Bill Text: IL HB5196 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends, repeals, and reenacts various Acts. Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104. Makes other technical changes. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-09 - Referred to Rules Committee [HB5196 Detail]
Download: Illinois-2023-HB5196-Introduced.html
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1 | AN ACT concerning public safety.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | (5 ILCS 845/Act rep.) | |||||||||||||||||||
5 | Section 5. The Statewide Use of Force Standardization Act | |||||||||||||||||||
6 | is repealed.
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7 | (730 ILCS 205/Act rep.) | |||||||||||||||||||
8 | Section 10. The No Representation Without Population Act | |||||||||||||||||||
9 | is repealed.
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10 | (730 ILCS 210/Act rep.) | |||||||||||||||||||
11 | Section 15. The Reporting of Deaths in Custody Act is | |||||||||||||||||||
12 | repealed.
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13 | (5 ILCS 70/1.43 rep.) | |||||||||||||||||||
14 | Section 20. The Statute on Statutes is amended by | |||||||||||||||||||
15 | repealing Section 1.43.
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16 | (5 ILCS 100/5-45.35 rep.) | |||||||||||||||||||
17 | Section 25. The Illinois Administrative Procedure Act is | |||||||||||||||||||
18 | amended by repealing Section 5-45.35 as added by Public Act | |||||||||||||||||||
19 | 102-1104.
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1 | Section 30. The Freedom of Information Act is amended by | ||||||
2 | changing Section 2.15 as follows:
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3 | (5 ILCS 140/2.15) | ||||||
4 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
5 | (a) Arrest reports. The following chronologically | ||||||
6 | maintained arrest and criminal history information maintained | ||||||
7 | by State or local criminal justice agencies shall be furnished | ||||||
8 | as soon as practical, but in no event later than 72 hours after | ||||||
9 | the arrest, notwithstanding the time limits otherwise provided | ||||||
10 | for in Section 3 of this Act: (i) information that identifies | ||||||
11 | the individual, including the name, age, address, and | ||||||
12 | photograph, when and if available; (ii) information detailing | ||||||
13 | any charges relating to the arrest; (iii) the time and | ||||||
14 | location of the arrest; (iv) the name of the investigating or | ||||||
15 | arresting law enforcement agency; (v) if the individual is | ||||||
16 | incarcerated, the amount of any bail or bond (blank) ; and (vi) | ||||||
17 | if the individual is incarcerated, the time and date that the | ||||||
18 | individual was received into, discharged from, or transferred | ||||||
19 | from the arresting agency's custody. | ||||||
20 | (b) Criminal history records. The following documents | ||||||
21 | maintained by a public body pertaining to criminal history | ||||||
22 | record information are public records subject to inspection | ||||||
23 | and copying by the public pursuant to this Act: (i) court | ||||||
24 | records that are public; (ii) records that are otherwise | ||||||
25 | available under State or local law; and (iii) records in which |
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1 | the requesting party is the individual identified, except as | ||||||
2 | provided under Section 7(1)(d)(vi). | ||||||
3 | (c) Information described in items (iii) through (vi) of | ||||||
4 | subsection (a) may be withheld if it is determined that | ||||||
5 | disclosure would: (i) interfere with pending or actually and | ||||||
6 | reasonably contemplated law enforcement proceedings conducted | ||||||
7 | by any law enforcement agency; (ii) endanger the life or | ||||||
8 | physical safety of law enforcement or correctional personnel | ||||||
9 | or any other person; or (iii) compromise the security of any | ||||||
10 | correctional facility. | ||||||
11 | (d) The provisions of this Section do not supersede the | ||||||
12 | confidentiality provisions for law enforcement or arrest | ||||||
13 | records of the Juvenile Court Act of 1987. | ||||||
14 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
15 | law enforcement agency may not publish booking photographs, | ||||||
16 | commonly known as "mugshots", on its social networking website | ||||||
17 | in connection with civil offenses, petty offenses, business | ||||||
18 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
19 | unless the booking photograph is posted to the social | ||||||
20 | networking website to assist in the search for a missing | ||||||
21 | person or to assist in the search for a fugitive, person of | ||||||
22 | interest, or individual wanted in relation to a crime other | ||||||
23 | than a petty offense, business offense, Class C misdemeanor, | ||||||
24 | or Class B misdemeanor. As used in this subsection, "social | ||||||
25 | networking website" has the meaning provided in Section 10 of | ||||||
26 | the Right to Privacy in the Workplace Act. |
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1 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
2 | 102-1104, eff. 1-1-23.)
