of this
Section or if bail has been denied to the defendant pursuant to
subsection (e) of Section 110-6.1 or subsection (e) of Section
110-6.3-1, the defendant shall be required to present a
verified application setting forth in detail any new facts not
known or obtainable at the time of the previous revocation or
denial of bail proceedings. If the court grants bail where it
has been previously revoked or denied, the court shall state
on the record of the proceedings the findings of facts and
conclusion of law upon which such order is based.
(a-5) In addition to any other available motion or
procedure under this Code, a person in custody solely for a
Category B offense due to an inability to post monetary bail
shall be brought before the court at the next available court
date or 7 calendar days from the date bail was set, whichever

HB4336 - 379 - LRB103 35348 RLC 65412 b
is earlier, for a rehearing on the amount or conditions of bail
or release pending further court proceedings. The court may
reconsider conditions of release for any other person whose
inability to post monetary bail is the sole reason for
continued incarceration, including a person in custody for a
Category A offense or a Category A offense and a Category B
offense. The court may deny the rehearing permitted under this
subsection (a-5) 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.
(b) Violation of the conditions of Section 110-10 of this
Code or any special conditions of bail as ordered by the court
shall constitute grounds for the court to increase the amount
of bail, or otherwise alter the conditions of bail, or, where
the alleged offense committed on bail is a forcible felony in
Illinois or a Class 2 or greater offense under the Illinois
Controlled Substances Act, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act, revoke
bail pursuant to the appropriate provisions of subsection (e)
of this Section.
(c) Reasonable notice of such application by the defendant
shall be given to the State.
(d) Reasonable notice of such application by the State
shall be given to the defendant, except as provided in
subsection (e).

HB4336 - 380 - LRB103 35348 RLC 65412 b
(e) Upon verified application by the State stating facts
or circumstances constituting a violation or a threatened
violation of any of the conditions of the bail bond the court
may issue a warrant commanding any peace officer to bring the
defendant without unnecessary delay before the court for a
hearing on the matters set forth in the application. If the
actual court before which the proceeding is pending is absent
or otherwise unavailable another court may issue a warrant
pursuant to this Section. When the defendant is charged with a
felony offense and while free on bail is charged with a
subsequent felony offense and is the subject of a proceeding
set forth in Section 109-1 or 109-3 of this Code, upon the
filing of a verified petition by the State alleging a
violation of Section 110-10 (a) (4) of this Code, the court
shall without prior notice to the defendant, grant leave to
file such application and shall order the transfer of the
defendant and the application without unnecessary delay to the
court before which the previous felony matter is pending for a
hearing as provided in subsection (b) or this subsection of
this Section. The defendant shall be held without bond pending
transfer to and a hearing before such court. At the conclusion
of the hearing based on a violation of the conditions of
Section 110-10 of this Code or any special conditions of bail
as ordered by the court the court may enter an order increasing
the amount of bail or alter the conditions of bail as deemed
appropriate.

HB4336 - 381 - LRB103 35348 RLC 65412 b
(f) Where the alleged violation consists of the violation
of one or more felony statutes of any jurisdiction which would
be a forcible felony in Illinois or a Class 2 or greater
offense under the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act and the defendant is on bail for the
alleged commission of a felony, or where the defendant is on
bail for a felony domestic battery (enhanced pursuant to
subsection (b) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated unlawful
restraint or domestic battery in violation of item (1) of
subsection (a) of Section 12-3.2 of the Criminal Code of 1961
or the Criminal Code of 2012 against a family or household
member as defined in Section 112A-3 of this Code and the
violation is an offense of domestic battery against the same
victim the court shall, on the motion of the State or its own
motion, revoke bail in accordance with the following
provisions:
(1) The court shall hold the defendant without bail
pending the hearing on the alleged breach; however, if the
defendant is not admitted to bail the hearing shall be
commenced within 10 days from the date the defendant is
taken into custody or the defendant may not be held any
longer without bail, unless delay is occasioned by the
defendant. Where defendant occasions the delay, the

HB4336 - 382 - LRB103 35348 RLC 65412 b
running of the 10 day period is temporarily suspended and
resumes at the termination of the period of delay. Where
defendant occasions the delay with 5 or fewer days
remaining in the 10 day period, the court may grant a
period of up to 5 additional days to the State for good
cause shown. The State, however, shall retain the right to
proceed to hearing on the alleged violation at any time,
upon reasonable notice to the defendant and the court.
(2) At a hearing on the alleged violation the State
has the burden of going forward and proving the violation
by clear and convincing evidence. The evidence shall be
presented in open court with the opportunity to testify,
to present witnesses in his behalf, and to cross-examine
witnesses if any are called by the State, and
representation by counsel and if the defendant is indigent
to have counsel appointed for him. The rules of evidence
applicable in criminal trials in this State shall not
govern the admissibility of evidence at such hearing.
Information used by the court in its findings or stated in
or offered in connection with hearings for increase or
revocation of bail may be by way of proffer based upon
reliable information offered by the State or defendant.
All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible
under the rules of evidence applicable at criminal trials.
A motion by the defendant to suppress evidence or to

HB4336 - 383 - LRB103 35348 RLC 65412 b
suppress a confession shall not be entertained at such a
hearing. Evidence that proof may have been obtained as a
result of an unlawful search and seizure or through
improper interrogation is not relevant to this hearing.
(3) Upon a finding by the court that the State has
established by clear and convincing evidence that the
defendant has committed a forcible felony or a Class 2 or
greater offense under the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act while admitted to
bail, or where the defendant is on bail for a felony
domestic battery (enhanced pursuant to subsection (b) of
Section 12-3.2 of the Criminal Code of 1961 or the
Criminal Code of 2012), aggravated domestic battery,
aggravated battery, unlawful restraint, aggravated
unlawful restraint or domestic battery in violation of
item (1) of subsection (a) of Section 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against
a family or household member as defined in Section 112A-3
of this Code and the violation is an offense of domestic
battery, against the same victim, the court shall revoke
the bail of the defendant and hold the defendant for trial
without bail. 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

HB4336 - 384 - LRB103 35348 RLC 65412 b
115-10.1 of this Code or in a perjury proceeding.
(4) If the bail of any defendant is revoked pursuant
to paragraph (f) (3) of this Section, the defendant may
demand and shall be entitled to be brought to trial on the
offense with respect to which he was formerly released on
bail within 90 days after the date on which his bail was
revoked. If the defendant is not brought to trial within
the 90 day period required by the preceding sentence, 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.
(5) If the defendant either is arrested on a warrant
issued pursuant to this Code or is arrested for an
unrelated offense and it is subsequently discovered that
the defendant is a subject of another warrant or warrants
issued pursuant to this Code, the defendant shall be
transferred promptly to the court which issued such
warrant. If, however, the defendant appears initially
before a court other than the court which issued such
warrant, the non-issuing court shall not alter the amount
of bail set on such warrant unless the court sets forth on
the record of proceedings the conclusions of law and facts
which are the basis for such altering of another court's
bond. The non-issuing court shall not alter another
court's bail set on a warrant unless the interests of

HB4336 - 385 - LRB103 35348 RLC 65412 b
justice and public safety are served by such action.
(g) The State may appeal any order where the court has
increased or reduced the amount of bail or altered the
conditions of the bail bond or granted bail where it has
previously been revoked.
(a) When a defendant has previously been granted pretrial
release under this Section for a felony or Class A
misdemeanor, that pretrial release may be revoked only if the
defendant is charged with a felony or Class A misdemeanor that
is alleged to have occurred during the defendant's pretrial
release after a hearing on the court's own motion or upon the
filing of a verified petition by the State.
When a defendant released pretrial is charged with a
violation of a protective order or was previously convicted of
a violation of a protective order and the subject of the
protective order is the same person as the victim in the
current underlying matter, the State shall file a verified
petition seeking revocation of pretrial release.
Upon the filing of a petition or upon motion of the court
seeking revocation, the court shall order the transfer of the
defendant and the petition or motion to the court before which
the previous felony or Class A misdemeanor is pending. The
defendant may be held in custody pending transfer to and a
hearing before such court. The defendant shall be transferred
to the court before which the previous matter is pending
without unnecessary delay, and the revocation hearing shall

HB4336 - 386 - LRB103 35348 RLC 65412 b
occur within 72 hours of the filing of the State's petition or
the court's motion for revocation.
A hearing at which pretrial release may be revoked must be
conducted in person (and not by way of two-way audio-visual
communication) unless the accused waives the right to be
present physically in court, the court determines that the
physical health and safety of any person necessary to the
proceedings would be endangered by appearing in court, or the
chief judge of the circuit orders use of that system due to
operational challenges in conducting the hearing in person.
Such operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented and
approved by the Administrative Office of the Illinois Courts
every 6 months.
The court before which the previous felony matter or Class
A misdemeanor is pending may revoke the defendant's pretrial
release after a hearing. During the hearing for revocation,
the defendant shall be represented by counsel and have an
opportunity to be heard regarding the violation and evidence
in mitigation. The court shall consider all relevant
circumstances, including, but not limited to, the nature and
seriousness of the violation or criminal act alleged. The
State shall bear the burden of proving, by clear and
convincing evidence, that no condition or combination of
conditions of release would reasonably ensure the appearance

HB4336 - 387 - LRB103 35348 RLC 65412 b
of the defendant for later hearings or prevent the defendant
from being charged with a subsequent felony or Class A
misdemeanor.
In lieu of revocation, the court may release the defendant
pre-trial, with or without modification of conditions of
pretrial release.
If the case that caused the revocation is dismissed, the
defendant is found not guilty in the case causing the
revocation, or the defendant completes a lawfully imposed
sentence on the case causing the revocation, the court shall,
without unnecessary delay, hold a hearing on conditions of
pretrial release pursuant to Section 110-5 and release the
defendant with or without modification of conditions of
pretrial release.
Both the State and the defendant may appeal an order
revoking pretrial release or denying a petition for revocation
of release.
(b) If a defendant previously has been granted pretrial
release under this Section for a Class B or Class C misdemeanor
offense, a petty or business offense, or an ordinance
violation and if the defendant is subsequently charged with a
felony that is alleged to have occurred during the defendant's
pretrial release or a Class A misdemeanor offense that is
alleged to have occurred during the defendant's pretrial
release, such pretrial release may not be revoked, but the
court may impose sanctions under subsection (c).

HB4336 - 388 - LRB103 35348 RLC 65412 b
(c) The court shall follow the procedures set forth in
Section 110-3 to ensure the defendant's appearance in court if
the defendant:
(1) fails to appear in court as required by the
defendant's conditions of release;
(2) is charged with a felony or Class A misdemeanor
offense that is alleged to have occurred during the
defendant's pretrial release after having been previously
granted pretrial release for a Class B or Class C
misdemeanor, a petty or business offense, or an ordinance
violation that is alleged to have occurred during the
defendant's pretrial release;
(3) is charged with a Class B or C misdemeanor
offense, petty or business offense, or ordinance violation
that is alleged to have occurred during the defendant's
pretrial release; or
(4) violates any other condition of pretrial release
set by the court.
In response to a violation described in this subsection,
the court may issue a warrant specifying that the defendant
must appear before the court for a hearing for sanctions and
may not be released by law enforcement before that appearance.
(d) When a defendant appears in court pursuant to a
summons or warrant issued in accordance with Section 110-3 or
after being arrested for an offense that is alleged to have
occurred during the defendant's pretrial release, the State

HB4336 - 389 - LRB103 35348 RLC 65412 b
may file a verified petition requesting a hearing for
sanctions.
(e) During the hearing for sanctions, the defendant shall
be represented by counsel and have an opportunity to be heard
regarding the violation and evidence in mitigation. The State
shall bear the burden of proving by clear and convincing
evidence that:
(1) the defendant committed an act that violated a
term of the defendant's pretrial release;
(2) the defendant had actual knowledge that the
defendant's action would violate a court order;
(3) the violation of the court order was willful; and
(4) the violation was not caused by a lack of access to
financial monetary resources.
(f) Sanctions for violations of pretrial release may
include:
(1) a verbal or written admonishment from the court;
(2) imprisonment in the county jail for a period not
exceeding 30 days;
(3) (Blank); or
(4) a modification of the defendant's pretrial
conditions.
(g) The court may, at any time, after motion by either
party or on its own motion, remove previously set conditions
of pretrial release, subject to the provisions in this
subsection. The court may only add or increase conditions of

HB4336 - 390 - LRB103 35348 RLC 65412 b
pretrial release at a hearing under this Section.
The court shall not remove a previously set condition of
pretrial release regulating contact with a victim or witness
in the case, unless the subject of the condition has been given
notice of the hearing as required in paragraph (1) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act. If the subject of the condition of release
is not present, the court shall follow the procedures of
paragraph (10) of subsection (c-1) of the Rights of Crime
Victims and Witnesses Act.
(h) Crime victims shall be given notice by the State's
Attorney's office of all hearings under this Section as
required in paragraph (1) of subsection (b) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act and shall be
informed of their opportunity at these hearings to obtain a
protective order.
(i) Nothing in this Section shall be construed to limit
the State's ability to file a verified petition seeking denial
of pretrial release under subsection (a) of Section 110-6.1 or
subdivision (d)(2) of Section 110-6.1.
(j) At each subsequent appearance of the defendant before
the court, the judge must find that continued detention under
this Section is necessary to reasonably ensure the appearance
of the defendant for later hearings or to prevent the
defendant from being charged with a subsequent felony or Class
A misdemeanor.

HB4336 - 391 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.1 new)
Sec. 110-6.1. Denial of bail in non-probationable felony
offenses pretrial release.
(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 a felony offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction, when it is alleged that the defendant's admission
to bail poses a real and present threat to the physical safety
of any person or persons.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 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 such
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 a continuance on the
motion of the State may not exceed 3 calendar days. The

HB4336 - 392 - LRB103 35348 RLC 65412 b
defendant may be held in custody during such continuance.
(b) The court may deny bail to the defendant where, after
the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense for which a
sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, must be imposed by
law as a consequence of conviction, and
(2) the defendant poses a real and present threat to
the physical safety of any person or persons, by conduct
which may include, but is not limited to, a forcible
felony, the obstruction of justice, intimidation, injury,
physical harm, an offense under the Illinois Controlled
Substances Act which is a Class X felony, or an offense
under the Methamphetamine Control and Community Protection
Act which is a Class X felony, and
(3) the court finds that no condition or combination
of conditions set forth in subsection (b) of Section
110-10 of this Article, can reasonably assure the physical
safety of any other person or persons.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
dangerousness shall be conducted in accordance with the
following provisions:
(A) Information used by the court in its findings or
stated in or offered at such hearing may be by way of

HB4336 - 393 - LRB103 35348 RLC 65412 b
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 pre-trial detention hearing is not
to be used for 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

HB4336 - 394 - LRB103 35348 RLC 65412 b
person, if relied upon by the State in its petition.
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 the defendant poses a real and present threat
to the physical safety of any person or persons shall be
supported by clear and convincing evidence presented by
the State.
(d) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the physical
safety of any person or persons, consider but shall not be
limited to evidence or testimony concerning:

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(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon.
(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 such behavior. Such 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 which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat;
(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

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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 Article 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 such behavior.
(e) Detention order. The court shall, in any order for
detention:
(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

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defendant pursuant to 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 the preceding
sentence, 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.
(g) Rights of the defendant. 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.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a felony offense
other than a forcible felony for which, based on the
charge or the defendant's criminal history, a sentence of
imprisonment, without probation, periodic imprisonment or
conditional discharge, is required by law upon conviction,
and it is alleged that the defendant's pretrial release

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poses a real and present threat to the safety of any person
or persons or the community, based on the specific
articulable facts of the case;
(1.5) the defendant's pretrial release poses a real
and present threat to the safety of any person or persons
or the community, based on the specific articulable facts
of the case, and the defendant is charged with a forcible
felony, which as used in this Section, means treason,
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated robbery, robbery, burglary where there is use
of force against another person, residential burglary,
home invasion, vehicular invasion, aggravated arson,
arson, aggravated kidnaping, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement or any other felony which involves the
threat of or infliction of great bodily harm or permanent
disability or disfigurement;
(2) the defendant is charged with stalking or
aggravated stalking, and it is alleged that the
defendant's pre-trial release poses a real and present
threat to the safety of a victim of the alleged offense,
and denial of release is necessary to prevent fulfillment
of the threat upon which the charge is based;
(3) the defendant is charged with a violation of an

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order of protection issued under Section 112A-14 of this
Code or Section 214 of the Illinois Domestic Violence Act
of 1986, a stalking no contact order under Section 80 of
the Stalking No Contact Order Act, or of a civil no contact
order under Section 213 of the Civil No Contact Order Act,
and it is alleged that the defendant's pretrial release
poses a real and present threat to the safety of any person
or persons or the community, based on the specific
articulable facts of the case;
(4) the defendant is charged with domestic battery or
aggravated domestic battery under Section 12-3.2 or 12-3.3
of the Criminal Code of 2012 and it is alleged that the
defendant's pretrial release poses a real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case;
(5) the defendant is charged with any offense under
Article 11 of the Criminal Code of 2012, except for
Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
11-40, and 11-45 of the Criminal Code of 2012, or similar
provisions of the Criminal Code of 1961 and it is alleged
that the defendant's pretrial release poses a real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case;
(6) the defendant is charged with any of the following

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offenses under the Criminal Code of 2012, and it is
alleged that the defendant's pretrial release poses a real
and present threat to the safety of any person or persons
or the community, based on the specific articulable facts
of the case:
(A) Section 24-1.2 (aggravated discharge of a
firearm);
(B) Section 24-2.5 (aggravated discharge of a
machine gun or a firearm equipped with a device
designed or use for silencing the report of a
firearm);
(C) Section 24-1.5 (reckless discharge of a
firearm);
(D) Section 24-1.7 (armed habitual criminal);
(E) Section 24-2.2 (manufacture, sale or transfer
of bullets or shells represented to be armor piercing
bullets, dragon's breath shotgun shells, bolo shells,
or flechette shells);
(F) Section 24-3 (unlawful sale or delivery of
firearms);
(G) Section 24-3.3 (unlawful sale or delivery of
firearms on the premises of any school);
(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 (unlawful purchase of a
firearm);

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(J) Section 24-3A (gunrunning);
(K) Section 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful use
or possession of weapons by felons or persons in the
Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful use of a
weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);
(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) the defendant is charged with any of the

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following offenses, and it is alleged that the defendant's
pretrial release poses a real and present threat to the
safety of any person or persons or the community, based on
the specific articulable facts of the case:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);
(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child
under the age of 16);
(7) the defendant is charged with an attempt to commit

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any charge listed in paragraphs (1) through (6.5), and it
is alleged that the defendant's pretrial release poses a
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts of the case; or
(8) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in subdivisions (a)(1)
through (a)(7) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, as part of the
detention hearing, the court shall determine whether there is
probable cause the defendant has committed an offense, unless
a hearing pursuant to Section 109-3 of this Code has already
been held or a grand jury has returned a true bill of
indictment against the defendant. If there is a finding of no
probable cause, the defendant shall be released. No such
finding is necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or
within the 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 such
petition is pending before the court, the defendant if

HB4336 - 404 - LRB103 35348 RLC 65412 b
previously released shall not be detained.
(2) Upon filing, the court shall immediately hold a
hearing on the petition unless a continuance is requested.
If a continuance is requested and granted, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with first degree
murder or a Class X, Class 1, Class 2, or Class 3 felony,
and within 24 hours if the defendant is charged with a
Class 4 or misdemeanor offense. The Court may deny or
grant the request for continuance. If the court decides to
grant the continuance, the Court retains the discretion to
detain or release the defendant in the time between the
filing of the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts or flight risk, as appropriate.
(2) If the State seeks to file a second or subsequent
petition under this Section, the State shall be required
to present a verified application setting forth in detail
any new facts not known or obtainable at the time of the
filing of the previous petition.
(e) Eligibility: All defendants shall be presumed eligible

HB4336 - 405 - LRB103 35348 RLC 65412 b
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
subsection (a), and
(2) for offenses listed in paragraphs (1) through (7)
of subsection (a), the defendant poses a real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, by conduct which may include, but is not limited to,
a forcible felony, the obstruction of justice,
intimidation, injury, or abuse as defined by paragraph (1)
of Section 103 of the Illinois Domestic Violence Act of
1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate (i) the real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, for offenses
listed in paragraphs (1) through (7) of subsection (a), or
(ii) the defendant's willful flight for offenses listed in
paragraph (8) of subsection (a), and
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject
to paragraph (1) of subsection (a), no condition or
combination of conditions set forth in subsection (b) of

HB4336 - 406 - LRB103 35348 RLC 65412 b
Section 110-10 of this Article can mitigate the real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case, and the defendant poses a serious risk to not
appear in court as required.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
the defendant copies of the defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the prosecutor's possession at the time of the
hearing.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State. Defense counsel shall be given
adequate opportunity to confer with the defendant before
any hearing at which conditions of release or the
detention of the defendant are to be considered, with an
accommodation for a physical condition made to facilitate
attorney/client consultation. If defense counsel needs to

HB4336 - 407 - LRB103 35348 RLC 65412 b
confer or consult with the defendant during any hearing
conducted via a two-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of
two-way audio visual communication) unless the accused
waives the right to be present physically in court, the
court determines that the physical health and safety of
any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of
the circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented
and approved by the Administrative Office of the Illinois
Courts every 6 months.
(4) If the defense seeks to compel the complaining
witness to testify as a witness in its favor, it shall
petition the court for permission. 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 only on the issue of the defendant's pretrial

HB4336 - 408 - LRB103 35348 RLC 65412 b
detention. In making a determination under this Section,
the court shall state on the record the reason for
granting a defense request to compel the presence of a
complaining witness, and only grant the request if the
court finds by clear and convincing evidence that the
defendant will be materially prejudiced if the complaining
witness does not appear. 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
pre-trial detention hearing is not to be used for 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, if any, of the defendant's
criminal history, if available, and any written or
recorded statements and the substance of any oral
statements made by any person, if in the State's
Attorney's possession at the time of the hearing.
(5) 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

HB4336 - 409 - LRB103 35348 RLC 65412 b
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.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of
release, and detention prior to trial must be
individualized, and no single factor or standard may be
used exclusively to order detention. Risk assessment tools
may not be used as the sole basis to deny pretrial release.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the safety of any
person or persons or the community, based on the specific
articulable facts of the case, consider, but shall not be
limited to, evidence or testimony concerning:
(1) The nature and circumstances of any offense
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:

HB4336 - 410 - LRB103 35348 RLC 65412 b
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such 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 which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat.
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them.
(5) The age and physical condition of the defendant.
(6) The age and physical condition of any victim or
complaining witness.
(7) Whether the defendant is known to possess or have
access to any weapon or weapons.
(8) 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

HB4336 - 411 - LRB103 35348 RLC 65412 b
federal or state law.
(9) Any other factors, including those listed in
Section 110-5 of this Article 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 such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) make a written finding summarizing the court's
reasons for concluding that the defendant should be denied
pretrial release, including why less restrictive
conditions would not avoid a real and present threat to
the safety of any person or persons or the community,
based on the specific articulable facts of the case, or
prevent the defendant's willful flight from prosecution;
(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 or her choice by
visitation, mail and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. If the court enters an order for the

HB4336 - 412 - LRB103 35348 RLC 65412 b
detention of the defendant pursuant to 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
the preceding sentence, he shall not be denied pretrial
release. 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 and any period of delay resulting
from a continuance granted at the request of the State with
good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant
before the court, the judge must find that continued detention
is necessary to avoid a real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, or to prevent the
defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be
entitled to appeal any order entered under this Section
denying his or her pretrial release.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial
release.
(l) Presumption of innocence. Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal

HB4336 - 413 - LRB103 35348 RLC 65412 b
proceedings.
(m) Interest of victims.
(1) Crime victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(2) If the defendant is denied pretrial release, the court
may impose a no contact provision with the victim or other
interested party that shall be enforced while the defendant
remains in custody.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction detention.
(a) The court may order that a person who has been found
guilty of an offense and who is waiting imposition or
execution of sentence be held without bond release unless the
court finds by clear and convincing evidence that the person
is not likely to flee or pose a danger to any other person or
the community if released under Sections 110-5 and 110-10 of
this Act.
(b) The court may order that person who has been found
guilty of an offense and sentenced to a term of imprisonment be
held without bond release unless the court finds by clear and
convincing evidence that:

HB4336 - 414 - LRB103 35348 RLC 65412 b
(1) the person is not likely to flee or pose a danger
to the safety of any other person or the community if
released on bond pending appeal; and
(2) that the appeal is not for purpose of delay and
raises a substantial question of law or fact likely to
result in reversal or an order for a new trial.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-6.4)
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
Court may establish a statewide risk-assessment tool to be
used in proceedings to assist the court in establishing bail
conditions of pretrial release for a defendant by assessing
the defendant's likelihood of appearing at future court
proceedings or determining if the defendant poses a real and
present threat to the physical safety of any person or
persons. The Supreme Court shall consider establishing a
risk-assessment tool that does not discriminate on the basis
of race, gender, educational level, socio-economic status, or
neighborhood. If a risk-assessment tool is utilized within a
circuit that does not require a personal interview to be
completed, the Chief Judge of the circuit or the director of
the pretrial services agency may exempt the requirement under
Section 9 and subsection (a) of Section 7 of the Pretrial
Services Act.
For the purpose of this Section, "risk-assessment tool"

HB4336 - 415 - LRB103 35348 RLC 65412 b
means an empirically validated, evidence-based screening
instrument that demonstrates reduced instances of a
defendant's failure to appear for further court proceedings or
prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
101-652, eff. 1-1-23.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond pretrial release.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond pretrial release
shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and
process of the court;
(3) (Blank);
(3.1) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take

HB4336 - 416 - LRB103 35348 RLC 65412 b
custody of and impound the firearms and physically
surrender his or her Firearm Owner's Identification Card
to the clerk of the circuit court when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or
the Cannabis Control Act that is classified as a Class 2 or
greater felony, or any felony violation of Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card
to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 and that violation occurred in a
school or in any conveyance owned, leased, or contracted

HB4336 - 417 - LRB103 35348 RLC 65412 b
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
pretrial release under these circumstances, the court shall
order the defendant to refrain from entering upon the property
of the school, including any conveyance owned, leased, or
contracted by a school to transport students to or from school
or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon
receipt of the psychological evaluation, either the State or
the defendant may request a change in the conditions of bail
pretrial release, pursuant to Section 110-6 of this Code. The
court may change the conditions of bail pretrial release to
include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are

HB4336 - 418 - LRB103 35348 RLC 65412 b
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;

HB4336 - 419 - LRB103 35348 RLC 65412 b
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person
or organization agreeing to supervise his release. Such
third party custodian shall be responsible for notifying
the court if the defendant fails to observe the conditions
of release which the custodian has agreed to monitor, and
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of
the Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis, methamphetamine, or
controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee
that represents costs incidental to the electronic
monitoring for each day of such bail supervision ordered
by the court, unless after determining the inability of
the defendant to pay the fee, the court assesses a lesser
fee or no fee as the case may be. The fee shall be

HB4336 - 420 - LRB103 35348 RLC 65412 b
collected by the clerk of the circuit court, except as
provided in an administrative order of the Chief Judge of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services fund
under Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity

HB4336 - 421 - LRB103 35348 RLC 65412 b
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of
the circuit court shall pay all monies collected from this
fee to the county treasurer who shall use the monies
collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county
working cash fund under Section 6-27001 or Section 6-29002
of the Counties Code, as the case may be, except as
provided in an administrative order of the Chief Judge of
the circuit court.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders with regard to drug-related and
alcohol-related offenses, in which a vendor supplies and
monitors the operation of the electronic monitoring
device, and collects the fees on behalf of the county. The
program shall include provisions for indigent offenders
and the collection of unpaid fees. The program shall not
unduly burden the offender and shall be subject to review

HB4336 - 422 - LRB103 35348 RLC 65412 b
by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all
costs incidental to pretrial services in accordance with
his or her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from
operating a motor vehicle not equipped with an ignition
interlock device, as defined in Section 1-129.1 of the
Illinois Vehicle Code, pursuant to the rules promulgated
by the Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a

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vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course
and scope of the defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) Under Section 110-6.5-1 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(b) Additional conditions of release shall be set only
when it is determined that they are necessary to ensure the
defendant's appearance in court, ensure the defendant does not
commit any criminal offense, ensure the defendant complies
with all conditions of pretrial release, prevent the
defendant's unlawful interference with the orderly
administration of justice, or ensure compliance with the rules
and procedures of problem solving courts. However, conditions
shall include the least restrictive means and be
individualized. Conditions shall not mandate rehabilitative
services unless directly tied to the risk of pretrial
misconduct. Conditions of supervision shall not include
punitive measures such as community service work or
restitution. Conditions may include the following:

HB4336 - 424 - LRB103 35348 RLC 65412 b
(0.05) Not depart this State without leave of the
court;
(1) Report to or appear in person before such person
or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described geographic
areas or premises;
(5) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial home supervision capacity with or
without the use of an approved electronic monitoring
device subject to Article 8A of Chapter V of the Unified
Code of Corrections;
(6) For persons charged with violating Section 11-501
of the Illinois Vehicle Code, refrain from operating a
motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, pursuant to the rules promulgated by the
Secretary of State for the installation of ignition
interlock devices. Under this condition the court may
allow a defendant who is not self-employed to operate a
vehicle owned by the defendant's employer that is not
equipped with an ignition interlock device in the course

HB4336 - 425 - LRB103 35348 RLC 65412 b
and scope of the defendant's employment;
(7) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(8) Sign a written admonishment requiring that he or
she comply with the provisions of Section 110-12 regarding
any change in his or her address. The defendant's address
shall at all times remain a matter of record with the clerk
of the court; and
(9) Such other reasonable conditions as the court may
impose, so long as these conditions are the least
restrictive means to achieve the goals listed in
subsection (b), are individualized, and are in accordance
with national best practices as detailed in the Pretrial
Supervision Standards of the Supreme Court.
The defendant shall receive verbal and written
notification of conditions of pretrial release and future
court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, involving a victim who is a minor under
18 years of age living in the same household with the defendant
at the time of the offense, in granting bail or releasing the

HB4336 - 426 - LRB103 35348 RLC 65412 b
defendant on his or her recognizance, the judge shall impose
conditions to restrict the defendant's access to the victim
which may include, but are not limited to conditions that he
will:
1. Vacate the household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond pretrial release forms for use in cases
involving family or household members as defined in Article
112A, including specific conditions of bond pretrial release

HB4336 - 427 - LRB103 35348 RLC 65412 b
as provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit
the applicability and enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail released after
conviction following appeal or other post-conviction
proceeding, the conditions of the bail bond pretrial release
shall be that he will, in addition to the conditions set forth
in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as
the court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was bailed released.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond being released pending
sentencing.
(h) In the event the defendant is unable to post bond, the
court may impose a no contact provision with the victim or
other interested party that shall be enforced while the

HB4336 - 428 - LRB103 35348 RLC 65412 b
defendant remains in custody.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Bail Pretrial release on a new trial. If the
judgment of conviction is reversed and the cause remanded for
a new trial the trial court may order that thebail conditions
of pretrial release stand pending such trial, or reduce or
increase bail modify the conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address. A defendant who
has been admitted to bail pretrial release shall file a
written notice with the clerk of the court before which the
proceeding is pending of any change in his or her address
within 24 hours after such change, except that a defendant who
has been admitted to bail pretrial release for a forcible
felony as defined in Section 2-8 of the Criminal Code of 2012
shall file a written notice with the clerk of the court before
which the proceeding is pending and the clerk shall
immediately deliver a time stamped copy of the written notice
to the State's Attorney prosecutor charged with the
prosecution within 24 hours prior to such change. The address
of a defendant who has been admitted to bail pretrial release

HB4336 - 429 - LRB103 35348 RLC 65412 b
shall at all times remain a matter of public record with the
clerk of the court.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of felonies shall be by information
or by indictment. No prosecution may be pursued by information
unless a preliminary hearing has been held or waived in
accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found,
and the provisions of Section 109-3.1 of this Code have been
complied with.
(b) All other prosecutions may be by indictment,
information or complaint.
(c) Upon the filing of an information or indictment in
open court charging the defendant with the commission of a sex
offense defined in any Section of Article 11 of the Criminal
Code of 1961 or the Criminal Code of 2012, and a minor as
defined in Section 1-3 of the Juvenile Court Act of 1987 is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in
Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
1987.
(d) Upon the filing of an information or indictment in

HB4336 - 430 - LRB103 35348 RLC 65412 b
open court, the court shall immediately issue a warrant for
the arrest of each person charged with an offense directed to a
peace officer or some other person specifically named
commanding him to arrest such person.
(e) When the offense is bailable eligible for pretrial
release, the judge shall endorse on the warrant the amount of
bail conditions of pretrial release required by the order of
the court, and if the court orders the process returnable
forthwith, the warrant shall require that the accused be
arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or
complaint after preliminary hearing, or after a waiver of
preliminary hearing in accordance with paragraph (a) of this
Section, such prosecution may be for all offenses, arising
from the same transaction or conduct of a defendant even
though the complaint or complaints filed at the preliminary
hearing charged only one or some of the offenses arising from
that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military judge, shall be enforced by a criminal court
when:

HB4336 - 431 - LRB103 35348 RLC 65412 b
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 112A-14
of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 214 of the
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the
laws of another state, tribe, or United States
territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:

HB4336 - 432 - LRB103 35348 RLC 65412 b
(i) remedies described in paragraph (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (5), (6),
or (8) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986, in a valid domestic
violence order of protection, which is authorized
under the laws of another state, tribe, or United
States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or

HB4336 - 433 - LRB103 35348 RLC 65412 b
criminal proceeding or by a military judge, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to
the extent consistent with the venue provisions of this
Article. Nothing in this Article shall preclude any Illinois
court from enforcing any valid protective order issued in
another state. Illinois courts may enforce protective orders
through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies

HB4336 - 434 - LRB103 35348 RLC 65412 b
described in paragraph (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection

HB4336 - 435 - LRB103 35348 RLC 65412 b
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation

HB4336 - 436 - LRB103 35348 RLC 65412 b
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond
conditions of pretrial release on an underlying
criminal charge pursuant to Section 110-6 of this
Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.

HB4336 - 437 - LRB103 35348 RLC 65412 b
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.
7-28-23.)
(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for Court-Appointed Counsel.
(a) Whenever under either Section 113-3 of this Code or
Rule 607 of the Illinois Supreme Court the court appoints
counsel to represent a defendant, the court may order the
defendant to pay to the Clerk of the Circuit Court a reasonable
sum to reimburse either the county or the State for such
representation. In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by
the defendant under Section 113-3 of this Code and any other
information pertaining to the defendant's financial
circumstances which may be submitted by the parties. Such
hearing shall be conducted on the court's own motion or on
motion of the prosecutor State's Attorney at any time after
the appointment of counsel but no later than 90 days after the
entry of a final order disposing of the case at the trial
level.
(b) Any sum ordered paid under this Section may not exceed
$500 for a defendant charged with a misdemeanor, $5,000 for a
defendant charged with a felony, or $2,500 for a defendant who
is appealing a conviction of any class offense.
(c) The method of any payment required under this Section

HB4336 - 438 - LRB103 35348 RLC 65412 b
shall be as specified by the Court. The court may order that
payments be made on a monthly basis during the term of
representation; however, the sum deposited as money bond shall
not be used to satisfy this court order. Any sum deposited as
money bond with the Clerk of the Circuit Court under Section
110-7 of this Code may be used in the court's discretion in
whole or in part to comply with any payment order entered in
accordance with paragraph (a) of this Section. The court may
give special consideration to the interests of relatives or
other third parties who may have posted a money bond on the
behalf of the defendant to secure his release. At any time
prior to full payment of any payment order the court on its own
motion or the motion of any party may reduce, increase, or
suspend the ordered payment, or modify the method of payment,
as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and
notice to all parties.
(d) The Supreme Court or the circuit courts may provide by
rule for procedures for the enforcement of orders entered
under this Section. Such rules may provide for the assessment
of all costs, including attorneys' fees which are required for
the enforcement of orders entered under this Section when the
court in an enforcement proceeding has first found that the
defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court
concerning funds paid under this Section in whatever manner

HB4336 - 439 - LRB103 35348 RLC 65412 b
the court directs.
(e) Whenever an order is entered under this Section for
the reimbursement of the State due to the appointment of the
State Appellate Defender as counsel on appeal, the order shall
provide that the Clerk of the Circuit Court shall retain all
funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no
balance remains due on such order, the Clerk of the Circuit
Court shall inform the court of this fact and the court shall
promptly order the Clerk of the Circuit Court to pay to the
State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds
under this Section paid for the reimbursement of the county,
and shall inform the court when no balance remains due on an
order entered hereunder. The Clerk of the Circuit Court shall
make payments of funds collected under this Section to the
County Treasurer in whatever manner and at whatever point as
the court may direct, including payments made on a monthly
basis during the term of representation.
(g) A defendant who fails to obey any order of court
entered under this Section may be punished for contempt of
court. Any arrearage in payments may be reduced to judgment in
the court's discretion and collected by any means authorized
for the collection of money judgments under the law of this
State.
(Source: P.A. 102-1104, eff. 1-1-23.)

HB4336 - 440 - LRB103 35348 RLC 65412 b
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to
trial before or after a plea has been entered the court may
dismiss the indictment, information or complaint upon any of
the following grounds:
(1) The defendant has not been placed on trial in
compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from
prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which
was improperly selected and which results in substantial
injustice to the defendant.
(5) The indictment was returned by a Grand Jury which
acted contrary to Article 112 of this Code and which
results in substantial injustice to the defendant.
(6) The court in which the charge has been filed does
not have jurisdiction.
(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony
of an incompetent witness.
(10) The defendant is misnamed in the charge and the

HB4336 - 441 - LRB103 35348 RLC 65412 b
misnomer results in substantial injustice to the
defendant.
(11) The requirements of Section 109-3.1 have not been
complied with.
(b) The court shall require any motion to dismiss to be
filed within a reasonable time after the defendant has been
arraigned. Any motion not filed within such time or an
extension thereof shall not be considered by the court and the
grounds therefor, except as to subsections (a)(6) and (a)(8)
of this Section, are waived.
(c) If the motion presents only an issue of law the court
shall determine it without the necessity of further pleadings.
If the motion alleges facts not of record in the case the State
shall file an answer admitting or denying each of the factual
allegations of the motion.
(d) When an issue of fact is presented by a motion to
dismiss and the answer of the State the court shall conduct a
hearing and determine the issues.
(d-5) When a defendant seeks dismissal of the charge upon
the ground set forth in subsection (a)(7) of this Section, the
defendant shall make a prima facie showing that the county is
an improper place of trial. Upon such showing, the State shall
have the burden of proving, by a preponderance of the
evidence, that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon
the grounds set forth in subsection (a)(2) of this Section,

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the prosecution shall have the burden of proving, by a
preponderance of the evidence, that the prosecution of the
offense is not barred by Sections 3-3 through 3-8 of the
Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in
subsections (a)(4) through (a)(11) of this Section shall not
prevent the return of a new indictment or the filing of a new
charge, and upon such dismissal the court may order that the
defendant be held in custody or, if the defendant had been
previously released on bail pretrial release, that the bail
pretrial release be continued for a specified time pending the
return of a new indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order the
cause transferred to a court of competent jurisdiction or to a
proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest and an initial court
appearance for a non-capital felony or a misdemeanor, fails to
appear for trial, at the request of the State and after the
State has affirmatively proven through substantial evidence
that the defendant is willfully avoiding trial, the court may

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commence trial in the absence of the defendant. Absence of a
defendant as specified in this Section shall not be a bar to
indictment of a defendant, return of information against a
defendant, or arraignment of a defendant for the charge for
which bail pretrial release has been granted. If a defendant
fails to appear at arraignment, the court may enter a plea of
"not guilty" on his behalf. If a defendant absents himself
before trial on a capital felony, trial may proceed as
specified in this Section provided that the State certifies
that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless the
defendant had previously waived trial by jury. The absent
defendant must be represented by retained or appointed
counsel. The court, at the conclusion of all of the
proceedings, may order the clerk of the circuit court to pay
counsel such sum as the court deems reasonable, from any bond
monies which were posted by the defendant with the clerk,
after the clerk has first deducted all court costs. If trial
had previously commenced in the presence of the defendant and
the defendant willfully absents himself for two successive
court days, the court shall proceed to trial. All procedural
rights guaranteed by the United States Constitution,
Constitution of the State of Illinois, statutes of the State
of Illinois, and rules of court shall apply to the proceedings
the same as if the defendant were present in court and had not
either forfeited his or her bail bond had his or her pretrial

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release revoked or escaped from custody. The court may set the
case for a trial which may be conducted under this Section
despite the failure of the defendant to appear at the hearing
at which the trial date is set. When such trial date is set the
clerk shall send to the defendant, by certified mail at his
last known address indicated on his bond slip, notice of the
new date which has been set for trial. Such notification shall
be required when the defendant was not personally present in
open court at the time when the case was set for trial.
(b) The absence of a defendant from a trial conducted
pursuant to this Section does not operate as a bar to
concluding the trial, to a judgment of conviction resulting
therefrom, or to a final disposition of the trial in favor of
the defendant.
(c) Upon a verdict of not guilty, the court shall enter
judgment for the defendant. Upon a verdict of guilty, the
court shall set a date for the hearing of post-trial motions
and shall hear such motion in the absence of the defendant. If
post-trial motions are denied, the court shall proceed to
conduct a sentencing hearing and to impose a sentence upon the
defendant.
(d) A defendant who is absent for part of the proceedings
of trial, post-trial motions, or sentencing, does not thereby
forfeit his right to be present at all remaining proceedings.
(e) When a defendant who in his absence has been either
convicted or sentenced or both convicted and sentenced appears

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before the court, he must be granted a new trial or new
sentencing hearing if the defendant can establish that his
failure to appear in court was both without his fault and due
to circumstances beyond his control. A hearing with notice to
the State's Attorney on the defendant's request for a new
trial or a new sentencing hearing must be held before any such
request may be granted. At any such hearing both the defendant
and the State may present evidence.
(f) If the court grants only the defendant's request for a
new sentencing hearing, then a new sentencing hearing shall be
held in accordance with the provisions of the Unified Code of
Corrections. At any such hearing, both the defendant and the
State may offer evidence of the defendant's conduct during his
period of absence from the court. The court may impose any
sentence authorized by the Unified Code of Corrections and is
not in any way limited or restricted by any sentence
previously imposed.
(g) A defendant whose motion under paragraph (e) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal therefrom. Such notice may also include a
request for review of the judgment and sentence not vacated by
the trial court.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
Sec. 122-6. Disposition in trial court. The court may

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receive proof by affidavits, depositions, oral testimony, or
other evidence. In its discretion the court may order the
petitioner brought before the court for the hearing. If the
court finds in favor of the petitioner, it shall enter an
appropriate order with respect to the judgment or sentence in
the former proceedings and such supplementary orders as to
rearraignment, retrial, custody, bail, conditions of pretrial
release or discharge as may be necessary and proper.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/102-10.5 rep.)
(725 ILCS 5/102-14.5 rep.)
(725 ILCS 5/110-6.6 rep.)
(725 ILCS 5/110-7.5 rep.)
(725 ILCS 5/110-1.5 rep.)
Section 2-225. The Code of Criminal Procedure of 1963 is
amended by repealing Sections 102-10.5, 102-14.5, 110-1.5
110-6.6, and 110-7.5.
Section 2-230. The Code of Criminal Procedure of 1963 is
amended by changing Sections 103-2 and 108-8 as follows:
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have
the right to remain silent.

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(b) No unlawful means of any kind shall be used to obtain a
statement, admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and
provided with proper food, shelter and, if required, medical
treatment without unreasonable delay if the need for the
treatment is apparent.
(Source: P.A. 101-652, eff. 7-1-21.)
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to
effect an entry into any building or property or part thereof
to execute a search warrant.
(b) The court issuing a warrant may authorize the officer
executing the warrant to make entry without first knocking and
announcing his or her office if it finds, based upon a showing
of specific facts, the existence of the following exigent
circumstances:
(1) That the officer reasonably believes that if
notice were given a weapon would be used:
(i) against the officer executing the search
warrant; or
(ii) against another person.
(2) That if notice were given there is an imminent
"danger" that evidence will be destroyed.
(c) Prior to the issuing of a warrant under subsection

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(b), the officer must attest that:
(1) prior to entering the location described in the
search warrant, a supervising officer will ensure that
each participating member is assigned a body worn camera
and is following policies and procedures in accordance
with Section 10-20 of the Law Enforcement Officer-Worn
Body Camera Act; provided that the law enforcement agency
has implemented body worn camera in accordance with
Section 10-15 of the Law Enforcement Officer-Worn Body
Camera Act. If a law enforcement agency or each
participating member of a multi-jurisdictional team has
not implemented a body camera in accordance with Section
10-15 of the Law Enforcement Officer-Worn Body Camera Act,
the officer must attest that the interaction authorized by
the warrant is otherwise recorded;
(2) The supervising officer verified the subject
address listed on the warrant for accuracy and planned for
children or other vulnerable people on-site; and
(3) if an officer becomes aware the search warrant was
executed at an address, unit, or apartment different from
the location listed on the search warrant, that member
will immediately notify a supervisor who will ensure an
internal investigation or formal inquiry ensues.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
Section 2-235. The Code of Criminal Procedure of 1963 is

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amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1,
110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1,
110-15.1, 110-16.1, 110-17.1, and 110-18.1 and Article 110B as
follows:
(725 ILCS 5/103-3.1 new)
Sec. 103-3.1. Right to communicate with attorney and
family; transfers.
(a) Persons who are arrested shall have the right to
communicate with an attorney of their choice and a member of
their family by making a reasonable number of telephone calls
or in any other reasonable manner. Such communication shall be
permitted within a reasonable time after arrival at the first
place of custody.
(b) In the event the accused is transferred to a new place
of custody his right to communicate with an attorney and a
member of his family is renewed.
(725 ILCS 5/110-4.1 new)
Sec. 110-4.1. Bailable offenses.
(a) All persons shall be bailable before conviction,
except the following offenses where the proof is evident or
the presumption great that the defendant is guilty of the
offense: capital offenses; offenses for which a sentence of
life imprisonment may be imposed as a consequence of
conviction; felony offenses for which a sentence of

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imprisonment, without conditional and revocable release, shall
be imposed by law as a consequence of conviction, where the
court after a hearing, determines that the release of the
defendant would pose a real and present threat to the physical
safety of any person or persons; stalking or aggravated
stalking, where the court, after a hearing, determines that
the release of the defendant would pose a real and present
threat to the physical safety of the alleged victim of the
offense and denial of bail is necessary to prevent fulfillment
of the threat upon which the charge is based; or unlawful use
of weapons in violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012 when that offense occurred in a school or in any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real
property comprising any school, where the court, after a
hearing, determines that the release of the defendant would
pose a real and present threat to the physical safety of any
person and denial of bail is necessary to prevent fulfillment
of that threat; 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, where the court, after a hearing, determines
that the release of the defendant would pose a real and present
threat to the physical safety of any person and denial of bail

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is necessary to prevent fulfillment of that threat.
(b) A person seeking release on bail who is charged with a
capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a
hearing is held wherein such person has the burden of
demonstrating that the proof of his guilt is not evident and
the presumption is not great.
(c) Where it is alleged that bail should be denied to a
person upon the grounds that the person presents a real and
present threat to the physical safety of any person or
persons, the burden of proof of such allegations shall be upon
the State.
(d) When it is alleged that bail should be denied to a
person charged with stalking or aggravated stalking upon the
grounds set forth in Section 110-6.3-1 of this Code, the
burden of proof of those allegations shall be upon the State.
(725 ILCS 5/110-6.3-1 new)
Sec. 110-6.3-1. 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

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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

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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

HB4336 - 454 - LRB103 35348 RLC 65412 b
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

HB4336 - 455 - LRB103 35348 RLC 65412 b
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,

HB4336 - 456 - LRB103 35348 RLC 65412 b
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

HB4336 - 457 - LRB103 35348 RLC 65412 b
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

HB4336 - 458 - LRB103 35348 RLC 65412 b
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.
(725 ILCS 5/110-6.5-1 new)
Sec. 110-6.5-1. Drug testing program.
(a) 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

HB4336 - 459 - LRB103 35348 RLC 65412 b
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-1) 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

HB4336 - 460 - LRB103 35348 RLC 65412 b
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

HB4336 - 461 - LRB103 35348 RLC 65412 b
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.

HB4336 - 462 - LRB103 35348 RLC 65412 b
(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.
(725 ILCS 5/110-7.1 new)
Sec. 110-7.1. Deposit of bail security.