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3 | Section 35. The State Records Act is amended by changing | ||||||
4 | Section 4a as follows:
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5 | (5 ILCS 160/4a) | ||||||
6 | Sec. 4a. Arrest records and reports. | ||||||
7 | (a) When an individual is arrested, the following | ||||||
8 | information must be made available to the news media for | ||||||
9 | inspection and copying: | ||||||
10 | (1) Information that identifies the individual, | ||||||
11 | including the name, age, address, and photograph, when and | ||||||
12 | if available. | ||||||
13 | (2) Information detailing any charges relating to the | ||||||
14 | arrest. | ||||||
15 | (3) The time and location of the arrest. | ||||||
16 | (4) The name of the investigating or arresting law | ||||||
17 | enforcement agency. | ||||||
18 | (5) (Blank). | ||||||
19 | (5.1) If the individual is incarcerated, the amount of | ||||||
20 | any bail or bond. | ||||||
21 | (6) If the individual is incarcerated, the time and | ||||||
22 | date that the individual was received, discharged, or | ||||||
23 | transferred from the arresting agency's custody. | ||||||
24 | (b) The information required by this Section must be made |
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1 | available to the news media for inspection and copying as soon | ||||||
2 | as practicable, but in no event shall the time period exceed 72 | ||||||
3 | hours from the arrest. The information described in paragraphs | ||||||
4 | (3), (4), (5), and (6) of subsection (a), however, may be | ||||||
5 | withheld if it is determined that disclosure would: | ||||||
6 | (1) interfere with pending or actually and reasonably | ||||||
7 | contemplated law enforcement proceedings conducted by any | ||||||
8 | law enforcement or correctional agency; | ||||||
9 | (2) endanger the life or physical safety of law | ||||||
10 | enforcement or correctional personnel or any other person; | ||||||
11 | or | ||||||
12 | (3) compromise the security of any correctional | ||||||
13 | facility. | ||||||
14 | (c) For the purposes of this Section, the term "news | ||||||
15 | media" means personnel of a newspaper or other periodical | ||||||
16 | issued at regular intervals whether in print or electronic | ||||||
17 | format, a news service whether in print or electronic format, | ||||||
18 | a radio station, a television station, a television network, a | ||||||
19 | community antenna television service, or a person or | ||||||
20 | corporation engaged in making news reels or other motion | ||||||
21 | picture news for public showing. | ||||||
22 | (d) Each law enforcement or correctional agency may charge | ||||||
23 | fees for arrest records, but in no instance may the fee exceed | ||||||
24 | the actual cost of copying and reproduction. The fees may not | ||||||
25 | include the cost of the labor used to reproduce the arrest | ||||||
26 | record. |
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1 | (e) The provisions of this Section do not supersede the | ||||||
2 | confidentiality provisions for arrest records of the Juvenile | ||||||
3 | Court Act of 1987. | ||||||
4 | (f) All information, including photographs, made available | ||||||
5 | under this Section is subject to the provisions of Section | ||||||
6 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
7 | Act. | ||||||
8 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
9 | law enforcement agency may not publish booking photographs, | ||||||
10 | commonly known as "mugshots", on its social networking website | ||||||
11 | in connection with civil offenses, petty offenses, business | ||||||
12 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
13 | unless the booking photograph is posted to the social | ||||||
14 | networking website to assist in the search for a missing | ||||||
15 | person or to assist in the search for a fugitive, person of | ||||||
16 | interest, or individual wanted in relation to a crime other | ||||||
17 | than a petty offense, business offense, Class C misdemeanor, | ||||||
18 | or Class B misdemeanor. As used in this subsection, "social | ||||||
19 | networking website" has the meaning provided in Section 10 of | ||||||
20 | the Right to Privacy in the Workplace Act. | ||||||
21 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
22 | 102-1104, eff. 1-1-23.)
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23 | Section 40. The Illinois Public Labor Relations Act is | ||||||
24 | amended by changing Section 14 as follows:
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1 | (5 ILCS 315/14) (from Ch. 48, par. 1614) | ||||||
2 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
3 | disputes. | ||||||
4 | (a) In the case of collective bargaining agreements | ||||||
5 | involving units of security employees of a public employer, | ||||||
6 | Peace Officer Units, or units of fire fighters or paramedics, | ||||||
7 | and in the case of disputes under Section 18, unless the | ||||||
8 | parties mutually agree to some other time limit, mediation | ||||||
9 | shall commence 30 days prior to the expiration date of such | ||||||
10 | agreement or at such later time as the mediation services | ||||||
11 | chosen under subsection (b) of Section 12 can be provided to | ||||||
12 | the parties. In the case of negotiations for an initial | ||||||
13 | collective bargaining agreement, mediation shall commence upon | ||||||
14 | 15 days notice from either party or at such later time as the | ||||||
15 | mediation services chosen pursuant to subsection (b) of | ||||||
16 | Section 12 can be provided to the parties. In mediation under | ||||||
17 | this Section, if either party requests the use of mediation | ||||||
18 | services from the Federal Mediation and Conciliation Service, | ||||||
19 | the other party shall either join in such request or bear the | ||||||
20 | additional cost of mediation services from another source. The | ||||||
21 | mediator shall have a duty to keep the Board informed on the | ||||||
22 | progress of the mediation. If any dispute has not been | ||||||
23 | resolved within 15 days after the first meeting of the parties | ||||||
24 | and the mediator, or within such other time limit as may be | ||||||
25 | mutually agreed upon by the parties, either the exclusive | ||||||
26 | representative or employer may request of the other, in |
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1 | writing, arbitration, and shall submit a copy of the request | ||||||
2 | to the Board. | ||||||
3 | (b) Within 10 days after such a request for arbitration | ||||||
4 | has been made, the employer shall choose a delegate and the | ||||||
5 | employees' exclusive representative shall choose a delegate to | ||||||
6 | a panel of arbitration as provided in this Section. The | ||||||
7 | employer and employees shall forthwith advise the other and | ||||||
8 | the Board of their selections. | ||||||
9 | (c) Within 7 days after the request of either party, the | ||||||
10 | parties shall request a panel of impartial arbitrators from | ||||||
11 | which they shall select the neutral chairman according to the | ||||||
12 | procedures provided in this Section. If the parties have | ||||||
13 | agreed to a contract that contains a grievance resolution | ||||||
14 | procedure as provided in Section 8, the chairman shall be | ||||||
15 | selected using their agreed contract procedure unless they | ||||||
16 | mutually agree to another procedure. If the parties fail to | ||||||
17 | notify the Board of their selection of neutral chairman within | ||||||
18 | 7 days after receipt of the list of impartial arbitrators, the | ||||||
19 | Board shall appoint, at random, a neutral chairman from the | ||||||
20 | list. In the absence of an agreed contract procedure for | ||||||
21 | selecting an impartial arbitrator, either party may request a | ||||||
22 | panel from the Board. Within 7 days of the request of either | ||||||
23 | party, the Board shall select from the Public Employees Labor | ||||||
24 | Mediation Roster 7 persons who are on the labor arbitration | ||||||
25 | panels of either the American Arbitration Association or the | ||||||
26 | Federal Mediation and Conciliation Service, or who are members |
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1 | of the National Academy of Arbitrators, as nominees for | ||||||
2 | impartial arbitrator of the arbitration panel. The parties may | ||||||
3 | select an individual on the list provided by the Board or any | ||||||
4 | other individual mutually agreed upon by the parties. Within 7 | ||||||
5 | days following the receipt of the list, the parties shall | ||||||
6 | notify the Board of the person they have selected. Unless the | ||||||
7 | parties agree on an alternate selection procedure, they shall | ||||||
8 | alternatively strike one name from the list provided by the | ||||||
9 | Board until only one name remains. A coin toss shall determine | ||||||
10 | which party shall strike the first name. If the parties fail to | ||||||