HB4336 - 463 - LRB103 35348 RLC 65412 b
(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

HB4336 - 464 - LRB103 35348 RLC 65412 b
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

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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

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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

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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

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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.
(725 ILCS 5/110-8.1 new)
Sec. 110-8.1. Cash, stocks, bonds and real estate as
security for bail.
(a) In lieu of the bail deposit provided for in Section
110-7.1 of this Code any person for whom bail has been set may
execute the bail bond with or without sureties which bond may

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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

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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

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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

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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 judgment 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

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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.
(725 ILCS 5/110-9.1 new)
Sec. 110-9.1. Taking of bail by peace officer. When bail

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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 110-7.1 or 110-8.1
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 110-7.1 or 110-8.1
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.
(725 ILCS 5/110-13.1 new)
Sec. 110-13.1. 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.
(725 ILCS 5/110-14.1 new)
Sec. 110-14.1. Credit for incarceration on bailable

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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,
before January 1, 2023, 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.
(725 ILCS 5/110-15.1 new)
Sec. 110-15.1. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7.1 and 110-8.1 of

HB4336 - 476 - LRB103 35348 RLC 65412 b
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 110-7.1
and 110-8.1 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 110-7.1 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.
(725 ILCS 5/110-16.1 new)
Sec. 110-16.1. 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

HB4336 - 477 - LRB103 35348 RLC 65412 b
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.
(725 ILCS 5/110-17.1 new)
Sec. 110-17.1. 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.
(725 ILCS 5/110-18.1 new)
Sec. 110-18.1. 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

HB4336 - 478 - LRB103 35348 RLC 65412 b
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.
(725 ILCS 5/Art. 110B heading new)
ARTICLE 110B. PEACE BONDS
(725 ILCS 5/110B-5 new)
Sec. 110B-5. Courts as conservators of the peace. All
courts are conservators of the peace, shall cause to be kept
all laws made for the preservation of the peace, and may
require persons to give security to keep the peace or for their
good behavior, or both, as provided by this Article.
(725 ILCS 5/110B-10 new)
Sec. 110B-10. Complaints. When complaint is made to a
judge that a person has threatened or is about to commit an
offense against the person or property of another, the court
shall examine on oath the complaint, and any witness who may be
produced, and reduce the complaint to writing, and cause it to
be subscribed and sworn to by the complainant.
The complaint may be issued electronically or
electromagnetically by use of a facsimile transmission

HB4336 - 479 - LRB103 35348 RLC 65412 b
machine, and that complaint has the same validity as a written
complaint.
(725 ILCS 5/110B-15 new)
Sec. 110B-15. Warrants. If the court is satisfied that
there is danger that an offense will be committed, the court
shall issue a warrant requiring the proper officer to whom it
is directed forthwith to apprehend the person complained of
and bring him or her before the court having jurisdiction in
the premises.
The warrant may be issued electronically or
electromagnetically by use of a facsimile transmission
machine, and that warrant has the same validity as a written
warrant.
(725 ILCS 5/110B-20 new)
Sec. 110B-20. Hearing. When the person complained of is
brought before the court if the charge is controverted, the
testimony produced on behalf of the plaintiff and defendant
shall be heard.
(725 ILCS 5/110B-25 new)
Sec. 110B-25. Malicious prosecution; costs. If it appears
that there is no just reason to fear the commission of the
offense, the defendant shall be discharged. If the court is of
the opinion that the prosecution was commenced maliciously

HB4336 - 480 - LRB103 35348 RLC 65412 b
without probable cause, the court may enter judgment against
the complainant for the costs of the prosecution.
(725 ILCS 5/110B-30 new)
Sec. 110B-30. Recognizance. If there is just reason to
fear the commission of an offense, the defendant shall be
required to give a recognizance, with sufficient security, in
the sum as the court may direct, to keep the peace towards all
people of this State, and especially towards the person
against whom or whose property there is reason to fear the
offense may be committed, for such time, not exceeding 12
months, as the court may order. But he or she shall not be
bound over to the next court unless he or she is also charged
with some other offense for which he or she ought to be held to
answer at the court.
(725 ILCS 5/110B-35 new)
Sec. 110B-35. Refusal to give recognizance. If the person
so ordered to recognize complies with the order, he or she
shall be discharged; but if he or she refuses or neglects, the
court shall commit him or her to jail during the period for
which he or she was required to give security, or until he or
she so recognizes, stating in the warrant the cause of
commitment, with the sum and time for which the security was
required.

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(725 ILCS 5/110B-40 new)
Sec. 110B-40. Costs of prosecution. When a person is
required to give security to keep the peace, or for his or her
good behavior, the court may further order that the costs of
the prosecution, or any part of the costs, shall be paid by
that person, who shall stand committed until the costs are
paid or he or she is otherwise legally discharged.
(725 ILCS 5/110B-45 new)
Sec. 110B-45. Discharge upon giving recognizance. A person
committed for not finding sureties, or refusing to recognize
as required by the court, may be discharged on giving the
security as was required.
(725 ILCS 5/110B-50 new)
Sec. 110B-50. Filing of recognizance; breach of condition.
Every recognizance taken in accordance with the foregoing
provisions shall be filed of record by the clerk and upon a
breach of the condition the same shall be prosecuted by the
State's Attorney.
(725 ILCS 5/110B-55 new)
Sec. 110B-55. Conviction not needed. In proceeding upon a
recognizance it is not necessary to show a conviction of the
defendant of an offense against the person or property of
another.

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(725 ILCS 5/110B-60 new)
Sec. 110B-60. Threat made in court. A person who, in the
presence of a court, commits or threatens to commit an offense
against the person or property of another, may be ordered,
without process, to enter into a recognizance to keep the
peace for a period not exceeding 12 months, and in case of
refusal be committed as in other cases.
(725 ILCS 5/110B-65 new)
Sec. 110B-65. Remitting recognizance. When, upon an action
brought upon a recognizance, the penalty for the action is
adjudged forfeited, the court may, on the petition of a
defendant, remit the portion of it as the circumstances of the
case render just and reasonable.
(725 ILCS 5/110B-70 new)
Sec. 110B-70. Surrender of principal. The sureties of a
person bound to keep the peace may, at any time, surrender
their principal to the sheriff of the county in which the
principal was bound, under the same rules and regulations
governing the surrender of the principal in other criminal
cases.
(725 ILCS 5/110B-75 new)
Sec. 110B-75. New recognizance. The person so surrendered

HB4336 - 483 - LRB103 35348 RLC 65412 b
may recognize anew, with sufficient sureties, before a court,
for the residue of the time, and shall thereupon be
discharged.
(725 ILCS 5/110B-80 new)
Sec. 110B-80. Amended complaint. No proceeding to prevent
a breach of the peace shall be dismissed on account of any
informality or insufficiency in the complaint, or any process
or proceeding, but the complaint may be amended, by order of
the court, to conform to the facts in the case.
Section 2-236. The Firearm Seizure Act is amended by
changing Section 4 as follows:
(725 ILCS 165/4) (from Ch. 38, par. 161-4)
Sec. 4. In lieu of requiring the surrender of any firearm,
the court may require the defendant to give a recognizance as
provided in Article 110B 110A of the Code of Criminal
Procedure of 1963.
(Source: P.A. 96-328, eff. 8-11-09.)
Section 2-240. The Rights of Crime Victims and Witnesses
Act is amended by changing Sections 3, 4 and 4.5 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act shall have the following

HB4336 - 484 - LRB103 35348 RLC 65412 b
meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative
of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the
victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.

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(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary
release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a
finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of

HB4336 - 486 - LRB103 35348 RLC 65412 b
a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking no contact order; (6) any misdemeanor which
results in death or great bodily harm to the victim; or (7) any
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, or Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, if
the violation resulted in personal injury or death. "Violent
crime" includes any action committed by a juvenile that would
be a violent crime if committed by an adult. For the purposes
of this paragraph, "personal injury" shall include any Type A
injury as indicated on the traffic crash report completed by a
law enforcement officer that requires immediate professional
attention in either a doctor's office or medical facility. A
type A injury shall include severely bleeding wounds,

HB4336 - 487 - LRB103 35348 RLC 65412 b
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or
parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the
defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) hearings under Section 109-1 of the Code of
Criminal Procedure of 1963, (2) grand jury proceedings, (2)
(3) status hearings, or (3) (4) the issuance of an order or
decision of an Illinois court that dismisses a charge,
reverses a conviction, reduces a sentence, or releases an
offender under a court rule.
(f) "Concerned citizen" includes relatives of the victim,

HB4336 - 488 - LRB103 35348 RLC 65412 b
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 120/4) (from Ch. 38, par. 1404)
Sec. 4. Rights of crime victims.
(a) Crime victims shall have the following rights:
(1) The right to be treated with fairness and respect
for their dignity and privacy and to be free from
harassment, intimidation, and abuse throughout the
criminal justice process.
(1.5) The right to notice and to a hearing before a
court ruling on a request for access to any of the victim's
records, information, or communications which are
privileged or confidential by law.
(2) The right to timely notification of all court
proceedings.

HB4336 - 489 - LRB103 35348 RLC 65412 b
(3) The right to communicate with the prosecution.
(4) The right to be heard at any post-arraignment
court proceeding in which a right of the victim is at issue
and any court proceeding involving a post-arraignment
release decision, plea, or sentencing.
(5) The right to be notified of the conviction, the
sentence, the imprisonment and the release of the accused.
(6) The right to the timely disposition of the case
following the arrest of the accused.
(7) The right to be reasonably protected from the
accused through the criminal justice process.
(7.5) The right to have the safety of the victim and
the victim's family considered in denying or fixing the
amount of bail, determining whether to release the
defendant, and setting conditions of release after arrest
and conviction.
(8) The right to be present at the trial and all other
court proceedings on the same basis as the accused, unless
the victim is to testify and the court determines that the
victim's testimony would be materially affected if the
victim hears other testimony at the trial.
(9) The right to have present at all court
proceedings, including proceedings under the Juvenile
Court Act of 1987, subject to the rules of evidence, an
advocate and other support person of the victim's choice.
(10) The right to restitution.

HB4336 - 490 - LRB103 35348 RLC 65412 b
(b) Any law enforcement agency that investigates an
offense committed in this State shall provide a crime victim
with a written statement and explanation of the rights of
crime victims under this amendatory Act of the 99th General
Assembly within 48 hours of law enforcement's initial contact
with a victim. The statement shall include information about
crime victim compensation, including how to contact the Office
of the Illinois Attorney General to file a claim, and
appropriate referrals to local and State programs that provide
victim services. The content of the statement shall be
provided to law enforcement by the Attorney General. Law
enforcement shall also provide a crime victim with a sign-off
sheet that the victim shall sign and date as an
acknowledgement that he or she has been furnished with
information and an explanation of the rights of crime victims
and compensation set forth in this Act.
(b-5) Upon the request of the victim, the law enforcement
agency having jurisdiction shall provide a free copy of the
police report concerning the victim's incident, as soon as
practicable, but in no event later than 5 business days from
the request.
(c) The Clerk of the Circuit Court shall post the rights of
crime victims set forth in Article I, Section 8.1(a) of the
Illinois Constitution and subsection (a) of this Section
within 3 feet of the door to any courtroom where criminal
proceedings are conducted. The clerk may also post the rights

HB4336 - 491 - LRB103 35348 RLC 65412 b
in other locations in the courthouse.
(d) At any point, the victim has the right to retain a
victim's attorney who may be present during all stages of any
interview, investigation, or other interaction with
representatives of the criminal justice system. Treatment of
the victim should not be affected or altered in any way as a
result of the victim's decision to exercise this right.
(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.

HB4336 - 492 - LRB103 35348 RLC 65412 b
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide

HB4336 - 493 - LRB103 35348 RLC 65412 b
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain

HB4336 - 494 - LRB103 35348 RLC 65412 b
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit
information to the preparer of the presentence report
about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as

HB4336 - 495 - LRB103 35348 RLC 65412 b
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on pretrial release bail or personal
recognizance or the release from detention of a minor who
has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's

HB4336 - 496 - LRB103 35348 RLC 65412 b
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall
be given within 48 hours of the court's scheduling of the
hearing;
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections;
(20) shall, within a reasonable time, offer to meet
with the crime victim regarding the decision of the

HB4336 - 497 - LRB103 35348 RLC 65412 b
State's Attorney not to charge an offense, and shall meet
with the victim, if the victim agrees. The victim has a
right to have an attorney, advocate, and other support
person of the victim's choice attend this meeting with the
victim; and
(21) shall give the crime victim timely notice of any
decision not to pursue charges and consider the safety of
the victim when deciding how to give such notice.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of

HB4336 - 498 - LRB103 35348 RLC 65412 b
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the

HB4336 - 499 - LRB103 35348 RLC 65412 b
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, unless the
prosecuting attorney objects or the trial court does
not allow it, the victim or the victim's attorney may
be heard regarding the prosecuting attorney's motion
or may file a simultaneous motion to assert or request
enforcement of the victim's right. If the victim or
the victim's attorney was not allowed to be heard at
the hearing regarding the prosecuting attorney's
motion, and the court denies the prosecuting
attorney's assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of

HB4336 - 500 - LRB103 35348 RLC 65412 b
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(E) No later than January 1, 2023, the Office of
the Attorney General shall:
(i) designate an administrative authority
within the Office of the Attorney General to
receive and investigate complaints relating to the
provision or violation of the rights of a crime
victim as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act;
(ii) create and administer a course of
training for employees and offices of the State of
Illinois that fail to comply with provisions of
Illinois law pertaining to the treatment of crime
victims as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act as
required by the court under Section 5 of this Act;
and
(iii) have the authority to make
recommendations to employees and offices of the
State of Illinois to respond more effectively to

HB4336 - 501 - LRB103 35348 RLC 65412 b
the needs of crime victims, including regarding
the violation of the rights of a crime victim.
(F) Crime victims' rights may also be asserted by
filing a complaint for mandamus, injunctive, or
declaratory relief in the jurisdiction in which the
victim's right is being violated or where the crime is
being prosecuted. For complaints or motions filed by
or on behalf of the victim, the clerk of court shall
waive filing fees that would otherwise be owed by the
victim for any court filing with the purpose of
enforcing crime victims' rights. If the court denies
the relief sought by the victim, the reasons for the
denial shall be clearly stated on the record in the
transcript of the proceedings, in a written opinion,
or in the docket entry, and the victim may appeal the
circuit court's decision to the appellate court. The
court shall issue prompt rulings regarding victims'
rights. Proceedings seeking to enforce victims' rights
shall not be stayed or subject to unreasonable delay
via continuances.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and

HB4336 - 502 - LRB103 35348 RLC 65412 b
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled. Remedies may include,
but are not limited to: injunctive relief requiring
the victim's right to be afforded; declaratory
judgment recognizing or clarifying the victim's
rights; a writ of mandamus; and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy to the victim be a new trial or damages.
The court shall impose a mandatory training course
provided by the Attorney General for the employee under
item (ii) of subparagraph (E) of paragraph (4), which must
be successfully completed within 6 months of the entry of
the court order.
This paragraph (5) takes effect January 2, 2023.
(6) Right to be heard. Whenever a victim has the right

HB4336 - 503 - LRB103 35348 RLC 65412 b
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the

HB4336 - 504 - LRB103 35348 RLC 65412 b
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled

HB4336 - 505 - LRB103 35348 RLC 65412 b
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the

HB4336 - 506 - LRB103 35348 RLC 65412 b
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the

HB4336 - 507 - LRB103 35348 RLC 65412 b
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records.
(A) A defendant who seeks to subpoena testimony or
records of or concerning the victim that are
confidential or privileged by law must seek permission
of the court before the subpoena is issued. The
defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and
materiality of the testimony or records. If the court
finds by a preponderance of the evidence that:
(i) the testimony or records are not protected

HB4336 - 508 - LRB103 35348 RLC 65412 b
by an absolute privilege and
(ii) the testimony or records contain
relevant, admissible, and material evidence that
is not available through other witnesses or
evidence, the court shall issue a subpoena
requiring the witness to appear in camera or a
sealed copy of the records be delivered to the
court to be reviewed in camera. If, after
conducting an in camera review of the witness
statement or records, the court determines that
due process requires disclosure of any potential
testimony or any portion of the records, the court
shall provide copies of the records that it
intends to disclose to the prosecuting attorney
and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review
before the records are disclosed to the defendant,
used in any court proceeding, or disclosed to
anyone or in any way that would subject the
testimony or records to public review. The
disclosure of copies of any portion of the
testimony or records to the prosecuting attorney
under this Section does not make the records
subject to discovery or required to be provided to
the defendant.
(B) A prosecuting attorney who seeks to subpoena

HB4336 - 509 - LRB103 35348 RLC 65412 b
information or records concerning the victim that are
confidential or privileged by law must first request
the written consent of the crime victim. If the victim
does not provide such written consent, including where
necessary the appropriate signed document required for
waiving privilege, the prosecuting attorney must serve
the subpoena at least 21 days prior to the date a
response or appearance is required to allow the
subject of the subpoena time to file a motion to quash
or request a hearing. The prosecuting attorney must
also send a written notice to the victim at least 21
days prior to the response date to allow the victim to
file a motion or request a hearing. The notice to the
victim shall inform the victim (i) that a subpoena has
been issued for confidential information or records
concerning the victim, (ii) that the victim has the
right to request a hearing prior to the response date
of the subpoena, and (iii) how to request the hearing.
The notice to the victim shall also include a copy of
the subpoena. If requested, a hearing regarding the
subpoena shall occur before information or records are
provided to the prosecuting attorney.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of

HB4336 - 510 - LRB103 35348 RLC 65412 b
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court
proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the

HB4336 - 511 - LRB103 35348 RLC 65412 b
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days

HB4336 - 512 - LRB103 35348 RLC 65412 b
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed
judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection

HB4336 - 513 - LRB103 35348 RLC 65412 b
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the
information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime

HB4336 - 514 - LRB103 35348 RLC 65412 b
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,
determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A
victim of domestic violence, a sexual offense, or stalking
may request the entry of a protective order under Article
112A of the Code of Criminal Procedure of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a

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recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to the victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain
a statewide telephone number to be used by victims to make
notification requests under these provisions and shall

HB4336 - 516 - LRB103 35348 RLC 65412 b
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall
notify the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole

HB4336 - 517 - LRB103 35348 RLC 65412 b
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section. The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act
101-288), except if the statement was an oral statement
made by the victim at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be

HB4336 - 518 - LRB103 35348 RLC 65412 b
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288), except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288), except if the
statement was an oral statement made by the victim at a
hearing open to the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's

HB4336 - 519 - LRB103 35348 RLC 65412 b
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released
or discharged and subsequently committed to the Department
of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare

HB4336 - 520 - LRB103 35348 RLC 65412 b
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22.)
Section 2-245. The Pretrial Services Act is amended by
changing Sections 7, 11, 19, 20, 22, and 34 as follows:
(725 ILCS 185/7) (from Ch. 38, par. 307)

HB4336 - 521 - LRB103 35348 RLC 65412 b
Sec. 7. Pretrial services agencies shall perform the
following duties for the circuit court:
(a) Interview and assemble verified information and data
concerning the community ties, employment, residency, criminal
record, and social background of arrested persons who are to
be, or have been, presented in court for first appearance on
felony charges, to assist the court in determining the
appropriate terms and conditions of bail pretrial release;
(b) Submit written reports of those investigations to the
court along with such findings and recommendations, if any, as
may be necessary to assess appropriate conditions which shall
be imposed to protect against the risks of nonappearance and
commission of new offenses or other interference with the
orderly administration of justice before trial; :
(1) the need for financial security to assure the
defendant's appearance at later proceedings; and
(2) appropriate conditions which shall be imposed to
protect against the risks of nonappearance and commission of
new offenses or other interference with the orderly
administration of justice before trial;
(c) Supervise compliance with bail pretrial release
conditions, and promptly report violations of those conditions
to the court and prosecutor to ensure assure effective
enforcement;
(d) Cooperate with the court and all other criminal
justice agencies in the development of programs to minimize

HB4336 - 522 - LRB103 35348 RLC 65412 b
unnecessary pretrial detention and protect the public against
breaches of bail pretrial release conditions; and
(e) Monitor the local operations of the bail pretrial
release system and maintain accurate and comprehensive records
of program activities.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 185/11) (from Ch. 38, par. 311)
Sec. 11. No person shall be interviewed by a pretrial
services agency unless he or she has first been apprised of the
identity and purpose of the interviewer, the scope of the
interview, the right to secure legal advice, and the right to
refuse cooperation. Inquiry of the defendant shall carefully
exclude questions concerning the details of the current
charge. Statements made by the defendant during the interview,
or evidence derived therefrom, are admissible in evidence only
when the court is considering the imposition of pretrial or
posttrial conditions to bail or recognizance of release,
denial of pretrial release, or when considering the
modification of a prior release order.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)
(725 ILCS 185/19) (from Ch. 38, par. 319)
Sec. 19. Written reports under Section 17 shall set forth
all factual findings on which any recommendation and
conclusions contained therein are based together with the

HB4336 - 523 - LRB103 35348 RLC 65412 b
source of each fact, and shall contain information and data
relevant to appropriate conditions imposed to protect against
the risk of nonappearance and commission of new offenses or
other interference with the orderly administration of justice
before trial. the following issues:
(a) The need for financial security to assure the
defendant's appearance for later court proceedings; and
(b) Appropriate conditions imposed to protect against the
risk of nonappearance and commission of new offenses or other
interference with the orderly administration of justice before
trial.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 185/20) (from Ch. 38, par. 320)
Sec. 20. In preparing and presenting its written reports
under Sections 17 and 19, pretrial services agencies shall in
appropriate cases include specific recommendations for the
setting, increase, or decrease the conditions of bail pretrial
release; the release of the interviewee on his own
recognizance in sums certain; and the imposition of pretrial
conditions to bail of pretrial release or recognizance
designed to minimize the risks of nonappearance, the
commission of new offenses while awaiting trial, and other
potential interference with the orderly administration of
justice. In establishing objective internal criteria of any
such recommendation policies, the agency may utilize so-called

HB4336 - 524 - LRB103 35348 RLC 65412 b
"point scales" for evaluating the aforementioned risks, but no
interviewee shall be considered as ineligible for particular
agency recommendations by sole reference to such procedures.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 185/22) (from Ch. 38, par. 322)
Sec. 22. If so ordered by the court, the pretrial services
agency shall prepare and submit for the court's approval and
signature a uniform release order on the uniform form
established by the Supreme Court in all cases where an
interviewee may be released from custody under conditions
contained in an agency report. Such conditions shall become
part of the conditions of the bail bond pretrial release. A
copy of the uniform release order shall be provided to the
defendant and defendant's attorney of record, and the
prosecutor.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 185/34)
Sec. 34. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as
the Cindy Bischof Law, all probation and court services
departments are to be considered pretrial services agencies
under this Act and under the bail bond pretrial release
provisions of the Code of Criminal Procedure of 1963.

HB4336 - 525 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-250. The Quasi-criminal and Misdemeanor Bail Act
is amended by changing the title of the Act and Sections 0.01,
1, 2, 3, and 5 as follows:
(725 ILCS 195/Act title)
An Act to authorize designated officers to let persons
charged with quasi-criminal offenses and misdemeanors to
pretrial release bail and to accept and receipt for fines on
pleas of guilty in minor offenses, in accordance with
schedules established by rule of court.
(725 ILCS 195/0.01) (from Ch. 16, par. 80)
Sec. 0.01. Short title. This Act may be cited as the
Quasi-criminal and Misdemeanor Bail Pretrial Release Act.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 195/1) (from Ch. 16, par. 81)
Sec. 1. Whenever in any circuit there shall be in force a
rule or order of the Supreme Court establishing a uniform
schedule form prescribing the amounts of bail conditions of
pretrial release for specified conservation cases, traffic
cases, quasi-criminal offenses and misdemeanors, any general
superintendent, chief, captain, lieutenant, or sergeant of
police, or other police officer, the sheriff, the circuit

HB4336 - 526 - LRB103 35348 RLC 65412 b
clerk, and any deputy sheriff or deputy circuit clerk
designated by the Circuit Court for the purpose, are
authorized to let to bail pretrial release any person charged
with a quasi-criminal offense or misdemeanor and to accept and
receipt for bonds or cash bail in accordance with regulations
established by rule or order of the Supreme Court. Unless
otherwise provided by Supreme Court Rule, no such bail may be
posted or accepted in any place other than a police station,
sheriff's office or jail, or other county, municipal or other
building housing governmental units, or a division
headquarters building of the Illinois State Police. Bonds and
cash so received shall be delivered to the office of the
circuit clerk or that of his designated deputy as provided by
regulation. Such cash and securities so received shall be
delivered to the office of such clerk or deputy clerk within at
least 48 hours of receipt or within the time set for the
accused's appearance in court whichever is earliest.
In all cases where a person is admitted to bail under a
uniform schedule prescribing the amount of bail for specified
conservation cases, traffic cases, quasi-criminal offenses and
misdemeanors the provisions of Section 110-15.1 of the Code of
Criminal Procedure of 1963 shall be applicable.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 195/2) (from Ch. 16, par. 82)
Sec. 2. The conditions of the bail bond or deposit of cash

HB4336 - 527 - LRB103 35348 RLC 65412 b
bail pretrial release shall be that the accused will appear to
answer the charge in court at a time and place specified in the
bond pretrial release form and thereafter as ordered by the
court until discharged on final order of the court and to
submit himself to the orders and process of the court. The
accused shall be furnished with an official receipt on a form
prescribed by rule of court for any cash or other security
deposited, and shall receive a copy of the bond pretrial
release form specifying the time and place of his court
appearance.
Upon performance of the conditions of the bond pretrial
release, the bond pretrial release form shall be null and void
any cash bail or other security shall be returned to the
accused and any cash bail or other security shall be returned
to the accused the accused shall be released from the
conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 195/3) (from Ch. 16, par. 83)
Sec. 3. In lieu of making bond or depositing cash bail as
provided in this Act or the deposit of other security
authorized by law complying with the conditions of pretrial
release, any accused person has the right to be brought
without unnecessary delay before the nearest or most
accessible judge of the circuit to be dealt with according to
law.

HB4336 - 528 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 195/5) (from Ch. 16, par. 85)
Sec. 5. Any person authorized to accept bail pretrial
release or pleas of guilty by this Act who violates any
provision of this Act is guilty of a Class B misdemeanor.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-255. The Unified Code of Corrections is amended
by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7,
and 8-2-1 as follows:
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse

HB4336 - 529 - LRB103 35348 RLC 65412 b
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit
that various sentencing alternatives would confer on such
victim or victims;
(3.5) information provided by the victim's spouse,
guardian, parent, grandparent, and other immediate family
and household members about the effect the offense
committed has had on the victim and on the person
providing the information; if the victim's spouse,
guardian, parent, grandparent, or other immediate family
or household member has provided a written statement, the
statement shall be attached to the report;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included;
(7) information concerning the defendant's eligibility

HB4336 - 530 - LRB103 35348 RLC 65412 b
for a sentence to a county impact incarceration program
under Section 5-8-1.2 of this Code; and
(8) information concerning the defendant's eligibility
for a sentence to an impact incarceration program
administered by the Department under Section 5-8-1.1.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the
Board and conducted in conformance with the standards
developed under the Sex Offender Management Board Act. In
cases in which the offender is being considered for any
mandatory prison sentence, the investigation shall not include
a sex offender evaluation.

HB4336 - 531 - LRB103 35348 RLC 65412 b
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961 or the Criminal Code of
2012, the presentence report shall set forth information about
alcohol, drug abuse, psychiatric, and marriage counseling or
other treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
(e) Nothing in this Section shall cause the defendant to
be held without pretrial release bail or to have his pretrial
release bail revoked for the purpose of preparing the
presentence report or making an examination.
(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;
102-558, eff. 8-20-21.)
(730 ILCS 5/5-5-3.2)

HB4336 - 532 - LRB103 35348 RLC 65412 b
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;

HB4336 - 533 - LRB103 35348 RLC 65412 b
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail on pretrial release or his
own recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was

HB4336 - 534 - LRB103 35348 RLC 65412 b
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 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 that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;

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(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision

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(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense 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;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of

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driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;

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(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the

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person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting

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juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving

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the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by

HB4336 - 542 - LRB103 35348 RLC 65412 b
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and

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the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser

HB4336 - 544 - LRB103 35348 RLC 65412 b
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section

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5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in

HB4336 - 546 - LRB103 35348 RLC 65412 b
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency

HB4336 - 547 - LRB103 35348 RLC 65412 b
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been

HB4336 - 548 - LRB103 35348 RLC 65412 b
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
Sec. 5-6-4. Violation, modification or revocation of
probation, of conditional discharge or supervision or of a
sentence of county impact incarceration - hearing.
(a) Except in cases where conditional discharge or
supervision was imposed for a petty offense as defined in
Section 5-1-17, when a petition is filed charging a violation
of a condition, the court may:
(1) in the case of probation violations, order the
issuance of a notice to the offender to be present by the
County Probation Department or such other agency
designated by the court to handle probation matters; and

HB4336 - 549 - LRB103 35348 RLC 65412 b
in the case of conditional discharge or supervision
violations, such notice to the offender shall be issued by
the Circuit Court Clerk; and in the case of a violation of
a sentence of county impact incarceration, such notice
shall be issued by the Sheriff;
(2) order a summons to the offender to be present for
hearing; or
(3) order a warrant for the offender's arrest where
there is danger of his fleeing the jurisdiction or causing
serious harm to others or when the offender fails to
answer a summons or notice from the clerk of the court or
Sheriff.
Personal service of the petition for violation of
probation or the issuance of such warrant, summons or notice
shall toll the period of probation, conditional discharge,
supervision, or sentence of county impact incarceration until
the final determination of the charge, and the term of
probation, conditional discharge, supervision, or sentence of
county impact incarceration shall not run until the hearing
and disposition of the petition for violation.
(b) The court shall conduct a hearing of the alleged
violation. The court shall admit the offender to bail pretrial
release pending the hearing unless the alleged violation is
itself a criminal offense in which case the offender shall be
admitted to bail pretrial release on such terms as are
provided in the Code of Criminal Procedure of 1963, as

HB4336 - 550 - LRB103 35348 RLC 65412 b
amended. In any case where an offender remains incarcerated
only as a result of his alleged violation of the court's
earlier order of probation, supervision, conditional
discharge, or county impact incarceration such hearing shall
be held within 14 days of the onset of said incarceration,
unless the alleged violation is the commission of another
offense by the offender during the period of probation,
supervision or conditional discharge in which case such
hearing shall be held within the time limits described in
Section 103-5 of the Code of Criminal Procedure of 1963, as
amended.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Probation, conditional discharge, periodic
imprisonment and supervision shall not be revoked for failure
to comply with conditions of a sentence or supervision, which
imposes financial obligations upon the offender unless such
failure is due to his willful refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination
of the period, it may continue him on the existing sentence,
with or without modifying or enlarging the conditions, or may
impose any other sentence that was available under Article 4.5

HB4336 - 551 - LRB103 35348 RLC 65412 b
of Chapter V of this Code or Section 11-501 of the Illinois
Vehicle Code at the time of initial sentencing. If the court
finds that the person has failed to successfully complete his
or her sentence to a county impact incarceration program, the
court may impose any other sentence that was available under
Article 4.5 of Chapter V of this Code or Section 11-501 of the
Illinois Vehicle Code at the time of initial sentencing,
except for a sentence of probation or conditional discharge.
If the court finds that the offender has violated paragraph
(8.6) of subsection (a) of Section 5-6-3, the court shall
revoke the probation of the offender. If the court finds that
the offender has violated subsection (o) of Section 5-6-3.1,
the court shall revoke the supervision of the offender.
(f) The conditions of probation, of conditional discharge,
of supervision, or of a sentence of county impact
incarceration may be modified by the court on motion of the
supervising agency or on its own motion or at the request of
the offender after notice and a hearing.
(g) A judgment revoking supervision, probation,
conditional discharge, or a sentence of county impact
incarceration is a final appealable order.
(h) Resentencing after revocation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration shall be under Article 4. The term on
probation, conditional discharge or supervision shall not be
credited by the court against a sentence of imprisonment or

HB4336 - 552 - LRB103 35348 RLC 65412 b
periodic imprisonment unless the court orders otherwise. The
amount of credit to be applied against a sentence of
imprisonment or periodic imprisonment when the defendant
served a term or partial term of periodic imprisonment shall
be calculated upon the basis of the actual days spent in
confinement rather than the duration of the term.
(i) Instead of filing a violation of probation,
conditional discharge, supervision, or a sentence of county
impact incarceration, an agent or employee of the supervising
agency with the concurrence of his or her supervisor may serve
on the defendant a Notice of Intermediate Sanctions. The
Notice shall contain the technical violation or violations
involved, the date or dates of the violation or violations,
and the intermediate sanctions to be imposed. Upon receipt of
the Notice, the defendant shall immediately accept or reject
the intermediate sanctions. If the sanctions are accepted,
they shall be imposed immediately. If the intermediate
sanctions are rejected or the defendant does not respond to
the Notice, a violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration
shall be immediately filed with the court. The State's
Attorney and the sentencing court shall be notified of the
Notice of Sanctions. Upon successful completion of the
intermediate sanctions, a court may not revoke probation,
conditional discharge, supervision, or a sentence of county
impact incarceration or impose additional sanctions for the

HB4336 - 553 - LRB103 35348 RLC 65412 b
same violation. A notice of intermediate sanctions may not be
issued for any violation of probation, conditional discharge,
supervision, or a sentence of county impact incarceration
which could warrant an additional, separate felony charge. The
intermediate sanctions shall include a term of home detention
as provided in Article 8A of Chapter V of this Code for
multiple or repeat violations of the terms and conditions of a
sentence of probation, conditional discharge, or supervision.
(j) When an offender is re-sentenced after revocation of
probation that was imposed in combination with a sentence of
imprisonment for the same offense, the aggregate of the
sentences may not exceed the maximum term authorized under
Article 4.5 of Chapter V.
(k)(1) On and after the effective date of this amendatory
Act of the 101st General Assembly, this subsection (k) shall
apply to arrest warrants in Cook County only. An arrest
warrant issued under paragraph (3) of subsection (a) when the
underlying conviction is for the offense of theft, retail
theft, or possession of a controlled substance shall remain
active for a period not to exceed 10 years from the date the
warrant was issued unless a motion to extend the warrant is
filed by the office of the State's Attorney or by, or on behalf
of, the agency supervising the wanted person. A motion to
extend the warrant shall be filed within one year before the
warrant expiration date and notice shall be provided to the
office of the sheriff.

HB4336 - 554 - LRB103 35348 RLC 65412 b
(2) If a motion to extend a warrant issued under paragraph
(3) of subsection (a) is not filed, the warrant shall be
quashed and recalled as a matter of law under paragraph (1) of
this subsection (k) and the wanted person's period of
probation, conditional discharge, or supervision shall
terminate unsatisfactorily as a matter of law.
(Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)
(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)
Sec. 5-6-4.1. Violation, modification or revocation of
conditional discharge or supervision - hearing.)
(a) In cases where a defendant was placed upon supervision
or conditional discharge for the commission of a petty
offense, upon the oral or written motion of the State, or on
the court's own motion, which charges that a violation of a
condition of that conditional discharge or supervision has
occurred, the court may:
(1) conduct a hearing instanter if the offender is
present in court;
(2) order the issuance by the court clerk of a notice
to the offender to be present for a hearing for violation;
(3) order summons to the offender to be present; or
(4) order a warrant for the offender's arrest.
The oral motion, if the defendant is present, or the
issuance of such warrant, summons or notice shall toll the
period of conditional discharge or supervision until the final

HB4336 - 555 - LRB103 35348 RLC 65412 b
determination of the charge, and the term of conditional
discharge or supervision shall not run until the hearing and
disposition of the petition for violation.
(b) The Court shall admit the offender to bail pretrial
release pending the hearing.
(c) The State has the burden of going forward with the
evidence and proving the violation by the preponderance of the
evidence. The evidence shall be presented in open court with
the right of confrontation, cross-examination, and
representation by counsel.
(d) Conditional discharge or supervision shall not be
revoked for failure to comply with the conditions of the
discharge or supervision which imposed financial obligations
upon the offender unless such failure is due to his wilful
refusal to pay.
(e) If the court finds that the offender has violated a
condition at any time prior to the expiration or termination
of the period, it may continue him on the existing sentence or
supervision with or without modifying or enlarging the
conditions, or may impose any other sentence that was
available under Article 4.5 of Chapter V of this Code or
Section 11-501 of the Illinois Vehicle Code at the time of
initial sentencing.
(f) The conditions of conditional discharge and of
supervision may be modified by the court on motion of the
probation officer or on its own motion or at the request of the

HB4336 - 556 - LRB103 35348 RLC 65412 b
offender after notice to the defendant and a hearing.
(g) A judgment revoking supervision is a final appealable
order.
(h) Resentencing after revocation of conditional discharge
or of supervision shall be under Article 4. Time served on
conditional discharge or supervision shall be credited by the
court against a sentence of imprisonment or periodic
imprisonment unless the court orders otherwise.
(Source: P.A. 101-652, eff. 1-1-23.)
(730 ILCS 5/5-8A-7)
Sec. 5-8A-7. Domestic violence surveillance program. If
the Prisoner Review Board, Department of Corrections,
Department of Juvenile Justice, or court (the supervising
authority) orders electronic surveillance as a condition of
parole, aftercare release, mandatory supervised release, early
release, probation, or conditional discharge for a violation
of an order of protection or as a condition of bail pretrial
release for a person charged with a violation of an order of
protection, the supervising authority shall use the best
available global positioning technology to track domestic
violence offenders. Best available technology must have
real-time and interactive capabilities that facilitate the
following objectives: (1) immediate notification to the
supervising authority of a breach of a court ordered exclusion
zone; (2) notification of the breach to the offender; and (3)

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communication between the supervising authority, law
enforcement, and the victim, regarding the breach. The
supervising authority may also require that the electronic
surveillance ordered under this Section monitor the
consumption of alcohol or drugs.
(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
Sec. 8-2-1. Saving clause. The repeal of Acts or parts of
Acts enumerated in Section 8-5-1 does not: (1) affect any
offense committed, act done, prosecution pending, penalty,
punishment or forfeiture incurred, or rights, powers or
remedies accrued under any law in effect immediately prior to
the effective date of this Code; (2) impair, avoid, or affect
any grant or conveyance made or right acquired or cause of
action then existing under any such repealed Act or amendment
thereto; (3) affect or impair the validity of any bail or other
bond pretrial release or other obligation issued or sold and
constituting a valid obligation of the issuing authority
immediately prior to the effective date of this Code; (4) the
validity of any contract; or (5) the validity of any tax levied
under any law in effect prior to the effective date of this
Code. The repeal of any validating Act or part thereof shall
not avoid the effect of the validation. No Act repealed by
Section 8-5-1 shall repeal any Act or part thereof which
embraces the same or a similar subject matter as the Act

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repealed.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-260. The Unified Code of Corrections is amended
by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
5-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:
(730 ILCS 5/3-6-3)
Sec. 3-6-3. Rules and regulations for sentence credit.
(a)(1) The Department of Corrections shall prescribe rules
and regulations for awarding and revoking sentence credit for
persons committed to the Department of Corrections and the
Department of Juvenile Justice shall prescribe rules and
regulations for awarding and revoking sentence credit for
persons committed to the Department of Juvenile Justice under
Section 5-8-6 of the Unified Code of Corrections, which shall
be subject to review by the Prisoner Review Board.
(1.5) As otherwise provided by law, sentence credit may be
awarded for the following:
(A) successful completion of programming while in
custody of the Department of Corrections or the Department
of Juvenile Justice or while in custody prior to
sentencing;
(B) compliance with the rules and regulations of the
Department; or
(C) service to the institution, service to a

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community, or service to the State.
(2) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide, with respect to offenses listed in clause (i),
(ii), or (iii) of this paragraph (2) committed on or after June
19, 1998 or with respect to the offense listed in clause (iv)
of this paragraph (2) committed on or after June 23, 2005 (the
effective date of Public Act 94-71) or with respect to offense
listed in clause (vi) committed on or after June 1, 2008 (the
effective date of Public Act 95-625) or with respect to the
offense of being an armed habitual criminal committed on or
after August 2, 2005 (the effective date of Public Act 94-398)
or with respect to the offenses listed in clause (v) of this
paragraph (2) committed on or after August 13, 2007 (the
effective date of Public Act 95-134) or with respect to the
offense of aggravated domestic battery committed on or after
July 23, 2010 (the effective date of Public Act 96-1224) or
with respect to the offense of attempt to commit terrorism
committed on or after January 1, 2013 (the effective date of
Public Act 97-990), the following:
(i) that a prisoner who is serving a term of
imprisonment for first degree murder or for the offense of
terrorism shall receive no sentence credit and shall serve
the entire sentence imposed by the court;
(ii) that a prisoner serving a sentence for attempt to
commit terrorism, attempt to commit first degree murder,

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solicitation of murder, solicitation of murder for hire,
intentional homicide of an unborn child, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, aggravated
kidnapping, aggravated battery with a firearm as described
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
or (e)(4) of Section 12-3.05, heinous battery as described
in Section 12-4.1 or subdivision (a)(2) of Section
12-3.05, being an armed habitual criminal, aggravated
battery of a senior citizen as described in Section 12-4.6
or subdivision (a)(4) of Section 12-3.05, or aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment;
(iii) that a prisoner serving a sentence for home
invasion, armed robbery, aggravated vehicular hijacking,
aggravated discharge of a firearm, or armed violence with
a category I weapon or category II weapon, when the court
has made and entered a finding, pursuant to subsection
(c-1) of Section 5-4-1 of this Code, that the conduct
leading to conviction for the enumerated offense resulted
in great bodily harm to a victim, shall receive no more
than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment;
(iv) that a prisoner serving a sentence for aggravated

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discharge of a firearm, whether or not the conduct leading
to conviction for the offense resulted in great bodily
harm to the victim, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment;
(v) that a person serving a sentence for gunrunning,
narcotics racketeering, controlled substance trafficking,
methamphetamine trafficking, drug-induced homicide,
aggravated methamphetamine-related child endangerment,
money laundering pursuant to clause (c) (4) or (5) of
Section 29B-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or a Class X felony conviction for delivery
of a controlled substance, possession of a controlled
substance with intent to manufacture or deliver,
calculated criminal drug conspiracy, criminal drug
conspiracy, street gang criminal drug conspiracy,
participation in methamphetamine manufacturing,
aggravated participation in methamphetamine
manufacturing, delivery of methamphetamine, possession
with intent to deliver methamphetamine, aggravated
delivery of methamphetamine, aggravated possession with
intent to deliver methamphetamine, methamphetamine
conspiracy when the substance containing the controlled
substance or methamphetamine is 100 grams or more shall
receive no more than 7.5 days sentence credit for each
month of his or her sentence of imprisonment;

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(vi) that a prisoner serving a sentence for a second
or subsequent offense of luring a minor shall receive no
more than 4.5 days of sentence credit for each month of his
or her sentence of imprisonment; and
(vii) that a prisoner serving a sentence for
aggravated domestic battery shall receive no more than 4.5
days of sentence credit for each month of his or her
sentence of imprisonment.
(2.1) For all offenses, other than those enumerated in
subdivision (a)(2)(i), (ii), or (iii) committed on or after
June 19, 1998 or subdivision (a)(2)(iv) committed on or after
June 23, 2005 (the effective date of Public Act 94-71) or
subdivision (a)(2)(v) committed on or after August 13, 2007
(the effective date of Public Act 95-134) or subdivision
(a)(2)(vi) committed on or after June 1, 2008 (the effective
date of Public Act 95-625) or subdivision (a)(2)(vii)
committed on or after July 23, 2010 (the effective date of
Public Act 96-1224), and other than the offense of aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (F) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code,
and other than the offense of aggravated driving under the
influence of alcohol, other drug or drugs, or intoxicating
compound or compounds, or any combination thereof as defined
in subparagraph (C) of paragraph (1) of subsection (d) of

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Section 11-501 of the Illinois Vehicle Code committed on or
after January 1, 2011 (the effective date of Public Act
96-1230), the rules and regulations shall provide that a
prisoner who is serving a term of imprisonment shall receive
one day of sentence credit for each day of his or her sentence
of imprisonment or recommitment under Section 3-3-9. Each day
of sentence credit shall reduce by one day the prisoner's
period of imprisonment or recommitment under Section 3-3-9.
(2.2) A prisoner serving a term of natural life
imprisonment shall receive no sentence credit.
(2.3) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code, shall receive no more than 4.5 days of
sentence credit for each month of his or her sentence of
imprisonment.
(2.4) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide with respect to the offenses of aggravated
battery with a machine gun or a firearm equipped with any
device or attachment designed or used for silencing the report
of a firearm or aggravated discharge of a machine gun or a

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firearm equipped with any device or attachment designed or
used for silencing the report of a firearm, committed on or
after July 15, 1999 (the effective date of Public Act 91-121),
that a prisoner serving a sentence for any of these offenses
shall receive no more than 4.5 days of sentence credit for each
month of his or her sentence of imprisonment.
(2.5) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated arson committed on or after July 27, 2001 (the
effective date of Public Act 92-176) shall receive no more
than 4.5 days of sentence credit for each month of his or her
sentence of imprisonment.
(2.6) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations on sentence credit
shall provide that a prisoner who is serving a sentence for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds or any
combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) shall receive no
more than 4.5 days of sentence credit for each month of his or
her sentence of imprisonment.
(3) In addition to the sentence credits earned under
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

HB4336 - 565 - LRB103 35348 RLC 65412 b
subsection (a), the rules and regulations shall also provide
that the Director of Corrections or the Director of Juvenile
Justice may award up to 180 days of earned sentence credit for
prisoners serving a sentence of incarceration of less than 5
years, and up to 365 days of earned sentence credit for
prisoners serving a sentence of 5 years or longer. The
Director may grant this credit for good conduct in specific
instances as the either Director deems proper for eligible
persons in the custody of each Director's respective
Department. The good conduct may include, but is not limited
to, compliance with the rules and regulations of the
Department, service to the Department, service to a community,
or service to the State.
Eligible inmates for an award of earned sentence credit
under this paragraph (3) may be selected to receive the credit
at the either Director's or his or her designee's sole
discretion. Eligibility for the additional earned sentence
credit under this paragraph (3) shall may be based on, but is
not limited to, participation in programming offered by the
Department as appropriate for the prisoner based on the
results of any available risk/needs assessment or other
relevant assessments or evaluations administered by the
Department using a validated instrument, the circumstances of
the crime, any demonstrated commitment to rehabilitation by a
prisoner with a history of conviction for a forcible felony
enumerated in Section 2-8 of the Criminal Code of 2012, the

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inmate's behavior and improvements in disciplinary history
while incarcerated, and the inmate's commitment to
rehabilitation, including participation in programming offered
by the Department.
The Director of Corrections or the Director of Juvenile
Justice shall not award sentence credit under this paragraph
(3) to an inmate unless the inmate has served a minimum of 60
days of the sentence, including time served in a county jail;
except nothing in this paragraph shall be construed to permit
either Director to extend an inmate's sentence beyond that
which was imposed by the court. Prior to awarding credit under
this paragraph (3), each Director shall make a written
determination that the inmate:
(A) is eligible for the earned sentence credit;
(B) has served a minimum of 60 days, or as close to 60
days as the sentence will allow;
(B-1) has received a risk/needs assessment or other
relevant evaluation or assessment administered by the
Department using a validated instrument; and
(C) has met the eligibility criteria established by
rule for earned sentence credit.
The Director of Corrections or the Director of Juvenile
Justice shall determine the form and content of the written
determination required in this subsection.
(3.5) The Department shall provide annual written reports
to the Governor and the General Assembly on the award of earned

HB4336 - 567 - LRB103 35348 RLC 65412 b
sentence credit no later than February 1 of each year. The
Department must publish both reports on its website within 48
hours of transmitting the reports to the Governor and the
General Assembly. The reports must include:
(A) the number of inmates awarded earned sentence
credit;
(B) the average amount of earned sentence credit
awarded;
(C) the holding offenses of inmates awarded earned
sentence credit; and
(D) the number of earned sentence credit revocations.
(4)(A) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that the sentence credit accumulated and retained under
paragraph (2.1) of subsection (a) of this Section by any
inmate during specific periods of time in which such inmate
any prisoner who is engaged full-time in substance abuse
programs, correctional industry assignments, educational
programs, work-release programs or activities in accordance
with Article 13 of Chapter III of this Code, behavior
modification programs, life skills courses, or re-entry
planning provided by the Department under this paragraph (4)
and satisfactorily completes the assigned program as
determined by the standards of the Department, shall receive
be multiplied by a factor of 1.25 for program participation
before August 11, 1993 and 1.50 for program participation on

HB4336 - 568 - LRB103 35348 RLC 65412 b
or after that date one day of sentence credit for each day in
which that prisoner is engaged in the activities described in
this paragraph. The rules and regulations shall also provide
that sentence credit, subject to the same offense limits and
multiplier provided in this paragraph, may be provided to an
inmate who was held in pre-trial detention prior to his or her
current commitment to the Department of Corrections and
successfully completed a full-time, 60-day or longer substance
abuse program, educational program, behavior modification
program, life skills course, or re-entry planning provided by
the county department of corrections or county jail.
Calculation of this county program credit shall be done at
sentencing as provided in Section 5-4.5-100 of this Code and
shall be included in the sentencing order. However, no inmate
shall be eligible for the additional sentence credit under
this paragraph (4) or (4.1) of this subsection (a) while
assigned to a boot camp or electronic detention The rules and
regulations shall also provide that sentence credit may be
provided to an inmate who is in compliance with programming
requirements in an adult transition center.
(B) The Department shall award sentence credit under this
paragraph (4) accumulated prior to January 1, 2020 (the
effective date of Public Act 101-440) in an amount specified
in subparagraph (C) of this paragraph (4) to an inmate serving
a sentence for an offense committed prior to June 19, 1998, if
the Department determines that the inmate is entitled to this