11 | notify the Board in a timely manner of their selection for | ||||||
12 | neutral chairman, the Board shall appoint a neutral chairman | ||||||
13 | from the Illinois Public Employees Mediation/Arbitration | ||||||
14 | Roster. | ||||||
15 | (d) The chairman shall call a hearing to begin within 15 | ||||||
16 | days and give reasonable notice of the time and place of the | ||||||
17 | hearing. The hearing shall be held at the offices of the Board | ||||||
18 | or at such other location as the Board deems appropriate. The | ||||||
19 | chairman shall preside over the hearing and shall take | ||||||
20 | testimony. Any oral or documentary evidence and other data | ||||||
21 | deemed relevant by the arbitration panel may be received in | ||||||
22 | evidence. The proceedings shall be informal. Technical rules | ||||||
23 | of evidence shall not apply and the competency of the evidence | ||||||
24 | shall not thereby be deemed impaired. A verbatim record of the | ||||||
25 | proceedings shall be made and the arbitrator shall arrange for | ||||||
26 | the necessary recording service. Transcripts may be ordered at |
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1 | the expense of the party ordering them, but the transcripts | ||||||
2 | shall not be necessary for a decision by the arbitration | ||||||
3 | panel. The expense of the proceedings, including a fee for the | ||||||
4 | chairman, shall be borne equally by each of the parties to the | ||||||
5 | dispute. The delegates, if public officers or employees, shall | ||||||
6 | continue on the payroll of the public employer without loss of | ||||||
7 | pay. The hearing conducted by the arbitration panel may be | ||||||
8 | adjourned from time to time, but unless otherwise agreed by | ||||||
9 | the parties, shall be concluded within 30 days of the time of | ||||||
10 | its commencement. Majority actions and rulings shall | ||||||
11 | constitute the actions and rulings of the arbitration panel. | ||||||
12 | Arbitration proceedings under this Section shall not be | ||||||
13 | interrupted or terminated by reason of any unfair labor | ||||||
14 | practice charge filed by either party at any time. | ||||||
15 | (e) The arbitration panel may administer oaths, require | ||||||
16 | the attendance of witnesses, and the production of such books, | ||||||
17 | papers, contracts, agreements and documents as may be deemed | ||||||
18 | by it material to a just determination of the issues in | ||||||
19 | dispute, and for such purpose may issue subpoenas. If any | ||||||
20 | person refuses to obey a subpoena, or refuses to be sworn or to | ||||||
21 | testify, or if any witness, party or attorney is guilty of any | ||||||
22 | contempt while in attendance at any hearing, the arbitration | ||||||
23 | panel may, or the attorney general if requested shall, invoke | ||||||
24 | the aid of any circuit court within the jurisdiction in which | ||||||
25 | the hearing is being held, which court shall issue an | ||||||
26 | appropriate order. Any failure to obey the order may be |
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1 | punished by the court as contempt. | ||||||
2 | (f) At any time before the rendering of an award, the | ||||||
3 | chairman of the arbitration panel, if he is of the opinion that | ||||||
4 | it would be useful or beneficial to do so, may remand the | ||||||
5 | dispute to the parties for further collective bargaining for a | ||||||
6 | period not to exceed 2 weeks. If the dispute is remanded for | ||||||
7 | further collective bargaining the time provisions of this Act | ||||||
8 | shall be extended for a time period equal to that of the | ||||||
9 | remand. The chairman of the panel of arbitration shall notify | ||||||
10 | the Board of the remand. | ||||||
11 | (g) At or before the conclusion of the hearing held | ||||||
12 | pursuant to subsection (d), the arbitration panel shall | ||||||
13 | identify the economic issues in dispute, and direct each of | ||||||
14 | the parties to submit, within such time limit as the panel | ||||||
15 | shall prescribe, to the arbitration panel and to each other | ||||||
16 | its last offer of settlement on each economic issue. The | ||||||
17 | determination of the arbitration panel as to the issues in | ||||||
18 | dispute and as to which of these issues are economic shall be | ||||||
19 | conclusive. The arbitration panel, within 30 days after the | ||||||
20 | conclusion of the hearing, or such further additional periods | ||||||
21 | to which the parties may agree, shall make written findings of | ||||||
22 | fact and promulgate a written opinion and shall mail or | ||||||
23 | otherwise deliver a true copy thereof to the parties and their | ||||||
24 | representatives and to the Board. As to each economic issue, | ||||||
25 | the arbitration panel shall adopt the last offer of settlement | ||||||
26 | which, in the opinion of the arbitration panel, more nearly |
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1 | complies with the applicable factors prescribed in subsection | ||||||
2 | (h). The findings, opinions and order as to all other issues | ||||||
3 | shall be based upon the applicable factors prescribed in | ||||||
4 | subsection (h). | ||||||
5 | (h) Where there is no agreement between the parties, or | ||||||
6 | where there is an agreement but the parties have begun | ||||||
7 | negotiations or discussions looking to a new agreement or | ||||||
8 | amendment of the existing agreement, and wage rates or other | ||||||
9 | conditions of employment under the proposed new or amended | ||||||
10 | agreement are in dispute, the arbitration panel shall base its | ||||||
11 | findings, opinions and order upon the following factors, as | ||||||
12 | applicable: | ||||||
13 | (1) The lawful authority of the employer. | ||||||
14 | (2) Stipulations of the parties. | ||||||
15 | (3) The interests and welfare of the public and the | ||||||
16 | financial ability of the unit of government to meet those | ||||||
17 | costs. | ||||||
18 | (4) Comparison of the wages, hours and conditions of | ||||||
19 | employment of the employees involved in the arbitration | ||||||
20 | proceeding with the wages, hours and conditions of | ||||||
21 | employment of other employees performing similar services | ||||||
22 | and with other employees generally: | ||||||
23 | (A) In public employment in comparable | ||||||
24 | communities. | ||||||
25 | (B) In private employment in comparable | ||||||
26 | communities. |
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1 | (5) The average consumer prices for goods and | ||||||
2 | services, commonly known as the cost of living. | ||||||
3 | (6) The overall compensation presently received by the | ||||||
4 | employees, including direct wage compensation, vacations, | ||||||
5 | holidays and other excused time, insurance and pensions, | ||||||
6 | medical and hospitalization benefits, the continuity and | ||||||
7 | stability of employment and all other benefits received. | ||||||
8 | (7) Changes in any of the foregoing circumstances | ||||||
9 | during the pendency of the arbitration proceedings. | ||||||
10 | (8) Such other factors, not confined to the foregoing, | ||||||
11 | which are normally or traditionally taken into | ||||||
12 | consideration in the determination of wages, hours and | ||||||
13 | conditions of employment through voluntary collective | ||||||
14 | bargaining, mediation, fact-finding, arbitration or | ||||||
15 | otherwise between the parties, in the public service or in | ||||||
16 | private employment. | ||||||
17 | (i) In the case of peace officers, the arbitration | ||||||
18 | decision shall be limited to wages, hours, and conditions of | ||||||
19 | employment (which may include residency requirements in | ||||||
20 | municipalities with a population under 1,000,000, 100,000, but | ||||||
21 | those residency requirements shall not allow residency outside | ||||||
22 | of Illinois) and shall not include the following: i) residency | ||||||
23 | requirements in municipalities with a population of at least | ||||||
24 | 1,000,000 100,000 ; ii) the type of equipment, other than | ||||||
25 | uniforms, issued or used; iii) manning; iv) the total number | ||||||
26 | of employees employed by the department; v) mutual aid and |
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1 | assistance agreements to other units of government; and vi) | ||||||
2 | the criterion pursuant to which force, including deadly force, | ||||||
3 | can be used; provided, nothing herein shall preclude an | ||||||
4 | arbitration decision regarding equipment or manning levels if | ||||||
5 | such decision is based on a finding that the equipment or | ||||||
6 | manning considerations in a specific work assignment involve a | ||||||
7 | serious risk to the safety of a peace officer beyond that which | ||||||
8 | is inherent in the normal performance of police duties. | ||||||
9 | Limitation of the terms of the arbitration decision pursuant | ||||||
10 | to this subsection shall not be construed to limit the factors | ||||||
11 | upon which the decision may be based, as set forth in | ||||||
12 | subsection (h). | ||||||
13 | In the case of fire fighter, and fire department or fire | ||||||
14 | district paramedic matters, the arbitration decision shall be | ||||||
15 | limited to wages, hours, and conditions of employment | ||||||