HB4336 - 569 - LRB103 35348 RLC 65412 b
sentence credit, based upon:
(i) documentation provided by the Department that the
inmate engaged in any full-time substance abuse programs,
correctional industry assignments, educational programs,
behavior modification programs, life skills courses, or
re-entry planning provided by the Department under this
paragraph (4) and satisfactorily completed the assigned
program as determined by the standards of the Department
during the inmate's current term of incarceration; or
(ii) the inmate's own testimony in the form of an
affidavit or documentation, or a third party's
documentation or testimony in the form of an affidavit
that the inmate likely engaged in any full-time substance
abuse programs, correctional industry assignments,
educational programs, behavior modification programs, life
skills courses, or re-entry planning provided by the
Department under paragraph (4) and satisfactorily
completed the assigned program as determined by the
standards of the Department during the inmate's current
term of incarceration.
(C) If the inmate can provide documentation that he or she
is entitled to sentence credit under subparagraph (B) in
excess of 45 days of participation in those programs, the
inmate shall receive 90 days of sentence credit. If the inmate
cannot provide documentation of more than 45 days of
participation in those programs, the inmate shall receive 45

HB4336 - 570 - LRB103 35348 RLC 65412 b
days of sentence credit. In the event of a disagreement
between the Department and the inmate as to the amount of
credit accumulated under subparagraph (B), if the Department
provides documented proof of a lesser amount of days of
participation in those programs, that proof shall control. If
the Department provides no documentary proof, the inmate's
proof as set forth in clause (ii) of subparagraph (B) shall
control as to the amount of sentence credit provided.
(D) If the inmate has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act,
sentencing credits under subparagraph (B) of this paragraph
(4) shall be awarded by the Department only if the conditions
set forth in paragraph (4.6) of subsection (a) are satisfied.
No inmate serving a term of natural life imprisonment shall
receive sentence credit under subparagraph (B) of this
paragraph (4).
(E) The rules and regulations shall provide for the
recalculation of program credits awarded pursuant to this
paragraph (4) prior to July 1, 2021 (the effective date of
Public Act 101-652) at the rate set for such credits on and
after July 1, 2021.
Educational, vocational, substance abuse, behavior
modification programs, life skills courses, re-entry planning,
and correctional industry programs under which sentence credit
may be earned under this paragraph (4) and paragraph (4.1) of
this subsection (a) shall be evaluated by the Department on

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the basis of documented standards. The Department shall report
the results of these evaluations to the Governor and the
General Assembly by September 30th of each year. The reports
shall include data relating to the recidivism rate among
program participants.
Availability of these programs shall be subject to the
limits of fiscal resources appropriated by the General
Assembly for these purposes. Eligible inmates who are denied
immediate admission shall be placed on a waiting list under
criteria established by the Department. The rules and
regulations shall provide that a prisoner who has been placed
on a waiting list but is transferred for non-disciplinary
reasons before beginning a program shall receive priority
placement on the waitlist for appropriate programs at the new
facility. The inability of any inmate to become engaged in any
such programs by reason of insufficient program resources or
for any other reason established under the rules and
regulations of the Department shall not be deemed a cause of
action under which the Department or any employee or agent of
the Department shall be liable for damages to the inmate. The
rules and regulations shall provide that a prisoner who begins
an educational, vocational, substance abuse, work-release
programs or activities in accordance with Article 13 of
Chapter III of this Code, behavior modification program, life
skills course, re-entry planning, or correctional industry
programs but is unable to complete the program due to illness,

HB4336 - 572 - LRB103 35348 RLC 65412 b
disability, transfer, lockdown, or another reason outside of
the prisoner's control shall receive prorated sentence credits
for the days in which the prisoner did participate.
(4.1) Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall also provide
that an additional 90 days of sentence credit shall be awarded
to any prisoner who passes high school equivalency testing
while the prisoner is committed to the Department of
Corrections. The sentence credit awarded under this paragraph
(4.1) shall be in addition to, and shall not affect, the award
of sentence credit under any other paragraph of this Section,
but shall also be pursuant to the guidelines and restrictions
set forth in paragraph (4) of subsection (a) of this Section.
The sentence credit provided for in this paragraph shall be
available only to those prisoners who have not previously
earned a high school diploma or a State of Illinois High School
Diploma. If, after an award of the high school equivalency
testing sentence credit has been made, the Department
determines that the prisoner was not eligible, then the award
shall be revoked. The Department may also award 90 days of
sentence credit to any committed person who passed high school
equivalency testing while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections. Except as provided in paragraph (4.7) of this
subsection (a), the rules and regulations shall provide that
an additional 120 days of sentence credit shall be awarded to

HB4336 - 573 - LRB103 35348 RLC 65412 b
any prisoner who obtains an associate degree while the
prisoner is committed to the Department of Corrections,
regardless of the date that the associate degree was obtained,
including if prior to July 1, 2021 (the effective date of
Public Act 101-652). The sentence credit awarded under this
paragraph (4.1) shall be in addition to, and shall not affect,
the award of sentence credit under any other paragraph of this
Section, but shall also be under the guidelines and
restrictions set forth in paragraph (4) of subsection (a) of
this Section. The sentence credit provided for in this
paragraph (4.1) shall be available only to those prisoners who
have not previously earned an associate degree prior to the
current commitment to the Department of Corrections. If, after
an award of the associate degree sentence credit has been made
and the Department determines that the prisoner was not
eligible, then the award shall be revoked. The Department may
also award 120 days of sentence credit to any committed person
who earned an associate degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a bachelor's degree while the prisoner is
committed to the Department of Corrections. The sentence
credit awarded under this paragraph (4.1) shall be in addition

HB4336 - 574 - LRB103 35348 RLC 65412 b
to, and shall not affect, the award of sentence credit under
any other paragraph of this Section, but shall also be under
the guidelines and restrictions set forth in paragraph (4) of
this subsection (a). The sentence credit provided for in this
paragraph shall be available only to those prisoners who have
not earned a bachelor's degree prior to the current commitment
to the Department of Corrections. If, after an award of the
bachelor's degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
bachelor's degree while he or she was held in pre-trial
detention prior to the current commitment to the Department of
Corrections.
Except as provided in paragraph (4.7) of this subsection
(a), the rules and regulations shall provide that an
additional 180 days of sentence credit shall be awarded to any
prisoner who obtains a master's or professional degree while
the prisoner is committed to the Department of Corrections.
The sentence credit awarded under this paragraph (4.1) shall
be in addition to, and shall not affect, the award of sentence
credit under any other paragraph of this Section, but shall
also be under the guidelines and restrictions set forth in
paragraph (4) of this subsection (a). The sentence credit
provided for in this paragraph shall be available only to
those prisoners who have not previously earned a master's or

HB4336 - 575 - LRB103 35348 RLC 65412 b
professional degree prior to the current commitment to the
Department of Corrections. If, after an award of the master's
or professional degree sentence credit has been made, the
Department determines that the prisoner was not eligible, then
the award shall be revoked. The Department may also award 180
days of sentence credit to any committed person who earned a
master's or professional degree while he or she was held in
pre-trial detention prior to the current commitment to the
Department of Corrections.
(4.2)(A) The rules and regulations shall also provide that
any prisoner engaged in self-improvement programs, volunteer
work, or work assignments that are not otherwise eligible
activities under paragraph (4), shall receive up to 0.5 days
of sentence credit for each day in which the prisoner is
engaged in activities described in this paragraph.
(B) The rules and regulations shall provide for the award
of sentence credit under this paragraph (4.2) for qualifying
days of engagement in eligible activities occurring prior to
July 1, 2021 (the effective date of Public Act 101-652).
(4.5) The rules and regulations on sentence credit shall
also provide that when the court's sentencing order recommends
a prisoner for substance abuse treatment and the crime was
committed on or after September 1, 2003 (the effective date of
Public Act 93-354), the prisoner shall receive no sentence
credit awarded under clause (3) of this subsection (a) unless
he or she participates in and completes a substance abuse

HB4336 - 576 - LRB103 35348 RLC 65412 b
treatment program. The Director of Corrections may waive the
requirement to participate in or complete a substance abuse
treatment program in specific instances if the prisoner is not
a good candidate for a substance abuse treatment program for
medical, programming, or operational reasons. Availability of
substance abuse treatment shall be subject to the limits of
fiscal resources appropriated by the General Assembly for
these purposes. If treatment is not available and the
requirement to participate and complete the treatment has not
been waived by the Director, the prisoner shall be placed on a
waiting list under criteria established by the Department. The
Director may allow a prisoner placed on a waiting list to
participate in and complete a substance abuse education class
or attend substance abuse self-help meetings in lieu of a
substance abuse treatment program. A prisoner on a waiting
list who is not placed in a substance abuse program prior to
release may be eligible for a waiver and receive sentence
credit under clause (3) of this subsection (a) at the
discretion of the Director.
(4.6) The rules and regulations on sentence credit shall
also provide that a prisoner who has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act shall receive no sentence credit unless he or
she either has successfully completed or is participating in
sex offender treatment as defined by the Sex Offender
Management Board. However, prisoners who are waiting to

HB4336 - 577 - LRB103 35348 RLC 65412 b
receive treatment, but who are unable to do so due solely to
the lack of resources on the part of the Department, may, at
either Director's sole discretion, be awarded sentence credit
at a rate as the Director shall determine.
(4.7) On or after January 1, 2018 (the effective date of
Public Act 100-3), sentence credit under paragraph (3), (4),
or (4.1) of this subsection (a) may be awarded to a prisoner
who is serving a sentence for an offense described in
paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
on or after January 1, 2018 (the effective date of Public Act
100-3); provided, the award of the credits under this
paragraph (4.7) shall not reduce the sentence of the prisoner
to less than the following amounts:
(i) 85% of his or her sentence if the prisoner is
required to serve 85% of his or her sentence; or
(ii) 60% of his or her sentence if the prisoner is
required to serve 75% of his or her sentence, except if the
prisoner is serving a sentence for gunrunning his or her
sentence shall not be reduced to less than 75%.
(iii) 100% of his or her sentence if the prisoner is
required to serve 100% of his or her sentence.
(5) Whenever the Department is to release any inmate
earlier than it otherwise would because of a grant of earned
sentence credit under paragraph (3) of subsection (a) of this
Section given at any time during the term, the Department
shall give reasonable notice of the impending release not less

HB4336 - 578 - LRB103 35348 RLC 65412 b
than 14 days prior to the date of the release to the State's
Attorney of the county where the prosecution of the inmate
took place, and if applicable, the State's Attorney of the
county into which the inmate will be released. The Department
must also make identification information and a recent photo
of the inmate being released accessible on the Internet by
means of a hyperlink labeled "Community Notification of Inmate
Early Release" on the Department's World Wide Web homepage.
The identification information shall include the inmate's:
name, any known alias, date of birth, physical
characteristics, commitment offense, and county where
conviction was imposed. The identification information shall
be placed on the website within 3 days of the inmate's release
and the information may not be removed until either:
completion of the first year of mandatory supervised release
or return of the inmate to custody of the Department.
(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of sentence credit.
(c) (1) The Department shall prescribe rules and
regulations for revoking sentence credit, including revoking
sentence credit awarded under paragraph (3) of subsection (a)
of this Section. The Department shall prescribe rules and
regulations establishing and requiring the use of a sanctions
matrix for revoking sentence credit. The Department shall

HB4336 - 579 - LRB103 35348 RLC 65412 b
prescribe rules and regulations for suspending or reducing the
rate of accumulation of sentence credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of sentence credit for any one infraction.
(2) When the Department seeks to revoke, suspend, or
reduce the rate of accumulation of any sentence credits for an
alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
sentence credits before the Prisoner Review Board as provided
in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days, whether from one
infraction or cumulatively from multiple infractions arising
out of a single event, or when, during any 12-month period, the
cumulative amount of credit revoked exceeds 30 days except
where the infraction is committed or discovered within 60 days
of scheduled release. In those cases, the Department of
Corrections may revoke up to 30 days of sentence credit. The
Board may subsequently approve the revocation of additional
sentence credit, if the Department seeks to revoke sentence
credit in excess of 30 days. However, the Board shall not be
empowered to review the Department's decision with respect to
the loss of 30 days of sentence credit within any calendar year
for any prisoner or to increase any penalty beyond the length
requested by the Department.
(3) The Director of Corrections or the Director of

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Juvenile Justice, in appropriate cases, may restore up to 30
days of sentence credits which have been revoked, suspended,
or reduced. Any restoration of sentence credits in excess of
30 days shall be subject to review by the Prisoner Review
Board. However, the Board may not restore sentence credit in
excess of the amount requested by the Director The Department
shall prescribe rules and regulations governing the
restoration of sentence credits. These rules and regulations
shall provide for the automatic restoration of sentence
credits following a period in which the prisoner maintains a
record without a disciplinary violation.
Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of sentence credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of
Corrections, or the Prisoner Review Board, or against any of
their officers or employees, and the court makes a specific
finding that a pleading, motion, or other paper filed by the
prisoner is frivolous, the Department of Corrections shall
conduct a hearing to revoke up to 180 days of sentence credit
by bringing charges against the prisoner sought to be deprived
of the sentence credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

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If the prisoner has not accumulated 180 days of sentence
credit at the time of the finding, then the Prisoner Review
Board may revoke all sentence credit accumulated by the
prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
other filing which purports to be a legal document filed
by a prisoner in his or her lawsuit meets any or all of the
following criteria:
(A) it lacks an arguable basis either in law or in
fact;
(B) it is being presented for any improper
purpose, such as to harass or to cause unnecessary
delay or needless increase in the cost of litigation;
(C) the claims, defenses, and other legal
contentions therein are not warranted by existing law
or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the
establishment of new law;
(D) the allegations and other factual contentions
do not have evidentiary support or, if specifically so
identified, are not likely to have evidentiary support
after a reasonable opportunity for further
investigation or discovery; or
(E) the denials of factual contentions are not
warranted on the evidence, or if specifically so

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identified, are not reasonably based on a lack of
information or belief.
(2) "Lawsuit" means a motion pursuant to Section 116-3
of the Code of Criminal Procedure of 1963, a habeas corpus
action under Article X of the Code of Civil Procedure or
under federal law (28 U.S.C. 2254), a petition for claim
under the Court of Claims Act, an action under the federal
Civil Rights Act (42 U.S.C. 1983), or a second or
subsequent petition for post-conviction relief under
Article 122 of the Code of Criminal Procedure of 1963
whether filed with or without leave of court or a second or
subsequent petition for relief from judgment under Section
2-1401 of the Code of Civil Procedure.
(e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
(f) Whenever the Department is to release any inmate who
has been 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, earlier than it otherwise would
because of a grant of sentence credit, the Department, as a
condition of release, shall require that the person, upon
release, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code.
(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.
1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

HB4336 - 583 - LRB103 35348 RLC 65412 b
9-18-23.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) After a determination of guilt, a hearing shall be
held to impose the sentence. However, prior to the imposition
of sentence on an individual being sentenced for an offense
based upon a charge for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional
evaluation to determine if an alcohol or other drug abuse
problem exists and the extent of such a problem. Programs
conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is
not a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court shall make a specific
finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the

HB4336 - 584 - LRB103 35348 RLC 65412 b
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a
victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the

HB4336 - 585 - LRB103 35348 RLC 65412 b
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent
crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on

HB4336 - 586 - LRB103 35348 RLC 65412 b
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and

HB4336 - 587 - LRB103 35348 RLC 65412 b
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an

HB4336 - 588 - LRB103 35348 RLC 65412 b
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
(c-1.5) (Blank). Notwithstanding any other provision of
law to the contrary, in imposing a sentence for an offense that
requires a mandatory minimum sentence of imprisonment, the
court may instead sentence the offender to probation,
conditional discharge, or a lesser term of imprisonment it
deems appropriate if: (1) the offense involves the use or

HB4336 - 589 - LRB103 35348 RLC 65412 b
possession of drugs, retail theft, or driving on a revoked
license due to unpaid financial obligations; (2) the court
finds that the defendant does not pose a risk to public safety;
and (3) the interest of justice requires imposing a term of
probation, conditional discharge, or a lesser term of
imprisonment. The court must state on the record its reasons
for imposing probation, conditional discharge, or a lesser
term of imprisonment.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment is imposed, at
the time the sentence is imposed the judge shall state on the
record in open court the approximate period of time the
defendant will serve in custody according to the then current
statutory rules and regulations for sentence credit found in
Section 3-6-3 and other related provisions of this Code. This
statement is intended solely to inform the public, has no
legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois

HB4336 - 590 - LRB103 35348 RLC 65412 b
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act

HB4336 - 591 - LRB103 35348 RLC 65412 b
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June

HB4336 - 592 - LRB103 35348 RLC 65412 b
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit

HB4336 - 593 - LRB103 35348 RLC 65412 b
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified

HB4336 - 594 - LRB103 35348 RLC 65412 b
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) (Blank). In imposing a sentence for a Class 3 or 4
felony, other than a violent crime as defined in Section 3 of
the Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall

HB4336 - 595 - LRB103 35348 RLC 65412 b
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.3) the person's last known complete street address
prior to incarceration or legal residence, the person's
race, whether the person is of Hispanic or Latino origin,
and whether the person is 18 years of age or older;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the

HB4336 - 596 - LRB103 35348 RLC 65412 b
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
103-51, eff. 1-1-24; revised 7-31-23.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the

HB4336 - 597 - LRB103 35348 RLC 65412 b
same elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,
1980.
(B) The third offense was committed within 20
years of the date that judgment was entered on the
first conviction; provided, however, that time spent
in custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(E) (Blank). The first offense was committed when

HB4336 - 598 - LRB103 35348 RLC 65412 b
the person was 21 years of age or older.
(5) Anyone who, having attained the age of 18 at the
time of the third offense, is adjudged an habitual
criminal shall be sentenced to a term of natural life
imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised
in that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that
former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that
sentence and impose a new sentence in accordance with this
Section.

HB4336 - 599 - LRB103 35348 RLC 65412 b
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by
the prosecution is not a former conviction of an offense
set forth in this Section because of the existence of any
exceptions described in this Section, is waived unless
duly raised at the hearing on that conviction, or unless
the prosecution's proof shows the existence of the
exceptions described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and
sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 forcible felony, except for
an offense listed in subsection (c-5) of this Section, after
having twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now (the

HB4336 - 600 - LRB103 35348 RLC 65412 b
date the Class 1 or Class 2 forcible felony was committed)
classified in Illinois as a Class 2 or greater Class forcible
felony, except for an offense listed in subsection (c-5) of
this Section, and those charges are separately brought and
tried and arise out of different series of acts, that
defendant shall be sentenced as a Class X offender. This
subsection does not apply unless:
(1) the first forcible felony was committed after
February 1, 1978 (the effective date of Public Act
80-1099);
(2) the second forcible felony was committed after
conviction on the first;
(3) the third forcible felony was committed after
conviction on the second; and
(4) (blank). the first offense was committed when the
person was 21 years of age or older.
(c) (Blank).
(c-5) Subsection (b) of this Section does not apply to
Class 1 or Class 2 felony convictions for a violation of
Section 16-1 of the Criminal Code of 2012.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Substance Use Disorder Act (20 ILCS 301/40-10).
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;
101-652, eff. 7-1-21.)

HB4336 - 601 - LRB103 35348 RLC 65412 b
(730 ILCS 5/5-4.5-100)
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
(a) COMMENCEMENT. A sentence of imprisonment shall
commence on the date on which the offender is received by the
Department or the institution at which the sentence is to be
served.
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
forth in subsection (e), the offender shall be given credit on
the determinate sentence or maximum term and the minimum
period of imprisonment for the number of days spent in custody
as a result of the offense for which the sentence was imposed.
The Department shall calculate the credit at the rate
specified in Section 3-6-3 (730 ILCS 5/3-6-3). Except when
prohibited by subsection (d-5), the The trial court shall give
credit to the defendant for time spent in home detention on the
same sentencing terms as incarceration as provided in Section
5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of
credit includes restrictions on liberty such as curfews
restricting movement for 12 hours or more per day and
electronic monitoring that restricts travel or movement.
Electronic monitoring is not required for home detention to be
considered custodial for purposes of sentencing credit. The
trial court may give credit to the defendant for the number of
days spent confined for psychiatric or substance abuse
treatment prior to judgment, if the court finds that the

HB4336 - 602 - LRB103 35348 RLC 65412 b
detention or confinement was custodial.
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
arrested on one charge and prosecuted on another charge for
conduct that occurred prior to his or her arrest shall be given
credit on the determinate sentence or maximum term and the
minimum term of imprisonment for time spent in custody under
the former charge not credited against another sentence.
(c-5) CREDIT; PROGRAMMING. The trial court shall give the
defendant credit for successfully completing county
programming while in custody prior to imposition of sentence
at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For
the purposes of this subsection, "custody" includes time spent
in home detention.
(d) (Blank).
(d-5) NO CREDIT; SOME HOME DETENTION. An offender
sentenced to a term of imprisonment for an offense listed in
paragraph (2) of subsection (c) of Section 5-5-3 or in
paragraph (3) of subsection (c-1) of Section 11-501 of the
Illinois Vehicle Code shall not receive credit for time spent
in home detention prior to judgment.
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
RELEASE, OR PROBATION. An offender charged with the commission
of an offense committed while on parole, mandatory supervised
release, or probation shall not be given credit for time spent
in custody under subsection (b) for that offense for any time
spent in custody as a result of a revocation of parole,

HB4336 - 603 - LRB103 35348 RLC 65412 b
mandatory supervised release, or probation where such
revocation is based on a sentence imposed for a previous
conviction, regardless of the facts upon which the revocation
of parole, mandatory supervised release, or probation is
based, unless both the State and the defendant agree that the
time served for a violation of mandatory supervised release,
parole, or probation shall be credited towards the sentence
for the current offense.
(Source: P.A. 101-652, eff. 7-1-21.)
(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 subparagraph (b-5) are present, the

HB4336 - 604 - LRB103 35348 RLC 65412 b
court may sentence the defendant, subject to Section
5-4.5-105, to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;
(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,
ship, bus, or other public conveyance;
(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;
(4) the murdered individual was killed in the
course of another felony if:

HB4336 - 605 - LRB103 35348 RLC 65412 b
(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death
of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or
great bodily harm to the murdered
individual or another; and

HB4336 - 606 - LRB103 35348 RLC 65412 b
(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,
predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from
testifying or participating in any criminal
investigation or prosecution or giving material

HB4336 - 607 - LRB103 35348 RLC 65412 b
assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or
while engaged in a conspiracy or solicitation to
commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of
Corrections at the time of the murder, and while
committing an offense punishable as a felony under

HB4336 - 608 - LRB103 35348 RLC 65412 b
Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of
a hierarchical position of authority superior to
that of all other members of the conspiracy, and
the defendant counseled, commanded, induced,
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by
an intent to increase or prolong the pain,
suffering or agony of the victim;

HB4336 - 609 - LRB103 35348 RLC 65412 b
(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;
(13) the murdered individual was subject to an
order of protection and the murder was committed
by a person against whom the same order of
protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used
for school purposes;

HB4336 - 610 - LRB103 35348 RLC 65412 b
(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or
advanced practice registered nurse; and
(iii) the murdered individual was killed in
the course of acting in his or her capacity as a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(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

HB4336 - 611 - LRB103 35348 RLC 65412 b
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

HB4336 - 612 - LRB103 35348 RLC 65412 b
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 -

HB4336 - 613 - LRB103 35348 RLC 65412 b
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,

HB4336 - 614 - LRB103 35348 RLC 65412 b
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 a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault 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, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault 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, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory

HB4336 - 615 - LRB103 35348 RLC 65412 b
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), 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.
(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

HB4336 - 616 - LRB103 35348 RLC 65412 b
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), for a Class 3 felony or a Class 4
felony, 6 months; no later than 45 days after the onset of
the term of mandatory supervised release, the Prisoner

HB4336 - 617 - LRB103 35348 RLC 65412 b
Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly;
(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), 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

HB4336 - 618 - LRB103 35348 RLC 65412 b
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.

HB4336 - 619 - LRB103 35348 RLC 65412 b
(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 July 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. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.

HB4336 - 620 - LRB103 35348 RLC 65412 b
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of

HB4336 - 621 - LRB103 35348 RLC 65412 b
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(4) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery may be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the

HB4336 - 622 - LRB103 35348 RLC 65412 b
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection

HB4336 - 623 - LRB103 35348 RLC 65412 b
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated

HB4336 - 624 - LRB103 35348 RLC 65412 b
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle crash involving death
or personal injuries under Section 11-401 of the Illinois
Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to

HB4336 - 625 - LRB103 35348 RLC 65412 b
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank).
(8.1) If a person charged with a felony commits a
separate felony while on bond or in pretrial detention in
a county jail facility or county detention facility, then
the sentences imposed upon conviction of these felonies
shall be served consecutively regardless of the order in
which the judgments of conviction are entered.
(8.5) (Blank).
(8.6) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery shall be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.

HB4336 - 626 - LRB103 35348 RLC 65412 b
(9) (Blank).
(9.1) If a person admitted to bail following
conviction of a felony commits a separate felony while
free on bond or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate
felony shall be consecutive to that of the original
sentence for which the defendant was on bond or detained.
(10) (Blank).
(10.1) If a person is found to be in possession of an
item of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pre-trial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution shall be
served consecutively to the sentence imposed for the
offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(11) (Blank).
(11.1) If a person is sentenced for a violation of
bail bond under Section 32-10 of the Criminal Code of 1961
or the Criminal Code of 2012, any sentence imposed for
that violation shall be served consecutive to the sentence

HB4336 - 627 - LRB103 35348 RLC 65412 b
imposed for the charge for which bail had been granted and
with respect to which the defendant has been convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced

HB4336 - 628 - LRB103 35348 RLC 65412 b
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the

HB4336 - 629 - LRB103 35348 RLC 65412 b
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
Sec. 5-8-6. Place of confinement.

HB4336 - 630 - LRB103 35348 RLC 65412 b
(a) Offenders Except as otherwise provided in this
subsection (a), offenders sentenced to a term of imprisonment
for a felony shall be committed to the penitentiary system of
the Department of Corrections. However, such sentence shall
not limit the powers of the Department of Children and Family
Services in relation to any child under the age of one year in
the sole custody of a person so sentenced, nor in relation to
any child delivered by a female so sentenced while she is so
confined as a consequence of such sentence. A Except as
otherwise provided in this subsection (a), a person sentenced
for a felony may be assigned by the Department of Corrections
to any of its institutions, facilities or programs. An
offender sentenced to a term of imprisonment for a Class 3 or 4
felony, other than a violent crime as defined in Section 3 of
the Rights of Crime Victims and Witnesses Act, in which the
sentencing order indicates that the offender has less than 4
months remaining on his or her sentence accounting for time
served may not be confined in the penitentiary system of the
Department of Corrections but may be assigned to electronic
home detention under Article 8A of this Chapter V, an adult
transition center, or another facility or program within the
Department of Corrections.
(b) Offenders sentenced to a term of imprisonment for less
than one year shall be committed to the custody of the sheriff.
A person committed to the Department of Corrections, prior to
July 14, 1983, for less than one year may be assigned by the

HB4336 - 631 - LRB103 35348 RLC 65412 b
Department to any of its institutions, facilities or programs.
(c) All offenders under 18 years of age when sentenced to
imprisonment shall be committed to the Department of Juvenile
Justice and the court in its order of commitment shall set a
definite term. The provisions of Section 3-3-3 shall be a part
of such commitment as fully as though written in the order of
commitment. The place of confinement for sentences imposed
before the effective date of this amendatory Act of the 99th
General Assembly are not affected or abated by this amendatory
Act of the 99th General Assembly.
(d) No defendant shall be committed to the Department of
Corrections for the recovery of a fine or costs.
(e) When a court sentences a defendant to a term of
imprisonment concurrent with a previous and unexpired sentence
of imprisonment imposed by any district court of the United
States, it may commit the offender to the custody of the
Attorney General of the United States. The Attorney General of
the United States, or the authorized representative of the
Attorney General of the United States, shall be furnished with
the warrant of commitment from the court imposing sentence,
which warrant of commitment shall provide that, when the
offender is released from federal confinement, whether by
parole or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Department of Corrections. The court shall cause the
Department to be notified of such sentence at the time of

HB4336 - 632 - LRB103 35348 RLC 65412 b
commitment and to be provided with copies of all records
regarding the sentence.
(Source: P.A. 101-652, eff. 7-1-21.)
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
Sec. 5-8A-2. Definitions. As used in this Article:
(A) "Approved electronic monitoring device" means a device
approved by the supervising authority which is primarily
intended to record or transmit information as to the
defendant's presence or nonpresence in the home, consumption
of alcohol, consumption of drugs, location as determined
through GPS, cellular triangulation, Wi-Fi, or other
electronic means.
An approved electronic monitoring device may record or
transmit: oral or wire communications or an auditory sound;
visual images; or information regarding the offender's
activities while inside the offender's home. These devices are
subject to the required consent as set forth in Section 5-8A-5
of this Article.
An approved electronic monitoring device may be used to
record a conversation between the participant and the
monitoring device, or the participant and the person
supervising the participant solely for the purpose of
identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(A-10) "Department" means the Department of Corrections or

HB4336 - 633 - LRB103 35348 RLC 65412 b
the Department of Juvenile Justice.
(A-20) "Electronic monitoring" means the monitoring of an
inmate, person, or offender with an electronic device both
within and outside of their home under the terms and
conditions established by the supervising authority.
(B) "Excluded offenses" means first degree murder, escape,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, bringing or possessing a firearm, ammunition or
explosive in a penal institution, any "Super-X" drug offense
or calculated criminal drug conspiracy or streetgang criminal
drug conspiracy, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses.
(B-10) "GPS" means a device or system which utilizes the
Global Positioning Satellite system for determining the
location of a person, inmate or offender.
(C) "Home detention" means the confinement of a person
convicted or charged with an offense to his or her place of
residence under the terms and conditions established by the
supervising authority. Confinement need not be 24 hours per
day to qualify as home detention, and significant restrictions
on liberty such as 7pm to 7am curfews shall qualify. Home
confinement may or may not be accompanied by electronic

HB4336 - 634 - LRB103 35348 RLC 65412 b
monitoring, and electronic monitoring is not required for
purposes of sentencing credit.
(D) "Participant" means an inmate or offender placed into
an electronic monitoring program.
(E) "Supervising authority" means the Department of
Corrections, the Department of Juvenile Justice, probation
department, a Chief Judge's office, pretrial services division
or department, sheriff, superintendent of municipal house of
corrections or any other officer or agency charged with
authorizing and supervising electronic monitoring and home
detention.
(F) "Super-X drug offense" means a violation of Section
401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
(C), or (D) of the Illinois Controlled Substances Act.
(G) "Wi-Fi" or "WiFi" means a device or system which
utilizes a wireless local area network for determining the
location of a person, inmate or offender.
(Source: P.A. 101-652, eff. 7-1-21.)
(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 shall may include,

HB4336 - 635 - LRB103 35348 RLC 65412 b
but not be limited to, the following:
(A) The participant may be instructed to shall 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 may
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.

HB4336 - 636 - LRB103 35348 RLC 65412 b
(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). In this subdivision
(A-1), "days" means a reasonable time period during a
calendar day, as outlined by the court in the order
placing the person on home confinement.
(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:

HB4336 - 637 - LRB103 35348 RLC 65412 b
(1) access to a working telephone in the
participant's home;
(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;
102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-8A-4.1)
Sec. 5-8A-4.1. Escape; failure to comply with a condition

HB4336 - 638 - LRB103 35348 RLC 65412 b
of the electronic monitoring or home detention program.
(a) A person charged with or convicted of a felony, or
charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a felony,
conditionally released from the supervising authority through
an electronic monitoring or home detention program, who
knowingly escapes or leaves from the geographic boundaries of
an electronic monitoring or home detention program with the
intent to evade prosecution violates a condition of the
electronic monitoring or home detention program is guilty of a
Class 3 felony.
(b) A person charged with or convicted of a misdemeanor,
or charged with or adjudicated delinquent for an act which, if
committed by an adult, would constitute a misdemeanor,
conditionally released from the supervising authority through
an electronic monitoring or home detention program, who
knowingly escapes or leaves from the geographic boundaries of
an electronic monitoring or home detention program with the
intent to evade prosecution violates a condition of the
electronic monitoring or home detention program is guilty of a
Class B misdemeanor.
(c) A person who violates this Section while armed with a
dangerous weapon is guilty of a Class 1 felony.
(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
(730 ILCS 5/5-6-3.8 rep.)

HB4336 - 639 - LRB103 35348 RLC 65412 b
(730 ILCS 5/5-8A-4.15 rep.)
Section 2-265. The Unified Code of Corrections is amended
by repealing Sections 5-6-3.8 and 5-8A-4.15.
Section 2-270. The Probation and Probation Officers Act is
amended by changing Section 18 as follows:
(730 ILCS 110/18)
Sec. 18. Probation and court services departments
considered pretrial services agencies. For the purposes of
administering the provisions of Public Act 95-773, known as
the Cindy Bischof Law, all probation and court services
departments are to be considered pretrial services agencies
under the Pretrial Services Act and under the bail bond
pretrial release provisions of the Code of Criminal Procedure
of 1963.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-275. The County Jail Act is amended by changing
Section 5 as follows:
(730 ILCS 125/5) (from Ch. 75, par. 105)
Sec. 5. Costs of maintaining prisoners.
(a) Except as provided in subsections (b) and (c), all
costs of maintaining persons committed for violations of
Illinois law, shall be the responsibility of the county.

HB4336 - 640 - LRB103 35348 RLC 65412 b
Except as provided in subsection (b), all costs of maintaining
persons committed under any ordinance or resolution of a unit
of local government, including medical costs, is the
responsibility of the unit of local government enacting the
ordinance or resolution, and arresting the person.
(b) If a person who is serving a term of mandatory
supervised release for a felony is incarcerated in a county
jail, the Illinois Department of Corrections shall pay the
county in which that jail is located one-half of the cost of
incarceration, as calculated by the Governor's Office of
Management and Budget and the county's chief financial
officer, for each day that the person remains in the county
jail after notice of the incarceration is given to the
Illinois Department of Corrections by the county, provided
that (i) the Illinois Department of Corrections has issued a
warrant for an alleged violation of mandatory supervised
release by the person; (ii) if the person is incarcerated on a
new charge, unrelated to the offense for which he or she is on
mandatory supervised release, there has been a court hearing
at which bail has the conditions of pretrial release have been
set on the new charge; (iii) the county has notified the
Illinois Department of Corrections that the person is
incarcerated in the county jail, which notice shall not be
given until the bail hearing has concluded, if the person is
incarcerated on a new charge; and (iv) the person remains
incarcerated in the county jail for more than 48 hours after

HB4336 - 641 - LRB103 35348 RLC 65412 b
the notice has been given to the Department of Corrections by
the county. Calculation of the per diem cost shall be agreed
upon prior to the passage of the annual State budget.
(c) If a person who is serving a term of mandatory
supervised release is incarcerated in a county jail, following
an arrest on a warrant issued by the Illinois Department of
Corrections, solely for violation of a condition of mandatory
supervised release and not on any new charges for a new
offense, then the Illinois Department of Corrections shall pay
the medical costs incurred by the county in securing treatment
for that person, for any injury or condition other than one
arising out of or in conjunction with the arrest of the person
or resulting from the conduct of county personnel, while he or
she remains in the county jail on the warrant issued by the
Illinois Department of Corrections.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-280. The County Jail Good Behavior Allowance Act
is amended by changing Section 3 as follows:
(730 ILCS 130/3) (from Ch. 75, par. 32)
Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person
to a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the

HB4336 - 642 - LRB103 35348 RLC 65412 b
offense for which he is confined shall receive no good
behavior allowance; and (2) a person sentenced for an offense
for which the law provides a mandatory minimum sentence shall
not receive any portion of a good behavior allowance that
would reduce the sentence below the mandatory minimum; and (3)
a person sentenced to a county impact incarceration program;
and (4) a person who is convicted of criminal sexual assault
under subdivision (a)(3) of Section 11-1.20 or paragraph
(a)(3) of Section 12-13 of the Criminal Code of 1961 or the
Criminal Code of 2012, criminal sexual abuse, or aggravated
criminal sexual abuse shall receive no good behavior
allowance. The good behavior allowance provided for in this
Section shall not apply to individuals sentenced for a felony
to probation or conditional discharge where a condition of
such probation or conditional discharge is that the individual
serve a sentence of periodic imprisonment or to individuals
sentenced under an order of court for civil contempt.
Such good behavior allowance shall be cumulative and
awarded as provided in this Section.
The good behavior allowance rate shall be cumulative and
awarded on the following basis:
The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was

HB4336 - 643 - LRB103 35348 RLC 65412 b
unable to post bail comply with the conditions of pretrial
release before sentencing, except that a prisoner serving a
sentence of periodic imprisonment under Section 5-7-1 of the
Unified Code of Corrections shall only be eligible to receive
good behavior allowance if authorized by the sentencing judge.
Each day of good behavior allowance shall reduce by one day the
prisoner's period of incarceration set by the court. For the
purpose of calculating a prisoner's good behavior allowance, a
fractional part of a day shall not be calculated as a day of
service of sentence in the county jail unless the fractional
part of the day is over 12 hours in which case a whole day
shall be credited on the good behavior allowance.
If consecutive sentences are served and the time served
amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-285. The Veterans and Servicemembers Court
Treatment Act is amended by changing Section 20 as follows:
(730 ILCS 167/20)
Sec. 20. Eligibility. Veterans and servicemembers are
eligible for veterans and servicemembers courts, provided the
following:

HB4336 - 644 - LRB103 35348 RLC 65412 b
(a) A defendant may be admitted into a veterans and
servicemembers court program only upon the consent of the
defendant and with the approval of the court. A defendant
agrees to be admitted when a written consent to
participate is provided to the court in open court and the
defendant acknowledges understanding of its contents.
(a-5) Each veterans and servicemembers court shall
have a target population defined in its written policies
and procedures. The policies and procedures shall define
that court's eligibility and exclusionary criteria.
(b) A defendant shall be excluded from a veterans and
servicemembers court program if any of one of the
following applies:
(1) The crime is a crime of violence as set forth
in paragraph (3) of this subsection (b).
(2) The defendant does not demonstrate a
willingness to participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 5 years excluding
incarceration time, parole, and periods of mandatory
supervised release. As used in this paragraph, "crime
of violence" means: first degree murder, second degree
murder, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual
assault, armed robbery, aggravated arson, arson,
aggravated kidnapping and kidnapping, aggravated

HB4336 - 645 - LRB103 35348 RLC 65412 b
battery resulting in great bodily harm or permanent
disability, aggravated domestic battery resulting in
great bodily harm or permanent disability, aggravated
criminal sexual abuse by a person in a position of
trust or authority over a child, stalking, aggravated
stalking, home invasion, aggravated vehicular
hijacking, or any offense involving the discharge of a
firearm.
(4) The defendant is charged with a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code in which
an individual is charged with aggravated driving under
the influence that resulted in the death of another
person or when the violation was a proximate cause of
the death, unless, pursuant to subparagraph (G) of
paragraph (1) of subsection (d) of Section 11-501 of
the Illinois Vehicle Code, the court determines that
extraordinary circumstances exist and require
probation.
(4.1) The crime for which the defendant has been
convicted is non-probationable.
(5) (Blank).
(6) (Blank).
(c) Notwithstanding subsection (a), the defendant may
be admitted into a veterans and servicemembers court
program only upon the agreement of the prosecutor if the

HB4336 - 646 - LRB103 35348 RLC 65412 b
defendant is charged with a Class 2 or greater felony
violation of:
(1) Section 401, 401.1, 405, or 405.2 of the
Illinois Controlled Substances Act;
(2) Section 5, 5.1, or 5.2 of the Cannabis Control
Act; or
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
or 65 of the Methamphetamine Control and Community
Protection Act.
(Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)
Section 2-290. The Mental Health Court Treatment Act is
amended by changing Section 20 as follows:
(730 ILCS 168/20)
Sec. 20. Eligibility.
(a) A defendant may be admitted into a mental health court
program only upon the consent of the defendant and with the
approval of the court. A defendant agrees to be admitted when a
written consent to participate is provided to the court in
open court and the defendant acknowledges understanding its
contents.
(a-5) Each mental health court shall have a target
population defined in its written policies and procedures. The
policies and procedures shall define that court's eligibility
and exclusionary criteria.

HB4336 - 647 - LRB103 35348 RLC 65412 b
(b) A defendant shall be excluded from a mental health
court program if any one of the following applies:
(1) The crime is a crime of violence as set forth in
paragraph (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness
to participate in a treatment program.
(3) The defendant has been convicted of a crime of
violence within the past 5 years excluding incarceration
time, parole, and periods of mandatory supervised release.
As used in this paragraph (3), "crime of violence" means:
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated arson, arson, aggravated kidnapping,
kidnapping, aggravated battery resulting in great bodily
harm or permanent disability, aggravated domestic battery
resulting in great bodily harm or permanent disability,
aggravated criminal sexual abuse by a person in a position
of trust or authority over a child, stalking, aggravated
stalking, home invasion, aggravated vehicular hijacking,
or any offense involving the discharge of a firearm.
(4) The defendant is charged with a violation of
subparagraph (F) of paragraph (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle Code in which an
individual is charged with aggravated driving under the
influence that resulted in the death of another person or

HB4336 - 648 - LRB103 35348 RLC 65412 b
when the violation was a proximate cause of the death,
unless, pursuant to subparagraph (G) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle
Code, the court determines that extraordinary
circumstances exist and require probation.
(5) The crime for which the defendant has been
convicted is non-probationable. (Blank).
(6) (Blank).
(c) Notwithstanding subsection (a), the defendant may be
admitted into a mental health court program only upon the
agreement of the prosecutor if the defendant is charged with a
Class 2 or greater felony violation of:
(1) Section 401, 401.1, 405, or 405.2 of the Illinois
Controlled Substances Act;
(2) Section 5, 5.1, or 5.2 of the Cannabis Control
Act; or
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
65 of the Methamphetamine Control and Community Protection
Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.)
Section 2-295. The Code of Civil Procedure is amended by
changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
21-103 as follows:
(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)

HB4336 - 649 - LRB103 35348 RLC 65412 b
Sec. 10-106. Grant of relief - Penalty. Unless it shall
appear from the complaint itself, or from the documents
thereto annexed, that the party can neither be discharged,
admitted to bail pretrial release nor otherwise relieved, the
court shall forthwith award relief by habeas corpus. Any judge
empowered to grant relief by habeas corpus who shall corruptly
refuse to grant the relief when legally applied for in a case
where it may lawfully be granted, or who shall for the purpose
of oppression unreasonably delay the granting of such relief
shall, for every such offense, forfeit to the prisoner or
party affected a sum not exceeding $1,000.
(Source: P.A. 101-652, eff. 1-1-23.)
(735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
Sec. 10-125. New commitment. In all cases where the
imprisonment is for a criminal, or supposed criminal matter,
if it appears to the court that there is sufficient legal cause
for the commitment of the prisoner, although such commitment
may have been informally made, or without due authority, or
the process may have been executed by a person not duly
authorized, the court shall make a new commitment in proper
form, and direct it to the proper officer, or admit the party
to bail pretrial release if the case is bailable eligible for
pretrial release. The court shall also, when necessary, take
the recognizance of all material witnesses against the
prisoner, as in other cases. The recognizances shall be in the

HB4336 - 650 - LRB103 35348 RLC 65412 b
form provided by law, and returned as other recognizances. If
any judge shall neglect or refuse to bind any such prisoner or
witness by recognizance, or to return a recognizance when
taken as hereinabove stated, he or she shall be guilty of a
Class A misdemeanor in office, and be proceeded against
accordingly.
(Source: P.A. 101-652, eff. 1-1-23.)
(735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
Sec. 10-127. Grant of habeas corpus. It is not lawful for
any court, on a second order of habeas corpus obtained by such
prisoner, to discharge the prisoner, if he or she is clearly
and specifically charged in the warrant of commitment with a
criminal offense; but the court shall, on the return of such
second order, have power only to admit such prisoner to bail
pretrial release where the offense is bailable eligible for
pretrial release by law, or remand him or her to prison where
the offense is not bailable eligible for pretrial release, or
being bailable eligible for pretrial release, where such
prisoner fails to give the bail required comply with the terms
of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
Sec. 10-135. Habeas corpus to testify. The several courts
having authority to grant relief by habeas corpus, may enter

HB4336 - 651 - LRB103 35348 RLC 65412 b
orders, when necessary, to bring before them any prisoner to
testify, or to be surrendered in discharge of bail pretrial
release, or for trial upon any criminal charge lawfully
pending in the same court or to testify in a criminal
proceeding in another state as provided for by Section 2 of the
"Uniform Act to secure the attendance of witnesses from within
or without a state in criminal proceedings", approved July 23,
1959, as heretofore or hereafter amended; and the order may be
directed to any county in the State, and there be served and
returned by any officer to whom it is directed.
(Source: P.A. 101-652, eff. 1-1-23.)
(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
Sec. 10-136. Prisoner remanded or punished. After a
prisoner has given his or her testimony, or been surrendered,
or his or her bail pretrial release discharged, or he or she
has been tried for the crime with which he or she is charged,
he or she shall be returned to the jail or other place of
confinement from which he or she was taken for that purpose. If
such prisoner is convicted of a crime punishable with death or
imprisonment in the penitentiary, he or she may be punished
accordingly; but in any case where the prisoner has been taken
from the penitentiary, and his or her punishment is by
imprisonment, the time of such imprisonment shall not commence
to run until the expiration of the time of service under any
former sentence.

HB4336 - 652 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-652, eff. 1-1-23.)
(735 ILCS 5/21-103)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the
person resides, or if no newspaper is published in that
county, then in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks
after filing, the first insertion to be at least 6 weeks before
the return day upon which the petition is to be heard, and
shall be signed by the petitioner or, in case of a minor, the
minor's parent or guardian, and shall set forth the return day
of court on which the petition is to be heard and the name
sought to be assumed.
(b) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a minor if, before making judgment under this
Article, reasonable notice and opportunity to be heard is

HB4336 - 653 - LRB103 35348 RLC 65412 b
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the child. If any of these persons are outside this
State, notice and opportunity to be heard shall be given under
Section 21-104.
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment of for
dissolution of marriage or declaration of invalidity of
marriage and wishes to change his or her name to resume the use
of his or her former or maiden name.
(b-5) The court may issue an order directing that the
notice and publication requirement be waived for a change of
name involving a person who files with the court a statement,
verified under oath as provided under Section 1-109 of this
Code, that the person believes that publishing notice of the
name change would be a hardship, including, but not limited
to, a negative impact on the person's health or safety.
(b-6) In a case where waiver of the notice and publication
requirement is sought, the petition for waiver is presumed
granted and heard at the same hearing as the petition for name
change. The court retains discretion to determine whether a
hardship is shown and may order the petitioner to publish
thereafter.
(c) The Director of the Illinois State Police or his or her
designee may apply to the circuit court for an order directing

HB4336 - 654 - LRB103 35348 RLC 65412 b
that the notice and publication requirements of this Section
be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness
during and following a criminal investigation or proceeding.
(c-1) The court may also enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a
condition of bail pretrial release under subsections (b)
through (d) of Section 110-10 of the Code of Criminal
Procedure of 1963, or a similar provision of a law in
another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the

HB4336 - 655 - LRB103 35348 RLC 65412 b
petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1133, eff. 1-1-24; revised 3-6-23.)
Section 2-300. The Civil No Contact Order Act is amended
by changing Section 220 as follows:
(740 ILCS 22/220)
Sec. 220. Enforcement of a civil no contact order.
(a) Nothing in this Act shall preclude any Illinois court
from enforcing a valid protective order issued in another
state or by a military judge.

HB4336 - 656 - LRB103 35348 RLC 65412 b
(b) Illinois courts may enforce civil no contact orders
through both criminal proceedings and civil contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Criminal prosecution. A violation of any civil no
contact order, whether issued in a civil or criminal
proceeding or by a military judge, shall be enforced by a
criminal court when the respondent commits the crime of
violation of a civil no contact order pursuant to Section 219
by having knowingly violated:
(1) remedies described in Section 213 and included in
a civil no contact order; or
(2) a provision of an order, which is substantially
similar to provisions of Section 213, in a valid civil no

HB4336 - 657 - LRB103 35348 RLC 65412 b
contact order which is authorized under the laws of
another state, tribe, or United States territory.
Prosecution for a violation of a civil no contact order
shall not bar a concurrent prosecution for any other crime,
including any crime that may have been committed at the time of
the violation of the civil no contact order.
(d) Contempt of court. A violation of any valid Illinois
civil no contact order, whether issued in a civil or criminal
proceeding, may be enforced through civil or criminal contempt
procedures, as appropriate, by any court with jurisdiction,
regardless of where the act or acts which violated the civil no
contact order were committed, to the extent consistent with
the venue provisions of this Act.
(1) In a contempt proceeding where the petition for a
rule to show cause or petition for adjudication of
criminal contempt sets forth facts evidencing an immediate
danger that the respondent will flee the jurisdiction or
inflict physical abuse on the petitioner or minor children
or on dependent adults in the petitioner's care, the court
may order the attachment of the respondent without prior
service of the petition for a rule to show cause, the rule
to show cause, the petition for adjudication of criminal
contempt or the adjudication of criminal contempt. Bond
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause or a petition

HB4336 - 658 - LRB103 35348 RLC 65412 b
for adjudication of criminal contempt for violation of a
civil no contact order shall be treated as an expedited
proceeding.
(e) Actual knowledge. A civil no contact order may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) by service, delivery, or notice under Section 208;
(2) by notice under Section 218;
(3) by service of a civil no contact order under
Section 218; or
(4) by other means demonstrating actual knowledge of
the contents of the order.
(f) The enforcement of a civil no contact order in civil or
criminal court shall not be affected by either of the
following:
(1) the existence of a separate, correlative order,
entered under Section 202; or
(2) any finding or order entered in a conjoined
criminal proceeding.
(g) Circumstances. The court, when determining whether or
not a violation of a civil no contact order has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(h) Penalties.
(1) Except as provided in paragraph (3) of this

HB4336 - 659 - LRB103 35348 RLC 65412 b
subsection, where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any civil no contact order over any penalty
previously imposed by any court for respondent's
violation of any civil no contact order or penal
statute involving petitioner as victim and respondent
as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
civil no contact order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a civil no contact order unless the court
explicitly finds that an increased penalty or that

HB4336 - 660 - LRB103 35348 RLC 65412 b
period of imprisonment would be manifestly unjust.
(4) In addition to any other penalties imposed for a
violation of a civil no contact order, a criminal court
may consider evidence of any previous violations of a
civil no contact order:
(i) to increase, revoke or modify the bail bond
conditions of pretrial release on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections; or
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 103-407, eff. 7-28-23.)
Section 2-305. The Illinois Domestic Violence Act of 1986
is amended by changing Sections 223 and 301 as follows:
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
Sec. 223. Enforcement of orders of protection.
(a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding
or by a military judge, shall be enforced by a criminal court
when:

HB4336 - 661 - LRB103 35348 RLC 65412 b
(1) The respondent commits the crime of violation of
an order of protection pursuant to Section 12-3.4 or 12-30
of the Criminal Code of 1961 or the Criminal Code of 2012,
by having knowingly violated:
(i) remedies described in paragraphs (1), (2),
(3), (14), or (14.5) of subsection (b) of Section 214
of this Act; or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14), and (14.5) of subsection (b) of Section 214
of this Act, in a valid order of protection which is
authorized under the laws of another state, tribe, or
United States territory; or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of an order of protection
shall not bar concurrent prosecution for any other crime,
including any crime that may have been committed at the
time of the violation of the order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraphs (5), (6) or
(8) of subsection (b) of Section 214 of this Act; or

HB4336 - 662 - LRB103 35348 RLC 65412 b
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (5), (6), or
(8) of subsection (b) of Section 214 of this Act, in a
valid order of protection which is authorized under
the laws of another state, tribe, or United States
territory.
(b) When violation is contempt of court. A violation of
any valid Illinois order of protection, whether issued in a
civil or criminal proceeding or by a military judge, may be
enforced through civil or criminal contempt procedures, as
appropriate, by any court with jurisdiction, regardless where
the act or acts which violated the order of protection were
committed, to the extent consistent with the venue provisions
of this Act. Nothing in this Act shall preclude any Illinois
court from enforcing any valid order of protection issued in
another state. Illinois courts may enforce orders of
protection through both criminal prosecution and contempt
proceedings, unless the action which is second in time is
barred by collateral estoppel or the constitutional
prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment

HB4336 - 663 - LRB103 35348 RLC 65412 b
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
Conditions of release shall be set unless specifically
denied in writing.
(2) A petition for a rule to show cause for violation
of an order of protection shall be treated as an expedited
proceeding.
(b-1) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-2) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) Violation of custody or support orders or temporary or
final judgments allocating parental responsibilities. A
violation of remedies described in paragraphs (5), (6), (8),
or (9) of subsection (b) of Section 214 of this Act may be
enforced by any remedy provided by Section 607.5 of the
Illinois Marriage and Dissolution of Marriage Act. The court
may enforce any order for support issued under paragraph (12)
of subsection (b) of Section 214 in the manner provided for

HB4336 - 664 - LRB103 35348 RLC 65412 b
under Parts V and VII of the Illinois Marriage and Dissolution
of Marriage Act.
(d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
(1) By service, delivery, or notice under Section 210.
(2) By notice under Section 210.1 or 211.
(3) By service of an order of protection under Section
222.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order,
entered under Section 215.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection, where the court finds the commission of a

HB4336 - 665 - LRB103 35348 RLC 65412 b
crime or contempt of court under subsections (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection.
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any order of protection over any penalty previously
imposed by any court for respondent's violation of any
order of protection or penal statute involving
petitioner as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
order of protection; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of an order of protection
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.

HB4336 - 666 - LRB103 35348 RLC 65412 b
(4) In addition to any other penalties imposed for a
violation of an order of protection, a criminal court may
consider evidence of any violations of an order of
protection:
(i) to increase, revoke or modify the bail bond
conditions of pretrial release on an underlying
criminal charge pursuant to Section 110-6 of the Code
of Criminal Procedure of 1963;
(ii) to revoke or modify an order of probation,
conditional discharge or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(5) In addition to any other penalties, the court
shall impose an additional fine of $20 as authorized by
Section 5-9-1.11 of the Unified Code of Corrections upon
any person convicted of or placed on supervision for a
violation of an order of protection. The additional fine
shall be imposed for each violation of this Section.
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the

HB4336 - 667 - LRB103 35348 RLC 65412 b
person has committed or is committing any crime, including but
not limited to 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, even if the crime was not committed in
the presence of the officer.
(b) The law enforcement officer may verify the existence
of an order of protection by telephone or radio communication
with his or her law enforcement agency or by referring to the
copy of the order, or order of protection described on a Hope
Card under Section 219.5, provided by the petitioner or
respondent.
(c) Any law enforcement officer may make an arrest without
warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision
(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
Procedure of 1963 has violated a condition of his or her bail
bond pretrial release or recognizance.
(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
102-813, eff. 5-13-22.)
Section 2-310. The Industrial and Linen Supplies Marking
Law is amended by changing Section 11 as follows:
(765 ILCS 1045/11) (from Ch. 140, par. 111)
Sec. 11. Search warrant. Whenever the registrant, or
officer, or authorized agent of any firm, partnership or

HB4336 - 668 - LRB103 35348 RLC 65412 b
corporation which is a registrant under this Act, takes an
oath before any circuit court, that he has reason to believe
that any supplies are being unlawfully used, sold, or secreted
in any place, the court shall issue a search warrant to any
police officer authorizing such officer to search the premises
wherein it is alleged such articles may be found and take into
custody any person in whose possession the articles are found.
Any person so seized shall be taken without unnecessary delay
before the court issuing the search warrant. The court is
empowered to impose bail conditions of pretrial release on any
such person to compel his attendance at any continued hearing.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-315. The Illinois Torture Inquiry and Relief
Commission Act is amended by changing Section 50 as follows:
(775 ILCS 40/50)
Sec. 50. Post-commission judicial review.
(a) If the Commission concludes there is sufficient
evidence of torture to merit judicial review, the Chair of the
Commission shall request the Chief Judge of the Circuit Court
of Cook County for assignment to a trial judge for
consideration. The court may receive proof by affidavits,
depositions, oral testimony, or other evidence. In its
discretion the court may order the petitioner brought before
the court for the hearing. Notwithstanding the status of any

HB4336 - 669 - LRB103 35348 RLC 65412 b
other postconviction proceedings relating to the petitioner,
if the court finds in favor of the petitioner, it shall enter
an appropriate order with respect to the judgment or sentence
in the former proceedings and such supplementary orders as to
rearraignment, retrial, custody, bail, pretrial release or
discharge, or for such relief as may be granted under a
petition for a certificate of innocence, as may be necessary
and proper.
(b) The State's Attorney, or the State's Attorney's
designee, shall represent the State at the hearing before the
assigned judge.
(Source: P.A. 101-652, eff. 1-1-23.)
Section 2-320. The Unemployment Insurance Act is amended
by changing Section 602 as follows:
(820 ILCS 405/602) (from Ch. 48, par. 432)
Sec. 602. Discharge for misconduct - Felony.
A. An individual shall be ineligible for benefits for the
week in which he has been discharged for misconduct connected
with his work and, thereafter, until he has become reemployed
and has had earnings equal to or in excess of his current
weekly benefit amount in each of four calendar weeks which are
either for services in employment, or have been or will be
reported pursuant to the provisions of the Federal Insurance
Contributions Act by each employing unit for which such

HB4336 - 670 - LRB103 35348 RLC 65412 b
services are performed and which submits a statement
certifying to that fact. The requalification requirements of
the preceding sentence shall be deemed to have been satisfied,
as of the date of reinstatement, if, subsequent to his
discharge by an employing unit for misconduct connected with
his work, such individual is reinstated by such employing
unit. For purposes of this subsection, the term "misconduct"
means the deliberate and willful violation of a reasonable
rule or policy of the employing unit, governing the
individual's behavior in performance of his work, provided
such violation has harmed the employing unit or other
employees or has been repeated by the individual despite a
warning or other explicit instruction from the employing unit.
The previous definition notwithstanding, "misconduct" shall
include any of the following work-related circumstances:
1. Falsification of an employment application, or any
other documentation provided to the employer, to obtain
employment through subterfuge.
2. Failure to maintain licenses, registrations, and
certifications reasonably required by the employer, or
those that the individual is required to possess by law,
to perform his or her regular job duties, unless the
failure is not within the control of the individual.
3. Knowing, repeated violation of the attendance
policies of the employer that are in compliance with State
and federal law following a written warning for an

HB4336 - 671 - LRB103 35348 RLC 65412 b
attendance violation, unless the individual can
demonstrate that he or she has made a reasonable effort to
remedy the reason or reasons for the violations or that
the reason or reasons for the violations were out of the
individual's control. Attendance policies of the employer
shall be reasonable and provided to the individual in
writing, electronically, or via posting in the workplace.
4. Damaging the employer's property through conduct
that is grossly negligent.
5. Refusal to obey an employer's reasonable and lawful
instruction, unless the refusal is due to the lack of
ability, skills, or training for the individual required
to obey the instruction or the instruction would result in
an unsafe act.
6. Consuming alcohol or illegal or non-prescribed
prescription drugs, or using an impairing substance in an
off-label manner, on the employer's premises during
working hours in violation of the employer's policies.
7. Reporting to work under the influence of alcohol,
illegal or non-prescribed prescription drugs, or an
impairing substance used in an off-label manner in
violation of the employer's policies, unless the
individual is compelled to report to work by the employer
outside of scheduled and on-call working hours and informs
the employer that he or she is under the influence of
alcohol, illegal or non-prescribed prescription drugs, or

HB4336 - 672 - LRB103 35348 RLC 65412 b
an impairing substance used in an off-label manner in
violation of the employer's policies.
8. Grossly negligent conduct endangering the safety of
the individual or co-workers.
For purposes of paragraphs 4 and 8, conduct is "grossly
negligent" when the individual is, or reasonably should be,
aware of a substantial risk that the conduct will result in the
harm sought to be prevented and the conduct constitutes a
substantial deviation from the standard of care a reasonable
person would exercise in the situation.
Nothing in paragraph 6 or 7 prohibits the lawful use of
over-the-counter drug products as defined in Section 206 of
the Illinois Controlled Substances Act, provided that the
medication does not affect the safe performance of the
employee's work duties.
B. Notwithstanding any other provision of this Act, no
benefit rights shall accrue to any individual based upon wages
from any employer for service rendered prior to the day upon
which such individual was discharged because of the commission
of a felony in connection with his work, or because of theft in
connection with his work, for which the employer was in no way
responsible; provided, that the employer notified the Director
of such possible ineligibility within the time limits
specified by regulations of the Director, and that the
individual has admitted his commission of the felony or theft
to a representative of the Director, or has signed a written

HB4336 - 673 - LRB103 35348 RLC 65412 b
admission of such act and such written admission has been
presented to a representative of the Director, or such act has
resulted in a conviction or order of supervision by a court of
competent jurisdiction; and provided further, that if by
reason of such act, he is in legal custody, held on bail
pretrial release or is a fugitive from justice, the
determination of his benefit rights shall be held in abeyance
pending the result of any legal proceedings arising therefrom.
(Source: P.A. 101-652, eff. 1-1-23.)
(730 ILCS 5/3-6-7.1 rep.)
(730 ILCS 5/3-6-7.2 rep.)
(730 ILCS 5/3-6-7.3 rep.)
(730 ILCS 5/3-6-7.4 rep.)
Section 2-325. The Unified Code of Corrections is amended
by repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
(730 ILCS 125/17.6 rep.)
(730 ILCS 125/17.7 rep.)
(730 ILCS 125/17.8 rep.)
(730 ILCS 125/17.9 rep.)
Section 2-330. The County Jail Act is amended by repealing
Sections 17.6, 17.7, 17.8, and 17.9.
Section 2-340. The Open Meetings Act is amended by
changing Section 2 as follows:

HB4336 - 674 - LRB103 35348 RLC 65412 b
(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its

HB4336 - 675 - LRB103 35348 RLC 65412 b
validity. However, a meeting to consider an increase in
compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or
property pursuant to Section 24-24 of the School Code,
provided that the school board prepares and makes

HB4336 - 676 - LRB103 35348 RLC 65412 b
available for public inspection a written decision setting
forth its determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be

HB4336 - 677 - LRB103 35348 RLC 65412 b
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or
risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or

HB4336 - 678 - LRB103 35348 RLC 65412 b
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement
Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.

HB4336 - 679 - LRB103 35348 RLC 65412 b
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or
conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk

HB4336 - 680 - LRB103 35348 RLC 65412 b
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,
alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.

HB4336 - 681 - LRB103 35348 RLC 65412 b
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from
any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) (Blank). Deliberations for decisions of the
Illinois Law Enforcement Training Standards Board, the
Certification Review Panel, and the Illinois State Police
Merit Board regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners
Identification Card Act.
(d) Definitions. For purposes of this Section:

HB4336 - 682 - LRB103 35348 RLC 65412 b
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign
power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
7-28-23.)

HB4336 - 683 - LRB103 35348 RLC 65412 b
Section 2-345. The Freedom of Information Act is amended
by changing Sections 7 and 7.5 as follows:
(5 ILCS 140/7)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public

HB4336 - 684 - LRB103 35348 RLC 65412 b
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial

HB4336 - 685 - LRB103 35348 RLC 65412 b
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law

HB4336 - 686 - LRB103 35348 RLC 65412 b
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) (Blank). Records contained in the Officer
Professional Conduct Database under Section 9.2 of the
Illinois Police Training Act, except to the extent
authorized under that Section. This includes the documents
supplied to the Illinois Law Enforcement Training
Standards Board from the Illinois State Police and
Illinois State Police Merit Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the

HB4336 - 687 - LRB103 35348 RLC 65412 b
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case

HB4336 - 688 - LRB103 35348 RLC 65412 b
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records

HB4336 - 689 - LRB103 35348 RLC 65412 b
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an

HB4336 - 690 - LRB103 35348 RLC 65412 b
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used

HB4336 - 691 - LRB103 35348 RLC 65412 b
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication

HB4336 - 692 - LRB103 35348 RLC 65412 b
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and

HB4336 - 693 - LRB103 35348 RLC 65412 b
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and

HB4336 - 694 - LRB103 35348 RLC 65412 b
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from

HB4336 - 695 - LRB103 35348 RLC 65412 b
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal

HB4336 - 696 - LRB103 35348 RLC 65412 b
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card

HB4336 - 697 - LRB103 35348 RLC 65412 b
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(qq) (pp) Reports described in subsection (e) of
Section 16-15 of the Abortion Care Clinical Training

HB4336 - 698 - LRB103 35348 RLC 65412 b
Program Act.
(rr) (pp) Information obtained by a certified local
health department under the Access to Public Health Data
Act.
(ss) (pp) For a request directed to a public body that
is also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,

HB4336 - 699 - LRB103 35348 RLC 65412 b
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation

HB4336 - 700 - LRB103 35348 RLC 65412 b
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a

HB4336 - 701 - LRB103 35348 RLC 65412 b
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act or the Capital Crimes
Litigation Act of 2024. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being

HB4336 - 702 - LRB103 35348 RLC 65412 b
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm

HB4336 - 703 - LRB103 35348 RLC 65412 b
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services

HB4336 - 704 - LRB103 35348 RLC 65412 b
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from

HB4336 - 705 - LRB103 35348 RLC 65412 b
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois

HB4336 - 706 - LRB103 35348 RLC 65412 b
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) (Blank). Information that is prohibited from
disclosure by the Illinois Police Training Act and the
Illinois State Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.

HB4336 - 707 - LRB103 35348 RLC 65412 b
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.

HB4336 - 708 - LRB103 35348 RLC 65412 b
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible

HB4336 - 709 - LRB103 35348 RLC 65412 b
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law

HB4336 - 710 - LRB103 35348 RLC 65412 b
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act or the Capital Crimes
Litigation Act of 2024. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the

HB4336 - 711 - LRB103 35348 RLC 65412 b
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification

HB4336 - 712 - LRB103 35348 RLC 65412 b
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent

HB4336 - 713 - LRB103 35348 RLC 65412 b
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.

HB4336 - 714 - LRB103 35348 RLC 65412 b
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under

HB4336 - 715 - LRB103 35348 RLC 65412 b
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) (Blank). Information that is prohibited from
disclosure by the Illinois Police Training Act and the
Illinois State Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.

HB4336 - 716 - LRB103 35348 RLC 65412 b
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

HB4336 - 717 - LRB103 35348 RLC 65412 b
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
revised 9-5-23.)
Section 2-350. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Illinois State Guard, the Comprehensive Health Insurance
Board, any poison control center designated under the Poison
Control System Act that receives State funding, or any other
agency or instrumentality of the State. It does not mean any
local public entity as that term is defined in Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act or a pension fund.
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund; any present or former
commissioner or employee of the Executive Ethics Commission or
of the Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector

HB4336 - 718 - LRB103 35348 RLC 65412 b
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services; individuals or
organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons; individuals or organizations who contract
with the Department of Military Affairs for youth programs;
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor; individuals who contract with the Office of the State's
Attorneys Appellate Prosecutor to provide legal services, but
only when performing duties within the scope of the Office's
prosecutorial activities; individual representatives of or
designated organizations authorized to represent the Office of
State Long-Term Ombudsman for the Department on Aging;
individual representatives of or organizations designated by
the Department on Aging in the performance of their duties as
adult protective services agencies or regional administrative

HB4336 - 719 - LRB103 35348 RLC 65412 b
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in
paragraph (a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services
when caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as
arbitrators pursuant to Part 10A of Article II of the Code of
Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended; the
members of the Certification Review Panel under the Illinois
Police Training Act; the term "employee" does not mean an
independent contractor except as provided in this Section. The
term includes an individual appointed as an inspector by the
Director of the Illinois State Police when performing duties

HB4336 - 720 - LRB103 35348 RLC 65412 b
within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 2-355. The Personnel Code is amended by changing
Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,

HB4336 - 721 - LRB103 35348 RLC 65412 b
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and
paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the

HB4336 - 722 - LRB103 35348 RLC 65412 b
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The Illinois State Police so long as they are
subject to the merit provisions of the Illinois State
Police Act. Employees of the Illinois State Police Merit
Board are subject to the provisions of this Code.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Division of Nuclear
Safety at the Illinois Emergency Management Agency, the
Pollution Control Board, and the Illinois Commerce
Commission, and the technical and engineering staff
providing architectural and engineering services in the

HB4336 - 723 - LRB103 35348 RLC 65412 b
Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of
the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 U.S.C. 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the

HB4336 - 724 - LRB103 35348 RLC 65412 b
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical

HB4336 - 725 - LRB103 35348 RLC 65412 b
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the annual
comprehensive financial report.
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 102-291, eff. 8-6-21; 102-538, eff. 8-20-21;
102-783, eff. 5-13-22; 102-813, eff. 5-13-22; 103-108, eff.
6-27-23.)
Section 2-360. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-50 as follows:
(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall have jurisdiction and
initiate internal Illinois State Police investigations and, at
the direction of the Governor, investigate complaints and
initiate investigations of official misconduct by State
officers and all State employees. Notwithstanding any other
provisions of law, the Division shall serve as the
investigative body for the Illinois State Police for purposes
of compliance with the provisions of Sections 12.6 and 12.7 of
the Illinois State Police Act.

HB4336 - 726 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 2-365. The State Police Act is amended by changing
Sections 3, 6, 8, and 9 as follows:
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, an Illinois State Police Merit
Board, hereinafter called the Board, consisting of 5 7 members
to hold office from the third Monday in March of the year of
their respective appointments for a term of 6 years and until
their successors are appointed and qualified for a like term.
The Governor shall appoint new board members within 30 days
for the vacancies created under Public Act 101-652. Board
members shall be appointed to four-year terms. No member shall
be appointed to more than 2 terms. In making the appointments,
the Governor shall make a good faith effort to appoint members
reflecting the geographic, ethnic, and cultural diversity of
this State. In making the appointments, the Governor should
also consider appointing: persons with professional
backgrounds, possessing legal, management, personnel, or labor
experience; at least one member with at least 10 years of
experience as a licensed physician or clinical psychologist
with expertise in mental health; and at least one member
affiliated with an organization committed to social and

HB4336 - 727 - LRB103 35348 RLC 65412 b
economic rights and to eliminating discrimination. No more
than 3 4 members of the Board shall be affiliated with the same
political party. If the Senate is not in session at the time
initial appointments are made pursuant to this Section, the
Governor shall make temporary appointments as in the case of a
vacancy. In order to avoid actual conflicts of interest, or
the appearance of conflicts of interest, no board member shall
be a retired or former employee of the Illinois State Police.
When a Board member may have an actual, perceived, or
potential conflict of interest that could prevent the Board
member from making a fair and impartial decision on a
complaint or formal complaint against an Illinois State Police
officer, the Board member shall recuse himself or herself; or,
if the Board member fails to recuse himself or herself, then
the Board may, by a simple majority, vote to recuse the Board
member.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
Sec. 6. The Board is authorized to employ such clerical
and technical staff assistants, not to exceed fifteen, as may
be necessary to enable the Board to transact its business and,
if the rate of compensation is not otherwise fixed by law, to
fix their compensation. In order to avoid actual conflicts of
interest, or the appearance of conflicts of interest, no

HB4336 - 728 - LRB103 35348 RLC 65412 b
employee, contractor, clerical or technical staff shall be a
retired or former employee of the Illinois State Police. All
employees shall be subject to the Personnel Code.
(Source: P.A. 101-652, eff. 1-1-22.)
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Board jurisdiction.
(a) The Board shall exercise jurisdiction over the
certification for appointment and promotion, and over the
discipline, removal, demotion, and suspension of Illinois
State Police officers. The Board and the Illinois State Police
should also ensure Illinois State Police cadets and officers
represent the utmost integrity and professionalism and
represent the geographic, ethnic, and cultural diversity of
this State. The Board shall also exercise jurisdiction to
certify and terminate Illinois State Police officers in
compliance with certification standards consistent with
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations, and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois State Police
officer appointed by the Director shall be classified as a
State Police officer as follows: trooper, sergeant, master

HB4336 - 729 - LRB103 35348 RLC 65412 b
sergeant, lieutenant, captain, major, or Special Agent.
(b) The Board shall publish all standards and
qualifications for each rank, including Cadet, on its website.
This shall include, but not be limited to, all physical
fitness, medical, visual, and hearing standards. The Illinois
State Police shall cooperate with the Board by providing any
necessary information to complete this requirement.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment
shall be of sound mind and body, be of good moral character, be

HB4336 - 730 - LRB103 35348 RLC 65412 b
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and
experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the
Board. A person who meets one of the following requirements is
deemed to have met the collegiate educational requirements:
(i) has been honorably discharged and who has been
awarded a Southwest Asia Service Medal, Kuwait Liberation
Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait),
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, Global
War on Terrorism Service Medal, Global War on Terrorism
Expeditionary Medal, or Inherent Resolve Campaign Medal by
the United States Armed Forces;
(ii) is an active member of the Illinois National
Guard or a reserve component of the United States Armed
Forces and who has been awarded a Southwest Asia Service
Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait
Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean
Defense Service Medal, Afghanistan Campaign Medal, Iraq
Campaign Medal, Global War on Terrorism Service Medal,
Global War on Terrorism Expeditionary Medal, or Inherent
Resolve Campaign Medal as a result of honorable service

HB4336 - 731 - LRB103 35348 RLC 65412 b
during deployment on active duty;
(iii) has been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty;
(iv) has at least 3 years of full active and
continuous United States Armed Forces duty, which shall
also include a period of active duty with the State of
Illinois under Title 10 or Title 32 of the United States
Code pursuant to an order of the President or the Governor
of the State of Illinois, and received an honorable
discharge before hiring; or
(v) has successfully completed basic law enforcement
training, has at least 3 years of continuous, full-time
service as a peace officer with the same police
department, and is currently serving as a peace officer
when applying.
Preference shall be given in such appointments to persons
who have honorably served in the United States Armed Forces.
All appointees shall serve a probationary period of 12 months
from the date of appointment and during that period may be
discharged at the will of the Director. However, the Director
may in his or her sole discretion extend the probationary
period of an officer up to an additional 6 months when to do so
is deemed in the best interest of the Illinois State Police.
Nothing in this subsection (a) limits the Board's ability to
prescribe education prerequisites or requirements to certify

HB4336 - 732 - LRB103 35348 RLC 65412 b
Illinois State Police officers for promotion as provided in
Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9), the Director of State
Police may appoint up to 25 persons as State Police officers.
These appointments shall be made in accordance with the
requirements of this subsection (c) and any additional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. The Director
may specify the initial rank for each person appointed under
this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.

HB4336 - 733 - LRB103 35348 RLC 65412 b
Persons appointed under this subsection (c) shall
thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the
Director's authority to appoint other State Police officers
under subsection (a) of this Section.
(d) During the 180 days following January 1, 2022 (the
effective date of Public Act 101-652), the Director of the
Illinois State Police may appoint current Illinois State
Police employees serving in law enforcement officer positions
previously within Central Management Services as State Police
officers. These appointments shall be made in accordance with
the requirements of this subsection (d) and any institutional
criteria that may be established by the Director, but are not
subject to any other requirements of this Act. All
appointments under this subsection (d) shall be made from
personnel certified by the Board. A person certified by the
Board and appointed by the Director under this subsection must
have been employed by a State agency, board, or commission on
January 1, 2021 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension

HB4336 - 734 - LRB103 35348 RLC 65412 b
Code. Persons appointed under this subsection (d) shall
thereafter be subject to the same requirements, and subject to
the same contractual benefits and obligations, as other State
police officers. This subsection (d) does not affect or limit
the Director's authority to appoint other State Police
officers under subsection (a) of this Section.
(e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
its review pursuant to this Section. The Board shall approve
and ensure that no cadet applicant is certified 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 specified in this Section or if
committed in any other state would be an offense similar to
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 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, 32-4a, or 32-7 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, to Section 5 or 5.2 of the Cannabis
Control Act, 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 Officer

HB4336 - 735 - LRB103 35348 RLC 65412 b
Professional Conduct Database, provided for in Section 9.2 of
the Illinois Police Training Act, shall be searched as part of
this process. For purposes of this Section, "convicted of, or
entered a plea of guilty" 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) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,
unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff.
1-1-24.)
(20 ILCS 2610/6.5 rep.)
(20 ILCS 2610/11.5 rep.)
(20 ILCS 2610/11.6 rep.)
(20 ILCS 2610/12.6 rep.)
(20 ILCS 2610/12.7 rep.)

HB4336 - 736 - LRB103 35348 RLC 65412 b
(20 ILCS 2610/40.1 rep.)
(20 ILCS 2610/46 rep.)
Section 2-370. The State Police Act is amended by
repealing Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
Section 2-375. The Illinois Police Training Act is amended
by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
10.1, 10.2, 10.3, 10.11, 10.18, 10.19, and 10.20 and by adding
Section 10.5-1 as follows:
(50 ILCS 705/2) (from Ch. 85, par. 502)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Local governmental agency" means any local governmental
unit or municipal corporation in this State. It does not
include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"Police training school" means any school located within
the State of Illinois whether privately or publicly owned
which offers a course in police or county corrections training
and has been approved by the Board.
"Probationary police officer" means a recruit law

HB4336 - 737 - LRB103 35348 RLC 65412 b
enforcement officer required to successfully complete initial
minimum basic training requirements at a police training
school to be eligible for permanent full-time employment as a
local law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent police officer" means a law enforcement officer
who has completed his or her probationary period and is
permanently employed on a full-time basis as a local law
enforcement officer by a participating local governmental unit
or as a security officer or campus policeman permanently
employed by a participating State-controlled university,
college, or public community college.
"Part-time police officer" means a law enforcement officer
who has completed his or her probationary period and is
employed on a part-time basis as a law enforcement officer by a
participating unit of local government or as a campus
policeman by a participating State-controlled university,
college, or public community college.
"Law enforcement officer" means (i) any police officer of
a local governmental agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any

HB4336 - 738 - LRB103 35348 RLC 65412 b
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is
enrolled in an approved training course.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a police
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed his probationary period
and is permanently employed on a full-time basis as a county
corrections officer by a participating local governmental
unit.
"County corrections officer" means any sworn officer of
the sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed his or her probationary period and

HB4336 - 739 - LRB103 35348 RLC 65412 b
is employed as a court security officer by a participating
local governmental unit.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
"Board" means the Illinois Law Enforcement Training
Standards Board.
"Full-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a full-time basis as a
law enforcement officer by a local government agency, State
government agency, or as a campus police officer by a
university, college, or community college.
"Law Enforcement agency" means any entity with statutory
police powers and the ability to employ individuals authorized
to make arrests. It does not include the Illinois State Police
as defined in the State Police Act. A law enforcement agency
may include any university, college, or community college.
"Local law enforcement agency" means any law enforcement
unit of government or municipal corporation in this State. It
does not include the State of Illinois or any office, officer,
department, division, bureau, board, commission, or agency of
the State, except that it does include a State-controlled
university, college or public community college.
"State law enforcement agency" means any law enforcement
agency of this State. This includes any office, officer,
department, division, bureau, board, commission, or agency of

HB4336 - 740 - LRB103 35348 RLC 65412 b
the State. It does not include the Illinois State Police as
defined in the State Police Act.
"Panel" means the Certification Review Panel.
"Basic training school" means any school located within
the State of Illinois whether privately or publicly owned
which offers a course in basic law enforcement or county
corrections training and has been approved by the Board.
"Probationary police officer" means a recruit law
enforcement officer required to successfully complete initial
minimum basic training requirements at a basic training school
to be eligible for permanent full-time employment as a local
law enforcement officer.
"Probationary part-time police officer" means a recruit
part-time law enforcement officer required to successfully
complete initial minimum part-time training requirements to be
eligible for employment on a part-time basis as a local law
enforcement officer.
"Permanent law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is permanently employed on a full-time
basis as a local law enforcement officer, as a security
officer, or campus police officer permanently employed by a
law enforcement agency.
"Part-time law enforcement officer" means a law
enforcement officer who has completed the officer's
probationary period and is employed on a part-time basis as a

HB4336 - 741 - LRB103 35348 RLC 65412 b
law enforcement officer or as a campus police officer by a law
enforcement agency.
"Law enforcement officer" means (i) any police officer of
a law enforcement agency who is primarily responsible for
prevention or detection of crime and the enforcement of the
criminal code, traffic, or highway laws of this State or any
political subdivision of this State or (ii) any member of a
police force appointed and maintained as provided in Section 2
of the Railroad Police Act.
"Recruit" means any full-time or part-time law enforcement
officer or full-time county corrections officer who is
enrolled in an approved training course.
"Review Committee" means the committee at the Board for
certification disciplinary cases in which the Panel, a law
enforcement officer, or a law enforcement agency may file for
reconsideration of a decertification decision made by the
Board.
"Probationary county corrections officer" means a recruit
county corrections officer required to successfully complete
initial minimum basic training requirements at a basic
training school to be eligible for permanent employment on a
full-time basis as a county corrections officer.
"Permanent county corrections officer" means a county
corrections officer who has completed the officer's
probationary period and is permanently employed on a full-time
basis as a county corrections officer by a participating law

HB4336 - 742 - LRB103 35348 RLC 65412 b
enforcement agency.
"County corrections officer" means any sworn officer of
the sheriff who is primarily responsible for the control and
custody of offenders, detainees or inmates.
"Probationary court security officer" means a recruit
court security officer required to successfully complete
initial minimum basic training requirements at a designated
training school to be eligible for employment as a court
security officer.
"Permanent court security officer" means a court security
officer who has completed the officer's probationary period
and is employed as a court security officer by a participating
law enforcement agency.
"Court security officer" has the meaning ascribed to it in
Section 3-6012.1 of the Counties Code.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board; composition; appointments; tenure;
vacancies.
(a) The Board shall be composed of 18 members selected as
follows: The Attorney General of the State of Illinois, the
Director of the Illinois State Police, the Director of
Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Clerk of the
Circuit Court of Cook County, who shall serve as ex officio

HB4336 - 743 - LRB103 35348 RLC 65412 b
members, and the following to be appointed by the Governor: 2
mayors or village presidents of Illinois municipalities, 2
Illinois county sheriffs from counties other than Cook County,
2 managers of Illinois municipalities, 2 chiefs of municipal
police departments in Illinois having no Superintendent of the
Police Department on the Board, 2 citizens of Illinois who
shall be members of an organized enforcement officers'
association, one active member of a statewide association
representing sheriffs, and one active member of a statewide
association representing municipal police chiefs. The
appointments of the Governor shall be made on the first Monday
of August in 1965 with 3 of the appointments to be for a period
of one year, 3 for 2 years, and 3 for 3 years. Their successors
shall be appointed in like manner for terms to expire the first
Monday of August each 3 years thereafter. All members shall
serve until their respective successors are appointed and
qualify. Vacancies shall be filled by the Governor for the
unexpired terms. Any ex officio member may appoint a designee
to the Board who shall have the same powers and immunities
otherwise conferred to the member of the Board, including the
power to vote and be counted toward quorum, so long as the
member is not in attendance.
(a-5) Within the Board is created a Review Committee. The
Review Committee shall review disciplinary cases in which the
Panel, the law enforcement officer, or the law enforcement
agency file for reconsideration of a decertification decision

HB4336 - 744 - LRB103 35348 RLC 65412 b
made by the Board. The Review Committee shall be composed of 9
annually rotating members from the Board appointed by the
Board Chairman. One member of the Review Committee shall be
designated by the Board Chairman as the Chair. The Review
Committee shall sit in 3 member panels composed of one member
representing law enforcement management, one member
representing members of law enforcement, and one member who is
not a current or former member of law enforcement.
(b) When a Board member may have an actual, perceived, or
potential conflict of interest or appearance of bias that
could prevent the Board member from making a fair and
impartial decision regarding decertification:
(1) The Board member shall recuse himself or herself.
(2) If the Board member fails to recuse himself or
herself, then the Board may, by a simple majority of the
remaining members, vote to recuse the Board member. Board
members who are found to have voted on a matter in which
they should have recused themselves may be removed from
the Board by the Governor.
A conflict of interest or appearance of bias may include,
but is not limited to, matters where one of the following is a
party to a decision on a decertification or formal complaint:
someone with whom the member has an employment relationship;
any of the following relatives: spouse, parents, children,
adopted children, legal wards, stepchildren, step parents,
step siblings, half siblings, siblings, parents-in-law,

HB4336 - 745 - LRB103 35348 RLC 65412 b
siblings-in-law, children-in-law, aunts, uncles, nieces, and
nephews; a friend; or a member of a professional organization,
association, or a union in which the member now actively
serves.
(c) A vacancy in members does not prevent a quorum of the
remaining sitting members from exercising all rights and
performing all duties of the Board.
(d) An individual serving on the Board shall not also
serve on the Panel.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
102-694, eff. 1-7-22.)
(50 ILCS 705/6) (from Ch. 85, par. 506)
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.

HB4336 - 746 - LRB103 35348 RLC 65412 b
b. To establish appropriate mandatory minimum
standards relating to the training of probationary local
police 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, 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

HB4336 - 747 - LRB103 35348 RLC 65412 b
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.
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 law enforcement agencies 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

HB4336 - 748 - LRB103 35348 RLC 65412 b
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, 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, 11-9.1B, 11-14, 11-14.1,
11-30, 12-2, 12-3.2, 12-3.4, 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

HB4336 - 749 - LRB103 35348 RLC 65412 b
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.
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

HB4336 - 750 - LRB103 35348 RLC 65412 b
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

HB4336 - 751 - LRB103 35348 RLC 65412 b
questions, test formats, digital files, answer responses,
answer keys, and scoring information shall be exempt from
disclosure.
m. To make grants, subject to appropriation, to units
of local government and public institutions of higher
education for the purposes of hiring and retaining law
enforcement officers.
n. To make grants, subject to appropriation, to local
law enforcement agencies for costs associated with the
expansion and support of National Integrated Ballistic
Information Network (NIBIN) and other ballistic technology
equipment for ballistic testing.
(Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;
102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
(50 ILCS 705/6.1)
Sec. 6.1. Decertification Automatic decertification of
full-time and part-time police law enforcement officers.
(a) The Board must review police officer conduct and
records to ensure that no police officer is certified or
provided a valid waiver if that police officer has been
convicted of, or entered a plea of guilty to, a felony offense
under the laws of this State or any other state which if
committed in this State would be punishable as a felony. The
Board must also ensure that no or officer is certified or
provided a valid waiver if that police officer has been

HB4336 - 752 - LRB103 35348 RLC 65412 b
convicted of, or entered a plea of guilty to, any misdemeanor
specified in this Section or if committed in any other state
would be an offense similar to Section 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, to 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
to Section 5 or 5.2 of the Cannabis Control Act. The Board must
appoint investigators to enforce the duties conferred upon the
Board by this Act.
(b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any
arrest, conviction, or plea of guilty of any officer for an
offense identified in this Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest, conviction, or plea
of guilty for an offense identified in this Section. Any
full-time or part-time police officer who knowingly makes,
submits, causes to be submitted, or files a false or
untruthful report to the Board must have his or her
certificate or waiver immediately decertified or revoked.

HB4336 - 753 - LRB103 35348 RLC 65412 b
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in
this Section as long as the information is submitted,
disclosed, or released in good faith and without malice. The
Board has qualified immunity for the release of the
information.
(e) Any full-time or part-time police officer with a
certificate or waiver issued by the Board who is convicted of,
or entered a plea of guilty to, any offense described in this
Section immediately becomes decertified or no longer has a
valid waiver. The decertification and invalidity of waivers
occurs as a matter of law. Failure of a convicted person to
report to the Board his or her conviction as described in this
Section or any continued law enforcement practice after
receiving a conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriffs, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had

HB4336 - 754 - LRB103 35348 RLC 65412 b
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Illinois State Police must process, retain,
and additionally provide and disseminate information to the
Board concerning criminal charges, arrests, convictions, and
their disposition, that have been filed against a basic
academy applicant, law enforcement applicant, or law
enforcement officer whose fingerprint identification cards are
on file or maintained by the Illinois State Police. The
Federal Bureau of Investigation must provide the Board any
criminal history record information contained in its files
pertaining to law enforcement officers or any applicant to a
Board certified basic law enforcement academy as described in
this Act based on fingerprint identification. The Board must
make payment of fees to the Illinois State Police for each
fingerprint card submission in conformance with the
requirements of paragraph 22 of Section 55a of the Civil
Administrative Code of Illinois.
A police officer who has been certified or granted a valid
waiver shall also be decertified or have his or her waiver
revoked upon a determination by the Illinois Labor Relations
Board State Panel that he or she, while under oath, has
knowingly and willfully made false statements as to a material

HB4336 - 755 - LRB103 35348 RLC 65412 b
fact going to an element of the offense of murder. If an appeal
is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:
(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive

HB4336 - 756 - LRB103 35348 RLC 65412 b
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
If the Executive Director of the Illinois Law Enforcement
Training Standards Board determines that the verified
complaint warrants further investigation, he or she shall
refer the matter to a task force of investigators created for
this purpose. This task force shall consist of 8 sworn police
officers: 2 from the Illinois State Police, 2 from the City of
Chicago Police Department, 2 from county police departments,
and 2 from municipal police departments. These investigators
shall have a minimum of 5 years of experience in conducting
criminal investigations. The investigators shall be appointed
by the Executive Director of the Illinois Law Enforcement
Training Standards Board. Any officer or officers acting in
this capacity pursuant to this statutory provision will have
statewide police authority while acting in this investigative
capacity. Their salaries and expenses for the time spent
conducting investigations under this paragraph shall be
reimbursed by the Illinois Law Enforcement Training Standards
Board.
Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the

HB4336 - 757 - LRB103 35348 RLC 65412 b
verified complaint and shall write a report of his or her
findings. This report shall be submitted to the Executive
Director of the Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this
dismissal may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.

HB4336 - 758 - LRB103 35348 RLC 65412 b
In the case of a finding of guilt on the offense of murder,
if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified if an interested
party requests such a hearing within 2 years of the court's
decision. The complaint shall be assigned to an administrative
law judge within 30 days so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The
Department of Professional Regulation shall have the

HB4336 - 759 - LRB103 35348 RLC 65412 b
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited
to, court documents and records. The Illinois Labor Relations
Board State Panel shall have the power to issue subpoenas
requiring the attendance of and testimony of witnesses and the
production of related documents including, but not limited to,
court documents and records and shall have the power to
administer oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the
allegations made by the person filing the verified complaint
and, at the close of the case, hear arguments. If the
administrative law judge finds that there is not clear and
convincing evidence to support the verified complaint that the
police officer has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder, the administrative law judge shall
make a written recommendation of dismissal to the Illinois
Labor Relations Board State Panel. If the administrative law
judge finds that there is clear and convincing evidence that
the police officer has, while under oath, knowingly and
willfully made false statements as to a material fact that
goes to an element of the offense of murder, the

HB4336 - 760 - LRB103 35348 RLC 65412 b
administrative law judge shall make a written recommendation
so concluding to the Illinois Labor Relations Board State
Panel. The hearings shall be transcribed. The Executive
Director of the Illinois Law Enforcement Training Standards
Board shall be informed of the administrative law judge's
recommended findings and decision and the Illinois Labor
Relations Board State Panel's subsequent review of the
recommendation.
An officer named in any complaint filed pursuant to this
Act shall be indemnified for his or her reasonable attorney's
fees and costs by his or her employer. These fees shall be paid
in a regular and timely manner. The State, upon application by
the public employer, shall reimburse the public employer for
the accused officer's reasonable attorney's fees and costs. At
no time and under no circumstances will the accused officer be
required to pay his or her own reasonable attorney's fees or
costs.
The accused officer shall not be placed on unpaid status
because of the filing or processing of the verified complaint
until there is a final non-appealable order sustaining his or
her guilt and his or her certification is revoked. Nothing in
this Act, however, restricts the public employer from pursuing
discipline against the officer in the normal course and under
procedures then in place.
The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision and

HB4336 - 761 - LRB103 35348 RLC 65412 b
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as
to a material fact going to the offense of murder. Within 30
days of service of the administrative law judge's recommended
decision and order, the parties may file exceptions to the
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State
Panel. The parties may file responses to the exceptions and
briefs in support of the responses no later than 15 days after
the service of the exceptions. If exceptions are filed by any
of the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as
to a material fact going to an element of the offense murder,
the Illinois Labor Relations Board State Panel shall inform
the Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's certification. If the accused officer
appeals that determination to the Appellate Court, as provided
by this Act, he or she may petition the Appellate Court to stay
the revocation of his or her certification pending the court's
review of the matter.

HB4336 - 762 - LRB103 35348 RLC 65412 b
None of the Illinois Labor Relations Board State Panel's
findings or determinations shall set any precedent in any of
its decisions decided pursuant to the Illinois Public Labor
Relations Act by the Illinois Labor Relations Board State
Panel or the courts.
A party aggrieved by the final order of the Illinois Labor
Relations Board State Panel may apply for and obtain judicial
review of an order of the Illinois Labor Relations Board State
Panel, in accordance with the provisions of the Administrative
Review Law, except that such judicial review shall be afforded
directly in the Appellate Court for the district in which the
accused officer resides. Any direct appeal to the Appellate
Court shall be filed within 35 days from the date that a copy
of the decision sought to be reviewed was served upon the party
affected by the decision.
Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false
statements as to a material fact going to an element of the
offense of murder may file a verified complaint pursuant to
this Section. For purposes of this Section, "interested
parties" shall be limited to the defendant and any police
officer who has personal knowledge that the police officer who
is the subject of the complaint has, while under oath,
knowingly and willfully made false statements as to a material
fact going to an element of the offense of murder.

HB4336 - 763 - LRB103 35348 RLC 65412 b
Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified since the date
of the last report.
(a) The Board must review law enforcement officer conduct
and records to ensure that no law enforcement officer is
certified or provided a valid waiver if that law enforcement
officer has been convicted of, found guilty of, entered a plea
of guilty to, or entered a plea of nolo contendere to, a felony
offense under the laws of this State or any other state which
if committed in this State would be punishable as a felony. The
Board must also ensure that no law enforcement officer is
certified or provided a valid waiver if that law enforcement

HB4336 - 764 - LRB103 35348 RLC 65412 b
officer has been convicted of, found guilty of, or entered a
plea of guilty to, on or after January 1, 2022 (the effective
date of Public Act 101-652) of any misdemeanor specified in
this Section or if committed in any other state would be an
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
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 to Section 5 or 5.2 of the
Cannabis Control Act, 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
must appoint investigators to enforce the duties conferred
upon the Board by this Act.
(a-1) For purposes of this Section, a person is "convicted
of, or entered a plea of guilty to, plea of nolo contendere to,
found guilty of" 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.
(b) It is the responsibility of the sheriff or the chief
executive officer of every law enforcement agency or
department within this State to report to the Board any

HB4336 - 765 - LRB103 35348 RLC 65412 b
arrest, conviction, finding of guilt, plea of guilty, or plea
of nolo contendere to, of any officer for an offense
identified in this Section, 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.
(c) It is the duty and responsibility of every full-time
and part-time law enforcement officer in this State to report
to the Board within 14 days, and the officer's sheriff or chief
executive officer, of the officer's arrest, conviction, found
guilty of, or plea of guilty for an offense identified in this
Section. Any full-time or part-time law enforcement officer
who knowingly makes, submits, causes to be submitted, or files
a false or untruthful report to the Board must have the
officer's certificate or waiver immediately decertified or
revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in
this Section as long as the information is submitted,
disclosed, or released in good faith and without malice. The
Board has qualified immunity for the release of the
information.
(e) Any full-time or part-time law enforcement officer
with a certificate or waiver issued by the Board who is
convicted of, found guilty of, or entered a plea of guilty to,

HB4336 - 766 - LRB103 35348 RLC 65412 b
or entered a plea of nolo contendere to any offense described
in this Section immediately becomes decertified or no longer
has a valid waiver. The decertification and invalidity of
waivers occurs as a matter of law. Failure of a convicted
person to report to the Board the officer's conviction as
described in this Section or any continued law enforcement
practice after receiving a conviction is a Class 4 felony.
For purposes of this Section, 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, including sentences of supervision,
conditional discharge, first offender probation, or any
similar disposition as provided for by law.
(f) The Board's investigators shall be law enforcement
officers as defined in Section 2 of this Act. The Board shall
not waive the training requirement unless the investigator has
had a minimum of 5 years experience as a sworn officer of a
local, State, or federal law enforcement agency. An
investigator shall not have been terminated for good cause,
decertified, had his or her law enforcement license or
certificate revoked in this or any other jurisdiction, or been
convicted of any of the conduct listed in subsection (a). Any
complaint filed against the Board's investigators shall be
investigated by the Illinois State Police.
(g) The Board must request and receive information and

HB4336 - 767 - LRB103 35348 RLC 65412 b
assistance from any federal, state, local, or private
enforcement agency as part of the authorized criminal
background investigation. The Illinois State Police must
process, retain, and additionally provide and disseminate
information to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
against a basic academy applicant, law enforcement applicant,
or law enforcement officer whose fingerprint identification
cards are on file or maintained by the Illinois State Police.
The Federal Bureau of Investigation must provide the Board any
criminal history record information contained in its files
pertaining to law enforcement officers or any applicant to a
Board certified basic law enforcement academy as described in
this Act based on fingerprint identification. The Board must
make payment of fees to the Illinois State Police for each
fingerprint card submission in conformance with the
requirements of paragraph 22 of Section 55a of the Civil
Administrative Code of Illinois.
(g-5) Notwithstanding any provision of law to the
contrary, the changes to this Section made by this amendatory
Act of the 102nd General Assembly and Public Act 101-652 shall
apply prospectively only from July 1, 2022.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
(50 ILCS 705/7)

HB4336 - 768 - LRB103 35348 RLC 65412 b
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police law
enforcement officers which shall be offered by all
certified schools shall include, but not be limited to,
courses of procedural justice, arrest and use and control
tactics, search and seizure, including temporary
questioning, civil rights, human rights, human relations,
cultural competency, including implicit bias and racial
and ethnic sensitivity, criminal law, law of criminal
procedure, constitutional and proper use of law
enforcement authority, crisis intervention training,
vehicle and traffic law including uniform and
non-discriminatory enforcement of the Illinois Vehicle
Code, traffic control and crash investigation, techniques
of obtaining physical evidence, court testimonies,
statements, reports, firearms training, training in the
use of electronic control devices, including the
psychological and physiological effects of the use of
those devices on humans, first-aid (including
cardiopulmonary resuscitation), training in the
administration of opioid antagonists as defined in
paragraph (1) of subsection (e) of Section 5-23 of the
Substance Use Disorder Act, handling of juvenile
offenders, recognition of mental conditions and crises,

HB4336 - 769 - LRB103 35348 RLC 65412 b
including, but not limited to, the disease of addiction,
which require immediate assistance and response and
methods to safeguard and provide assistance to a person in
need of mental treatment, recognition of abuse, neglect,
financial exploitation, and self-neglect of adults with
disabilities and older adults, as defined in Section 2 of
the Adult Protective Services Act, crimes against the
elderly, law of evidence, the hazards of high-speed police
vehicle chases with an emphasis on alternatives to the
high-speed chase, and physical training. The curriculum
shall include specific training in techniques for
immediate response to and investigation of cases of
domestic violence and of sexual assault of adults and
children, including cultural perceptions and common myths
of sexual assault and sexual abuse as well as interview
techniques that are age sensitive and are trauma informed,
victim centered, and victim sensitive. The curriculum
shall include training in techniques designed to promote
effective communication at the initial contact with crime
victims and ways to comprehensively explain to victims and
witnesses their rights under the Rights of Crime Victims
and Witnesses Act and the Crime Victims Compensation Act.
The curriculum shall also include training in effective
recognition of and responses to stress, trauma, and
post-traumatic stress experienced by police law
enforcement officers that is consistent with Section 25 of

HB4336 - 770 - LRB103 35348 RLC 65412 b
the Illinois Mental Health First Aid Training Act in a
peer setting, including recognizing signs and symptoms of
work-related cumulative stress, issues that may lead to
suicide, and solutions for intervention with peer support
resources. The curriculum shall include a block of
instruction addressing the mandatory reporting
requirements under the Abused and Neglected Child
Reporting Act. The curriculum shall also include a block
of instruction aimed at identifying and interacting with
persons with autism and other developmental or physical
disabilities, reducing barriers to reporting crimes
against persons with autism, and addressing the unique
challenges presented by cases involving victims or
witnesses with autism and other developmental
disabilities. The curriculum shall include training in the
detection and investigation of all forms of human
trafficking. The curriculum shall also include instruction
in trauma-informed responses designed to ensure the
physical safety and well-being of a child of an arrested
parent or immediate family member; this instruction must
include, but is not limited to: (1) understanding the
trauma experienced by the child while maintaining the
integrity of the arrest and safety of officers, suspects,
and other involved individuals; (2) de-escalation tactics
that would include the use of force when reasonably
necessary; and (3) inquiring whether a child will require

HB4336 - 771 - LRB103 35348 RLC 65412 b
supervision and care. The curriculum for probationary law
enforcement officers shall include: (1) at least 12 hours
of hands-on, scenario-based role-playing; (2) at least 6
hours of instruction on use of force techniques, including
the use of de-escalation techniques to prevent or reduce
the need for force whenever safe and feasible; (3)
specific training on officer safety techniques, including
cover, concealment, and time; and (4) at least 6 hours of
training focused on high-risk traffic stops. The
curriculum for permanent police law enforcement officers
shall include, but not be limited to: (1) refresher and
in-service training in any of the courses listed above in
this subparagraph, (2) advanced courses in any of the
subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The
training in the use of electronic control devices shall be
conducted for probationary police law enforcement
officers, including University police officers. The
curriculum shall also include training on the use of a
firearms restraining order by providing instruction on the
process used to file a firearms restraining order and how
to identify situations in which a firearms restraining
order is appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.