16 | (including manning and also including residency requirements | ||||||
17 | in municipalities with a population under 1,000,000, but those | ||||||
18 | residency requirements shall not allow residency outside of | ||||||
19 | Illinois) and shall not include the following matters: i) | ||||||
20 | residency requirements in municipalities with a population of | ||||||
21 | at least 1,000,000; ii) the type of equipment (other than | ||||||
22 | uniforms and fire fighter turnout gear) issued or used; iii) | ||||||
23 | the total number of employees employed by the department; iv) | ||||||
24 | mutual aid and assistance agreements to other units of | ||||||
25 | government; and v) the criterion pursuant to which force, | ||||||
26 | including deadly force, can be used; provided, however, |
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1 | nothing herein shall preclude an arbitration decision | ||||||
2 | regarding equipment levels if such decision is based on a | ||||||
3 | finding that the equipment considerations in a specific work | ||||||
4 | assignment involve a serious risk to the safety of a fire | ||||||
5 | fighter beyond that which is inherent in the normal | ||||||
6 | performance of fire fighter duties. Limitation of the terms of | ||||||
7 | the arbitration decision pursuant to this subsection shall not | ||||||
8 | be construed to limit the facts upon which the decision may be | ||||||
9 | based, as set forth in subsection (h). | ||||||
10 | The changes to this subsection (i) made by Public Act | ||||||
11 | 90-385 (relating to residency requirements) do not apply to | ||||||
12 | persons who are employed by a combined department that | ||||||
13 | performs both police and firefighting services; these persons | ||||||
14 | shall be governed by the provisions of this subsection (i) | ||||||
15 | relating to peace officers, as they existed before the | ||||||
16 | amendment by Public Act 90-385. | ||||||
17 | To preserve historical bargaining rights, this subsection | ||||||
18 | shall not apply to any provision of a fire fighter collective | ||||||
19 | bargaining agreement in effect and applicable on the effective | ||||||
20 | date of this Act; provided, however, nothing herein shall | ||||||
21 | preclude arbitration with respect to any such provision. | ||||||
22 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
23 | by the filing of a letter requesting mediation as required | ||||||
24 | under subsection (a) of this Section. The commencement of a | ||||||
25 | new municipal fiscal year after the initiation of arbitration | ||||||
26 | procedures under this Act, but before the arbitration |
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1 | decision, or its enforcement, shall not be deemed to render a | ||||||
2 | dispute moot, or to otherwise impair the jurisdiction or | ||||||
3 | authority of the arbitration panel or its decision. Increases | ||||||
4 | in rates of compensation awarded by the arbitration panel may | ||||||
5 | be effective only at the start of the fiscal year next | ||||||
6 | commencing after the date of the arbitration award. If a new | ||||||
7 | fiscal year has commenced either since the initiation of | ||||||
8 | arbitration procedures under this Act or since any mutually | ||||||
9 | agreed extension of the statutorily required period of | ||||||
10 | mediation under this Act by the parties to the labor dispute | ||||||
11 | causing a delay in the initiation of arbitration, the | ||||||
12 | foregoing limitations shall be inapplicable, and such awarded | ||||||
13 | increases may be retroactive to the commencement of the fiscal | ||||||
14 | year, any other statute or charter provisions to the contrary, | ||||||
15 | notwithstanding. At any time the parties, by stipulation, may | ||||||
16 | amend or modify an award of arbitration. | ||||||
17 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
18 | upon appropriate petition by either the public employer or the | ||||||
19 | exclusive bargaining representative, by the circuit court for | ||||||
20 | the county in which the dispute arose or in which a majority of | ||||||
21 | the affected employees reside, but only for reasons that the | ||||||
22 | arbitration panel was without or exceeded its statutory | ||||||
23 | authority; the order is arbitrary, or capricious; or the order | ||||||
24 | was procured by fraud, collusion or other similar and unlawful | ||||||
25 | means. Such petitions for review must be filed with the | ||||||
26 | appropriate circuit court within 90 days following the |
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1 | issuance of the arbitration order. The pendency of such | ||||||