HB4336 - 772 - LRB103 35348 RLC 65412 b
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police law enforcement officer must
satisfactorily complete before being eligible for
permanent employment as a local police law enforcement
officer for a participating local governmental or State
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to
the officer's successful completion of the training
course; (ii) attesting to the officer's satisfactory

HB4336 - 773 - LRB103 35348 RLC 65412 b
completion of a training program of similar content and
number of hours that has been found acceptable by the
Board under the provisions of this Act; or (iii) attesting
to the Board's determination that the training course is
unnecessary because of the person's extensive prior law
enforcement experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals

HB4336 - 774 - LRB103 35348 RLC 65412 b
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
police law enforcement officer must satisfactorily
complete every 3 years. Those requirements shall include
constitutional and proper use of law enforcement
authority, procedural justice, civil rights, human rights,
mental health awareness and response, officer wellness,
reporting child abuse and neglect, and cultural
competency, including implicit bias and racial and ethnic
sensitivity. These trainings shall consist of at least 30
hours of training every 3 years.
h. Minimum in-service training requirements, which a
police law enforcement officer must satisfactorily
complete at least annually. Those requirements shall
include law updates, and use of force training which shall
include scenario based training, or similar training
approved by the Board emergency medical response training
and certification, crisis intervention training, and
officer wellness and mental health.
i. Minimum in-service training requirements as set
forth in Section 10.6.
Notwithstanding any provision of law to the contrary, the
changes made to this Section by Public Act 101-652, Public Act
102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;

HB4336 - 775 - LRB103 35348 RLC 65412 b
102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
7-1-23; 103-154, eff. 6-30-23.)
(50 ILCS 705/7.5)
Sec. 7.5. Police Law enforcement pursuit guidelines. The
Board shall annually review police pursuit procedures and make
available suggested police law enforcement pursuit guidelines
for law enforcement agencies. This Section does not alter the
effect of previously existing law, including the immunities
established under the Local Governmental and Governmental
Employees Tort Immunity Act.
(Source: P.A. 101-652, eff. 1-1-22.)
(50 ILCS 705/8) (from Ch. 85, par. 508)
Sec. 8. Participation required. All home rule local
governmental units shall comply with Sections 6.3, 8.1, and
8.2 and any other mandatory provisions of this Act. This Act is
a limitation on home rule powers under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 101-652, eff. 1-1-22.)
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
Sec. 8.1. Full-time police law enforcement and county
corrections officers.
(a) After January 1, 1976, no person shall receive a
permanent appointment as a law enforcement officer as defined

HB4336 - 776 - LRB103 35348 RLC 65412 b
in this Act nor shall any person receive, after the effective
date of this amendatory Act of 1984, a permanent appointment
as a county corrections officer unless that person has been
awarded, within 6 months of his or her initial full-time
employment, a certificate attesting to his or her successful
completion of the Minimum Standards Basic Law Enforcement and
County Correctional Training Course as prescribed by the
Board; or has been awarded a certificate attesting to his or
her satisfactory completion of a training program of similar
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or by
reason of extensive prior law enforcement or county
corrections experience the basic training requirement is
determined by the Board to be illogical and unreasonable.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit his or her
position, or the employing agency must obtain a waiver from
the Board extending the period for compliance. Such waiver
shall be issued only for good and justifiable reasons, and in
no case shall extend more than 90 days beyond the initial 6
months. Any hiring agency that fails to train a law
enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this

HB4336 - 777 - LRB103 35348 RLC 65412 b
individual in a law enforcement capacity.
(b) No provision of this Section shall be construed to
mean that a law enforcement officer employed by a local
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary police officer or as
a permanent police officer, shall require certification under
the provisions of this Section. No provision of this Section
shall be construed to mean that a county corrections officer
employed by a local governmental agency at the time of the
effective date of this amendatory Act of 1984, either as a
probationary county corrections or as a permanent county
corrections officer, shall require certification under the
provisions of this Section. No provision of this Section shall
be construed to apply to certification of elected county
sheriffs.
(c) This Section does not apply to part-time police
officers or probationary part-time police officers.
(a) No person shall receive a permanent appointment as a
law enforcement officer or a permanent appointment as a county
corrections officer unless that person has been awarded,
within 6 months of the officer's initial full-time employment,
a certificate attesting to the officer's successful completion
of the Minimum Standards Basic Law Enforcement or County
Correctional Training Course as prescribed by the Board; or
has been awarded a certificate attesting to the officer's
satisfactory completion of a training program of similar

HB4336 - 778 - LRB103 35348 RLC 65412 b
content and number of hours and which course has been found
acceptable by the Board under the provisions of this Act; or a
training waiver by reason of prior law enforcement or county
corrections experience, obtained in Illinois, in any other
state, or with an agency of the federal government, the basic
training requirement is determined by the Board to be
illogical and unreasonable. Agencies seeking a reciprocity
waiver for training completed outside of Illinois must conduct
a thorough background check and provide verification of the
officer's prior training. After review and satisfaction of all
requested conditions, the officer shall be awarded an
equivalency certificate satisfying the requirements of this
Section. Within 60 days after the effective date of this
amendatory Act of the 103rd General Assembly, the Board shall
adopt uniform rules providing for a waiver process for a
person previously employed and qualified as a law enforcement
or county corrections officer under federal law or the laws of
any other state, or who has completed a basic law enforcement
officer or correctional officer academy who would be qualified
to be employed as a law enforcement officer or correctional
officer by the federal government or any other state. These
rules shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training

HB4336 - 779 - LRB103 35348 RLC 65412 b
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall
successfully complete the following prior to the approval of a
waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.
If such training is required and not completed within the
applicable 6 months, then the officer must forfeit the
officer's position, or the employing agency must obtain a
waiver from the Board extending the period for compliance.
Such waiver shall be issued only for good and justifiable
reasons, and in no case shall extend more than 90 days beyond
the initial 6 months. Any hiring agency that fails to train a
law enforcement officer within this period shall be prohibited
from employing this individual in a law enforcement capacity
for one year from the date training was to be completed. If an
agency again fails to train the individual a second time, the
agency shall be permanently barred from employing this
individual in a law enforcement capacity.
An individual who is not certified by the Board or whose

HB4336 - 780 - LRB103 35348 RLC 65412 b
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an employing agency, or be authorized
to carry firearms under the authority of the employer, except
as otherwise authorized to carry a firearm under State or
federal law. Sheriffs who are elected as of January 1, 2022
(the effective date of Public Act 101-652) are exempt from the
requirement of certified status. Failure to be certified in
accordance with this Act shall cause the officer to forfeit
the officer's position.
An employing agency may not grant a person status as a law
enforcement officer unless the person has been granted an
active law enforcement officer certification by the Board.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the officer's employing law enforcement
agency for any reason. The Board shall re-activate a
certification upon written application from the law
enforcement officer's law enforcement agency that shows
the law enforcement officer: (i) has accepted a full-time
law enforcement position with that law enforcement agency,
(ii) is not the subject of a decertification proceeding,
and (iii) meets all other criteria for re-activation

HB4336 - 781 - LRB103 35348 RLC 65412 b
required by the Board. The Board may also establish
special training requirements to be completed as a
condition for re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement
officer shall be allowed to be employed as a full-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by an employing agency for
conduct subject to decertification under this Act or
resigned or retired after receiving notice of a law
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating

HB4336 - 782 - LRB103 35348 RLC 65412 b
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board with a copy to the chief
administrator of the law enforcement officer's current or
new employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b) shall be reactivated
by written notice from the law enforcement officer's
agency upon a showing that the law enforcement officer:
(i) is employed in a full-time law enforcement position
with the same law enforcement agency, (ii) is not the
subject of a decertification proceeding, and (iii) meets
all other criteria for re-activation required by the
Board.
(4) Notwithstanding paragraph (3) of this subsection
(b), a law enforcement officer whose certification has
become inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation. A grant of a waiver is within
the discretion of the Board. Within 7 days of receiving a
request for a waiver under this Section, the Board shall
notify the law enforcement officer and the chief
administrator of the law enforcement officer's employing
agency, whether the request has been granted, denied, or

HB4336 - 783 - LRB103 35348 RLC 65412 b
if the Board will take additional time for information. A
law enforcement agency whose request for a waiver under
this subsection is denied is entitled to request a review
of the denial by the Board. The law enforcement agency
must request a review within 20 days of the waiver being
denied. The burden of proof shall be on the law
enforcement agency to show why the law enforcement officer
is entitled to a waiver of the legislatively required
training and eligibility requirements.
(c) No provision of this Section shall be construed to
mean that a county corrections officer employed by a
governmental agency at the time of the effective date of this
amendatory Act, either as a probationary county corrections
officer or as a permanent county corrections officer, shall
require certification under the provisions of this Section. No
provision of this Section shall be construed to apply to
certification of elected county sheriffs.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.

HB4336 - 784 - LRB103 35348 RLC 65412 b
(e-1) Each employing law enforcement agency shall allow
and provide an opportunity for a law enforcement officer to
complete the mandated requirements in this Act. All mandated
training shall be provided at no cost to the employees.
Employees shall be paid for all time spent attending mandated
training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) This Section does not apply to part-time law
enforcement officers or probationary part-time law enforcement
officers.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by Public Act 101-652, Public
Act 102-28, and Public Act 102-694 take effect July 1, 2022.
(Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;
103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)
(50 ILCS 705/8.2)
Sec. 8.2. Part-time police law enforcement officers.

HB4336 - 785 - LRB103 35348 RLC 65412 b
(a) A person hired to serve as a part-time police officer
must obtain from the Board a certificate (i) attesting to his
or her successful completion of the part-time police training
course; (ii) attesting to his or her satisfactory completion
of a training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the part-time police training course is
unnecessary because of the person's extensive prior law
enforcement experience. A person hired on or after March 14,
2002 (the effective date of Public Act 92-533) must obtain
this certificate within 18 months after the initial date of
hire as a probationary part-time police officer in the State
of Illinois. The probationary part-time police officer must be
enrolled and accepted into a Board-approved course within 6
months after active employment by any department in the State.
A person hired on or after January 1, 1996 and before March 14,
2002 (the effective date of Public Act 92-533) must obtain
this certificate within 18 months after the date of hire. A
person hired before January 1, 1996 must obtain this
certificate within 24 months after January 1, 1996 (the
effective date of Public Act 89-170).
The employing agency may seek a waiver from the Board
extending the period for compliance. A waiver shall be issued
only for good and justifiable reasons, and the probationary
part-time police officer may not practice as a part-time

HB4336 - 786 - LRB103 35348 RLC 65412 b
police officer during the waiver period. If training is
required and not completed within the applicable time period,
as extended by any waiver that may be granted, then the officer
must forfeit his or her position.
(b) (Blank).
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a
part-time basis.
(a) A person hired to serve as a part-time law enforcement
officer must obtain from the Board a certificate (i) attesting
to the officer's successful completion of the part-time police
training course; (ii) attesting to the officer's satisfactory
completion of a training program of similar content and number
of hours that has been found acceptable by the Board under the
provisions of this Act; or (iii) a training waiver attesting
to the Board's determination that the part-time police
training course is unnecessary because of the person's prior
law enforcement experience obtained in Illinois, in any other
state, or with an agency of the federal government. A person

HB4336 - 787 - LRB103 35348 RLC 65412 b
hired on or after the effective date of this amendatory Act of
the 92nd General Assembly must obtain this certificate within
18 months after the initial date of hire as a probationary
part-time law enforcement officer in the State of Illinois.
The probationary part-time law enforcement officer must be
enrolled and accepted into a Board-approved course within 6
months after active employment by any department in the State.
A person hired on or after January 1, 1996 and before the
effective date of this amendatory Act of the 92nd General
Assembly must obtain this certificate within 18 months after
the date of hire. A person hired before January 1, 1996 must
obtain this certificate within 24 months after the effective
date of this amendatory Act of 1995. Agencies seeking a
reciprocity waiver for training completed outside of Illinois
must conduct a thorough background check and provide
verification of the officer's prior training. After review and
satisfaction of all requested conditions, the officer shall be
awarded an equivalency certificate satisfying the requirements
of this Section. Within 60 days after the effective date of
this amendatory Act of the 103rd General Assembly, the Board
shall adopt uniform rules providing for a waiver process for a
person previously employed and qualified as a law enforcement
or county corrections officer under federal law or the laws of
any other state, or who has completed a basic law enforcement
officer or correctional officer academy who would be qualified
to be employed as a law enforcement officer or correctional

HB4336 - 788 - LRB103 35348 RLC 65412 b
officer by the federal government or any other state. These
rules shall address the process for evaluating prior training
credit, a description and list of the courses typically
required for reciprocity candidates to complete prior to
taking the exam, and a procedure for employers seeking a
pre-activation determination for a reciprocity training
waiver. The rules shall provide that any eligible person
previously trained as a law enforcement or county corrections
officer under federal law or the laws of any other state shall
successfully complete the following prior to the approval of a
waiver:
(1) a training program or set of coursework approved
by the Board on the laws of this State relevant to the
duties and training requirements of law enforcement and
county correctional officers;
(2) firearms training; and
(3) successful passage of the equivalency
certification examination.
The employing agency may seek an extension waiver from the
Board extending the period for compliance. An extension waiver
shall be issued only for good and justifiable reasons, and the
probationary part-time law enforcement officer may not
practice as a part-time law enforcement officer during the
extension waiver period. If training is required and not
completed within the applicable time period, as extended by
any waiver that may be granted, then the officer must forfeit

HB4336 - 789 - LRB103 35348 RLC 65412 b
the officer's position.
An individual who is not certified by the Board or whose
certified status is inactive shall not function as a law
enforcement officer, be assigned the duties of a law
enforcement officer by an agency, or be authorized to carry
firearms under the authority of the employer, except that
sheriffs who are elected are exempt from the requirement of
certified status. Failure to be in accordance with this Act
shall cause the officer to forfeit the officer's position.
(a-5) A part-time probationary law enforcement officer
shall be allowed to complete six months of a part-time police
training course and function as a law enforcement officer as
permitted by this subsection with a waiver from the Board,
provided the part-time law enforcement officer is still
enrolled in the training course. If the part-time probationary
law enforcement officer withdraws from the course for any
reason or does not complete the course within the applicable
time period, as extended by any waiver that may be granted,
then the officer must forfeit the officer's position. A
probationary law enforcement officer must function under the
following rules:
(1) A law enforcement agency may not grant a person
status as a law enforcement officer unless the person has
been granted an active law enforcement officer
certification by the Board.
(2) A part-time probationary law enforcement officer

HB4336 - 790 - LRB103 35348 RLC 65412 b
shall not be used as a permanent replacement for a
full-time law enforcement.
(3) A part-time probationary law enforcement officer
shall be directly supervised at all times by a Board
certified law enforcement officer. Direct supervision
requires oversight and control with the supervisor having
final decision-making authority as to the actions of the
recruit during duty hours.
(b) Inactive status. A person who has an inactive law
enforcement officer certification has no law enforcement
authority.
(1) A law enforcement officer's certification becomes
inactive upon termination, resignation, retirement, or
separation from the employing agency for any reason. The
Board shall re-activate a certification upon written
application from the law enforcement officer's employing
agency that shows the law enforcement officer: (i) has
accepted a part-time law enforcement position with that a
law enforcement agency, (ii) is not the subject of a
decertification proceeding, and (iii) meets all other
criteria for re-activation required by the Board.
The Board may refuse to re-activate the certification
of a law enforcement officer who was involuntarily
terminated for good cause by the officer's employing
agency for conduct subject to decertification under this
Act or resigned or retired after receiving notice of a law

HB4336 - 791 - LRB103 35348 RLC 65412 b
enforcement agency's investigation.
(2) A law enforcement agency may place an officer who
is currently certified on inactive status by sending a
written request to the Board. A law enforcement officer
whose certificate has been placed on inactive status shall
not function as a law enforcement officer until the
officer has completed any requirements for reactivating
the certificate as required by the Board. A request for
inactive status in this subsection shall be in writing,
accompanied by verifying documentation, and shall be
submitted to the Board by the law enforcement officer's
employing agency.
(3) Certification that has become inactive under
paragraph (2) of this subsection (b), shall be reactivated
by written notice from the law enforcement officer's law
enforcement agency upon a showing that the law enforcement
officer is: (i) employed in a part-time law enforcement
position with the same law enforcement agency, (ii) not
the subject of a decertification proceeding, and (iii)
meets all other criteria for re-activation required by the
Board. The Board may also establish special training
requirements to be completed as a condition for
re-activation.
The Board shall review a notice for reactivation from
a law enforcement agency and provide a response within 30
days. The Board may extend this review. A law enforcement

HB4336 - 792 - LRB103 35348 RLC 65412 b
officer shall be allowed to be employed as a part-time law
enforcement officer while the law enforcement officer
reactivation waiver is under review.
A law enforcement officer who is refused reactivation
or an employing agency of a law enforcement officer who is
refused reactivation under this Section may request a
hearing in accordance with the hearing procedures as
outlined in subsection (h) of Section 6.3 of this Act.
(4) Notwithstanding paragraph (3) of this Section, a
law enforcement officer whose certification has become
inactive under paragraph (2) may have the officer's
employing agency submit a request for a waiver of training
requirements to the Board in writing and accompanied by
any verifying documentation. A grant of a waiver is within
the discretion of the Board. Within 7 days of receiving a
request for a waiver under this section, the Board shall
notify the law enforcement officer and the chief
administrator of the law enforcement officer's employing
agency, whether the request has been granted, denied, or
if the Board will take additional time for information. A
law enforcement agency or law enforcement officer, whose
request for a waiver under this subsection is denied, is
entitled to request a review of the denial by the Board.
The law enforcement agency must request a review within 20
days after the waiver being denied. The burden of proof
shall be on the law enforcement agency to show why the law

HB4336 - 793 - LRB103 35348 RLC 65412 b
enforcement officer is entitled to a waiver of the
legislatively required training and eligibility
requirements.
(c) The part-time police training course referred to in
this Section shall be of similar content and the same number of
hours as the courses for full-time officers and shall be
provided by Mobile Team In-Service Training Units under the
Intergovernmental Law Enforcement Officer's In-Service
Training Act or by another approved program or facility in a
manner prescribed by the Board.
(d) Within 14 days, a law enforcement officer shall report
to the Board: (1) any name change; (2) any change in
employment; or (3) the filing of any criminal indictment or
charges against the officer alleging that the officer
committed any offense as enumerated in Section 6.1 of this
Act.
(e) All law enforcement officers must report the
completion of the training requirements required in this Act
in compliance with Section 8.4 of this Act.
(e-1) Each employing agency shall allow and provide an
opportunity for a law enforcement officer to complete the
requirements in this Act. All mandated training shall be
provided for at no cost to the employees. Employees shall be
paid for all time spent attending mandated training.
(e-2) Each agency, academy, or training provider shall
maintain proof of a law enforcement officer's completion of

HB4336 - 794 - LRB103 35348 RLC 65412 b
legislatively required training in a format designated by the
Board. The report of training shall be submitted to the Board
within 30 days following completion of the training. A copy of
the report shall be submitted to the law enforcement officer.
Upon receipt of a properly completed report of training, the
Board will make the appropriate entry into the training
records of the law enforcement officer.
(f) For the purposes of this Section, the Board shall
adopt rules defining what constitutes employment on a
part-time basis.
(g) Notwithstanding any provision of law to the contrary,
the changes made to this Section by this amendatory Act of the
102nd General Assembly and Public Act 101-652 take effect July
1, 2022.
(Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the
Fund may be used, as appropriated by the General Assembly,
for the ordinary and contingent expenses of the Illinois
Law Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the

HB4336 - 795 - LRB103 35348 RLC 65412 b
Fund shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's
previous fiscal year for mandated training for
probationary police law enforcement officers or
probationary county corrections officers and for optional
advanced and specialized law enforcement or county
corrections training; these reimbursements may include the
costs for tuition at training schools, the salaries of
trainees while in schools, and the necessary travel and
room and board expenses for each trainee; if the
appropriations under this paragraph (2) are not sufficient
to fully reimburse the participating local governmental
agencies, the available funds shall be apportioned among
such agencies, with priority first given to repayment of
the costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent police law enforcement officers or permanent
county corrections officers;
(3) a portion of the total amount deposited in the
Fund may be used to fund the Intergovernmental Law
Enforcement Officer's In-Service Training Act, veto
overridden October 29, 1981, as now or hereafter amended,
at a rate and method to be determined by the board;

HB4336 - 796 - LRB103 35348 RLC 65412 b
(4) a portion of the Fund also may be used by the
Illinois State Police for expenses incurred in the
training of employees from any State, county, or municipal
agency whose function includes enforcement of criminal or
traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training
of employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local
law enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys

HB4336 - 797 - LRB103 35348 RLC 65412 b
appropriated for the purposes specified in this Section. No
more than 50% of any appropriation under this Act shall be
spent in any city having a population of more than 500,000. The
State Comptroller and the State Treasurer shall from time to
time, at the direction of the Governor, transfer from the
Traffic and Criminal Conviction Surcharge Fund to the General
Revenue Fund in the State Treasury such amounts as the
Governor determines are in excess of the amounts required to
meet the obligations of the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(50 ILCS 705/10) (from Ch. 85, par. 510)
Sec. 10. The Board may make, amend and rescind such rules
and regulations as may be necessary to carry out the
provisions of this Act, including those relating to the annual
certification of retired law enforcement officers qualified
under federal law to carry a concealed weapon. A copy of all
rules and regulations and amendments or rescissions thereof
shall be filed with the Secretary of State within a reasonable
time after their adoption. The schools certified by the Board
and participating in the training program may dismiss from the
school any trainee prior to the officer's completion of the
course, if in the opinion of the person in charge of the
training school, the trainee is unable or unwilling to

HB4336 - 798 - LRB103 35348 RLC 65412 b
satisfactorily complete the prescribed course of training.
The Board shall adopt emergency rules to administer this
Act in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. For the purposes of the Illinois
Administrative Procedure Act, the General Assembly finds that
the adoption of rules to implement this Act is deemed an
emergency and necessary to the public interest, safety, and
welfare.
(Source: P.A. 101-652, eff. 1-1-22.)
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
Sec. 10.1. Additional training programs. The Board shall
initiate, administer, and conduct training programs for
permanent police law enforcement officers and permanent county
corrections officers in addition to the basic recruit training
program. The Board may initiate, administer, and conduct
training programs for part-time police law enforcement
officers in addition to the basic part-time police law
enforcement training course. The training for permanent and
part-time police law enforcement officers and permanent county
corrections officers may be given in any schools selected by
the Board. Such training may include all or any part of the
subjects enumerated in Sections 7 and 7.4 of this Act.
The corporate authorities of all participating local
governmental agencies may elect to participate in the advanced
training for permanent and part-time police law enforcement

HB4336 - 799 - LRB103 35348 RLC 65412 b
officers and permanent county corrections officers but
nonparticipation in this program shall not in any way affect
the mandatory responsibility of governmental units to
participate in the basic recruit training programs for
probationary full-time and part-time police law enforcement
and permanent county corrections officers. The failure of any
permanent or part-time police law enforcement officer or
permanent county corrections officer to successfully complete
any course authorized under this Section shall not affect the
officer's status as a member of the police department or
county sheriff's office of any local governmental agency.
The Board may initiate, administer, and conduct training
programs for clerks of circuit courts. Those training
programs, at the Board's discretion, may be the same or
variations of training programs for law enforcement officers.
The Board shall initiate, administer, and conduct a
training program regarding the set up and operation of
portable scales for all municipal and county police officers,
technicians, and employees who set up and operate portable
scales. This training program must include classroom and field
training.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
(50 ILCS 705/10.2)
Sec. 10.2. Criminal background investigations.
(a) On and after March 14, 2002 (the effective date of

HB4336 - 800 - LRB103 35348 RLC 65412 b
Public Act 92-533), an applicant for employment as a peace
officer, or for annual certification as a retired law
enforcement officer qualified under federal law to carry a
concealed weapon, shall authorize an investigation to
determine if the applicant has been convicted of, or entered a
plea of guilty to, any criminal offense that disqualifies the
person as a peace officer.
(b) No law enforcement agency may knowingly employ a
person, or certify a retired law enforcement officer qualified
under federal law to carry a concealed weapon, unless (i) a
criminal background investigation of that person has been
completed and (ii) that investigation reveals no convictions
of or pleas of guilty to of offenses specified in subsection
(a) of Section 6.1 of this Act.
(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
(50 ILCS 705/10.3)
Sec. 10.3. Training of police law enforcement officers to
conduct electronic interrogations.
(a) From appropriations made to it for that purpose, the
Board shall initiate, administer, and conduct training
programs for permanent police law enforcement officers,
part-time police law enforcement officers, and recruits on the
methods and technical aspects of conducting electronic
recordings of interrogations.

HB4336 - 801 - LRB103 35348 RLC 65412 b
(b) Subject to appropriation, the Board shall develop
technical guidelines for the mandated recording of custodial
interrogations in all homicide investigations by law
enforcement agencies. These guidelines shall be developed in
conjunction with law enforcement agencies and technology
accreditation groups to provide guidance for law enforcement
agencies in implementing the mandated recording of custodial
interrogations in all homicide investigations.
(Source: P.A. 101-652, eff. 1-1-22.)
(50 ILCS 705/10.5-1 new)
Sec. 10.5-1. Conservators of the Peace training course.
The Board shall initiate, administer, and conduct a training
course for conservators of the peace. The training course may
include all or any part of the subjects enumerated in Section
7. The Board shall issue a certificate to those persons
successfully completing the course. For the purposes of this
Section, "conservators of the peace" means those persons
designated under Section 3.1-15-25 of the Illinois Municipal
Code and Section 4-7 of the Park District Code.
(50 ILCS 705/10.11)
Sec. 10.11. Training; death and homicide investigation.
The Illinois Law Enforcement Training Standards Board shall
conduct or approve a training program in death and homicide
investigation for the training of law enforcement officers of

HB4336 - 802 - LRB103 35348 RLC 65412 b
local law enforcement agencies. Only law enforcement officers
who successfully complete the training program may be assigned
as lead investigators in death and homicide investigations.
Satisfactory completion of the training program shall be
evidenced by a certificate issued to the law enforcement
officer by the Illinois Law Enforcement Training Standards
Board.
The Illinois Law Enforcement Training Standards Board
shall develop a process for waiver applications sent by a
local law enforcement governmental agency administrator for
those officers whose prior training and experience as homicide
investigators may qualify them for a waiver. The Board may
issue a waiver at its discretion, based solely on the prior
training and experience of an officer as a homicide
investigator. This Section does not affect or impede the
powers of the office of the coroner to investigate all deaths
as provided in Division 3-3 of the Counties Code and the
Coroner Training Board Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22.)
(50 ILCS 705/10.18)
Sec. 10.18. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for police law enforcement officers in the
administration of opioid antagonists as defined in paragraph

HB4336 - 803 - LRB103 35348 RLC 65412 b
(1) of subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As used
in this Section, the term "police law enforcement officers"
includes full-time or part-time probationary police law
enforcement officers, permanent or part-time police law
enforcement officers, recruits, permanent or probationary
county corrections officers, permanent or probationary county
security officers, and court security officers. The term does
not include auxiliary police officers as defined in Section
3.1-30-20 of the Illinois Municipal Code.
(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the Illinois
State Police Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the
automatic injection of a pre-measured dose of epinephrine into
the human body prescribed in the name of a local law
enforcement agency.
(c) The Board shall conduct or approve an optional
advanced training program for police law enforcement officers
to recognize and respond to anaphylaxis, including the
administration of an epinephrine auto-injector. The training
must include, but is not limited to:

HB4336 - 804 - LRB103 35348 RLC 65412 b
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local law enforcement agency may authorize a police
law enforcement officer who has completed an optional advanced
training program under subsection (c) to carry, administer, or
assist with the administration of epinephrine auto-injectors
provided by the local law enforcement agency whenever the
officer is performing official duties.
(e) A local law enforcement agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician assistant with prescriptive

HB4336 - 805 - LRB103 35348 RLC 65412 b
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local law enforcement agency to be maintained for use when
necessary.
(g) When a police law enforcement officer administers an
epinephrine auto-injector in good faith, the police law
enforcement officer and local law enforcement agency, and its
employees and agents, including a physician, physician
assistant with prescriptive authority, or advanced practice
registered nurse with prescriptive authority who provides a
standing order or prescription for an epinephrine
auto-injector, incur no civil or professional liability,
except for willful and wanton conduct, or as a result of any
injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
103-154, eff. 6-30-23.)
(50 ILCS 705/10.20)
Sec. 10.20. Disposal of medications. The Board shall
develop rules and minimum standards for local law enforcement
agencies that authorize police law enforcement officers to
dispose of unused medications under Section 18 of the Safe
Pharmaceutical Disposal Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

HB4336 - 806 - LRB103 35348 RLC 65412 b
(50 ILCS 705/3.1 rep.)
(50 ILCS 705/6.3 rep.)
(50 ILCS 705/6.6 rep.)
(50 ILCS 705/6.7 rep.)
(50 ILCS 705/8.3 rep.)
(50 ILCS 705/8.4 rep.)
(50 ILCS 705/9.2 rep.)
(50 ILCS 705/13 rep.)
Section 2-380. The Illinois Police Training Act is amended
by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and
13.
Section 2-390. The Counties Code is amended by changing
Section 3-6001.5 as follows:
(55 ILCS 5/3-6001.5)
Sec. 3-6001.5. Sheriff qualifications. A person is not
eligible to be elected or appointed to the office of sheriff,
unless that person meets all of the following requirements:
(1) Is a United States citizen.
(2) Has been a resident of the county for at least one
year.
(3) Is not a convicted felon.
(4) Has a certificate attesting to his or her
successful completion of the Minimum Standards Basic Law

HB4336 - 807 - LRB103 35348 RLC 65412 b
Enforcement Officers Training Course as prescribed by the
Illinois Law Enforcement Training Standards Board or a
substantially similar training program of another state or
the federal government. This paragraph does not apply to a
sheriff currently serving on the effective date of this
amendatory Act of the 101st General Assembly.
(Source: P.A. 101-652, eff. 1-1-22.)
Article 3.
Section 3-5. The State Finance Act is amended by adding
Sections 5.1016 and 6z-140 as follows:
(30 ILCS 105/5.1016 new)
Sec. 5.1016. The Local Government Retirement Fund.
(30 ILCS 105/6z-140 new)
Sec. 6z-140. The Local Government Retirement Fund.
(a) There is created in the State treasury a special fund
known as the Local Government Retirement Fund for the purpose
of receiving funds from any source for the purposes of making
payments toward public safety employee health insurance costs
and retirement contributions as provided in this Section.
(b) Each fiscal year beginning with fiscal year 2025, the
State Treasurer shall direct the State Comptroller to pay to
each unit of local government that makes a certification under

HB4336 - 808 - LRB103 35348 RLC 65412 b
Sections 3-125, 4-118, 5-168, 6-165, and 7-172 of the Illinois
Pension Code or under Section 11 of the Public Safety Employee
Benefits Act an amount equal to 40% of the total amount
certified by that unit of local government under all of the
applicable Sections.
(c) If, for any reason, the aggregate appropriations made
available are insufficient to meet the amount required in
subsection (b), this Section shall constitute a continuing
appropriation of the amount required under subsection (b).
Section 3-10. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 103rd General Assembly.
Section 3-15. The Illinois Pension Code is amended by
changing Sections 1-160, 3-111, 3-111.1, 3-112, 3-125, 4-109,
4-109.1, 4-114, 4-118, 5-155, 5-167.1, 5-168, 5-169, 6-165,
6-210, 7-142.1, 7-171, 7-172, 14-152.1, 15-108.1, 15-108.2,
15-135, 15-136, and 15-198 and by adding Sections 3-148.5,
4-138.15, 5-239, 6-231, and 15-203 as follows:

HB4336 - 809 - LRB103 35348 RLC 65412 b
(40 ILCS 5/1-160)
(Text of Section from P.A. 102-719)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
7, 15, or 18 of this Code, notwithstanding any other provision
of this Code to the contrary, but do not apply to any
self-managed plan established under this Code or to any
participant of the retirement plan established under Section
22-101; except that this Section applies to a person who
elected to establish alternative credits by electing in
writing after January 1, 2011, but before August 8, 2011,
under Section 7-145.1 of this Code. Notwithstanding anything
to the contrary in this Section, for purposes of this Section,
a person who is a Tier 1 regular employee as defined in Section
7-109.4 of this Code or who participated in a retirement
system under Article 15 prior to January 1, 2011 shall be
deemed a person who first became a member or participant prior
to January 1, 2011 under any retirement system or pension fund
subject to this Section. The changes made to this Section by
Public Act 98-596 are a clarification of existing law and are
intended to be retroactive to January 1, 2011 (the effective
date of Public Act 96-889), notwithstanding the provisions of

HB4336 - 810 - LRB103 35348 RLC 65412 b
Section 1-103.1 of this Code.
This Section does not apply to a person who first becomes a
noncovered employee under Article 14 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits
under Section 1-161.
This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this
Section and the applicable provisions of the Article under
which he or she is a member or participant.
(b) "Final average salary" means, except as otherwise

HB4336 - 811 - LRB103 35348 RLC 65412 b
provided in this subsection, the average monthly (or annual)
salary obtained by dividing the total salary or earnings
calculated under the Article applicable to the member or
participant during the 96 consecutive months (or 8 consecutive
years) of service within the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of any
retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) (Blank).
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by
him at the date of retirement or discharge".
A member of the Teachers' Retirement System of the State
of Illinois who retires on or after June 1, 2021 and for whom
the 2020-2021 school year is used in the calculation of the
member's final average salary shall use the higher of the

HB4336 - 812 - LRB103 35348 RLC 65412 b
following for the purpose of determining the member's final
average salary:
(A) the amount otherwise calculated under the first
paragraph of this subsection; or
(B) an amount calculated by the Teachers' Retirement
System of the State of Illinois using the average of the
monthly (or annual) salary obtained by dividing the total
salary or earnings calculated under Article 16 applicable
to the member or participant during the 96 months (or 8
years) of service within the last 120 months (or 10 years)
of service in which the total salary or earnings
calculated under the Article was the highest by the number
of months (or years) of service in that period.
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of

HB4336 - 813 - LRB103 35348 RLC 65412 b
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the retirement systems and pension funds by November
1 of each year.
(b-10) Beginning on January 1, 2024, for all purposes
under this Code (including, without limitation, the
calculation of benefits and employee contributions), the
annual earnings, salary, or wages (based on the plan year) of a
member or participant under Article 9 to whom this Section
applies shall include an annual earnings, salary, or wage cap
that tracks the Social Security wage base. Maximum annual
earnings, wages, or salary shall be the annual contribution
and benefit base established for the applicable year by the
Commissioner of the Social Security Administration under the
federal Social Security Act.
However, in no event shall the annual earnings, salary, or
wages for the purposes of this Article and Article 9 exceed any
limitation imposed on annual earnings, salary, or wages under
Section 1-117. Under no circumstances shall the maximum amount
of annual earnings, salary, or wages be greater than the
amount set forth in this subsection (b-10) as a result of
reciprocal service or any provisions regarding reciprocal

HB4336 - 814 - LRB103 35348 RLC 65412 b
services, nor shall the Fund under Article 9 be required to pay
any refund as a result of the application of this maximum
annual earnings, salary, and wage cap.
Nothing in this subsection (b-10) shall cause or otherwise
result in any retroactive adjustment of any employee
contributions. Nothing in this subsection (b-10) shall cause
or otherwise result in any retroactive adjustment of
disability or other payments made between January 1, 2011 and
January 1, 2024.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is
subject to this Section, for a member or participant under
Article 12 who first becomes a member or participant under
Article 12 on or after January 1, 2022 or who makes the
election under item (i) of subsection (d-15) of this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (age 60,
with respect to service under Article 12 that is subject to
this Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15) of this Section) and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article may elect to receive

HB4336 - 815 - LRB103 35348 RLC 65412 b
the lower retirement annuity provided in subsection (d) of
this Section.
(c-5) A person who first becomes a member or a participant
subject to this Section on or after July 6, 2017 (the effective
date of Public Act 100-23), notwithstanding any other
provision of this Code to the contrary, is entitled to a
retirement annuity under Article 8 or Article 11 upon written
application if he or she has attained age 65 and has at least
10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section).
(d-5) The retirement annuity payable under Article 8 or

HB4336 - 816 - LRB103 35348 RLC 65412 b
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.
(d-10) Each person who first became a member or
participant under Article 8 or Article 11 of this Code on or
after January 1, 2011 and prior to July 6, 2017 (the effective
date of Public Act 100-23) shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
provided in subsections (c-5) and (d-5) of this Section,
the eligibility for which is conditioned upon the member
or participant agreeing to the increases in employee
contributions for age and service annuities provided in
subsection (a-5) of Section 8-174 of this Code (for
service under Article 8) or subsection (a-5) of Section
11-170 of this Code (for service under Article 11); or
(ii) to not agree to item (i) of this subsection
(d-10), in which case the member or participant shall
continue to be subject to the retirement age provisions in
subsections (c) and (d) of this Section and the employee
contributions for age and service annuity as provided in
subsection (a) of Section 8-174 of this Code (for service
under Article 8) or subsection (a) of Section 11-170 of
this Code (for service under Article 11).
The election provided for in this subsection shall be made

HB4336 - 817 - LRB103 35348 RLC 65412 b
between October 1, 2017 and November 15, 2017. A person
subject to this subsection who makes the required election
shall remain bound by that election. A person subject to this
subsection who fails for any reason to make the required
election within the time specified in this subsection shall be
deemed to have made the election under item (ii).
(d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
specified in subsections (c) and (d) of this Section, the
eligibility for which is conditioned upon the member or
participant agreeing to the increase in employee
contributions for service annuities specified in
subsection (b) of Section 12-150; or
(ii) to not agree to item (i) of this subsection
(d-15), in which case the member or participant shall not
be eligible for the reduced retirement age specified in
subsections (c) and (d) of this Section and shall not be
subject to the increase in employee contributions for
service annuities specified in subsection (b) of Section
12-150.
The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain

HB4336 - 818 - LRB103 35348 RLC 65412 b
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).
(e) Any retirement annuity or supplemental annuity shall
be subject to annual increases on the January 1 occurring
either on or after the attainment of age 67 (age 65, with
respect to service under Article 12 that is subject to this
Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15); and beginning on July 6, 2017 (the
effective date of Public Act 100-23), age 65 with respect to
service under Article 8 or Article 11 for eligible persons
who: (i) are subject to subsection (c-5) of this Section; or
(ii) made the election under item (i) of subsection (d-10) of
this Section) or the first anniversary of the annuity start
date, whichever is later. Each annual increase shall be
calculated at 3% or one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, whichever is less, of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-u for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.

HB4336 - 819 - LRB103 35348 RLC 65412 b
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 102-263 are
applicable without regard to whether the employee was in
active service on or after August 6, 2021 (the effective date
of Public Act 102-263).
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 100-23 are
applicable without regard to whether the employee was in
active service on or after July 6, 2017 (the effective date of
Public Act 100-23).
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the
annuity if the deceased member died while receiving a

HB4336 - 820 - LRB103 35348 RLC 65412 b
retirement annuity or (2) in other cases, on each January 1
occurring after the first anniversary of the commencement of
the annuity. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted survivor's annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
(g) This Section does not apply to a person who The
benefits in Section 14-110 apply if the person is a fire
fighter in the fire protection service of a department, a
security employee of the Department of Corrections or the
Department of Juvenile Justice, or a security employee of the
Department of Innovation and Technology, as those terms are
defined in subsection (b) and subsection (c) of Section
14-110. A person who meets the requirements of this Section is
entitled to an annuity calculated under the provisions of
Section 14-110, in lieu of the regular or minimum retirement
annuity, only if the person has withdrawn from service with
not less than 20 years of eligible creditable service and has
attained age 60, regardless of whether the attainment of age
60 occurs while the person is still in service.
(g-5) This Section does not apply to a person who The

HB4336 - 821 - LRB103 35348 RLC 65412 b
benefits in Section 14-110 apply if the person is a State
policeman, investigator for the Secretary of State,
conservation police officer, investigator for the Department
of Revenue or the Illinois Gaming Board, investigator for the
Office of the Attorney General, Commerce Commission police
officer, or arson investigator, as those terms are defined in
subsection (b) and subsection (c) of Section 14-110. A person
who meets the requirements of this Section is entitled to an
annuity calculated under the provisions of Section 14-110, in
lieu of the regular or minimum retirement annuity, only if the
person has withdrawn from service with not less than 20 years
of eligible creditable service and has attained age 55,
regardless of whether the attainment of age 55 occurs while
the person is still in service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created
by this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be

HB4336 - 822 - LRB103 35348 RLC 65412 b
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then
that person's annuity or retirement pension earned as an
active employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(i-5) It is the intent of this amendatory Act of the 103rd
General Assembly to provide to the participants specified in
subsections (g) and (g-5) who first became participants on or
after January 1, 2011 the same level of benefits and

HB4336 - 823 - LRB103 35348 RLC 65412 b
eligibility criteria for benefits as those who first became
participants before January 1, 2011. The changes made to this
Article by this amendatory Act of the 103rd General Assembly
that provide benefit increases for participants specified in
subsections (g) and (g-5) apply without regard to whether the
participant was in service on or after the effective date of
this amendatory Act of the 103rd General Assembly,
notwithstanding the provisions of Section 1-103.1. The benefit
increases are intended to apply prospectively and do not
entitle a participant to retroactive benefit payments or
increases. The changes made to this Article by this amendatory
Act of the 103rd General Assembly shall not cause or otherwise
result in any retroactive adjustment of any employee
contributions.
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
5-6-22.)
(Text of Section from P.A. 102-813)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension

HB4336 - 824 - LRB103 35348 RLC 65412 b
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
7, 15, or 18 of this Code, notwithstanding any other provision
of this Code to the contrary, but do not apply to any
self-managed plan established under this Code or to any
participant of the retirement plan established under Section
22-101; except that this Section applies to a person who
elected to establish alternative credits by electing in
writing after January 1, 2011, but before August 8, 2011,
under Section 7-145.1 of this Code. Notwithstanding anything
to the contrary in this Section, for purposes of this Section,
a person who is a Tier 1 regular employee as defined in Section
7-109.4 of this Code or who participated in a retirement
system under Article 15 prior to January 1, 2011 shall be
deemed a person who first became a member or participant prior
to January 1, 2011 under any retirement system or pension fund
subject to this Section. The changes made to this Section by
Public Act 98-596 are a clarification of existing law and are
intended to be retroactive to January 1, 2011 (the effective
date of Public Act 96-889), notwithstanding the provisions of
Section 1-103.1 of this Code.
This Section does not apply to a person who first becomes a
noncovered employee under Article 14 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided

HB4336 - 825 - LRB103 35348 RLC 65412 b
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits
under Section 1-161.
This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this
Section and the applicable provisions of the Article under
which he or she is a member or participant.
(b) "Final average salary" means, except as otherwise
provided in this subsection, the average monthly (or annual)
salary obtained by dividing the total salary or earnings
calculated under the Article applicable to the member or
participant during the 96 consecutive months (or 8 consecutive
years) of service within the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under

HB4336 - 826 - LRB103 35348 RLC 65412 b
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of any
retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) (Blank).
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by
him at the date of retirement or discharge".
A member of the Teachers' Retirement System of the State
of Illinois who retires on or after June 1, 2021 and for whom
the 2020-2021 school year is used in the calculation of the
member's final average salary shall use the higher of the
following for the purpose of determining the member's final
average salary:
(A) the amount otherwise calculated under the first
paragraph of this subsection; or
(B) an amount calculated by the Teachers' Retirement
System of the State of Illinois using the average of the

HB4336 - 827 - LRB103 35348 RLC 65412 b
monthly (or annual) salary obtained by dividing the total
salary or earnings calculated under Article 16 applicable
to the member or participant during the 96 months (or 8
years) of service within the last 120 months (or 10 years)
of service in which the total salary or earnings
calculated under the Article was the highest by the number
of months (or years) of service in that period.
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the

HB4336 - 828 - LRB103 35348 RLC 65412 b
boards of the retirement systems and pension funds by November
1 of each year.
(b-10) Beginning on January 1, 2024, for all purposes
under this Code (including, without limitation, the
calculation of benefits and employee contributions), the
annual earnings, salary, or wages (based on the plan year) of a
member or participant under Article 9 to whom this Section
applies shall include an annual earnings, salary, or wage cap
that tracks the Social Security wage base. Maximum annual
earnings, wages, or salary shall be the annual contribution
and benefit base established for the applicable year by the
Commissioner of the Social Security Administration under the
federal Social Security Act.
However, in no event shall the annual earnings, salary, or
wages for the purposes of this Article and Article 9 exceed any
limitation imposed on annual earnings, salary, or wages under
Section 1-117. Under no circumstances shall the maximum amount
of annual earnings, salary, or wages be greater than the
amount set forth in this subsection (b-10) as a result of
reciprocal service or any provisions regarding reciprocal
services, nor shall the Fund under Article 9 be required to pay
any refund as a result of the application of this maximum
annual earnings, salary, and wage cap.
Nothing in this subsection (b-10) shall cause or otherwise
result in any retroactive adjustment of any employee
contributions. Nothing in this subsection (b-10) shall cause

HB4336 - 829 - LRB103 35348 RLC 65412 b
or otherwise result in any retroactive adjustment of
disability or other payments made between January 1, 2011 and
January 1, 2024.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is
subject to this Section, for a member or participant under
Article 12 who first becomes a member or participant under
Article 12 on or after January 1, 2022 or who makes the
election under item (i) of subsection (d-15) of this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (age 60,
with respect to service under Article 12 that is subject to
this Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15) of this Section) and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article may elect to receive
the lower retirement annuity provided in subsection (d) of
this Section.
(c-5) A person who first becomes a member or a participant
subject to this Section on or after July 6, 2017 (the effective
date of Public Act 100-23), notwithstanding any other
provision of this Code to the contrary, is entitled to a

HB4336 - 830 - LRB103 35348 RLC 65412 b
retirement annuity under Article 8 or Article 11 upon written
application if he or she has attained age 65 and has at least
10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section).
(d-5) The retirement annuity payable under Article 8 or
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.
(d-10) Each person who first became a member or
participant under Article 8 or Article 11 of this Code on or

HB4336 - 831 - LRB103 35348 RLC 65412 b
after January 1, 2011 and prior to July 6, 2017 (the effective
date of Public Act 100-23) shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
provided in subsections (c-5) and (d-5) of this Section,
the eligibility for which is conditioned upon the member
or participant agreeing to the increases in employee
contributions for age and service annuities provided in
subsection (a-5) of Section 8-174 of this Code (for
service under Article 8) or subsection (a-5) of Section
11-170 of this Code (for service under Article 11); or
(ii) to not agree to item (i) of this subsection
(d-10), in which case the member or participant shall
continue to be subject to the retirement age provisions in
subsections (c) and (d) of this Section and the employee
contributions for age and service annuity as provided in
subsection (a) of Section 8-174 of this Code (for service
under Article 8) or subsection (a) of Section 11-170 of
this Code (for service under Article 11).
The election provided for in this subsection shall be made
between October 1, 2017 and November 15, 2017. A person
subject to this subsection who makes the required election
shall remain bound by that election. A person subject to this
subsection who fails for any reason to make the required
election within the time specified in this subsection shall be
deemed to have made the election under item (ii).