2 | proceeding for review shall not automatically stay the order | ||||||
3 | of the arbitration panel. The party against whom the final | ||||||
4 | decision of any such court shall be adverse, if such court | ||||||
5 | finds such appeal or petition to be frivolous, shall pay | ||||||
6 | reasonable attorneys' fees and costs to the successful party | ||||||
7 | as determined by said court in its discretion. If said court's | ||||||
8 | decision affirms the award of money, such award, if | ||||||
9 | retroactive, shall bear interest at the rate of 12 percent per | ||||||
10 | annum from the effective retroactive date. | ||||||
11 | (l) During the pendency of proceedings before the | ||||||
12 | arbitration panel, existing wages, hours, and other conditions | ||||||
13 | of employment shall not be changed by action of either party | ||||||
14 | without the consent of the other but a party may so consent | ||||||
15 | without prejudice to his rights or position under this Act. | ||||||
16 | The proceedings are deemed to be pending before the | ||||||
17 | arbitration panel upon the initiation of arbitration | ||||||
18 | procedures under this Act. | ||||||
19 | (m) Security officers of public employers, and Peace | ||||||
20 | Officers, Fire Fighters and fire department and fire | ||||||
21 | protection district paramedics, covered by this Section may | ||||||
22 | not withhold services, nor may public employers lock out or | ||||||
23 | prevent such employees from performing services at any time. | ||||||
24 | (n) All of the terms decided upon by the arbitration panel | ||||||
25 | shall be included in an agreement to be submitted to the public | ||||||
26 | employer's governing body for ratification and adoption by |
| |||||||
| |||||||
1 | law, ordinance or the equivalent appropriate means. | ||||||
2 | The governing body shall review each term decided by the | ||||||
3 | arbitration panel. If the governing body fails to reject one | ||||||
4 | or more terms of the arbitration panel's decision by a 3/5 vote | ||||||
5 | of those duly elected and qualified members of the governing | ||||||
6 | body, within 20 days of issuance, or in the case of | ||||||
7 | firefighters employed by a state university, at the next | ||||||
8 | regularly scheduled meeting of the governing body after | ||||||
9 | issuance, such term or terms shall become a part of the | ||||||
10 | collective bargaining agreement of the parties. If the | ||||||
11 | governing body affirmatively rejects one or more terms of the | ||||||
12 | arbitration panel's decision, it must provide reasons for such | ||||||
13 | rejection with respect to each term so rejected, within 20 | ||||||
14 | days of such rejection and the parties shall return to the | ||||||
15 | arbitration panel for further proceedings and issuance of a | ||||||
16 | supplemental decision with respect to the rejected terms. Any | ||||||
17 | supplemental decision by an arbitration panel or other | ||||||
18 | decision maker agreed to by the parties shall be submitted to | ||||||
19 | the governing body for ratification and adoption in accordance | ||||||
20 | with the procedures and voting requirements set forth in this | ||||||
21 | Section. The voting requirements of this subsection shall | ||||||
22 | apply to all disputes submitted to arbitration pursuant to | ||||||
23 | this Section notwithstanding any contrary voting requirements | ||||||
24 | contained in any existing collective bargaining agreement | ||||||
25 | between the parties. | ||||||
26 | (o) If the governing body of the employer votes to reject |
| |||||||
| |||||||
1 | the panel's decision, the parties shall return to the panel | ||||||
2 | within 30 days from the issuance of the reasons for rejection | ||||||
3 | for further proceedings and issuance of a supplemental | ||||||
4 | decision. All reasonable costs of such supplemental proceeding | ||||||
5 | including the exclusive representative's reasonable attorney's | ||||||
6 | fees, as established by the Board, shall be paid by the | ||||||
7 | employer. | ||||||
8 | (p) Notwithstanding the provisions of this Section the | ||||||
9 | employer and exclusive representative may agree to submit | ||||||
10 | unresolved disputes concerning wages, hours, terms and | ||||||
11 | conditions of employment to an alternative form of impasse | ||||||
12 | resolution. | ||||||
13 | The amendatory changes to this Section made by Public Act | ||||||
14 | 101-652 take effect July 1, 2022. | ||||||
15 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
| ||||||
16 | (15 ILCS 205/10 rep.) | ||||||
17 | Section 45. The Attorney General Act is amended by | ||||||
18 | repealing Section 10.