HB4336 - 832 - LRB103 35348 RLC 65412 b
(d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
specified in subsections (c) and (d) of this Section, the
eligibility for which is conditioned upon the member or
participant agreeing to the increase in employee
contributions for service annuities specified in
subsection (b) of Section 12-150; or
(ii) to not agree to item (i) of this subsection
(d-15), in which case the member or participant shall not
be eligible for the reduced retirement age specified in
subsections (c) and (d) of this Section and shall not be
subject to the increase in employee contributions for
service annuities specified in subsection (b) of Section
12-150.
The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).
(e) Any retirement annuity or supplemental annuity shall
be subject to annual increases on the January 1 occurring

HB4336 - 833 - LRB103 35348 RLC 65412 b
either on or after the attainment of age 67 (age 65, with
respect to service under Article 12 that is subject to this
Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15); and beginning on July 6, 2017 (the
effective date of Public Act 100-23), age 65 with respect to
service under Article 8 or Article 11 for eligible persons
who: (i) are subject to subsection (c-5) of this Section; or
(ii) made the election under item (i) of subsection (d-10) of
this Section) or the first anniversary of the annuity start
date, whichever is later. Each annual increase shall be
calculated at 3% or one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, whichever is less, of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-u for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 102-263 are
applicable without regard to whether the employee was in
active service on or after August 6, 2021 (the effective date
of Public Act 102-263).
For the purposes of Section 1-103.1 of this Code, the

HB4336 - 834 - LRB103 35348 RLC 65412 b
changes made to this Section by Public Act 100-23 are
applicable without regard to whether the employee was in
active service on or after July 6, 2017 (the effective date of
Public Act 100-23).
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the
annuity if the deceased member died while receiving a
retirement annuity or (2) in other cases, on each January 1
occurring after the first anniversary of the commencement of
the annuity. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever

HB4336 - 835 - LRB103 35348 RLC 65412 b
is less, of the originally granted survivor's annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
(g) This Section does not apply to a person who The
benefits in Section 14-110 apply only if the person is a State
policeman, a fire fighter in the fire protection service of a
department, a conservation police officer, an investigator for
the Secretary of State, an arson investigator, a Commerce
Commission police officer, investigator for the Department of
Revenue or the Illinois Gaming Board, a security employee of
the Department of Corrections or the Department of Juvenile
Justice, or a security employee of the Department of
Innovation and Technology, as those terms are defined in
subsection (b) and subsection (c) of Section 14-110. A person
who meets the requirements of this Section is entitled to an
annuity calculated under the provisions of Section 14-110, in
lieu of the regular or minimum retirement annuity, only if the
person has withdrawn from service with not less than 20 years
of eligible creditable service and has attained age 60,
regardless of whether the attainment of age 60 occurs while
the person is still in service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity

HB4336 - 836 - LRB103 35348 RLC 65412 b
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created
by this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then
that person's annuity or retirement pension earned as an
active employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and

HB4336 - 837 - LRB103 35348 RLC 65412 b
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(i-5) It is the intent of this amendatory Act of the 103rd
General Assembly to provide to the participants specified in
subsections (g) and (g-5) who first became participants on or
after January 1, 2011 the same level of benefits and
eligibility criteria for benefits as those who first became
participants before January 1, 2011. The changes made to this
Article by this amendatory Act of the 103rd General Assembly
that provide benefit increases for participants specified in
subsections (g) and (g-5) apply without regard to whether the
participant was in service on or after the effective date of
this amendatory Act of the 103rd General Assembly,
notwithstanding the provisions of Section 1-103.1. The benefit
increases are intended to apply prospectively and do not
entitle a participant to retroactive benefit payments or
increases. The changes made to this Article by this amendatory
Act of the 103rd General Assembly shall not cause or otherwise
result in any retroactive adjustment of any employee
contributions.
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.

HB4336 - 838 - LRB103 35348 RLC 65412 b
(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
5-13-22.)
(Text of Section from P.A. 102-956)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
7, 15, or 18 of this Code, notwithstanding any other provision
of this Code to the contrary, but do not apply to any
self-managed plan established under this Code or to any
participant of the retirement plan established under Section
22-101; except that this Section applies to a person who
elected to establish alternative credits by electing in
writing after January 1, 2011, but before August 8, 2011,
under Section 7-145.1 of this Code. Notwithstanding anything
to the contrary in this Section, for purposes of this Section,
a person who is a Tier 1 regular employee as defined in Section
7-109.4 of this Code or who participated in a retirement
system under Article 15 prior to January 1, 2011 shall be
deemed a person who first became a member or participant prior
to January 1, 2011 under any retirement system or pension fund
subject to this Section. The changes made to this Section by

HB4336 - 839 - LRB103 35348 RLC 65412 b
Public Act 98-596 are a clarification of existing law and are
intended to be retroactive to January 1, 2011 (the effective
date of Public Act 96-889), notwithstanding the provisions of
Section 1-103.1 of this Code.
This Section does not apply to a person who first becomes a
noncovered employee under Article 14 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits
under Section 1-161.
This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this

HB4336 - 840 - LRB103 35348 RLC 65412 b
Section and the applicable provisions of the Article under
which he or she is a member or participant.
(b) "Final average salary" means, except as otherwise
provided in this subsection, the average monthly (or annual)
salary obtained by dividing the total salary or earnings
calculated under the Article applicable to the member or
participant during the 96 consecutive months (or 8 consecutive
years) of service within the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of any
retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) (Blank).
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by
him at the date of retirement or discharge".
A member of the Teachers' Retirement System of the State

HB4336 - 841 - LRB103 35348 RLC 65412 b
of Illinois who retires on or after June 1, 2021 and for whom
the 2020-2021 school year is used in the calculation of the
member's final average salary shall use the higher of the
following for the purpose of determining the member's final
average salary:
(A) the amount otherwise calculated under the first
paragraph of this subsection; or
(B) an amount calculated by the Teachers' Retirement
System of the State of Illinois using the average of the
monthly (or annual) salary obtained by dividing the total
salary or earnings calculated under Article 16 applicable
to the member or participant during the 96 months (or 8
years) of service within the last 120 months (or 10 years)
of service in which the total salary or earnings
calculated under the Article was the highest by the number
of months (or years) of service in that period.
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September

HB4336 - 842 - LRB103 35348 RLC 65412 b
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the retirement systems and pension funds by November
1 of each year.
(b-10) Beginning on January 1, 2024, for all purposes
under this Code (including, without limitation, the
calculation of benefits and employee contributions), the
annual earnings, salary, or wages (based on the plan year) of a
member or participant under Article 9 to whom this Section
applies shall include an annual earnings, salary, or wage cap
that tracks the Social Security wage base. Maximum annual
earnings, wages, or salary shall be the annual contribution
and benefit base established for the applicable year by the
Commissioner of the Social Security Administration under the
federal Social Security Act.
However, in no event shall the annual earnings, salary, or
wages for the purposes of this Article and Article 9 exceed any
limitation imposed on annual earnings, salary, or wages under
Section 1-117. Under no circumstances shall the maximum amount

HB4336 - 843 - LRB103 35348 RLC 65412 b
of annual earnings, salary, or wages be greater than the
amount set forth in this subsection (b-10) as a result of
reciprocal service or any provisions regarding reciprocal
services, nor shall the Fund under Article 9 be required to pay
any refund as a result of the application of this maximum
annual earnings, salary, and wage cap.
Nothing in this subsection (b-10) shall cause or otherwise
result in any retroactive adjustment of any employee
contributions. Nothing in this subsection (b-10) shall cause
or otherwise result in any retroactive adjustment of
disability or other payments made between January 1, 2011 and
January 1, 2024.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is
subject to this Section, for a member or participant under
Article 12 who first becomes a member or participant under
Article 12 on or after January 1, 2022 or who makes the
election under item (i) of subsection (d-15) of this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (age 60,
with respect to service under Article 12 that is subject to
this Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)

HB4336 - 844 - LRB103 35348 RLC 65412 b
of subsection (d-15) of this Section) and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article may elect to receive
the lower retirement annuity provided in subsection (d) of
this Section.
(c-5) A person who first becomes a member or a participant
subject to this Section on or after July 6, 2017 (the effective
date of Public Act 100-23), notwithstanding any other
provision of this Code to the contrary, is entitled to a
retirement annuity under Article 8 or Article 11 upon written
application if he or she has attained age 65 and has at least
10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,

HB4336 - 845 - LRB103 35348 RLC 65412 b
2022 or who makes the election under item (i) of subsection
(d-15) of this Section).
(d-5) The retirement annuity payable under Article 8 or
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.
(d-10) Each person who first became a member or
participant under Article 8 or Article 11 of this Code on or
after January 1, 2011 and prior to July 6, 2017 (the effective
date of Public Act 100-23) shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
provided in subsections (c-5) and (d-5) of this Section,
the eligibility for which is conditioned upon the member
or participant agreeing to the increases in employee
contributions for age and service annuities provided in
subsection (a-5) of Section 8-174 of this Code (for
service under Article 8) or subsection (a-5) of Section
11-170 of this Code (for service under Article 11); or
(ii) to not agree to item (i) of this subsection
(d-10), in which case the member or participant shall
continue to be subject to the retirement age provisions in
subsections (c) and (d) of this Section and the employee
contributions for age and service annuity as provided in
subsection (a) of Section 8-174 of this Code (for service

HB4336 - 846 - LRB103 35348 RLC 65412 b
under Article 8) or subsection (a) of Section 11-170 of
this Code (for service under Article 11).
The election provided for in this subsection shall be made
between October 1, 2017 and November 15, 2017. A person
subject to this subsection who makes the required election
shall remain bound by that election. A person subject to this
subsection who fails for any reason to make the required
election within the time specified in this subsection shall be
deemed to have made the election under item (ii).
(d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
specified in subsections (c) and (d) of this Section, the
eligibility for which is conditioned upon the member or
participant agreeing to the increase in employee
contributions for service annuities specified in
subsection (b) of Section 12-150; or
(ii) to not agree to item (i) of this subsection
(d-15), in which case the member or participant shall not
be eligible for the reduced retirement age specified in
subsections (c) and (d) of this Section and shall not be
subject to the increase in employee contributions for
service annuities specified in subsection (b) of Section
12-150.

HB4336 - 847 - LRB103 35348 RLC 65412 b
The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).
(e) Any retirement annuity or supplemental annuity shall
be subject to annual increases on the January 1 occurring
either on or after the attainment of age 67 (age 65, with
respect to service under Article 12 that is subject to this
Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15); and beginning on July 6, 2017 (the
effective date of Public Act 100-23), age 65 with respect to
service under Article 8 or Article 11 for eligible persons
who: (i) are subject to subsection (c-5) of this Section; or
(ii) made the election under item (i) of subsection (d-10) of
this Section) or the first anniversary of the annuity start
date, whichever is later. Each annual increase shall be
calculated at 3% or one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, whichever is less, of the originally granted
retirement annuity. If the annual unadjusted percentage change

HB4336 - 848 - LRB103 35348 RLC 65412 b
in the consumer price index-u for the 12 months ending with the
September preceding each November 1 is zero or there is a
decrease, then the annuity shall not be increased.
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 102-263 are
applicable without regard to whether the employee was in
active service on or after August 6, 2021 (the effective date
of Public Act 102-263).
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 100-23 are
applicable without regard to whether the employee was in
active service on or after July 6, 2017 (the effective date of
Public Act 100-23).
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any

HB4336 - 849 - LRB103 35348 RLC 65412 b
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the
annuity if the deceased member died while receiving a
retirement annuity or (2) in other cases, on each January 1
occurring after the first anniversary of the commencement of
the annuity. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted survivor's annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
(g) This Section does not apply to a person who The
benefits in Section 14-110 apply only if the person is a State
policeman, a fire fighter in the fire protection service of a
department, a conservation police officer, an investigator for
the Secretary of State, an investigator for the Office of the
Attorney General, an arson investigator, a Commerce Commission
police officer, investigator for the Department of Revenue or
the Illinois Gaming Board, a security employee of the
Department of Corrections or the Department of Juvenile
Justice, or a security employee of the Department of
Innovation and Technology, as those terms are defined in
subsection (b) and subsection (c) of Section 14-110. A person

HB4336 - 850 - LRB103 35348 RLC 65412 b
who meets the requirements of this Section is entitled to an
annuity calculated under the provisions of Section 14-110, in
lieu of the regular or minimum retirement annuity, only if the
person has withdrawn from service with not less than 20 years
of eligible creditable service and has attained age 60,
regardless of whether the attainment of age 60 occurs while
the person is still in service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created
by this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a

HB4336 - 851 - LRB103 35348 RLC 65412 b
governmental entity from which he or she has retired, then
that person's annuity or retirement pension earned as an
active employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
(i) (Blank).
(i-5) It is the intent of this amendatory Act of the 103rd
General Assembly to provide to the participants specified in
subsections (g) and (g-5) who first became participants on or
after January 1, 2011 the same level of benefits and
eligibility criteria for benefits as those who first became
participants before January 1, 2011. The changes made to this
Article by this amendatory Act of the 103rd General Assembly
that provide benefit increases for participants specified in
subsections (g) and (g-5) apply without regard to whether the
participant was in service on or after the effective date of
this amendatory Act of the 103rd General Assembly,

HB4336 - 852 - LRB103 35348 RLC 65412 b
notwithstanding the provisions of Section 1-103.1. The benefit
increases are intended to apply prospectively and do not
entitle a participant to retroactive benefit payments or
increases. The changes made to this Article by this amendatory
Act of the 103rd General Assembly shall not cause or otherwise
result in any retroactive adjustment of any employee
contributions.
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22;
102-263, eff. 8-6-21; 102-956, eff. 5-27-22; 103-529, eff.
8-11-23.)
(40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
Sec. 3-111. Pension.
(a) A police officer age 50 or more with 20 or more years
of creditable service, who is not a participant in the
self-managed plan under Section 3-109.3 and who is no longer
in service as a police officer, shall receive a pension of 1/2
of the salary attached to the rank held by the officer on the
police force for one year immediately prior to retirement or,
beginning July 1, 1987 for persons terminating service on or
after that date, the salary attached to the rank held on the
last day of service or for one year prior to the last day,
whichever is greater. The pension shall be increased by 2.5%

HB4336 - 853 - LRB103 35348 RLC 65412 b
of such salary for each additional year of service over 20
years of service through 30 years of service, to a maximum of
75% of such salary.
The changes made to this subsection (a) by this amendatory
Act of the 91st General Assembly apply to all pensions that
become payable under this subsection on or after January 1,
1999. All pensions payable under this subsection that began on
or after January 1, 1999 and before the effective date of this
amendatory Act shall be recalculated, and the amount of the
increase accruing for that period shall be payable to the
pensioner in a lump sum.
(a-5) No pension in effect on or granted after June 30,
1973 shall be less than $200 per month. Beginning July 1, 1987,
the minimum retirement pension for a police officer having at
least 20 years of creditable service shall be $400 per month,
without regard to whether or not retirement occurred prior to
that date. If the minimum pension established in Section
3-113.1 is greater than the minimum provided in this
subsection, the Section 3-113.1 minimum controls.
(b) A police officer mandatorily retired from service due
to age by operation of law, having at least 8 but less than 20
years of creditable service, shall receive a pension equal to
2 1/2% of the salary attached to the rank he or she held on the
police force for one year immediately prior to retirement or,
beginning July 1, 1987 for persons terminating service on or
after that date, the salary attached to the rank held on the

HB4336 - 854 - LRB103 35348 RLC 65412 b
last day of service or for one year prior to the last day,
whichever is greater, for each year of creditable service.
A police officer who retires or is separated from service
having at least 8 years but less than 20 years of creditable
service, who is not mandatorily retired due to age by
operation of law, and who does not apply for a refund of
contributions at his or her last separation from police
service, shall receive a pension upon attaining age 60 equal
to 2.5% of the salary attached to the rank held by the police
officer on the police force for one year immediately prior to
retirement or, beginning July 1, 1987 for persons terminating
service on or after that date, the salary attached to the rank
held on the last day of service or for one year prior to the
last day, whichever is greater, for each year of creditable
service.
(c) A police officer no longer in service who has at least
one but less than 8 years of creditable service in a police
pension fund but meets the requirements of this subsection (c)
shall be eligible to receive a pension from that fund equal to
2.5% of the salary attached to the rank held on the last day of
service under that fund or for one year prior to that last day,
whichever is greater, for each year of creditable service in
that fund. The pension shall begin no earlier than upon
attainment of age 60 (or upon mandatory retirement from the
fund by operation of law due to age, if that occurs before age
60) and in no event before the effective date of this

HB4336 - 855 - LRB103 35348 RLC 65412 b
amendatory Act of 1997.
In order to be eligible for a pension under this
subsection (c), the police officer must have at least 8 years
of creditable service in a second police pension fund under
this Article and be receiving a pension under subsection (a)
or (b) of this Section from that second fund. The police
officer need not be in service on or after the effective date
of this amendatory Act of 1997.
(d) (Blank). Notwithstanding any other provision of this
Article, the provisions of this subsection (d) apply to a
person who is not a participant in the self-managed plan under
Section 3-109.3 and who first becomes a police officer under
this Article on or after January 1, 2011.
A police officer age 55 or more who has 10 or more years of
service in that capacity shall be entitled at his option to
receive a monthly pension for his service as a police officer
computed by multiplying 2.5% for each year of such service by
his or her final average salary.
The pension of a police officer who is retiring after
attaining age 50 with 10 or more years of creditable service
shall be reduced by one-half of 1% for each month that the
police officer's age is under age 55.
The maximum pension under this subsection (d) shall be 75%
of final average salary.
For the purposes of this subsection (d), "final average
salary" means the greater of: (i) the average monthly salary

HB4336 - 856 - LRB103 35348 RLC 65412 b
obtained by dividing the total salary of the police officer
during the 48 consecutive months of service within the last 60
months of service in which the total salary was the highest by
the number of months of service in that period; or (ii) the
average monthly salary obtained by dividing the total salary
of the police officer during the 96 consecutive months of
service within the last 120 months of service in which the
total salary was the highest by the number of months of service
in that period.
Beginning on January 1, 2011, for all purposes under this
Code (including without limitation the calculation of benefits
and employee contributions), the annual salary based on the
plan year of a member or participant to whom this Section
applies shall not exceed $106,800; however, that amount shall
annually thereafter be increased by the lesser of (i) 3% of
that amount, including all previous adjustments, or (ii) the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, including all previous
adjustments.
Nothing in this amendatory Act of the 101st General
Assembly shall cause or otherwise result in any retroactive
adjustment of any employee contributions.
(Source: P.A. 101-610, eff. 1-1-20.)
(40 ILCS 5/3-111.1) (from Ch. 108 1/2, par. 3-111.1)

HB4336 - 857 - LRB103 35348 RLC 65412 b
Sec. 3-111.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly
pension of a police officer who retires after July 1, 1971, and
prior to January 1, 1986, shall be increased, upon either the
first of the month following the first anniversary of the date
of retirement if the officer is 60 years of age or over at
retirement date, or upon the first day of the month following
attainment of age 60 if it occurs after the first anniversary
of retirement, by 3% of the originally granted pension and by
an additional 3% of the originally granted pension in January
of each year thereafter.
(b) The monthly pension of a police officer who retired
from service with 20 or more years of service, on or before
July 1, 1971, shall be increased in January of the year
following the year of attaining age 65 or in January of 1972,
if then over age 65, by 3% of the originally granted pension
for each year the police officer received pension payments. In
each January thereafter, he or she shall receive an additional
increase of 3% of the original pension.
(c) The monthly pension of a police officer who retires on
disability or is retired for disability shall be increased in
January of the year following the year of attaining age 60, by
3% of the original grant of pension for each year he or she
received pension payments. In each January thereafter, the
police officer shall receive an additional increase of 3% of
the original pension.

HB4336 - 858 - LRB103 35348 RLC 65412 b
(d) The monthly pension of a police officer who retires
after January 1, 1986, shall be increased, upon either the
first of the month following the first anniversary of the date
of retirement if the officer is 55 years of age or over, or
upon the first day of the month following attainment of age 55
if it occurs after the first anniversary of retirement, by
1/12 of 3% of the originally granted pension for each full
month that has elapsed since the pension began, and by an
additional 3% of the originally granted pension in January of
each year thereafter.
The changes made to this subsection (d) by this amendatory
Act of the 91st General Assembly apply to all initial
increases that become payable under this subsection on or
after January 1, 1999. All initial increases that became
payable under this subsection on or after January 1, 1999 and
before the effective date of this amendatory Act shall be
recalculated and the additional amount accruing for that
period, if any, shall be payable to the pensioner in a lump
sum.
(e) Notwithstanding the provisions of subsection (a), upon
the first day of the month following (1) the first anniversary
of the date of retirement, or (2) the attainment of age 55, or
(3) July 1, 1987, whichever occurs latest, the monthly pension
of a police officer who retired on or after January 1, 1977 and
on or before January 1, 1986, and did not receive an increase
under subsection (a) before July 1, 1987, shall be increased

HB4336 - 859 - LRB103 35348 RLC 65412 b
by 3% of the originally granted monthly pension for each full
year that has elapsed since the pension began, and by an
additional 3% of the originally granted pension in each
January thereafter. The increases provided under this
subsection are in lieu of the increases provided in subsection
(a).
(f) Notwithstanding the other provisions of this Section,
beginning with increases granted on or after July 1, 1993, the
second and all subsequent automatic annual increases granted
under subsection (a), (b), (d), or (e) of this Section shall be
calculated as 3% of the amount of pension payable at the time
of the increase, including any increases previously granted
under this Section, rather than 3% of the originally granted
pension amount. Section 1-103.1 does not apply to this
subsection (f).
(g) Notwithstanding any other provision of this Article,
the monthly pension of a person who first becomes a police
officer under this Article on or after January 1, 2011 shall be
increased on the January 1 occurring either on or after the
attainment of age 60 or the first anniversary of the pension
start date, whichever is later; except that, beginning on the
effective date of this amendatory Act of the 103rd General
Assembly, eligibility for and the amount of the automatic
increase in the monthly pension of such a person shall be
calculated as otherwise provided in this Section. Each annual
increase shall be calculated at 3% or one-half the annual

HB4336 - 860 - LRB103 35348 RLC 65412 b
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted pension. If the annual unadjusted
percentage change in the consumer price index-u for a 12-month
period ending in September is zero or, when compared with the
preceding period, decreases, then the pension shall not be
increased.
For the purposes of this subsection (g), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds.
(Source: P.A. 96-1495, eff. 1-1-11.)
(40 ILCS 5/3-112) (from Ch. 108 1/2, par. 3-112)
Sec. 3-112. Pension to survivors.
(a) Upon the death of a police officer entitled to a
pension under Section 3-111, the surviving spouse shall be
entitled to the pension to which the police officer was then
entitled. Upon the death of the surviving spouse, or upon the
remarriage of the surviving spouse if that remarriage

HB4336 - 861 - LRB103 35348 RLC 65412 b
terminates the surviving spouse's eligibility under Section
3-121, the police officer's unmarried children who are under
age 18 or who are dependent because of physical or mental
disability shall be entitled to equal shares of such pension.
If there is no eligible surviving spouse and no eligible
child, the dependent parent or parents of the officer shall be
entitled to receive or share such pension until their death or
marriage or remarriage after the death of the police officer.
Notwithstanding any other provision of this Article, for a
person who first becomes a police officer under this Article
on or after January 1, 2011, the pension to which the surviving
spouse, children, or parents are entitled under this
subsection (a) shall be in an amount equal to the greater of
(i) 54% of the police officer's monthly salary at the date of
death, or (ii) 66 2/3% of the police officer's earned pension
at the date of death, and, if there is a surviving spouse, 12%
of such monthly salary shall be granted to the guardian of any
minor child or children, including a child who has been
conceived but not yet born, for each such child until
attainment of age 18. Upon the death of the surviving spouse
leaving one or more minor children, or upon the death of a
police officer leaving one or more minor children but no
surviving spouse, a monthly pension of 20% of the monthly
salary shall be granted to the duly appointed guardian of each
such child for the support and maintenance of each such child
until the child reaches age 18. The total pension provided

HB4336 - 862 - LRB103 35348 RLC 65412 b
under this paragraph shall not exceed 75% of the monthly
salary of the deceased police officer (1) when paid to the
survivor of a police officer who has attained 20 or more years
of service credit and who receives or is eligible to receive a
retirement pension under this Article, (2) when paid to the
survivor of a police officer who dies as a result of illness or
accident, (3) when paid to the survivor of a police officer who
dies from any cause while in receipt of a disability pension
under this Article, or (4) when paid to the survivor of a
deferred pensioner. Nothing in this subsection (a) shall act
to diminish the survivor's benefits described in subsection
(e) of this Section.
Notwithstanding Section 1-103.1, the changes made to this
subsection apply without regard to whether the deceased police
officer was in service on or after the effective date of this
amendatory Act of the 101st General Assembly.
Notwithstanding any other provision of this Article, the
monthly pension of a survivor of a person who first becomes a
police officer under this Article on or after January 1, 2011
shall be increased on the January 1 after attainment of age 60
by the recipient of the survivor's pension and each January 1
thereafter by 3% or one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, whichever is less, of the originally granted
survivor's pension; except that, beginning on the effective

HB4336 - 863 - LRB103 35348 RLC 65412 b
date of this amendatory Act of the 103rd General Assembly,
eligibility for and the amount of the automatic increase in
the monthly pension of such a survivor shall be calculated as
otherwise provided in this Section. If the annual unadjusted
percentage change in the consumer price index-u for a 12-month
period ending in September is zero or, when compared with the
preceding period, decreases, then the survivor's pension shall
not be increased.
For the purposes of this subsection (a), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds.
(b) Upon the death of a police officer while in service,
having at least 20 years of creditable service, or upon the
death of a police officer who retired from service with at
least 20 years of creditable service, whether death occurs
before or after attainment of age 50, the pension earned by the
police officer as of the date of death as provided in Section
3-111 shall be paid to the survivors in the sequence provided
in subsection (a) of this Section.
(c) Upon the death of a police officer while in service,

HB4336 - 864 - LRB103 35348 RLC 65412 b
having at least 10 but less than 20 years of service, a pension
of 1/2 of the salary attached to the rank or ranks held by the
officer for one year immediately prior to death shall be
payable to the survivors in the sequence provided in
subsection (a) of this Section. If death occurs as a result of
the performance of duty, the 10 year requirement shall not
apply and the pension to survivors shall be payable after any
period of service.
(d) Beginning July 1, 1987, a minimum pension of $400 per
month shall be paid to all surviving spouses, without regard
to the fact that the death of the police officer occurred prior
to that date. If the minimum pension established in Section
3-113.1 is greater than the minimum provided in this
subsection, the Section 3-113.1 minimum controls.
(e) The pension of the surviving spouse of a police
officer who dies (i) on or after January 1, 2001, (ii) without
having begun to receive either a retirement pension payable
under Section 3-111 or a disability pension payable under
Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a
result of sickness, accident, or injury incurred in or
resulting from the performance of an act of duty shall not be
less than 100% of the salary attached to the rank held by the
deceased police officer on the last day of service,
notwithstanding any provision in this Article to the contrary.
(Source: P.A. 101-610, eff. 1-1-20.)

HB4336 - 865 - LRB103 35348 RLC 65412 b
(40 ILCS 5/3-125) (from Ch. 108 1/2, par. 3-125)
Sec. 3-125. Financing.
(a) The city council or the board of trustees of the
municipality shall annually levy a tax upon all the taxable
property of the municipality at the rate on the dollar which
will produce an amount which, when added to the deductions
from the salaries or wages of police officers, and revenues
available from other sources, including State contributions,
will equal a sum sufficient to meet the annual requirements of
the police pension fund. The annual requirements to be
provided by such tax levy are equal to (1) the normal cost of
the pension fund for the year involved, plus (2) an amount
sufficient to bring the total assets of the pension fund up to
90% of the total actuarial liabilities of the pension fund by
the end of municipal fiscal year 2040, as annually updated and
determined by an enrolled actuary employed by the Illinois
Department of Insurance or by an enrolled actuary retained by
the pension fund or the municipality, minus (3) any
anticipated State contributions from the Local Government
Retirement Fund for the year involved. In making these
determinations, the required minimum employer contribution
shall be calculated each year as a level percentage of payroll
over the years remaining up to and including fiscal year 2040
and shall be determined under the projected unit credit
actuarial cost method. The tax shall be levied and collected
in the same manner as the general taxes of the municipality,

HB4336 - 866 - LRB103 35348 RLC 65412 b
and in addition to all other taxes now or hereafter authorized
to be levied upon all property within the municipality, and
shall be in addition to the amount authorized to be levied for
general purposes as provided by Section 8-3-1 of the Illinois
Municipal Code, approved May 29, 1961, as amended. The tax
shall be forwarded directly to the treasurer of the board
within 30 business days after receipt by the county.
(a-5) Beginning in State fiscal year 2025, the city
council or the board of trustees of the municipality shall
certify to the Governor the amount of (1) the normal cost of
the pension fund for the year involved, plus (2) an amount
sufficient to bring the total assets of the pension fund up to
90% of the total actuarial liabilities of the pension fund by
the end of municipal fiscal year 2040, as annually updated and
determined by an enrolled actuary employed by the Department
of Insurance or by an enrolled actuary retained by the pension
fund or the municipality.
(b) For purposes of determining the required employer
contribution to a pension fund, the value of the pension
fund's assets shall be equal to the actuarial value of the
pension fund's assets, which shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of a
pension fund's assets shall be equal to the market value
of the assets as of that date.
(2) In determining the actuarial value of the System's
assets for fiscal years after March 30, 2011, any

HB4336 - 867 - LRB103 35348 RLC 65412 b
actuarial gains or losses from investment return incurred
in a fiscal year shall be recognized in equal annual
amounts over the 5-year period following that fiscal year.
(c) If a participating municipality fails to transmit to
the fund contributions required of it under this Article for
more than 90 days after the payment of those contributions is
due, the fund may, after giving notice to the municipality,
certify to the State Comptroller the amounts of the delinquent
payments in accordance with any applicable rules of the
Comptroller, and the Comptroller must, beginning in fiscal
year 2016, deduct and remit to the fund the certified amounts
or a portion of those amounts from the following proportions
of payments of State funds to the municipality:
(1) in fiscal year 2016, one-third of the total amount
of any payments of State funds to the municipality;
(2) in fiscal year 2017, two-thirds of the total
amount of any payments of State funds to the municipality;
and
(3) in fiscal year 2018 and each fiscal year
thereafter, the total amount of any payments of State
funds to the municipality.
The State Comptroller may not deduct from any payments of
State funds to the municipality more than the amount of
delinquent payments certified to the State Comptroller by the
fund.
(d) The police pension fund shall consist of the following

HB4336 - 868 - LRB103 35348 RLC 65412 b
moneys which shall be set apart by the treasurer of the
municipality:
(1) All moneys derived from the taxes levied
hereunder;
(2) Contributions by police officers under Section
3-125.1;
(2.5) All moneys received from the Police Officers'
Pension Investment Fund as provided in Article 22B of this
Code;
(3) All moneys accumulated by the municipality under
any previous legislation establishing a fund for the
benefit of disabled or retired police officers;
(4) Donations, gifts or other transfers authorized by
this Article.
(e) The Commission on Government Forecasting and
Accountability shall conduct a study of all funds established
under this Article and shall report its findings to the
General Assembly on or before January 1, 2013. To the fullest
extent possible, the study shall include, but not be limited
to, the following:
(1) fund balances;
(2) historical employer contribution rates for each
fund;
(3) the actuarial formulas used as a basis for
employer contributions, including the actual assumed rate
of return for each year, for each fund;

HB4336 - 869 - LRB103 35348 RLC 65412 b
(4) available contribution funding sources;
(5) the impact of any revenue limitations caused by
PTELL and employer home rule or non-home rule status; and
(6) existing statutory funding compliance procedures
and funding enforcement mechanisms for all municipal
pension funds.
(Source: P.A. 101-610, eff. 1-1-20.)
(40 ILCS 5/3-148.5 new)
Sec. 3-148.5. Application of this amendatory Act of the
103rd General Assembly. It is the intent of this amendatory
Act of the 103rd General Assembly to provide to police
officers who first became police officers on or after January
1, 2011 the same level of benefits and eligibility criteria
for benefits as those who first became police officers before
January 1, 2011. The changes made to this Article by this
amendatory Act of the 103rd General Assembly that provide
benefit increases for police officers apply without regard to
whether the police officer was in service on or after the
effective date of this amendatory Act of the 103rd General
Assembly, notwithstanding the provisions of Section 1-103.1.
The benefit increases are intended to apply prospectively and
do not entitle a police officer to retroactive benefit
payments or increases. The changes made to this Article by
this amendatory Act of the 103rd General Assembly shall not
cause or otherwise result in any retroactive adjustment of any

HB4336 - 870 - LRB103 35348 RLC 65412 b
employee contributions.
(40 ILCS 5/4-109) (from Ch. 108 1/2, par. 4-109)
Sec. 4-109. Pension.
(a) A firefighter age 50 or more with 20 or more years of
creditable service, who is no longer in service as a
firefighter, shall receive a monthly pension of 1/2 the
monthly salary attached to the rank held by him or her in the
fire service at the date of retirement.
The monthly pension shall be increased by 1/12 of 2.5% of
such monthly salary for each additional month over 20 years of
service through 30 years of service, to a maximum of 75% of
such monthly salary.
The changes made to this subsection (a) by this amendatory
Act of the 91st General Assembly apply to all pensions that
become payable under this subsection on or after January 1,
1999. All pensions payable under this subsection that began on
or after January 1, 1999 and before the effective date of this
amendatory Act shall be recalculated, and the amount of the
increase accruing for that period shall be payable to the
pensioner in a lump sum.
(b) A firefighter who retires or is separated from service
having at least 10 but less than 20 years of creditable
service, who is not entitled to receive a disability pension,
and who did not apply for a refund of contributions at his or
her last separation from service shall receive a monthly

HB4336 - 871 - LRB103 35348 RLC 65412 b
pension upon attainment of age 60 based on the monthly salary
attached to his or her rank in the fire service on the date of
retirement or separation from service according to the
following schedule:
For 10 years of service, 15% of salary;
For 11 years of service, 17.6% of salary;
For 12 years of service, 20.4% of salary;
For 13 years of service, 23.4% of salary;
For 14 years of service, 26.6% of salary;
For 15 years of service, 30% of salary;
For 16 years of service, 33.6% of salary;
For 17 years of service, 37.4% of salary;
For 18 years of service, 41.4% of salary;
For 19 years of service, 45.6% of salary.
(c) (Blank). Notwithstanding any other provision of this
Article, the provisions of this subsection (c) apply to a
person who first becomes a firefighter under this Article on
or after January 1, 2011.
A firefighter age 55 or more who has 10 or more years of
service in that capacity shall be entitled at his option to
receive a monthly pension for his service as a firefighter
computed by multiplying 2.5% for each year of such service by
his or her final average salary.
The pension of a firefighter who is retiring after
attaining age 50 with 10 or more years of creditable service
shall be reduced by one-half of 1% for each month that the

HB4336 - 872 - LRB103 35348 RLC 65412 b
firefighter's age is under age 55.
The maximum pension under this subsection (c) shall be 75%
of final average salary.
For the purposes of this subsection (c), "final average
salary" means the greater of: (i) the average monthly salary
obtained by dividing the total salary of the firefighter
during the 48 consecutive months of service within the last 60
months of service in which the total salary was the highest by
the number of months of service in that period; or (ii) the
average monthly salary obtained by dividing the total salary
of the firefighter during the 96 consecutive months of service
within the last 120 months of service in which the total salary
was the highest by the number of months of service in that
period.
Beginning on January 1, 2011, for all purposes under this
Code (including without limitation the calculation of benefits
and employee contributions), the annual salary based on the
plan year of a member or participant to whom this Section
applies shall not exceed $106,800; however, that amount shall
annually thereafter be increased by the lesser of (i) 3% of
that amount, including all previous adjustments, or (ii) the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, including all previous
adjustments.
Nothing in this amendatory Act of the 101st General

HB4336 - 873 - LRB103 35348 RLC 65412 b
Assembly shall cause or otherwise result in any retroactive
adjustment of any employee contributions.
(Source: P.A. 101-610, eff. 1-1-20.)
(40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
Sec. 4-109.1. Increase in pension.
(a) Except as provided in subsection (e), the monthly
pension of a firefighter who retires after July 1, 1971 and
prior to January 1, 1986, shall, upon either the first of the
month following the first anniversary of the date of
retirement if 60 years of age or over at retirement date, or
upon the first day of the month following attainment of age 60
if it occurs after the first anniversary of retirement, be
increased by 2% of the originally granted monthly pension and
by an additional 2% in each January thereafter. Effective
January 1976, the rate of the annual increase shall be 3% of
the originally granted monthly pension.
(b) The monthly pension of a firefighter who retired from
service with 20 or more years of service, on or before July 1,
1971, shall be increased, in January of the year following the
year of attaining age 65 or in January 1972, if then over age
65, by 2% of the originally granted monthly pension, for each
year the firefighter received pension payments. In each
January thereafter, he or she shall receive an additional
increase of 2% of the original monthly pension. Effective
January 1976, the rate of the annual increase shall be 3%.

HB4336 - 874 - LRB103 35348 RLC 65412 b
(c) The monthly pension of a firefighter who is receiving
a disability pension under this Article shall be increased, in
January of the year following the year the firefighter attains
age 60, or in January 1974, if then over age 60, by 2% of the
originally granted monthly pension for each year he or she
received pension payments. In each January thereafter, the
firefighter shall receive an additional increase of 2% of the
original monthly pension. Effective January 1976, the rate of
the annual increase shall be 3%.
(c-1) On January 1, 1998, every child's disability benefit
payable on that date under Section 4-110 or 4-110.1 shall be
increased by an amount equal to 1/12 of 3% of the amount of the
benefit, multiplied by the number of months for which the
benefit has been payable. On each January 1 thereafter, every
child's disability benefit payable under Section 4-110 or
4-110.1 shall be increased by 3% of the amount of the benefit
then being paid, including any previous increases received
under this Article. These increases are not subject to any
limitation on the maximum benefit amount included in Section
4-110 or 4-110.1.
(c-2) On July 1, 2004, every pension payable to or on
behalf of a minor or disabled surviving child that is payable
on that date under Section 4-114 shall be increased by an
amount equal to 1/12 of 3% of the amount of the pension,
multiplied by the number of months for which the benefit has
been payable. On July 1, 2005, July 1, 2006, July 1, 2007, and

HB4336 - 875 - LRB103 35348 RLC 65412 b
July 1, 2008, every pension payable to or on behalf of a minor
or disabled surviving child that is payable under Section
4-114 shall be increased by 3% of the amount of the pension
then being paid, including any previous increases received
under this Article. These increases are not subject to any
limitation on the maximum benefit amount included in Section
4-114.
(d) The monthly pension of a firefighter who retires after
January 1, 1986, shall, upon either the first of the month
following the first anniversary of the date of retirement if
55 years of age or over, or upon the first day of the month
following attainment of age 55 if it occurs after the first
anniversary of retirement, be increased by 1/12 of 3% of the
originally granted monthly pension for each full month that
has elapsed since the pension began, and by an additional 3% in
each January thereafter.
The changes made to this subsection (d) by this amendatory
Act of the 91st General Assembly apply to all initial
increases that become payable under this subsection on or
after January 1, 1999. All initial increases that became
payable under this subsection on or after January 1, 1999 and
before the effective date of this amendatory Act shall be
recalculated and the additional amount accruing for that
period, if any, shall be payable to the pensioner in a lump
sum.
(e) Notwithstanding the provisions of subsection (a), upon

HB4336 - 876 - LRB103 35348 RLC 65412 b
the first day of the month following (1) the first anniversary
of the date of retirement, or (2) the attainment of age 55, or
(3) July 1, 1987, whichever occurs latest, the monthly pension
of a firefighter who retired on or after January 1, 1977 and on
or before January 1, 1986 and did not receive an increase under
subsection (a) before July 1, 1987, shall be increased by 3% of
the originally granted monthly pension for each full year that
has elapsed since the pension began, and by an additional 3% in
each January thereafter. The increases provided under this
subsection are in lieu of the increases provided in subsection
(a).
(f) In July 2009, the monthly pension of a firefighter who
retired before July 1, 1977 shall be recalculated and
increased to reflect the amount that the firefighter would
have received in July 2009 had the firefighter been receiving
a 3% compounded increase for each year he or she received
pension payments after January 1, 1986, plus any increases in
pension received for each year prior to January 1, 1986. In
each January thereafter, he or she shall receive an additional
increase of 3% of the amount of the pension then being paid.
The changes made to this Section by this amendatory Act of the
96th General Assembly apply without regard to whether the
firefighter was in service on or after its effective date.
(g) Notwithstanding any other provision of this Article,
the monthly pension of a person who first becomes a
firefighter under this Article on or after January 1, 2011

HB4336 - 877 - LRB103 35348 RLC 65412 b
shall be increased on the January 1 occurring either on or
after the attainment of age 60 or the first anniversary of the
pension start date, whichever is later; except that, beginning
on the effective date of this amendatory Act of the 103rd
General Assembly, eligibility for and the amount of the
automatic increase in the monthly pension of such a person
shall be calculated as otherwise provided in this Section.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted pension. If the annual unadjusted
percentage change in the consumer price index-u for a 12-month
period ending in September is zero or, when compared with the
preceding period, decreases, then the pension shall not be
increased.
For the purposes of this subsection (g), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds.
(Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)

HB4336 - 878 - LRB103 35348 RLC 65412 b
(40 ILCS 5/4-114) (from Ch. 108 1/2, par. 4-114)
Sec. 4-114. Pension to survivors. If a firefighter who is
not receiving a disability pension under Section 4-110 or
4-110.1 dies (1) as a result of any illness or accident, or (2)
from any cause while in receipt of a disability pension under
this Article, or (3) during retirement after 20 years service,
or (4) while vested for or in receipt of a pension payable
under subsection (b) of Section 4-109, or (5) while a deferred
pensioner, having made all required contributions, a pension
shall be paid to his or her survivors, based on the monthly
salary attached to the firefighter's rank on the last day of
service in the fire department, as follows:
(a)(1) To the surviving spouse, a monthly pension of
40% of the monthly salary, and if there is a surviving
spouse, to the guardian of any minor child or children
including a child which has been conceived but not yet
born, 12% of such monthly salary for each such child until
attainment of age 18 or until the child's marriage,
whichever occurs first. Beginning July 1, 1993, the
monthly pension to the surviving spouse shall be 54% of
the monthly salary for all persons receiving a surviving
spouse pension under this Article, regardless of whether
the deceased firefighter was in service on or after the
effective date of this amendatory Act of 1993.
(2) Beginning July 1, 2004, unless the amount provided

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under paragraph (1) of this subsection (a) is greater, the
total monthly pension payable under this paragraph (a),
including any amount payable on account of children, to
the surviving spouse of a firefighter who died (i) while
receiving a retirement pension, (ii) while he or she was a
deferred pensioner with at least 20 years of creditable
service, or (iii) while he or she was in active service
having at least 20 years of creditable service, regardless
of age, shall be no less than 100% of the monthly
retirement pension earned by the deceased firefighter at
the time of death, regardless of whether death occurs
before or after attainment of age 50, including any
increases under Section 4-109.1. This minimum applies to
all such surviving spouses who are eligible to receive a
surviving spouse pension, regardless of whether the
deceased firefighter was in service on or after the
effective date of this amendatory Act of the 93rd General
Assembly, and notwithstanding any limitation on maximum
pension under paragraph (d) or any other provision of this
Article.
(3) If the pension paid on and after July 1, 2004 to
the surviving spouse of a firefighter who died on or after
July 1, 2004 and before the effective date of this
amendatory Act of the 93rd General Assembly was less than
the minimum pension payable under paragraph (1) or (2) of
this subsection (a), the fund shall pay a lump sum equal to

HB4336 - 880 - LRB103 35348 RLC 65412 b
the difference within 90 days after the effective date of
this amendatory Act of the 93rd General Assembly.
The pension to the surviving spouse shall terminate in
the event of the surviving spouse's remarriage prior to
July 1, 1993; remarriage on or after that date does not
affect the surviving spouse's pension, regardless of
whether the deceased firefighter was in service on or
after the effective date of this amendatory Act of 1993.
The surviving spouse's pension shall be subject to the
minimum established in Section 4-109.2.
(b) Upon the death of the surviving spouse leaving one
or more minor children, or upon the death of a firefighter
leaving one or more minor children but no surviving
spouse, to the duly appointed guardian of each such child,
for support and maintenance of each such child until the
child reaches age 18 or marries, whichever occurs first, a
monthly pension of 20% of the monthly salary.
In a case where the deceased firefighter left one or
more minor children but no surviving spouse and the
guardian of a child is receiving a pension of 12% of the
monthly salary on August 16, 2013 (the effective date of
Public Act 98-391), the pension is increased by Public Act
98-391 to 20% of the monthly salary for each such child,
beginning on the pension payment date occurring on or next
following August 16, 2013. The changes to this Section
made by Public Act 98-391 apply without regard to whether

HB4336 - 881 - LRB103 35348 RLC 65412 b
the deceased firefighter was in service on or after August
16, 2013.
(c) If a deceased firefighter leaves no surviving
spouse or unmarried minor children under age 18, but
leaves a dependent father or mother, to each dependent
parent a monthly pension of 18% of the monthly salary. To
qualify for the pension, a dependent parent must furnish
satisfactory proof that the deceased firefighter was at
the time of his or her death the sole supporter of the
parent or that the parent was the deceased's dependent for
federal income tax purposes.
(d) The total pension provided under paragraphs (a),
(b) and (c) of this Section shall not exceed 75% of the
monthly salary of the deceased firefighter (1) when paid
to the survivor of a firefighter who has attained 20 or
more years of service credit and who receives or is
eligible to receive a retirement pension under this
Article, or (2) when paid to the survivor of a firefighter
who dies as a result of illness or accident, or (3) when
paid to the survivor of a firefighter who dies from any
cause while in receipt of a disability pension under this
Article, or (4) when paid to the survivor of a deferred
pensioner. For all other survivors of deceased
firefighters, the total pension provided under paragraphs
(a), (b) and (c) of this Section shall not exceed 50% of
the retirement annuity the firefighter would have received

HB4336 - 882 - LRB103 35348 RLC 65412 b
on the date of death.
The maximum pension limitations in this paragraph (d)
do not control over any contrary provision of this Article
explicitly establishing a minimum amount of pension or
granting a one-time or annual increase in pension.
(e) If a firefighter leaves no eligible survivors
under paragraphs (a), (b) and (c), the board shall refund
to the firefighter's estate the amount of his or her
accumulated contributions, less the amount of pension
payments, if any, made to the firefighter while living.
(f) (Blank).
(g) If a judgment of dissolution of marriage between a
firefighter and spouse is judicially set aside subsequent
to the firefighter's death, the surviving spouse is
eligible for the pension provided in paragraph (a) only if
the judicial proceedings are filed within 2 years after
the date of the dissolution of marriage and within one
year after the firefighter's death and the board is made a
party to the proceedings. In such case the pension shall
be payable only from the date of the court's order setting
aside the judgment of dissolution of marriage.
(h) Benefits payable on account of a child under this
Section shall not be reduced or terminated by reason of
the child's attainment of age 18 if he or she is then
dependent by reason of a physical or mental disability but
shall continue to be paid as long as such dependency

HB4336 - 883 - LRB103 35348 RLC 65412 b
continues. Individuals over the age of 18 and adjudged as
a disabled person pursuant to Article XIa of the Probate
Act of 1975, except for persons receiving benefits under
Article III of the Illinois Public Aid Code, shall be
eligible to receive benefits under this Act.
(i) Beginning January 1, 2000, the pension of the
surviving spouse of a firefighter who dies on or after
January 1, 1994 as a result of sickness, accident, or
injury incurred in or resulting from the performance of an
act of duty or from the cumulative effects of acts of duty
shall not be less than 100% of the salary attached to the
rank held by the deceased firefighter on the last day of
service, notwithstanding subsection (d) or any other
provision of this Article.
(j) Beginning July 1, 2004, the pension of the
surviving spouse of a firefighter who dies on or after
January 1, 1988 as a result of sickness, accident, or
injury incurred in or resulting from the performance of an
act of duty or from the cumulative effects of acts of duty
shall not be less than 100% of the salary attached to the
rank held by the deceased firefighter on the last day of
service, notwithstanding subsection (d) or any other
provision of this Article.
Notwithstanding any other provision of this Article, if a
person who first becomes a firefighter under this Article on
or after January 1, 2011 and who is not receiving a disability

HB4336 - 884 - LRB103 35348 RLC 65412 b
pension under Section 4-110 or 4-110.1 dies (1) as a result of
any illness or accident, (2) from any cause while in receipt of
a disability pension under this Article, (3) during retirement
after 20 years service, (4) while vested for or in receipt of a
pension payable under subsection (b) of Section 4-109, or (5)
while a deferred pensioner, having made all required
contributions, then a pension shall be paid to his or her
survivors in an amount equal to the greater of (i) 54% of the
firefighter's monthly salary at the date of death, or (ii) 66
2/3% of the firefighter's earned pension at the date of death,
and, if there is a surviving spouse, 12% of such monthly salary
shall be granted to the guardian of any minor child or
children, including a child who has been conceived but not yet
born, for each such child until attainment of age 18. Upon the
death of the surviving spouse leaving one or more minor
children, or upon the death of a firefighter leaving one or
more minor children but no surviving spouse, a monthly pension
of 20% of the monthly salary shall be granted to the duly
appointed guardian of each such child for the support and
maintenance of each such child until the child reaches age 18.
The total pension provided under this paragraph shall not
exceed 75% of the monthly salary of the deceased firefighter
(1) when paid to the survivor of a firefighter who has attained
20 or more years of service credit and who receives or is
eligible to receive a retirement pension under this Article,
(2) when paid to the survivor of a firefighter who dies as a

HB4336 - 885 - LRB103 35348 RLC 65412 b
result of illness or accident, (3) when paid to the survivor of
a firefighter who dies from any cause while in receipt of a
disability pension under this Article, or (4) when paid to the
survivor of a deferred pensioner. Nothing in this Section
shall act to diminish the survivor's benefits described in
subsection (j) of this Section.
Notwithstanding Section 1-103.1, the changes made to this
subsection apply without regard to whether the deceased
firefighter was in service on or after the effective date of
this amendatory Act of the 101st General Assembly.
Notwithstanding any other provision of this Article, the
monthly pension of a survivor of a person who first becomes a
firefighter under this Article on or after January 1, 2011
shall be increased on the January 1 after attainment of age 60
by the recipient of the survivor's pension and each January 1
thereafter by 3% or one-half the annual unadjusted percentage
increase in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted survivor's pension; except
that, beginning on the effective date of this amendatory Act
of the 103rd General Assembly, eligibility for and the amount
of the automatic increase in the monthly pension of such a
survivor shall be calculated as otherwise provided in this
Section. If the annual unadjusted percentage change in the
consumer price index-u for a 12-month period ending in
September is zero or, when compared with the preceding period,

HB4336 - 886 - LRB103 35348 RLC 65412 b
decreases, then the survivor's pension shall not be increased.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the pension funds.
(Source: P.A. 101-610, eff. 1-1-20.)
(40 ILCS 5/4-118) (from Ch. 108 1/2, par. 4-118)
Sec. 4-118. Financing.
(a) The city council or the board of trustees of the
municipality shall annually levy a tax upon all the taxable
property of the municipality at the rate on the dollar which
will produce an amount which, when added to the deductions
from the salaries or wages of firefighters and revenues
available from other sources, will equal a sum sufficient to
meet the annual actuarial requirements of the pension fund, as
determined by an enrolled actuary employed by the Illinois
Department of Insurance or by an enrolled actuary retained by
the pension fund or municipality. For the purposes of this
Section, the annual actuarial requirements of the pension fund
are equal to (1) the normal cost of the pension fund, or 17.5%

HB4336 - 887 - LRB103 35348 RLC 65412 b
of the salaries and wages to be paid to firefighters for the
year involved, whichever is greater, plus (2) an annual amount
sufficient to bring the total assets of the pension fund up to
90% of the total actuarial liabilities of the pension fund by
the end of municipal fiscal year 2040, as annually updated and
determined by an enrolled actuary employed by the Illinois
Department of Insurance or by an enrolled actuary retained by
the pension fund or the municipality, minus (3) any
anticipated State contributions from the Local Government
Retirement Fund for the year involved. In making these
determinations, the required minimum employer contribution
shall be calculated each year as a level percentage of payroll
over the years remaining up to and including fiscal year 2040
and shall be determined under the projected unit credit
actuarial cost method. The amount to be applied towards the
amortization of the unfunded accrued liability in any year
shall not be less than the annual amount required to amortize
the unfunded accrued liability, including interest, as a level
percentage of payroll over the number of years remaining in
the 40-year amortization period.
(a-1) Beginning in State fiscal year 2025, the city
council or the board of trustees of the municipality shall
certify to the Governor the amount of (1) the normal cost of
the pension fund, or 17.5% of the salaries and wages to be paid
to firefighters for the year involved, whichever is greater,
plus (2) an annual amount sufficient to bring the total assets

HB4336 - 888 - LRB103 35348 RLC 65412 b
of the pension fund up to 90% of the total actuarial
liabilities of the pension fund by the end of municipal fiscal
year 2040, as annually updated and determined by an enrolled
actuary employed by the Department of Insurance or by an
enrolled actuary retained by the pension fund or the
municipality.
(a-2) A municipality that has established a pension fund
under this Article and that employs a full-time firefighter,
as defined in Section 4-106, shall be deemed a primary
employer with respect to that full-time firefighter. Any
municipality of 5,000 or more inhabitants that employs or
enrolls a firefighter while that firefighter continues to earn
service credit as a participant in a primary employer's
pension fund under this Article shall be deemed a secondary
employer and such employees shall be deemed to be secondary
employee firefighters. To ensure that the primary employer's
pension fund under this Article is aware of additional
liabilities and risks to which firefighters are exposed when
performing work as firefighters for secondary employers, a
secondary employer shall annually prepare a report accounting
for all hours worked by and wages and salaries paid to the
secondary employee firefighters it receives services from or
employs for each fiscal year in which such firefighters are
employed and transmit a certified copy of that report to the
primary employer's pension fund, the Department of Insurance,
and the secondary employee firefighter no later than 30 days

HB4336 - 889 - LRB103 35348 RLC 65412 b
after the end of any fiscal year in which wages were paid to
the secondary employee firefighters.
Nothing in this Section shall be construed to allow a
secondary employee to qualify for benefits or creditable
service for employment as a firefighter for a secondary
employer.
(a-5) For purposes of determining the required employer
contribution to a pension fund, the value of the pension
fund's assets shall be equal to the actuarial value of the
pension fund's assets, which shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of a
pension fund's assets shall be equal to the market value
of the assets as of that date.
(2) In determining the actuarial value of the pension
fund's assets for fiscal years after March 30, 2011, any
actuarial gains or losses from investment return incurred
in a fiscal year shall be recognized in equal annual
amounts over the 5-year period following that fiscal year.
(b) The tax shall be levied and collected in the same
manner as the general taxes of the municipality, and shall be
in addition to all other taxes now or hereafter authorized to
be levied upon all property within the municipality, and in
addition to the amount authorized to be levied for general
purposes, under Section 8-3-1 of the Illinois Municipal Code
or under Section 14 of the Fire Protection District Act. The
tax shall be forwarded directly to the treasurer of the board

HB4336 - 890 - LRB103 35348 RLC 65412 b
within 30 business days of receipt by the county (or, in the
case of amounts added to the tax levy under subsection (f),
used by the municipality to pay the employer contributions
required under subsection (b-1) of Section 15-155 of this
Code).
(b-5) If a participating municipality fails to transmit to
the fund contributions required of it under this Article for
more than 90 days after the payment of those contributions is
due, the fund may, after giving notice to the municipality,
certify to the State Comptroller the amounts of the delinquent
payments in accordance with any applicable rules of the
Comptroller, and the Comptroller must, beginning in fiscal
year 2016, deduct and remit to the fund the certified amounts
or a portion of those amounts from the following proportions
of payments of State funds to the municipality:
(1) in fiscal year 2016, one-third of the total amount
of any payments of State funds to the municipality;
(2) in fiscal year 2017, two-thirds of the total
amount of any payments of State funds to the municipality;
and
(3) in fiscal year 2018 and each fiscal year
thereafter, the total amount of any payments of State
funds to the municipality.
The State Comptroller may not deduct from any payments of
State funds to the municipality more than the amount of
delinquent payments certified to the State Comptroller by the

HB4336 - 891 - LRB103 35348 RLC 65412 b
fund.
(c) The board shall make available to the membership and
the general public for inspection and copying at reasonable
times the most recent Actuarial Valuation Balance Sheet and
Tax Levy Requirement issued to the fund by the Department of
Insurance.
(d) The firefighters' pension fund shall consist of the
following moneys which shall be set apart by the treasurer of
the municipality: (1) all moneys derived from the taxes levied
hereunder; (2) contributions by firefighters as provided under
Section 4-118.1; (2.5) all moneys received from the
Firefighters' Pension Investment Fund as provided in Article
22C of this Code; (3) all rewards in money, fees, gifts, and
emoluments that may be paid or given for or on account of
extraordinary service by the fire department or any member
thereof, except when allowed to be retained by competitive
awards; and (4) any money, real estate or personal property
received by the board.
(e) For the purposes of this Section, "enrolled actuary"
means an actuary: (1) who is a member of the Society of
Actuaries or the American Academy of Actuaries; and (2) who is
enrolled under Subtitle C of Title III of the Employee
Retirement Income Security Act of 1974, or who has been
engaged in providing actuarial services to one or more public
retirement systems for a period of at least 3 years as of July
1, 1983.

HB4336 - 892 - LRB103 35348 RLC 65412 b
(f) The corporate authorities of a municipality that
employs a person who is described in subdivision (d) of
Section 4-106 may add to the tax levy otherwise provided for in
this Section an amount equal to the projected cost of the
employer contributions required to be paid by the municipality
to the State Universities Retirement System under subsection
(b-1) of Section 15-155 of this Code.
(g) The Commission on Government Forecasting and
Accountability shall conduct a study of all funds established
under this Article and shall report its findings to the
General Assembly on or before January 1, 2013. To the fullest
extent possible, the study shall include, but not be limited
to, the following:
(1) fund balances;
(2) historical employer contribution rates for each
fund;
(3) the actuarial formulas used as a basis for
employer contributions, including the actual assumed rate
of return for each year, for each fund;
(4) available contribution funding sources;
(5) the impact of any revenue limitations caused by
PTELL and employer home rule or non-home rule status; and
(6) existing statutory funding compliance procedures
and funding enforcement mechanisms for all municipal
pension funds.
(Source: P.A. 101-522, eff. 8-23-19; 101-610, eff. 1-1-20;

HB4336 - 893 - LRB103 35348 RLC 65412 b
102-59, eff. 7-9-21; 102-558, eff. 8-20-21.)
(40 ILCS 5/4-138.15 new)
Sec. 4-138.15. Application of this amendatory Act of the
103rd General Assembly. It is the intent of this amendatory
Act of the 103rd General Assembly to provide to firefighters
who first became firefighters on or after January 1, 2011 the
same level of benefits and eligibility criteria for benefits
as those who first became firefighters before January 1, 2011.
The changes made to this Article by this amendatory Act of the
103rd General Assembly that provide benefit increases for
firefighters apply without regard to whether the firefighter
was in service on or after the effective date of this
amendatory Act of the 103rd General Assembly, notwithstanding
the provisions of Section 1-103.1. The benefit increases are
intended to apply prospectively and do not entitle a
firefighter to retroactive benefit payments or increases. The
changes made to this Article by this amendatory Act of the
103rd General Assembly shall not cause or otherwise result in
any retroactive adjustment of any employee contributions.
(40 ILCS 5/5-155) (from Ch. 108 1/2, par. 5-155)
Sec. 5-155. Ordinary disability benefit. A policeman less
than age 63 who becomes disabled after the effective date as
the result of any cause other than injury incurred in the
performance of an act of duty, shall receive ordinary

HB4336 - 894 - LRB103 35348 RLC 65412 b
disability benefit during any period or periods of disability
exceeding 30 days, for which he does not have a right to
receive any part of his salary. Payment of such benefit shall
not exceed, in the aggregate, throughout the total service of
the policeman, a period equal to one-fourth of the service
rendered to the city prior to the time he became disabled, nor
more than 5 years. In computing such period of service, the
time that the policeman received ordinary disability benefit
shall not be included.
When a disabled policeman becomes age 63 or would have
been retired by operation of law, whichever is later, the
disability benefit shall cease. The policeman, if still
disabled, shall thereafter receive such annuity as is provided
in accordance with other provisions of this Article.
Ordinary disability benefit shall be 50% of the
policeman's salary, as salary is defined in this Article
(including the limitation in Section 5-238 if applicable), at
the time disability occurs. Until September 1, 1969, before
any payment, an amount equal to the sum ordinarily deducted
from the policeman's salary for all annuity purposes for the
period for which payment of ordinary disability benefit is
made shall be deducted from such payment and credited as a
deduction from salary for such period. Beginning September 1,
1969, the city shall also contribute all amounts ordinarily
contributed by it for annuity purposes for the policeman as if
he were in active discharge of his duties. Such sums so

HB4336 - 895 - LRB103 35348 RLC 65412 b
credited shall be regarded, for annuity and refund purposes,
as sums contributed by the policeman.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-167.1) (from Ch. 108 1/2, par. 5-167.1)
Sec. 5-167.1. Automatic increase in annuity; retirement
from service after September 1, 1967.
(a) A policeman who retires from service after September
1, 1967 with at least 20 years of service credit shall, upon
either the first of the month following the first anniversary
of his date of retirement if he is age 60 (age 55 if born
before January 1, 1966) or over on that anniversary date, or
upon the first of the month following his attainment of age 60
(age 55 if born before January 1, 1966) if it occurs after the
first anniversary of his retirement date, have his then fixed
and payable monthly annuity increased by 1 1/2% and such first
fixed annuity as granted at retirement increased by an
additional 1 1/2% in January of each year thereafter up to a
maximum increase of 30%. Beginning January 1, 1983 for
policemen born before January 1, 1930, and beginning January
1, 1988 for policemen born on or after January 1, 1930 but
before January 1, 1940, and beginning January 1, 1996 for
policemen born on or after January 1, 1940 but before January
1, 1945, and beginning January 1, 2000 for policemen born on or
after January 1, 1945 but before January 1, 1950, and
beginning January 1, 2005 for policemen born on or after

HB4336 - 896 - LRB103 35348 RLC 65412 b
January 1, 1950 but before January 1, 1955, and beginning
January 1, 2017 for policemen born on or after January 1, 1955
but before January 1, 1966, such increases shall be 3% and such
policemen shall not be subject to the 30% maximum increase.
Any policeman born before January 1, 1945 who qualifies
for a minimum annuity and retires after September 1, 1967 but
has not received the initial increase under this subsection
before January 1, 1996 is entitled to receive the initial
increase under this subsection on (1) January 1, 1996, (2) the
first anniversary of the date of retirement, or (3) attainment
of age 55, whichever occurs last. The changes to this Section
made by Public Act 89-12 apply beginning January 1, 1996 and
without regard to whether the policeman or annuitant
terminated service before the effective date of that Act.
Any policeman born before January 1, 1950 who qualifies
for a minimum annuity and retires after September 1, 1967 but
has not received the initial increase under this subsection
before January 1, 2000 is entitled to receive the initial
increase under this subsection on (1) January 1, 2000, (2) the
first anniversary of the date of retirement, or (3) attainment
of age 55, whichever occurs last. The changes to this Section
made by this amendatory Act of the 92nd General Assembly apply
without regard to whether the policeman or annuitant
terminated service before the effective date of this
amendatory Act.
Any policeman born before January 1, 1955 who qualifies

HB4336 - 897 - LRB103 35348 RLC 65412 b
for a minimum annuity and retires after September 1, 1967 but
has not received the initial increase under this subsection
before January 1, 2005 is entitled to receive the initial
increase under this subsection on (1) January 1, 2005, (2) the
first anniversary of the date of retirement, or (3) attainment
of age 55, whichever occurs last. The changes to this Section
made by this amendatory Act of the 94th General Assembly apply
without regard to whether the policeman or annuitant
terminated service before the effective date of this
amendatory Act.
Any policeman born before January 1, 1966 who qualifies
for a minimum annuity and retires after September 1, 1967 but
has not received the initial increase under this subsection
before January 1, 2017 is entitled to receive an initial
increase under this subsection on (1) January 1, 2017, (2) the
first anniversary of the date of retirement, or (3) attainment
of age 55, whichever occurs last, in an amount equal to 3% for
each complete year following the date of retirement or
attainment of age 55, whichever occurs later. The changes to
this subsection made by this amendatory Act of the 99th
General Assembly apply without regard to whether the policeman
or annuitant terminated service before the effective date of
this amendatory Act.
(b) Subsection (a) of this Section is not applicable to an
employee receiving a term annuity.
(c) To help defray the cost of such increases in annuity,

HB4336 - 898 - LRB103 35348 RLC 65412 b
there shall be deducted, beginning September 1, 1967, from
each payment of salary to a policeman, 1/2 of 1% of each salary
payment concurrently with and in addition to the salary
deductions otherwise made for annuity purposes.
The city, in addition to the contributions otherwise made
by it for annuity purposes under other provisions of this
Article, shall make matching contributions concurrently with
such salary deductions.
Each such 1/2 of 1% deduction from salary and each such
contribution by the city of 1/2 of 1% of salary shall be
credited to the Automatic Increase Reserve, to be used to
defray the cost of the annuity increase provided by this
Section. Any balance in such reserve as of the beginning of
each calendar year shall be credited with interest at the rate
of 3% per annum.
Such deductions from salary and city contributions shall
continue while the policeman is in service.
The salary deductions provided in this Section are not
subject to refund, except to the policeman himself, in any
case in which: (i) the policeman withdraws prior to
qualification for minimum annuity or Tier 2 monthly retirement
annuity and applies for refund, (ii) the policeman applies for
an annuity of a type that is not subject to annual increases
under this Section, or (iii) a term annuity becomes payable.
In such cases, the total of such salary deductions shall be
refunded to the policeman, without interest, and charged to

HB4336 - 899 - LRB103 35348 RLC 65412 b
the Automatic Increase Reserve.
(d) Notwithstanding any other provision of this Article,
the Tier 2 monthly retirement annuity of a person who first
becomes a policeman under this Article on or after the
effective date of this amendatory Act of the 97th General
Assembly shall be increased on the January 1 occurring either
on or after (i) the attainment of age 60 or (ii) the first
anniversary of the annuity start date, whichever is later;
except that, beginning on the effective date of this
amendatory Act of the 103rd General Assembly, eligibility for
and the amount of the automatic increase in the monthly
pension of such a person shall be calculated as otherwise
provided in this Section. Each annual increase shall be
calculated at 3% or one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, whichever is less, of the originally granted
retirement annuity. If the annual unadjusted percentage change
in the consumer price index-u for a 12-month period ending in
September is zero or, when compared with the preceding period,
decreases, then the annuity shall not be increased.
For the purposes of this subsection (d), "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,

HB4336 - 900 - LRB103 35348 RLC 65412 b
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds by November 1 of each year.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-168) (from Ch. 108 1/2, par. 5-168)
Sec. 5-168. Financing.
(a) Except as expressly provided in this Section, the city
shall levy a tax annually upon all taxable property therein
for the purpose of providing revenue for the fund.
The tax shall be at a rate that will produce a sum which,
when added to the amounts deducted from the policemen's
salaries and the amounts deposited in accordance with
subsection (g), is sufficient for the purposes of the fund.
For the years 1968 and 1969, the city council shall levy a
tax annually at a rate on the dollar of the assessed valuation
of all taxable property that will produce, when extended, not
to exceed $9,700,000. Beginning with the year 1970 and through
2014, the city council shall levy a tax annually at a rate on
the dollar of the assessed valuation of all taxable property
that will produce when extended an amount not to exceed the
total amount of contributions by the policemen to the Fund
made in the calendar year 2 years before the year for which the
applicable annual tax is levied, multiplied by 1.40 for the
tax levy year 1970; by 1.50 for the year 1971; by 1.65 for

HB4336 - 901 - LRB103 35348 RLC 65412 b
1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for 1975
through 1981; by 2.00 for 1982 and for each tax levy year
through 2014. Beginning in tax levy year 2015, the city
council shall levy a tax annually at a rate on the dollar of
the assessed valuation of all taxable property that will
produce when extended an annual amount that is equal to no less
than the amount of the city's contribution in each of the
following payment years: for 2016, $420,000,000; for 2017,
$464,000,000; for 2018, $500,000,000; for 2019, $557,000,000;
for 2020, $579,000,000.
Beginning in tax levy year 2020 and until levy year 2025,
the city council shall levy a tax annually at a rate on the
dollar of the assessed valuation of all taxable property that
will produce when extended an annual amount that is equal to no
less than (1) the normal cost to the Fund, plus (2) an annual
amount sufficient to bring the total assets of the Fund up to
90% of the total actuarial liabilities of the Fund by the end
of fiscal year 2055, as annually updated and determined by an
enrolled actuary employed by the Illinois Department of
Insurance or by an enrolled actuary retained by the Fund.
Beginning in tax levy year 2025, the city council shall levy a
tax annually at a rate on the dollar of the assessed valuation
of all taxable property that will produce when extended an
annual amount that is equal to no less than (1) the normal cost
to the Fund, plus (2) an annual amount sufficient to bring the
total assets of the Fund up to 90% of the total actuarial

HB4336 - 902 - LRB103 35348 RLC 65412 b
liabilities of the Fund by the end of fiscal year 2055, as
annually updated and determined by an enrolled actuary
employed by the Department of Insurance or by an enrolled
actuary retained by the Fund, minus (3) the amount of the
anticipated State contribution from the Local Government
Retirement Fund for the payment year. In making these
determinations, the required minimum employer contribution
shall be calculated each year as a level percentage of payroll
over the years remaining up to and including fiscal year 2055
and shall be determined under the entry age normal actuarial
cost method.
Beginning in payment year 2056, the city's total required
contribution in that year and each year thereafter shall be an
annual amount that is equal to no less than (1) the normal cost
of the Fund, plus (2) the annual amount determined by an
enrolled actuary employed by the Illinois Department of
Insurance or by an enrolled actuary retained by the Fund to be
equal to the amount, if any, needed to bring the total
actuarial assets of the Fund up to 90% of the total actuarial
liabilities of the Fund as of the end of the year, utilizing
the entry age normal cost method as provided above.
For the purposes of this subsection (a), contributions by
the policeman to the Fund shall not include payments made by a
policeman to establish credit under Section 5-214.2 of this
Code.
(a-1) Beginning in State fiscal year 2025, the city

HB4336 - 903 - LRB103 35348 RLC 65412 b
council shall annually certify to the Governor the amount of
(1) the normal cost to the Fund, plus (2) an annual amount
sufficient to bring the total assets of the Fund up to 90% of
the total actuarial liabilities of the Fund by the end of
fiscal year 2055, as annually updated and determined by an
enrolled actuary employed by the Department of Insurance or by
an enrolled actuary retained by the Fund.
(a-5) For purposes of determining the required employer
contribution to the Fund, the value of the Fund's assets shall
be equal to the actuarial value of the Fund's assets, which
shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of the
Fund's assets shall be equal to the market value of the
assets as of that date.
(2) In determining the actuarial value of the Fund's
assets for fiscal years after March 30, 2011, any
actuarial gains or losses from investment return incurred
in a fiscal year shall be recognized in equal annual
amounts over the 5-year period following that fiscal year.
(a-7) If the city fails to transmit to the Fund
contributions required of it under this Article for more than
90 days after the payment of those contributions is due, the
Fund shall, after giving notice to the city, certify to the
State Comptroller the amounts of the delinquent payments, and
the Comptroller must, beginning in fiscal year 2016, deduct
and deposit into the Fund the certified amounts or a portion of

HB4336 - 904 - LRB103 35348 RLC 65412 b
those amounts from the following proportions of grants of
State funds to the city:
(1) in fiscal year 2016, one-third of the total amount
of any grants of State funds to the city;
(2) in fiscal year 2017, two-thirds of the total
amount of any grants of State funds to the city; and
(3) in fiscal year 2018 and each fiscal year
thereafter, the total amount of any grants of State funds
to the city.
The State Comptroller may not deduct from any grants of
State funds to the city more than the amount of delinquent
payments certified to the State Comptroller by the Fund.
(b) The tax shall be levied and collected in like manner
with the general taxes of the city, and is in addition to all
other taxes which the city is now or may hereafter be
authorized to levy upon all taxable property therein, and is
exclusive of and in addition to the amount of tax the city is
now or may hereafter be authorized to levy for general
purposes under any law which may limit the amount of tax which
the city may levy for general purposes. The county clerk of the
county in which the city is located, in reducing tax levies
under Section 8-3-1 of the Illinois Municipal Code, shall not
consider the tax herein authorized as a part of the general tax
levy for city purposes, and shall not include the tax in any
limitation of the percent of the assessed valuation upon which
taxes are required to be extended for the city.

HB4336 - 905 - LRB103 35348 RLC 65412 b
(c) On or before January 10 of each year, the board shall
notify the city council of the requirement that the tax herein
authorized be levied by the city council for that current
year. The board shall compute the amounts necessary for the
purposes of this fund to be credited to the reserves
established and maintained within the fund; shall make an
annual determination of the amount of the required city
contributions; and shall certify the results thereof to the
city council.
As soon as any revenue derived from the tax is collected it
shall be paid to the city treasurer of the city and shall be
held by him for the benefit of the fund in accordance with this
Article.
(d) If the funds available are insufficient during any
year to meet the requirements of this Article, the city may
issue tax anticipation warrants against the tax levy for the
current fiscal year.
(e) The various sums, including interest, to be
contributed by the city, shall be taken from the revenue
derived from such tax or otherwise as expressly provided in
this Section. Any moneys of the city derived from any source
other than the tax herein authorized shall not be used for any
purpose of the fund nor the cost of administration thereof,
unless applied to make the deposit expressly authorized in
this Section or the additional city contributions required
under subsection (h).

HB4336 - 906 - LRB103 35348 RLC 65412 b
(f) If it is not possible or practicable for the city to
make its contributions at the time that salary deductions are
made, the city shall make such contributions as soon as
possible thereafter, with interest thereon to the time it is
made.
(g) In lieu of levying all or a portion of the tax required
under this Section in any year, the city may deposit with the
city treasurer no later than March 1 of that year for the
benefit of the fund, to be held in accordance with this
Article, an amount that, together with the taxes levied under
this Section for that year, is not less than the amount of the
city contributions for that year as certified by the board to
the city council. The deposit may be derived from any source
legally available for that purpose, including, but not limited
to, the proceeds of city borrowings and State contributions.
The making of a deposit shall satisfy fully the requirements
of this Section for that year to the extent of the amounts so
deposited. Amounts deposited under this subsection may be used
by the fund for any of the purposes for which the proceeds of
the tax levied under this Section may be used, including the
payment of any amount that is otherwise required by this
Article to be paid from the proceeds of that tax.
(h) In addition to the contributions required under the
other provisions of this Article, by November 1 of the
following specified years, the city shall deposit with the
city treasurer for the benefit of the fund, to be held and used

HB4336 - 907 - LRB103 35348 RLC 65412 b
in accordance with this Article, the following specified
amounts: $6,300,000 in 1999; $5,880,000 in 2000; $5,460,000 in
2001; $5,040,000 in 2002; and $4,620,000 in 2003.
The additional city contributions required under this
subsection are intended to decrease the unfunded liability of
the fund and shall not decrease the amount of the city
contributions required under the other provisions of this
Article. The additional city contributions made under this
subsection may be used by the fund for any of its lawful
purposes.
(i) Any proceeds received by the city in relation to the
operation of a casino or casinos within the city shall be
expended by the city for payment to the Policemen's Annuity
and Benefit Fund of Chicago to satisfy the city contribution
obligation in any year.
(Source: P.A. 99-506, eff. 5-30-16.)
(40 ILCS 5/5-169) (from Ch. 108 1/2, par. 5-169)
Sec. 5-169. Contributions for age and service annuities or
Tier 2 monthly retirement annuities for present employees and
future entrants.
(a) Beginning on the effective date and before January 1,
1954, 3 1/2% per annum (except that beginning July 1, 1939 and
before January 1, 1954 for a future entrant, 4%) and beginning
January 1, 1954 and before August 1, 1957, 6%, and beginning
August 1, 1957, 7% of each payment of the salary of each

HB4336 - 908 - LRB103 35348 RLC 65412 b
present employee and future entrant shall be deducted and
contributed to the fund for age and service annuity or Tier 2
monthly retirement annuity. The deductions shall be made from
each payment of salary and shall continue while the employee
is in service.
Any policeman whose employment has been transferred to the
police service of the city as a result of the Chicago Park and
City Exchange of Functions Act "An Act in relation to or
exchange of certain functions, property and personnel among
cities, and park districts having co-extensive geographic
areas and populations in excess of 500,000", approved July 5,
1957, as now and hereafter amended, shall also contribute a
sum equal to 2% of the total salary received by him in his
employment between August 1, 1957 to July 17, 1959, with the
park district from which he has been transferred together with
interest on the unpaid contributions of 4% per annum from July
17, 1959 to the date such payments are made. Such additional
sum may be paid at any time before the time such policeman
enters into age and service annuity.
Concurrently with each such deduction, beginning on the
effective date and prior to January 1, 1954, 8 1/2% (except for
a future entrant beginning on July 1, 1939, 9 5/7%) and
beginning January 1, 1954, 9 5/7% of each payment of salary
shall be contributed by the city, but in the case of a future
entrant who attains age 63 prior to January 1, 1988 while still
in service, no contributions shall be made for the period

HB4336 - 909 - LRB103 35348 RLC 65412 b
between the date the employee attains age 63 and January 1,
1988.
(b) Each deduction from salary made prior to the date the
age and service annuity for the employee is fixed, and each
contribution by the city, shall be credited to the employee
and be improved by interest for a present employee during the
time he is in service until age and service annuity is fixed,
and, for a future entrant, during the time he is in service.
The sum accumulated shall be used to provide age and service
annuity for the employee.
Beginning September 1, 1967, the deductions from salary
provided in Section 5-167.1 shall also be made.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/5-239 new)
Sec. 5-239. Application of this amendatory Act of the
103rd General Assembly. It is the intent of this amendatory
Act of the 103rd General Assembly to provide to policemen who
first became policemen on or after January 1, 2011 the same
level of benefits and eligibility criteria for benefits as
those who first became policemen before January 1, 2011. The
changes made to this Article by this amendatory Act of the
103rd General Assembly that provide benefit increases for
policemen apply without regard to whether the policeman was in
service on or after the effective date of this amendatory Act
of the 103rd General Assembly, notwithstanding the provisions

HB4336 - 910 - LRB103 35348 RLC 65412 b
of Section 1-103.1. The benefit increases are intended to
apply prospectively and do not entitle a policeman to
retroactive benefit payments or increases. The changes made to
this Article by this amendatory Act of the 103rd General
Assembly shall not cause or otherwise result in any
retroactive adjustment of any employee contributions.
(40 ILCS 5/6-165) (from Ch. 108 1/2, par. 6-165)
Sec. 6-165. Financing; tax.
(a) Except as expressly provided in this Section, each
city shall levy a tax annually upon all taxable property
therein for the purpose of providing revenue for the fund. For
the years prior to the year 1960, the tax rate shall be as
provided for in the "Firemen's Annuity and Benefit Fund of the
Illinois Municipal Code". The tax, from and after January 1,
1968 to and including the year 1971, shall not exceed .0863% of
the value, as equalized or assessed by the Department of
Revenue, of all taxable property in the city. Beginning with
the year 1972 and through 2014, the city shall levy a tax
annually at a rate on the dollar of the value, as equalized or
assessed by the Department of Revenue of all taxable property
within such city that will produce, when extended, not to
exceed an amount equal to the total amount of contributions by
the employees to the fund made in the calendar year 2 years
prior to the year for which the annual applicable tax is
levied, multiplied by 2.23 through the calendar year 1981, and

HB4336 - 911 - LRB103 35348 RLC 65412 b
by 2.26 for the year 1982 and for each tax levy year through
2014. Beginning in tax levy year 2015, the city council shall
levy a tax annually at a rate on the dollar of the assessed
valuation of all taxable property that will produce when
extended an annual amount that is equal to no less than the
amount of the city's contribution in each of the following
payment years: for 2016, $199,000,000; for 2017, $208,000,000;
for 2018, $227,000,000; for 2019, $235,000,000; for 2020,
$245,000,000.
Beginning in tax levy year 2020 and until tax levy year
2025, the city council shall levy a tax annually at a rate on
the dollar of the assessed valuation of all taxable property
that will produce when extended an annual amount that is equal
to no less than (1) the normal cost to the Fund, plus (2) an
annual amount sufficient to bring the total assets of the Fund
up to 90% of the total actuarial liabilities of the Fund by the
end of fiscal year 2055, as annually updated and determined by
an enrolled actuary employed by the Illinois Department of
Insurance or by an enrolled actuary retained by the Fund or the
city. Beginning in tax levy year 2025, the city council shall
levy a tax annually at a rate on the dollar of the assessed
valuation of all taxable property that will produce when
extended an annual amount that is equal to no less than (1) the
normal cost to the Fund, plus (2) an annual amount sufficient
to bring the total assets of the Fund up to 90% of the total
actuarial liabilities of the Fund by the end of fiscal year

HB4336 - 912 - LRB103 35348 RLC 65412 b
2055, as annually updated and determined by an enrolled
actuary employed by the Department of Insurance or by an
enrolled actuary retained by the Fund or the city, minus (3)
the amount of the anticipated State contribution from the
Local Government Retirement Fund for the payment year. In
making these determinations, the required minimum employer
contribution shall be calculated each year as a level
percentage of payroll over the years remaining up to and
including fiscal year 2055 and shall be determined under the
entry age normal actuarial cost method. Beginning in payment
year 2056, the city's required contribution in that year and
for each year thereafter shall be an annual amount that is
equal to no less than (1) the normal cost to the Fund, plus (2)
the annual amount determined by an enrolled actuary employed
by the Illinois Department of Insurance or by an enrolled
actuary retained by the Fund to be equal to the amount, if any,
needed to bring the total actuarial assets of the Fund up to
90% of the total actuarial liabilities of the Fund as of the
end of the year, utilizing the entry age normal actuarial cost
method as provided above.
To provide revenue for the ordinary death benefit
established by Section 6-150 of this Article, in addition to
the contributions by the firemen for this purpose, the city
council shall for the year 1962 and each year thereafter
annually levy a tax, which shall be in addition to and
exclusive of the taxes authorized to be levied under the

HB4336 - 913 - LRB103 35348 RLC 65412 b
foregoing provisions of this Section, upon all taxable
property in the city, as equalized or assessed by the
Department of Revenue, at such rate per cent of the value of
such property as shall be sufficient to produce for each year
the sum of $142,000.
The amounts produced by the taxes levied annually,
together with the deposit expressly authorized in this Section
and any State contributions, shall be sufficient, when added
to the amounts deducted from the salaries of firemen and
applied to the fund, to provide for the purposes of the fund.
(a-1) Beginning in State fiscal year 2025, the city
council shall annually certify to the Governor the amount of
(1) the normal cost to the Fund, plus (2) an annual amount
sufficient to bring the total assets of the Fund up to 90% of
the total actuarial liabilities of the Fund by the end of
fiscal year 2055, as annually updated and determined by an
enrolled actuary employed by the Department of Insurance or by
an enrolled actuary retained by the Fund.
(a-5) For purposes of determining the required employer
contribution to the Fund, the value of the Fund's assets shall
be equal to the actuarial value of the Fund's assets, which
shall be calculated as follows:
(1) On March 30, 2011, the actuarial value of the
Fund's assets shall be equal to the market value of the
assets as of that date.
(2) In determining the actuarial value of the Fund's

HB4336 - 914 - LRB103 35348 RLC 65412 b
assets for fiscal years after March 30, 2011, any
actuarial gains or losses from investment return incurred
in a fiscal year shall be recognized in equal annual
amounts over the 5-year period following that fiscal year.
(a-7) If the city fails to transmit to the Fund
contributions required of it under this Article for more than
90 days after the payment of those contributions is due, the
Fund shall, after giving notice to the city, certify to the
State Comptroller the amounts of the delinquent payments, and
the Comptroller must, beginning in fiscal year 2016, deduct
and deposit into the Fund the certified amounts or a portion of
those amounts from the following proportions of grants of
State funds to the city:
(1) in fiscal year 2016, one-third of the total amount
of any grants of State funds to the city;
(2) in fiscal year 2017, two-thirds of the total
amount of any grants of State funds to the city; and
(3) in fiscal year 2018 and each fiscal year
thereafter, the total amount of any grants of State funds
to the city.
The State Comptroller may not deduct from any grants of
State funds to the city more than the amount of delinquent
payments certified to the State Comptroller by the Fund.
(b) The taxes shall be levied and collected in like manner
with the general taxes of the city, and shall be in addition to
all other taxes which the city may levy upon all taxable

HB4336 - 915 - LRB103 35348 RLC 65412 b
property therein and shall be exclusive of and in addition to
the amount of tax the city may levy for general purposes under
Section 8-3-1 of the Illinois Municipal Code, approved May 29,
1961, as amended, or under any other law or laws which may
limit the amount of tax which the city may levy for general
purposes.
(c) The amounts of the taxes to be levied in each year
shall be certified to the city council by the board.
(d) As soon as any revenue derived from such taxes is
collected, it shall be paid to the city treasurer and held for
the benefit of the fund, and all such revenue shall be paid
into the fund in accordance with the provisions of this
Article.
(e) If the funds available are insufficient during any
year to meet the requirements of this Article, the city may
issue tax anticipation warrants, against the tax levies herein
authorized for the current fiscal year.
(f) The various sums, hereinafter stated, including
interest, to be contributed by the city, shall be taken from
the revenue derived from the taxes or otherwise as expressly
provided in this Section. Except for defraying the cost of
administration of the fund during the calendar year in which a
city first attains a population of 500,000 and comes under the
provisions of this Article and the first calendar year
thereafter, any money of the city derived from any source
other than these taxes or the sale of tax anticipation

HB4336 - 916 - LRB103 35348 RLC 65412 b
warrants shall not be used to provide revenue for the fund, nor
to pay any part of the cost of administration thereof, unless
applied to make the deposit expressly authorized in this
Section or the additional city contributions required under
subsection (h).
(g) In lieu of levying all or a portion of the tax required
under this Section in any year, the city may deposit with the
city treasurer no later than March 1 of that year for the
benefit of the fund, to be held in accordance with this
Article, an amount that, together with the taxes levied under
this Section for that year, is not less than the amount of the
city contributions for that year as certified by the board to
the city council. The deposit may be derived from any source
legally available for that purpose, including, but not limited
to, the proceeds of city borrowings and State contributions.
The making of a deposit shall satisfy fully the requirements
of this Section for that year to the extent of the amounts so
deposited. Amounts deposited under this subsection may be used
by the fund for any of the purposes for which the proceeds of
the taxes levied under this Section may be used, including the
payment of any amount that is otherwise required by this
Article to be paid from the proceeds of those taxes.
(h) In addition to the contributions required under the
other provisions of this Article, by November 1 of the
following specified years, the city shall deposit with the
city treasurer for the benefit of the fund, to be held and used

HB4336 - 917 - LRB103 35348 RLC 65412 b
in accordance with this Article, the following specified
amounts: $6,300,000 in 1999; $5,880,000 in 2000; $5,460,000 in
2001; $5,040,000 in 2002; and $4,620,000 in 2003.
The additional city contributions required under this
subsection are intended to decrease the unfunded liability of
the fund and shall not decrease the amount of the city
contributions required under the other provisions of this
Article. The additional city contributions made under this
subsection may be used by the fund for any of its lawful
purposes.
(i) Any proceeds received by the city in relation to the
operation of a casino or casinos within the city shall be
expended by the city for payment to the Firemen's Annuity and
Benefit Fund of Chicago to satisfy the city contribution
obligation in any year.
(Source: P.A. 99-506, eff. 5-30-16.)
(40 ILCS 5/6-210) (from Ch. 108 1/2, par. 6-210)
Sec. 6-210. Credit allowed for service in police
department. Service rendered by a fireman, as a regularly
appointed and sworn policeman of the city shall be included,
for the purposes of this Article, as if such service were
rendered as a fireman of the city. Salary received by a fireman
for any such service as a policeman shall be considered, for
the purposes of this Article, as salary received as a fireman.
Any annuity payable to a fireman under this Article shall be

HB4336 - 918 - LRB103 35348 RLC 65412 b
reduced by any pension or annuity payable to him from any
policemen's annuity and benefit fund in operation in the city,
and any member entering service after January 1, 2011 shall
not be given service credit in this fund for any period of time
in which the member is in receipt of retirement benefits from
any annuity and benefit fund in operation in the city.
Any policeman who becomes a fireman, subsequent to July 1,
1935, may contribute to the fund an amount equal to the sum
which would have accumulated to his credit from deductions
from salary for annuity purposes if he had been contributing
to the fund such sums as he contributed for annuity purposes to
the policemen's annuity and benefit fund, and no credit for
periods of service rendered by him in the police department
shall be allowed, under this Article, except as to such
periods for which he made contributions to the policemen's
annuity and benefit fund, provided he has made the payments
required by this Article.
(Source: P.A. 96-1466, eff. 8-20-10.)
(40 ILCS 5/6-231 new)
Sec. 6-231. Application of this amendatory Act of the
103rd General Assembly. It is the intent of this amendatory
Act of the 103rd General Assembly to provide to firemen who
first became firemen on or after January 1, 2011 the same level
of benefits and eligibility criteria for benefits as those who
first became firemen before January 1, 2011. The changes made

HB4336 - 919 - LRB103 35348 RLC 65412 b
to this Article by this amendatory Act of the 103rd General
Assembly that provide benefit increases for firemen apply
without regard to whether the fireman was in service on or
after the effective date of this amendatory Act of the 103rd
General Assembly, notwithstanding the provisions of Section
1-103.1. The benefit increases are intended to apply
prospectively and do not entitle a fireman to retroactive
benefit payments or increases. The changes made to this
Article by this amendatory Act of the 103rd General Assembly
shall not cause or otherwise result in any retroactive
adjustment of any employee contributions.
(40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
Sec. 7-142.1. Sheriff's law enforcement employees.
(a) In lieu of the retirement annuity provided by
subparagraph 1 of paragraph (a) of Section 7-142:
Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service
prior to January 1, 1988 shall be entitled at his option to
receive a monthly retirement annuity for his service as a
sheriff's law enforcement employee computed by multiplying 2%
for each year of such service up to 10 years, 2 1/4% for each
year of such service above 10 years and up to 20 years, and 2
1/2% for each year of such service above 20 years, by his
annual final rate of earnings and dividing by 12.
Any sheriff's law enforcement employee who has 20 or more

HB4336 - 920 - LRB103 35348 RLC 65412 b
years of service in that capacity and who terminates service
on or after January 1, 1988 and before July 1, 2004 shall be
entitled at his option to receive a monthly retirement annuity
for his service as a sheriff's law enforcement employee
computed by multiplying 2.5% for each year of such service up
to 20 years, 2% for each year of such service above 20 years
and up to 30 years, and 1% for each year of such service above
30 years, by his annual final rate of earnings and dividing by
12.
Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service
on or after July 1, 2004 shall be entitled at his or her option
to receive a monthly retirement annuity for service as a
sheriff's law enforcement employee computed by multiplying
2.5% for each year of such service by his annual final rate of
earnings and dividing by 12.
If a sheriff's law enforcement employee has service in any
other capacity, his retirement annuity for service as a
sheriff's law enforcement employee may be computed under this
Section and the retirement annuity for his other service under
Section 7-142.
In no case shall the total monthly retirement annuity for
persons who retire before July 1, 2004 exceed 75% of the
monthly final rate of earnings. In no case shall the total
monthly retirement annuity for persons who retire on or after
July 1, 2004 exceed 80% of the monthly final rate of earnings.

HB4336 - 921 - LRB103 35348 RLC 65412 b
(b) Whenever continued group insurance coverage is elected
in accordance with the provisions of Section 367h of the
Illinois Insurance Code, as now or hereafter amended, the
total monthly premium for such continued group insurance
coverage or such portion thereof as is not paid by the
municipality shall, upon request of the person electing such
continued group insurance coverage, be deducted from any
monthly pension benefit otherwise payable to such person
pursuant to this Section, to be remitted by the Fund to the
insurance company or other entity providing the group
insurance coverage.
(c) A sheriff's law enforcement employee who began service
in that capacity prior to the effective date of this
amendatory Act of the 97th General Assembly and who has
service in any other capacity may convert up to 10 years of
that service into service as a sheriff's law enforcement
employee by paying to the Fund an amount equal to (1) the
additional employee contribution required under Section
7-173.1, plus (2) the additional employer contribution
required under Section 7-172, plus (3) interest on items (1)
and (2) at the prescribed rate from the date of the service to
the date of payment. Application must be received by the Board
while the employee is an active participant in the Fund.
Payment must be received while the member is an active
participant, except that one payment will be permitted after
termination of participation.

HB4336 - 922 - LRB103 35348 RLC 65412 b
(d) The changes to subsections (a) and (b) of this Section
made by this amendatory Act of the 94th General Assembly apply
only to persons in service on or after July 1, 2004. In the
case of such a person who begins to receive a retirement
annuity before the effective date of this amendatory Act of
the 94th General Assembly, the annuity shall be recalculated
prospectively to reflect those changes, with the resulting
increase beginning to accrue on the first annuity payment date
following the effective date of this amendatory Act.
(e) Any elected county officer who was entitled to receive
a stipend from the State on or after July 1, 2009 and on or
before June 30, 2010 may establish earnings credit for the
amount of stipend not received, if the elected county official
applies in writing to the fund within 6 months after the
effective date of this amendatory Act of the 96th General
Assembly and pays to the fund an amount equal to (i) employee
contributions on the amount of stipend not received, (ii)
employer contributions determined by the Board equal to the
employer's normal cost of the benefit on the amount of stipend
not received, plus (iii) interest on items (i) and (ii) at the
actuarially assumed rate.
(f) It is the intent of this amendatory Act of the 103rd
General Assembly to provide to sheriff's law enforcement
employees who first became sheriff's law enforcement employees
on or after January 1, 2011 the same level of benefits and
eligibility criteria for benefits as those who first became

HB4336 - 923 - LRB103 35348 RLC 65412 b
sheriff's law enforcement employees before January 1, 2011.
The changes made to this Article by this amendatory Act of the
103rd General Assembly that provide benefit increases for
sheriff's law enforcement employees apply without regard to
whether the sheriff's law enforcement employee was in service
on or after the effective date of this amendatory Act of the
103rd General Assembly, notwithstanding the provisions of
Section 1-103.1. The benefit increases are intended to apply
prospectively and do not entitle a sheriff's law enforcement
employee to retroactive benefit payments or increases. The
changes made to this Article by this amendatory Act of the
103rd General Assembly shall not cause or otherwise result in
any retroactive adjustment of any employee contributions.
(f) Notwithstanding any other provision of this Article,
the provisions of this subsection (f) apply to a person who
first becomes a sheriff's law enforcement employee under this
Article on or after January 1, 2011.
A sheriff's law enforcement employee age 55 or more who
has 10 or more years of service in that capacity shall be
entitled at his option to receive a monthly retirement annuity
for his or her service as a sheriff's law enforcement employee
computed by multiplying 2.5% for each year of such service by
his or her final rate of earnings.
The retirement annuity of a sheriff's law enforcement
employee who is retiring after attaining age 50 with 10 or more
years of creditable service shall be reduced by one-half of 1%

HB4336 - 924 - LRB103 35348 RLC 65412 b
for each month that the sheriff's law enforcement employee's
age is under age 55.
The maximum retirement annuity under this subsection (f)
shall be 75% of final rate of earnings.
For the purposes of this subsection (f), "final rate of
earnings" means the average monthly earnings obtained by
dividing the total salary of the sheriff's law enforcement
employee during the 96 consecutive months of service within
the last 120 months of service in which the total earnings was
the highest by the number of months of service in that period.
Notwithstanding any other provision of this Article,
beginning on January 1, 2011, for all purposes under this Code
(including without limitation the calculation of benefits and
employee contributions), the annual earnings of a sheriff's
law enforcement employee to whom this Section applies shall
not include overtime and shall not exceed $106,800; however,
that amount shall annually thereafter be increased by the
lesser of (i) 3% of that amount, including all previous
adjustments, or (ii) one-half the annual unadjusted percentage
increase (but not less than zero) in the consumer price
index-u for the 12 months ending with the September preceding
each November 1, including all previous adjustments.
(g) Notwithstanding any other provision of this Article,
the monthly annuity of a person who first becomes a sheriff's
law enforcement employee under this Article on or after
January 1, 2011 shall be increased on the January 1 occurring

HB4336 - 925 - LRB103 35348 RLC 65412 b
either on or after the attainment of age 60 or the first
anniversary of the annuity start date, whichever is later.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
a 12-month period ending in September is zero or, when
compared with the preceding period, decreases, then the
annuity shall not be increased.
(h) Notwithstanding any other provision of this Article,
for a person who first becomes a sheriff's law enforcement
employee under this Article on or after January 1, 2011, the
annuity to which the surviving spouse, children, or parents
are entitled under this subsection (h) shall be in the amount
of 66 2/3% of the sheriff's law enforcement employee's earned
annuity at the date of death.
(i) Notwithstanding any other provision of this Article,
the monthly annuity of a survivor of a person who first becomes
a sheriff's law enforcement employee under this Article on or
after January 1, 2011 shall be increased on the January 1 after
attainment of age 60 by the recipient of the survivor's
annuity and each January 1 thereafter by 3% or one-half the
annual unadjusted percentage increase in the consumer price
index-u for the 12 months ending with the September preceding

HB4336 - 926 - LRB103 35348 RLC 65412 b
each November 1, whichever is less, of the originally granted
pension. If the annual unadjusted percentage change in the
consumer price index-u for a 12-month period ending in
September is zero or, when compared with the preceding period,
decreases, then the annuity shall not be increased.
(j) For the purposes of this Section, "consumer price
index-u" means the index published by the Bureau of Labor
Statistics of the United States Department of Labor that
measures the average change in prices of goods and services
purchased by all urban consumers, United States city average,
all items, 1982-84 = 100. The new amount resulting from each
annual adjustment shall be determined by the Public Pension
Division of the Department of Insurance and made available to
the boards of the pension funds.
(Source: P.A. 100-148, eff. 8-18-17.)
(40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
Sec. 7-171. Finance; taxes.
(a) Each municipality other than a school district shall
appropriate an amount sufficient to provide for the current
municipality contributions required by Section 7-172 of this
Article, for the fiscal year for which the appropriation is
made and all amounts due for municipal contributions for
previous years. Those municipalities which have been assessed
an annual amount to amortize its unfunded obligation, as
provided in subparagraph 4 of paragraph (a) of Section 7-172

HB4336 - 927 - LRB103 35348 RLC 65412 b
of this Article, shall include in the appropriation an amount
sufficient to pay the amount assessed. The appropriation shall
be based upon an estimate of assets available for municipality
contributions and liabilities therefor for the fiscal year for
which appropriations are to be made, including funds available
from levies for this purpose in prior years.
(b) For the purpose of providing monies for municipality
contributions, beginning for the year in which a municipality
is included in this fund:
(1) A municipality other than a school district may
levy a tax which shall not exceed the amount appropriated
for municipality contributions minus the amount of the
anticipated State contribution from the Local Government
Retirement Fund to the municipality for that year.
(2) A school district may levy a tax in an amount
reasonably calculated at the time of the levy to provide
for the municipality contributions required under Section
7-172 of this Article for the fiscal years for which
revenues from the levy will be received and all amounts
due for municipal contributions for previous years. Any
levy adopted before the effective date of this amendatory
Act of 1995 by a school district shall be considered valid
and authorized to the extent that the amount was
reasonably calculated at the time of the levy to provide
for the municipality contributions required under Section
7-172 for the fiscal years for which revenues from the

HB4336 - 928 - LRB103 35348 RLC 65412 b
levy will be received and all amounts due for municipal
contributions for previous years. In no event shall a
budget adopted by a school district limit a levy of that
school district adopted under this Section.
(c) Any county which is served by a regional office of
education that serves 2 or more counties may include in its
appropriation an amount sufficient to provide its
proportionate share of the municipality contributions for that
regional office of education. The tax levy authorized by this
Section may include an amount necessary to provide monies for
this contribution.
(d) Any county that is a part of a multiple-county health
department or consolidated health department which is formed
under "An Act in relation to the establishment and maintenance
of county and multiple-county public health departments",
approved July 9, 1943, as amended, and which is a
participating instrumentality may include in the county's
appropriation an amount sufficient to provide its
proportionate share of municipality contributions of the
department. The tax levy authorized by this Section may
include the amount necessary to provide monies for this
contribution.
(d-5) A school district participating in a special
education joint agreement created under Section 10-22.31 of
the School Code that is a participating instrumentality may
include in the school district's tax levy under this Section

HB4336 - 929 - LRB103 35348 RLC 65412 b
an amount sufficient to provide its proportionate share of the
municipality contributions for current and prior service by
employees of the participating instrumentality created under
the joint agreement.
(e) Such tax shall be levied and collected in like manner,
with the general taxes of the municipality and shall be in
addition to all other taxes which the municipality is now or
may hereafter be authorized to levy upon all taxable property
therein, and shall be exclusive of and in addition to the
amount of tax levied for general purposes under Section 8-3-1
of the "Illinois Municipal Code", approved May 29, 1961, as
amended, or under any other law or laws which may limit the
amount of tax which the municipality may levy for general
purposes. The tax may be levied by the governing body of the
municipality without being authorized as being additional to
all other taxes by a vote of the people of the municipality.
(f) The county clerk of the county in which any such
municipality is located, in reducing tax levies shall not
consider any such tax as a part of the general tax levy for
municipality purposes, and shall not include the same in the
limitation of any other tax rate which may be extended.
(g) The amount of the tax to be levied in any year shall,
within the limits herein prescribed, be determined by the
governing body of the respective municipality.
(h) The revenue derived from any such tax levy shall be
used only for the contributions required under Section 7-172

HB4336 - 930 - LRB103 35348 RLC 65412 b
and, as collected, shall be paid to the treasurer of the
municipality levying the tax. Monies received by a county
treasurer for use in making contributions to a regional office
of education for its municipality contributions shall be held
by him for that purpose and paid to the regional office of
education in the same manner as other monies appropriated for
the expense of the regional office.
(Source: P.A. 96-1084, eff. 7-16-10; 97-933, eff. 8-10-12.)
(40 ILCS 5/7-172) (from Ch. 108 1/2, par. 7-172)
Sec. 7-172. Contributions by participating municipalities
and participating instrumentalities.
(a) Each participating municipality and each participating
instrumentality shall make payment to the fund as follows:
1. municipality contributions in an amount determined
by applying the municipality contribution rate to each
payment of earnings paid to each of its participating
employees;
2. an amount equal to the employee contributions
provided by paragraph (a) of Section 7-173, whether or not
the employee contributions are withheld as permitted by
that Section;
3. all accounts receivable, together with interest
charged thereon, as provided in Section 7-209, and any
amounts due under subsection (a-5) of Section 7-144;
4. if it has no participating employees with current

HB4336 - 931 - LRB103 35348 RLC 65412 b
earnings, an amount payable which, over a closed period of
20 years for participating municipalities and 10 years for
participating instrumentalities, will amortize, at the
effective rate for that year, any unfunded obligation. The
unfunded obligation shall be computed as provided in
paragraph 2 of subsection (b);
5. if it has fewer than 7 participating employees or a
negative balance in its municipality reserve, the greater
of (A) an amount payable that, over a period of 20 years,
will amortize at the effective rate for that year any
unfunded obligation, computed as provided in paragraph 2
of subsection (b) or (B) the amount required by paragraph
1 of this subsection (a).
(b) A separate municipality contribution rate shall be
determined for each calendar year for all participating
municipalities together with all instrumentalities thereof.
The municipality contribution rate shall be determined for
participating instrumentalities as if they were participating
municipalities. The municipality contribution rate shall be
the sum of the following percentages:
1. The percentage of earnings of all the participating
employees of all participating municipalities and
participating instrumentalities which, if paid over the
entire period of their service, will be sufficient when
combined with all employee contributions available for the
payment of benefits, to provide all annuities for

HB4336 - 932 - LRB103 35348 RLC 65412 b
participating employees, and the $3,000 death benefit
payable under Sections 7-158 and 7-164, such percentage to
be known as the normal cost rate.
2. The percentage of earnings of the participating
employees of each participating municipality and
participating instrumentalities necessary to adjust for
the difference between the present value of all benefits,
excluding temporary and total and permanent disability and
death benefits, to be provided for its participating
employees and the sum of its accumulated municipality
contributions and the accumulated employee contributions
and the present value of expected future employee and
municipality contributions pursuant to subparagraph 1 of
this paragraph (b). This adjustment shall be spread over a
period determined by the Board, not to exceed 30 years for
participating municipalities or 10 years for participating
instrumentalities.
3. The percentage of earnings of the participating
employees of all municipalities and participating
instrumentalities necessary to provide the present value
of all temporary and total and permanent disability
benefits granted during the most recent year for which
information is available.
4. The percentage of earnings of the participating
employees of all participating municipalities and
participating instrumentalities necessary to provide the

HB4336 - 933 - LRB103 35348 RLC 65412 b
present value of the net single sum death benefits
expected to become payable from the reserve established
under Section 7-206 during the year for which this rate is
fixed.
5. The percentage of earnings necessary to meet any
deficiency arising in the Terminated Municipality Reserve.
(c) A separate municipality contribution rate shall be
computed for each participating municipality or participating
instrumentality for its sheriff's law enforcement employees.
A separate municipality contribution rate shall be
computed for the sheriff's law enforcement employees of each
forest preserve district that elects to have such employees.
For the period from January 1, 1986 to December 31, 1986, such
rate shall be the forest preserve district's regular rate plus
2%.
Beginning in fiscal year 2025, the Board shall annually
certify to the Governor the amount of each participant
municipality's and participating instrumentality's
contribution for its sheriff's law enforcement employees.
In the event that the Board determines that there is an
actuarial deficiency in the account of any municipality with
respect to a person who has elected to participate in the Fund
under Section 3-109.1 of this Code, the Board may adjust the
municipality's contribution rate so as to make up that
deficiency over such reasonable period of time as the Board
may determine.

HB4336 - 934 - LRB103 35348 RLC 65412 b
(d) The Board may establish a separate municipality
contribution rate for all employees who are program
participants employed under the federal Comprehensive
Employment Training Act by all of the participating
municipalities and instrumentalities. The Board may also
provide that, in lieu of a separate municipality rate for
these employees, a portion of the municipality contributions
for such program participants shall be refunded or an extra
charge assessed so that the amount of municipality
contributions retained or received by the fund for all CETA
program participants shall be an amount equal to that which
would be provided by the separate municipality contribution
rate for all such program participants. Refunds shall be made
to prime sponsors of programs upon submission of a claim
therefor and extra charges shall be assessed to participating
municipalities and instrumentalities. In establishing the
municipality contribution rate as provided in paragraph (b) of
this Section, the use of a separate municipality contribution
rate for program participants or the refund of a portion of the
municipality contributions, as the case may be, may be
considered.
(e) Computations of municipality contribution rates for
the following calendar year shall be made prior to the
beginning of each year, from the information available at the
time the computations are made, and on the assumption that the
employees in each participating municipality or participating

HB4336 - 935 - LRB103 35348 RLC 65412 b
instrumentality at such time will continue in service until
the end of such calendar year at their respective rates of
earnings at such time.
(f) Any municipality which is the recipient of State
allocations representing that municipality's contributions for
retirement annuity purposes on behalf of its employees as
provided in Section 12-21.16 of the Illinois Public Aid Code
shall pay the allocations so received to the Board for such
purpose. Estimates of State allocations to be received during
any taxable year shall be considered in the determination of
the municipality's tax rate for that year under Section 7-171.
If a special tax is levied under Section 7-171, none of the
proceeds may be used to reimburse the municipality for the
amount of State allocations received and paid to the Board.
Any multiple-county or consolidated health department which
receives contributions from a county under Section 11.2 of "An
Act in relation to establishment and maintenance of county and
multiple-county health departments", approved July 9, 1943, as
amended, or distributions under Section 3 of the Department of
Public Health Act, shall use these only for municipality
contributions by the health department.
(g) Municipality contributions for the several purposes
specified shall, for township treasurers and employees in the
offices of the township treasurers who meet the qualifying
conditions for coverage hereunder, be allocated among the
several school districts and parts of school districts

HB4336 - 936 - LRB103 35348 RLC 65412 b
serviced by such treasurers and employees in the proportion
which the amount of school funds of each district or part of a
district handled by the treasurer bears to the total amount of
all school funds handled by the treasurer.
From the funds subject to allocation among districts and
parts of districts pursuant to the School Code, the trustees
shall withhold the proportionate share of the liability for
municipality contributions imposed upon such districts by this
Section, in respect to such township treasurers and employees
and remit the same to the Board.
The municipality contribution rate for an educational
service center shall initially be the same rate for each year
as the regional office of education or school district which
serves as its administrative agent. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
The municipality contribution rate for a public agency,
other than a vocational education cooperative, formed under
the Intergovernmental Cooperation Act shall initially be the
average rate for the municipalities which are parties to the
intergovernmental agreement. When actuarial data become
available, a separate rate shall be established as provided in
subparagraph (i) of this Section.
(h) Each participating municipality and participating
instrumentality shall make the contributions in the amounts
provided in this Section in the manner prescribed from time to

HB4336 - 937 - LRB103 35348 RLC 65412 b
time by the Board and all such contributions shall be
obligations of the respective participating municipalities and
participating instrumentalities to this fund. The failure to
deduct any employee contributions shall not relieve the
participating municipality or participating instrumentality of
its obligation to this fund. Delinquent payments of
contributions due under this Section may, with interest, be
recovered by civil action against the participating
municipalities or participating instrumentalities.
Municipality contributions, other than the amount necessary
for employee contributions, for periods of service by
employees from whose earnings no deductions were made for
employee contributions to the fund, may be charged to the
municipality reserve for the municipality or participating
instrumentality.
(i) Contributions by participating instrumentalities shall
be determined as provided herein except that the percentage
derived under subparagraph 2 of paragraph (b) of this Section,
and the amount payable under subparagraph 4 of paragraph (a)
of this Section, shall be based on an amortization period of 10
years.
(j) Notwithstanding the other provisions of this Section,
the additional unfunded liability accruing as a result of
Public Act 94-712 shall be amortized over a period of 30 years
beginning on January 1 of the second calendar year following
the calendar year in which Public Act 94-712 takes effect,

HB4336 - 938 - LRB103 35348 RLC 65412 b
except that the employer may provide for a longer amortization
period by adopting a resolution or ordinance specifying a
35-year or 40-year period and submitting a certified copy of
the ordinance or resolution to the fund no later than June 1 of
the calendar year following the calendar year in which Public
Act 94-712 takes effect.
(k) If the amount of a participating employee's reported
earnings for any of the 12-month periods used to determine the
final rate of earnings exceeds the employee's 12-month
reported earnings with the same employer for the previous year
by the greater of 6% or 1.5 times the annual increase in the
Consumer Price Index-U, as established by the United States
Department of Labor for the preceding September, the
participating municipality or participating instrumentality
that paid those earnings shall pay to the Fund, in addition to
any other contributions required under this Article, the
present value of the increase in the pension resulting from
the portion of the increase in reported earnings that is in
excess of the greater of 6% or 1.5 times the annual increase in
the Consumer Price Index-U, as determined by the Fund. This
present value shall be computed on the basis of the actuarial
assumptions and tables used in the most recent actuarial
valuation of the Fund that is available at the time of the
computation.
Whenever it determines that a payment is or may be
required under this subsection (k), the fund shall calculate

HB4336 - 939 - LRB103 35348 RLC 65412 b
the amount of the payment and bill the participating
municipality or participating instrumentality for that amount.
The bill shall specify the calculations used to determine the
amount due. If the participating municipality or participating
instrumentality disputes the amount of the bill, it may,
within 30 days after receipt of the bill, apply to the fund in
writing for a recalculation. The application must specify in
detail the grounds of the dispute. Upon receiving a timely
application for recalculation, the fund shall review the
application and, if appropriate, recalculate the amount due.
The participating municipality and participating
instrumentality contributions required under this subsection
(k) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the participating municipality and
participating instrumentality contributions are not paid
within 90 days after receipt of the bill, then interest will be
charged at a rate equal to the fund's annual actuarially
assumed rate of return on investment compounded annually from
the 91st day after receipt of the bill. Payments must be
concluded within 3 years after receipt of the bill by the
participating municipality or participating instrumentality.
When assessing payment for any amount due under this
subsection (k), the fund shall exclude earnings increases
resulting from overload or overtime earnings.
When assessing payment for any amount due under this
subsection (k), the fund shall exclude earnings increases

HB4336 - 940 - LRB103 35348 RLC 65412 b
resulting from payments for unused vacation time, but only for
payments for unused vacation time made in the final 3 months of
the final rate of earnings period.
When assessing payment for any amount due under this
subsection (k), the fund shall also exclude earnings increases
attributable to standard employment promotions resulting in
increased responsibility and workload.
When assessing payment for any amount due under this
subsection (k), the fund shall exclude reportable earnings
increases resulting from periods where the member was paid
through workers' compensation.
This subsection (k) does not apply to earnings increases
due to amounts paid as required by federal or State law or
court mandate or to earnings increases due to the
participating employee returning to the regular number of
hours worked after having a temporary reduction in the number
of hours worked.
This subsection (k) does not apply to earnings increases
paid to individuals under contracts or collective bargaining
agreements entered into, amended, or renewed before January 1,
2012 (the effective date of Public Act 97-609), earnings
increases paid to members who are 10 years or more from
retirement eligibility, or earnings increases resulting from
an increase in the number of hours required to be worked.
When assessing payment for any amount due under this
subsection (k), the fund shall also exclude earnings

HB4336 - 941 - LRB103 35348 RLC 65412 b
attributable to personnel policies adopted before January 1,
2012 (the effective date of Public Act 97-609) as long as those
policies are not applicable to employees who begin service on
or after January 1, 2012 (the effective date of Public Act
97-609).
The change made to this Section by Public Act 100-139 is a
clarification of existing law and is intended to be
retroactive to January 1, 2012 (the effective date of Public
Act 97-609).
(Source: P.A. 102-849, eff. 5-13-22; 103-464, eff. 8-4-23.)
(40 ILCS 5/14-152.1)
Sec. 14-152.1. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
96-37, Public Act 100-23, Public Act 100-587, Public Act
100-611, Public Act 101-10, Public Act 101-610, Public Act
102-210, Public Act 102-856, Public Act 102-956, or this
amendatory Act of the 103rd General Assembly this amendatory

HB4336 - 942 - LRB103 35348 RLC 65412 b
Act of the 102nd General Assembly.
(b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by
a Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.

HB4336 - 943 - LRB103 35348 RLC 65412 b
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
1-1-23; 102-956, eff. 5-27-22.)
(40 ILCS 5/15-108.1)
Sec. 15-108.1. Tier 1 member. "Tier 1 member": A
participant or an annuitant of a retirement annuity under this
Article, other than a participant in the self-managed plan
under Section 15-158.2, who first became a participant or
member before January 1, 2011 under any reciprocal retirement

HB4336 - 944 - LRB103 35348 RLC 65412 b
system or pension fund established under this Code, other than
a retirement system or pension fund established under Articles
2, 3, 4, 5, 6, or 18 of this Code. "Tier 1 member" includes a
participant or an annuitant who is a police officer or
firefighter regardless of when the participant or annuitant
first became a participant or member of a reciprocal
retirement system or pension fund established under this Code,
other than a retirement system or pension fund established
under Articles 2, 3, 4, 5, 6, or 18 of this Code. "Tier 1
member" includes a person who first became a participant under
this System before January 1, 2011 and who accepts a refund and
is subsequently reemployed by an employer on or after January
1, 2011.
(Source: P.A. 98-92, eff. 7-16-13.)
(40 ILCS 5/15-108.2)
Sec. 15-108.2. Tier 2 member. "Tier 2 member": A person
who first becomes a participant under this Article on or after
January 1, 2011 and before the implementation date, as defined
under subsection (a) of Section 1-161, determined by the
Board, other than a person in the self-managed plan
established under Section 15-158.2 or a person who makes the
election under subsection (c) of Section 1-161, unless the
person is otherwise a Tier 1 member. The changes made to this
Section by this amendatory Act of the 98th General Assembly
are a correction of existing law and are intended to be

HB4336 - 945 - LRB103 35348 RLC 65412 b
retroactive to the effective date of Public Act 96-889,
notwithstanding the provisions of Section 1-103.1 of this
Code. "Tier 2 member" does not include a participant or an
annuitant who is a police officer or firefighter regardless of
when the participant or annuitant first became a participant
or member of a reciprocal retirement system or pension fund
established under this Code.
(Source: P.A. 100-23, eff. 7-6-17; 100-563, eff. 12-8-17.)
(40 ILCS 5/15-135) (from Ch. 108 1/2, par. 15-135)
Sec. 15-135. Retirement annuities; conditions.
(a) This subsection (a) applies only to a Tier 1 member. A
participant who retires in one of the following specified
years with the specified amount of service is entitled to a
retirement annuity at any age under the retirement program
applicable to the participant:
35 years if retirement is in 1997 or before;
34 years if retirement is in 1998;
33 years if retirement is in 1999;
32 years if retirement is in 2000;
31 years if retirement is in 2001;
30 years if retirement is in 2002 or later.
A participant with 8 or more years of service after
September 1, 1941, is entitled to a retirement annuity on or
after attainment of age 55.
A participant with at least 5 but less than 8 years of

HB4336 - 946 - LRB103 35348 RLC 65412 b
service after September 1, 1941, is entitled to a retirement
annuity on or after attainment of age 62.
A participant who has at least 25 years of service in this
system as a police officer or firefighter is entitled to a
retirement annuity on or after the attainment of age 50, if
Rule 4 of Section 15-136 is applicable to the participant.
(a-5) A Tier 2 member is entitled to a retirement annuity
upon written application if he or she has attained age 67 and
has at least 10 years of service credit and is otherwise
eligible under the requirements of this Article. A Tier 2
member who has attained age 62 and has at least 10 years of
service credit and is otherwise eligible under the
requirements of this Article may elect to receive the lower
retirement annuity provided in subsection (b-5) of Section
15-136 of this Article.
(a-10) (Blank). A Tier 2 member who has at least 20 years
of service in this system as a police officer or firefighter is
entitled to a retirement annuity upon written application on
or after the attainment of age 60 if Rule 4 of Section 15-136
is applicable to the participant. The changes made to this
subsection by this amendatory Act of the 101st General
Assembly apply retroactively to January 1, 2011.
(b) The annuity payment period shall begin on the date
specified by the participant or the recipient of a disability
retirement annuity submitting a written application. For a
participant, the date on which the annuity payment period

HB4336 - 947 - LRB103 35348 RLC 65412 b
begins shall not be prior to termination of employment or more
than one year before the application is received by the board;
however, if the participant is not an employee of an employer
participating in this System or in a participating system as
defined in Article 20 of this Code on April 1 of the calendar
year next following the calendar year in which the participant
attains the age specified under Section 401(a)(9) of the
Internal Revenue Code of 1986, as amended, the annuity payment
period shall begin on that date regardless of whether an
application has been filed. For a recipient of a disability
retirement annuity, the date on which the annuity payment
period begins shall not be prior to the discontinuation of the
disability retirement annuity under Section 15-153.2.
(c) An annuity is not payable if the amount provided under
Section 15-136 is less than $10 per month.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
(40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
Sec. 15-136. Retirement annuities; amount - Amount. The
provisions of this Section 15-136 apply only to those
participants who are participating in the traditional benefit
package or the portable benefit package and do not apply to
participants who are participating in the self-managed plan.
(a) The amount of a participant's retirement annuity,
expressed in the form of a single-life annuity, shall be
determined by whichever of the following rules is applicable

HB4336 - 948 - LRB103 35348 RLC 65412 b
and provides the largest annuity:
Rule 1: The retirement annuity shall be 1.67% of final
rate of earnings for each of the first 10 years of service,
1.90% for each of the next 10 years of service, 2.10% for each
year of service in excess of 20 but not exceeding 30, and 2.30%
for each year in excess of 30; or for persons who retire on or
after January 1, 1998, 2.2% of the final rate of earnings for
each year of service.
Rule 2: The retirement annuity shall be the sum of the
following, determined from amounts credited to the participant
in accordance with the actuarial tables and the effective rate
of interest in effect at the time the retirement annuity
begins:
(i) the normal annuity which can be provided on an
actuarially equivalent basis, by the accumulated normal
contributions as of the date the annuity begins;
(ii) an annuity from employer contributions of an
amount equal to that which can be provided on an
actuarially equivalent basis from the accumulated normal
contributions made by the participant under Section
15-113.6 and Section 15-113.7 plus 1.4 times all other
accumulated normal contributions made by the participant;
and
(iii) the annuity that can be provided on an
actuarially equivalent basis from the entire contribution
made by the participant under Section 15-113.3.

HB4336 - 949 - LRB103 35348 RLC 65412 b
With respect to a police officer or firefighter who
retires on or after August 14, 1998, the accumulated normal
contributions taken into account under clauses (i) and (ii) of
this Rule 2 shall include the additional normal contributions
made by the police officer or firefighter under Section
15-157(a).
The amount of a retirement annuity calculated under this
Rule 2 shall be computed solely on the basis of the
participant's accumulated normal contributions, as specified
in this Rule and defined in Section 15-116. Neither an
employee or employer contribution for early retirement under
Section 15-136.2 nor any other employer contribution shall be
used in the calculation of the amount of a retirement annuity
under this Rule 2.
This amendatory Act of the 91st General Assembly is a
clarification of existing law and applies to every participant
and annuitant without regard to whether status as an employee
terminates before the effective date of this amendatory Act.
This Rule 2 does not apply to a person who first becomes an
employee under this Article on or after July 1, 2005.
Rule 3: The retirement annuity of a participant who is
employed at least one-half time during the period on which his
or her final rate of earnings is based, shall be equal to the
participant's years of service not to exceed 30, multiplied by
(1) $96 if the participant's final rate of earnings is less
than $3,500, (2) $108 if the final rate of earnings is at least

HB4336 - 950 - LRB103 35348 RLC 65412 b
$3,500 but less than $4,500, (3) $120 if the final rate of
earnings is at least $4,500 but less than $5,500, (4) $132 if
the final rate of earnings is at least $5,500 but less than
$6,500, (5) $144 if the final rate of earnings is at least
$6,500 but less than $7,500, (6) $156 if the final rate of
earnings is at least $7,500 but less than $8,500, (7) $168 if
the final rate of earnings is at least $8,500 but less than
$9,500, and (8) $180 if the final rate of earnings is $9,500 or
more, except that the annuity for those persons having made an
election under Section 15-154(a-1) shall be calculated and
payable under the portable retirement benefit program pursuant
to the provisions of Section 15-136.4.
Rule 4: A participant who is at least age 50 and has 25 or
more years of service as a police officer or firefighter, and a
participant who is age 55 or over and has at least 20 but less
than 25 years of service as a police officer or firefighter,
shall be entitled to a retirement annuity of 2 1/4% of the
final rate of earnings for each of the first 10 years of
service as a police officer or firefighter, 2 1/2% for each of
the next 10 years of service as a police officer or
firefighter, and 2 3/4% for each year of service as a police
officer or firefighter in excess of 20. The retirement annuity
for all other service shall be computed under Rule 1. A Tier 2
member is eligible for a retirement annuity calculated under
Rule 4 only if that Tier 2 member meets the service
requirements for that benefit calculation as prescribed under

HB4336 - 951 - LRB103 35348 RLC 65412 b
this Rule 4 in addition to the applicable age requirement
under subsection (a-10) of Section 15-135.
For purposes of this Rule 4, a participant's service as a
firefighter shall also include the following:
(i) service that is performed while the person is an
employee under subsection (h) of Section 15-107; and
(ii) in the case of an individual who was a
participating employee employed in the fire department of
the University of Illinois's Champaign-Urbana campus
immediately prior to the elimination of that fire
department and who immediately after the elimination of
that fire department transferred to another job with the
University of Illinois, service performed as an employee
of the University of Illinois in a position other than
police officer or firefighter, from the date of that
transfer until the employee's next termination of service
with the University of Illinois.
(b) For a Tier 1 member, the retirement annuity provided
under Rules 1 and 3 above shall be reduced by 1/2 of 1% for
each month the participant is under age 60 at the time of
retirement. However, this reduction shall not apply in the
following cases:
(1) For a disabled participant whose disability
benefits have been discontinued because he or she has
exhausted eligibility for disability benefits under clause
(6) of Section 15-152;

HB4336 - 952 - LRB103 35348 RLC 65412 b
(2) For a participant who has at least the number of
years of service required to retire at any age under
subsection (a) of Section 15-135; or
(3) For that portion of a retirement annuity which has
been provided on account of service of the participant
during periods when he or she performed the duties of a
police officer or firefighter, if these duties were
performed for at least 5 years immediately preceding the
date the retirement annuity is to begin.
(b-5) The retirement annuity of a Tier 2 member who is
retiring under Rule 1 or 3 after attaining age 62 with at least
10 years of service credit shall be reduced by 1/2 of 1% for
each full month that the member's age is under age 67.
(c) The maximum retirement annuity provided under Rules 1,
2, 4, and 5 shall be the lesser of (1) the annual limit of
benefits as specified in Section 415 of the Internal Revenue
Code of 1986, as such Section may be amended from time to time
and as such benefit limits shall be adjusted by the
Commissioner of Internal Revenue, and (2) 80% of final rate of
earnings.
(d) A Tier 1 member whose status as an employee terminates
after August 14, 1969 shall receive automatic increases in his
or her retirement annuity as follows:
Effective January 1 immediately following the date the
retirement annuity begins, the annuitant shall receive an
increase in his or her monthly retirement annuity of 0.125% of

HB4336 - 953 - LRB103 35348 RLC 65412 b
the monthly retirement annuity provided under Rule 1, Rule 2,
Rule 3, or Rule 4 contained in this Section, multiplied by the
number of full months which elapsed from the date the
retirement annuity payments began to January 1, 1972, plus
0.1667% of such annuity, multiplied by the number of full
months which elapsed from January 1, 1972, or the date the
retirement annuity payments began, whichever is later, to
January 1, 1978, plus 0.25% of such annuity multiplied by the
number of full months which elapsed from January 1, 1978, or
the date the retirement annuity payments began, whichever is
later, to the effective date of the increase.
The annuitant shall receive an increase in his or her
monthly retirement annuity on each January 1 thereafter during
the annuitant's life of 3% of the monthly annuity provided
under Rule 1, Rule 2, Rule 3, or Rule 4 contained in this
Section. The change made under this subsection by P.A. 81-970
is effective January 1, 1980 and applies to each annuitant
whose status as an employee terminates before or after that
date.
Beginning January 1, 1990, all automatic annual increases
payable under this Section shall be calculated as a percentage
of the total annuity payable at the time of the increase,
including all increases previously granted under this Article.
The change made in this subsection by P.A. 85-1008 is
effective January 26, 1988, and is applicable without regard
to whether status as an employee terminated before that date.

HB4336 - 954 - LRB103 35348 RLC 65412 b
(d-5) A retirement annuity of a Tier 2 member shall
receive annual increases on the January 1 occurring either on
or after the attainment of age 67 or the first anniversary of
the annuity start date, whichever is later. Each annual
increase shall be calculated at 3% or one half the annual
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each
November 1 is zero or there is a decrease, then the annuity
shall not be increased.
(e) If, on January 1, 1987, or the date the retirement
annuity payment period begins, whichever is later, the sum of
the retirement annuity provided under Rule 1 or Rule 2 of this
Section and the automatic annual increases provided under the
preceding subsection or Section 15-136.1, amounts to less than
the retirement annuity which would be provided by Rule 3, the
retirement annuity shall be increased as of January 1, 1987,
or the date the retirement annuity payment period begins,
whichever is later, to the amount which would be provided by
Rule 3 of this Section. Such increased amount shall be
considered as the retirement annuity in determining benefits
provided under other Sections of this Article. This paragraph
applies without regard to whether status as an employee

HB4336 - 955 - LRB103 35348 RLC 65412 b
terminated before the effective date of this amendatory Act of
1987, provided that the annuitant was employed at least
one-half time during the period on which the final rate of
earnings was based.
(f) A participant is entitled to such additional annuity
as may be provided on an actuarially equivalent basis, by any
accumulated additional contributions to his or her credit.
However, the additional contributions made by the participant
toward the automatic increases in annuity provided under this
Section shall not be taken into account in determining the
amount of such additional annuity.
(g) If, (1) by law, a function of a governmental unit, as
defined by Section 20-107 of this Code, is transferred in
whole or in part to an employer, and (2) a participant
transfers employment from such governmental unit to such
employer within 6 months after the transfer of the function,
and (3) the sum of (A) the annuity payable to the participant
under Rule 1, 2, or 3 of this Section (B) all proportional
annuities payable to the participant by all other retirement
systems covered by Article 20, and (C) the initial primary
insurance amount to which the participant is entitled under
the Social Security Act, is less than the retirement annuity
which would have been payable if all of the participant's
pension credits validated under Section 20-109 had been
validated under this system, a supplemental annuity equal to
the difference in such amounts shall be payable to the

HB4336 - 956 - LRB103 35348 RLC 65412 b
participant.
(h) On January 1, 1981, an annuitant who was receiving a
retirement annuity on or before January 1, 1971 shall have his
or her retirement annuity then being paid increased $1 per
month for each year of creditable service. On January 1, 1982,
an annuitant whose retirement annuity began on or before
January 1, 1977, shall have his or her retirement annuity then
being paid increased $1 per month for each year of creditable
service.
(i) On January 1, 1987, any annuitant whose retirement
annuity began on or before January 1, 1977, shall have the
monthly retirement annuity increased by an amount equal to 8¢
per year of creditable service times the number of years that
have elapsed since the annuity began.
(j) The changes made to this Section by this amendatory
Act of the 101st General Assembly apply retroactively to
January 1, 2011.
(Source: P.A. 101-610, eff. 1-1-20.)
(40 ILCS 5/15-198)
Sec. 15-198. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment

HB4336 - 957 - LRB103 35348 RLC 65412 b
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
100-23, Public Act 100-587, Public Act 100-769, Public Act
101-10, Public Act 101-610, Public Act 102-16, Public Act
103-80, Public Act 103-548, or this amendatory Act of the
103rd General Assembly or this amendatory Act of the 103rd
General Assembly.
(b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by
a Public Act that does not include the additional funding

HB4336 - 958 - LRB103 35348 RLC 65412 b
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 102-16, eff. 6-17-21; 103-80, eff. 6-9-23;
103-548, eff. 8-11-23; revised 8-31-23.)

HB4336 - 959 - LRB103 35348 RLC 65412 b
(40 ILCS 5/15-203 new)
Sec. 15-203. Application of this amendatory Act of the
103rd General Assembly. It is the intent of this amendatory
Act of the 103rd General Assembly to provide to police
officers and firefighters who first became participants on or
after January 1, 2011 the same level of benefits and
eligibility criteria for benefits as those who first became
participants before January 1, 2011. The changes made to this
Article by this amendatory Act of the 103rd General Assembly
that provide benefit increases for police officers and
firefighters apply without regard to whether the participant
was in service on or after the effective date of this
amendatory Act of the 103rd General Assembly, notwithstanding
the provisions of Section 1-103.1. The benefit increases are
intended to apply prospectively and do not entitle a
participant to retroactive benefit payments or increases. The
changes made to this Article by this amendatory Act of the
103rd General Assembly shall not cause or otherwise result in
any retroactive adjustment of any employee contributions.
Article 4.
Section 4-5. The Illinois Municipal Code is amended by
adding Section 10-4-2.9 as follows:

HB4336 - 960 - LRB103 35348 RLC 65412 b
(65 ILCS 5/10-4-2.9 new)
Sec. 10-4-2.9. Retired police officers and firefighters. A
municipality that provides health insurance to police officers
and firefighters shall maintain the health insurance plans of
these employees after retirement and shall pay the cost of the
health insurance premiums for each retiree who has completed
20 years of service.
Article 99.
Section 99-995. 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 99-999. Effective date. This Act takes effect upon
becoming law.
HB4336 - 961 - LRB103 35348 RLC 65412 b
INDEX
Statutes amended in order of appearance
New Act
30 ILCS 105/5.1015 new
30 ILCS 105/5.790 rep.
725 ILCS 5/113-3 from Ch. 38, par. 113-3
725 ILCS 5/119-1
725 ILCS 105/10 from Ch. 38, par. 208-10
5 ILCS 845/Act rep.
730 ILCS 205/Act rep.
730 ILCS 210/Act rep.
5 ILCS 70/1.43 rep.
5 ILCS 100/5-45.35 rep.
5 ILCS 140/2.15
5 ILCS 160/4a
5 ILCS 315/14 from Ch. 48, par. 1614
5 ILCS 820/1
5 ILCS 820/5
5 ILCS 820/10
5 ILCS 820/15
5 ILCS 820/20
5 ILCS 820/30
5 ILCS 820/35
5 ILCS 820/21 rep.
15 ILCS 205/10 rep.
HB4336 - 962 - LRB103 35348 RLC 65412 b
20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part
20 ILCS 2610/14 from Ch. 121, par. 307.14
20 ILCS 2610/17c rep.
20 ILCS 3930/7.7 rep.
20 ILCS 3930/7.8 rep.
30 ILCS 105/5.990 rep.
50 ILCS 105/4.1 rep.
50 ILCS 205/3b
50 ILCS 205/25 rep.
50 ILCS 705/6.2
50 ILCS 705/10.17
50 ILCS 705/10.6 rep.
50 ILCS 706/10-10
50 ILCS 706/10-15
50 ILCS 706/10-20
50 ILCS 706/10-25
50 ILCS 707/10
50 ILCS 709/5-10
50 ILCS 709/5-12
50 ILCS 709/5-20
50 ILCS 709/5-11 rep.
50 ILCS 725/3.2 from Ch. 85, par. 2555
50 ILCS 725/3.4 from Ch. 85, par. 2557
50 ILCS 725/3.8 from Ch. 85, par. 2561
50 ILCS 725/6.1 new
50 ILCS 727/1-35 rep.
HB4336 - 963 - LRB103 35348 RLC 65412 b
55 ILCS 5/4-5001 from Ch. 34, par. 4-5001
55 ILCS 5/4-12001 from Ch. 34, par. 4-12001
55 ILCS 5/4-12001.1 from Ch. 34, par. 4-12001.1
55 ILCS 5/3-4014 rep.
55 ILCS 5/3-6041 rep.
65 ILCS 5/11-5.1-2 rep.
65 ILCS 5/1-2-12.2 new
110 ILCS 12/15
215 ILCS 5/143.19 from Ch. 73, par. 755.19
215 ILCS 5/143.19.1 from Ch. 73, par. 755.19.1
215 ILCS 5/205 from Ch. 73, par. 817
230 ILCS 10/5.1 from Ch. 120, par. 2405.1
410 ILCS 70/7.5
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
625 ILCS 5/6-308
625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
625 ILCS 5/6-601 from Ch. 95 1/2, par. 6-601
625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103
625 ILCS 5/6-209.1
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8
625 ILCS 5/11-208.9
625 ILCS 5/11-1201.1
625 ILCS 5/4-214.2 new
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
HB4336 - 964 - LRB103 35348 RLC 65412 b
625 ILCS 5/6-306.5-1 new
625 ILCS 5/6-306.9 new
625 ILCS 40/5-7
705 ILCS 105/27.3b from Ch. 25, par. 27.3b
705 ILCS 205/9 from Ch. 13, par. 9
705 ILCS 405/1-7
705 ILCS 405/1-8
705 ILCS 405/5-150
720 ILCS 5/26.5-5
720 ILCS 5/31-1 from Ch. 38, par. 31-1
720 ILCS 5/31A-0.1
720 ILCS 5/32-10 from Ch. 38, par. 32-10
720 ILCS 5/7-5 from Ch. 38, par. 7-5
720 ILCS 5/7-5.5
720 ILCS 5/7-9 from Ch. 38, par. 7-9
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/33-3 from Ch. 38, par. 33-3
720 ILCS 5/32-15.1 new
720 ILCS 5/7-15 rep.
720 ILCS 5/7-16 rep.
720 ILCS 5/33-9 rep.
725 ILCS 5/102-6 from Ch. 38, par. 102-6
725 ILCS 5/102-7 from Ch. 38, par. 102-7
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-7 from Ch. 38, par. 103-7
725 ILCS 5/103-9 from Ch. 38, par. 103-9
HB4336 - 965 - LRB103 35348 RLC 65412 b
725 ILCS 5/104-13 from Ch. 38, par. 104-13
725 ILCS 5/104-17 from Ch. 38, par. 104-17
725 ILCS 5/106D-1
725 ILCS 5/107-4 from Ch. 38, par. 107-4
725 ILCS 5/107-9 from Ch. 38, par. 107-9
725 ILCS 5/107-11 from Ch. 38, par. 107-11
725 ILCS 5/109-1 from Ch. 38, par. 109-1
725 ILCS 5/109-2 from Ch. 38, par. 109-2
725 ILCS 5/109-3 from Ch. 38, par. 109-3
725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1
725 ILCS 5/Art. 110
heading
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/110-2 from Ch. 38, par. 110-2
725 ILCS 5/110-3.1 new
725 ILCS 5/110-5 from Ch. 38, par. 110-5
725 ILCS 5/110-5.2
725 ILCS 5/110-6
725 ILCS 5/110-6.1 new
725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
725 ILCS 5/110-6.4
725 ILCS 5/110-10 from Ch. 38, par. 110-10
725 ILCS 5/110-11 from Ch. 38, par. 110-11
725 ILCS 5/110-12 from Ch. 38, par. 110-12
725 ILCS 5/111-2 from Ch. 38, par. 111-2
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
HB4336 - 966 - LRB103 35348 RLC 65412 b
725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1
725 ILCS 5/114-1 from Ch. 38, par. 114-1
725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
725 ILCS 5/122-6 from Ch. 38, par. 122-6
725 ILCS 5/102-10.5 rep.
725 ILCS 5/102-14.5 rep.
725 ILCS 5/110-6.6 rep.
725 ILCS 5/110-7.5 rep.
725 ILCS 5/110-1.5 rep.
725 ILCS 5/103-2 from Ch. 38, par. 103-2
725 ILCS 5/108-8 from Ch. 38, par. 108-8
725 ILCS 5/103-3.1 new
725 ILCS 5/110-4.1 new
725 ILCS 5/110-6.3-1 new
725 ILCS 5/110-6.5-1 new
725 ILCS 5/110-7.1 new
725 ILCS 5/110-8.1 new
725 ILCS 5/110-9.1 new
725 ILCS 5/110-13.1 new
725 ILCS 5/110-14.1 new
725 ILCS 5/110-15.1 new
725 ILCS 5/110-16.1 new
725 ILCS 5/110-17.1 new
725 ILCS 5/110-18.1 new
725 ILCS 5/Art. 110B
heading new
HB4336 - 967 - LRB103 35348 RLC 65412 b
725 ILCS 5/110B-5 new
725 ILCS 5/110B-10 new
725 ILCS 5/110B-15 new
725 ILCS 5/110B-20 new
725 ILCS 5/110B-25 new
725 ILCS 5/110B-30 new
725 ILCS 5/110B-35 new
725 ILCS 5/110B-40 new
725 ILCS 5/110B-45 new
725 ILCS 5/110B-50 new
725 ILCS 5/110B-55 new
725 ILCS 5/110B-60 new
725 ILCS 5/110B-65 new
725 ILCS 5/110B-70 new
725 ILCS 5/110B-75 new
725 ILCS 5/110B-80 new
725 ILCS 165/4 from Ch. 38, par. 161-4
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 120/4 from Ch. 38, par. 1404
725 ILCS 120/4.5
725 ILCS 185/7 from Ch. 38, par. 307
725 ILCS 185/11 from Ch. 38, par. 311
725 ILCS 185/19 from Ch. 38, par. 319
725 ILCS 185/20 from Ch. 38, par. 320
725 ILCS 185/22 from Ch. 38, par. 322
725 ILCS 185/34
HB4336 - 968 - LRB103 35348 RLC 65412 b
725 ILCS 195/Act title
725 ILCS 195/0.01 from Ch. 16, par. 80
725 ILCS 195/1 from Ch. 16, par. 81
725 ILCS 195/2 from Ch. 16, par. 82
725 ILCS 195/3 from Ch. 16, par. 83
725 ILCS 195/5 from Ch. 16, par. 85
730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2
730 ILCS 5/5-5-3.2
730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4
730 ILCS 5/5-6-4.1 from Ch. 38, par. 1005-6-4.1
730 ILCS 5/5-8A-7
730 ILCS 5/8-2-1 from Ch. 38, par. 1008-2-1
730 ILCS 5/3-6-3
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 5/5-4.5-95
730 ILCS 5/5-4.5-100
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4
730 ILCS 5/5-8-6 from Ch. 38, par. 1005-8-6
730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2
730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4
730 ILCS 5/5-8A-4.1
730 ILCS 5/5-6-3.8 rep.
730 ILCS 5/5-8A-4.15 rep.
730 ILCS 110/18
730 ILCS 125/5 from Ch. 75, par. 105
HB4336 - 969 - LRB103 35348 RLC 65412 b
730 ILCS 130/3 from Ch. 75, par. 32
730 ILCS 167/20
730 ILCS 168/20
735 ILCS 5/10-106 from Ch. 110, par. 10-106
735 ILCS 5/10-125 from Ch. 110, par. 10-125
735 ILCS 5/10-127 from Ch. 110, par. 10-127
735 ILCS 5/10-135 from Ch. 110, par. 10-135
735 ILCS 5/10-136 from Ch. 110, par. 10-136
735 ILCS 5/21-103
740 ILCS 22/220
750 ILCS 60/223 from Ch. 40, par. 2312-23
750 ILCS 60/301 from Ch. 40, par. 2313-1
765 ILCS 1045/11 from Ch. 140, par. 111
775 ILCS 40/50
820 ILCS 405/602 from Ch. 48, par. 432
730 ILCS 5/3-6-7.1 rep.
730 ILCS 5/3-6-7.2 rep.
730 ILCS 5/3-6-7.3 rep.
730 ILCS 5/3-6-7.4 rep.
730 ILCS 125/17.6 rep.
730 ILCS 125/17.7 rep.
730 ILCS 125/17.8 rep.
730 ILCS 125/17.9 rep.
5 ILCS 120/2 from Ch. 102, par. 42
5 ILCS 140/7
5 ILCS 140/7.5
HB4336 - 970 - LRB103 35348 RLC 65412 b
5 ILCS 350/1 from Ch. 127, par. 1301
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6
20 ILCS 2610/3 from Ch. 121, par. 307.3
20 ILCS 2610/6 from Ch. 121, par. 307.6
20 ILCS 2610/8 from Ch. 121, par. 307.8
20 ILCS 2610/9 from Ch. 121, par. 307.9
20 ILCS 2610/6.5 rep.
20 ILCS 2610/11.5 rep.
20 ILCS 2610/11.6 rep.
20 ILCS 2610/12.6 rep.
20 ILCS 2610/12.7 rep.
20 ILCS 2610/40.1 rep.
20 ILCS 2610/46 rep.
50 ILCS 705/2 from Ch. 85, par. 502
50 ILCS 705/3 from Ch. 85, par. 503
50 ILCS 705/6 from Ch. 85, par. 506
50 ILCS 705/6.1
50 ILCS 705/7
50 ILCS 705/7.5
50 ILCS 705/8 from Ch. 85, par. 508
50 ILCS 705/8.1 from Ch. 85, par. 508.1
50 ILCS 705/8.2
50 ILCS 705/9 from Ch. 85, par. 509
50 ILCS 705/10 from Ch. 85, par. 510
50 ILCS 705/10.1 from Ch. 85, par. 510.1
HB4336 - 971 - LRB103 35348 RLC 65412 b
50 ILCS 705/10.2
50 ILCS 705/10.3
50 ILCS 705/10.5-1 new
50 ILCS 705/10.11
50 ILCS 705/10.18
50 ILCS 705/10.19
50 ILCS 705/10.20
50 ILCS 705/3.1 rep.
50 ILCS 705/6.3 rep.
50 ILCS 705/6.6 rep.
50 ILCS 705/6.7 rep.
50 ILCS 705/8.3 rep.
50 ILCS 705/8.4 rep.
50 ILCS 705/9.2 rep.
50 ILCS 705/13 rep.
55 ILCS 5/3-6001.5
30 ILCS 105/5.1016 new
30 ILCS 105/6z-140 new
30 ILCS 805/8.47 new
40 ILCS 5/1-160
40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111
40 ILCS 5/3-111.1 from Ch. 108 1/2, par. 3-111.1
40 ILCS 5/3-112 from Ch. 108 1/2, par. 3-112
40 ILCS 5/3-125 from Ch. 108 1/2, par. 3-125
40 ILCS 5/3-148.5 new
40 ILCS 5/4-109 from Ch. 108 1/2, par. 4-109
HB4336 - 972 - LRB103 35348 RLC 65412 b