| ||||||
19 | Section 50. The Illinois State Police Law of the Civil | ||||||
20 | Administrative Code of Illinois is amended by changing Section | ||||||
21 | 2605-302 as follows:
| ||||||
22 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) | ||||||
23 | Sec. 2605-302. Arrest reports. |
| |||||||
| |||||||
1 | (a) When an individual is arrested, the following | ||||||
2 | information must be made available to the news media for | ||||||
3 | inspection and copying: | ||||||
4 | (1) Information that identifies the individual, | ||||||
5 | including the name, age, address, and photograph, when and | ||||||
6 | if available. | ||||||
7 | (2) Information detailing any charges relating to the | ||||||
8 | arrest. | ||||||
9 | (3) The time and location of the arrest. | ||||||
10 | (4) The name of the investigating or arresting law | ||||||
11 | enforcement agency. | ||||||
12 | (5) (Blank). | ||||||
13 | (5.1) If the individual is incarcerated, the amount of | ||||||
14 | any bail or bond. | ||||||
15 | (6) If the individual is incarcerated, the time and | ||||||
16 | date that the individual was received, discharged, or | ||||||
17 | transferred from the arresting agency's custody. | ||||||
18 | (b) The information required by this Section must be made | ||||||
19 | available to the news media for inspection and copying as soon | ||||||
20 | as practicable, but in no event shall the time period exceed 72 | ||||||
21 | hours from the arrest. The information described in items (3), | ||||||
22 | (4), (5), and (6) of subsection (a), however, may be withheld | ||||||
23 | if it is determined that disclosure would (i) interfere with | ||||||
24 | pending or actually and reasonably contemplated law | ||||||
25 | enforcement proceedings conducted by any law enforcement or | ||||||
26 | correctional agency; (ii) endanger the life or physical safety |
| |||||||
| |||||||
1 | of law enforcement or correctional personnel or any other | ||||||
2 | person; or (iii) compromise the security of any correctional | ||||||
3 | facility. | ||||||
4 | (c) For the purposes of this Section, the term "news | ||||||
5 | media" means personnel of a newspaper or other periodical | ||||||
6 | issued at regular intervals whether in print or electronic | ||||||
7 | format, a news service whether in print or electronic format, | ||||||
8 | a radio station, a television station, a television network, a | ||||||
9 | community antenna television service, or a person or | ||||||
10 | corporation engaged in making news reels or other motion | ||||||
11 | picture news for public showing. | ||||||
12 | (d) Each law enforcement or correctional agency may charge | ||||||
13 | fees for arrest records, but in no instance may the fee exceed | ||||||
14 | the actual cost of copying and reproduction. The fees may not | ||||||
15 | include the cost of the labor used to reproduce the arrest | ||||||
16 | record. | ||||||
17 | (e) The provisions of this Section do not supersede the | ||||||
18 | confidentiality provisions for arrest records of the Juvenile | ||||||
19 | Court Act of 1987. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
21 | Section 55. The State Police Act is amended by changing | ||||||
22 | Section 14 as follows:
| ||||||
23 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14) | ||||||
24 | Sec. 14. Except as is otherwise provided in this Act, no |
| |||||||
| |||||||
1 | Illinois State Police officer shall be removed, demoted, or | ||||||
2 | suspended except for cause, upon written charges filed with | ||||||
3 | the Board by the Director and a hearing before the Board | ||||||
4 | thereon upon not less than 10 days' notice at a place to be | ||||||
5 | designated by the chairman thereof. At such hearing, the | ||||||
6 | accused shall be afforded full opportunity to be heard in his | ||||||
7 | or her own defense and to produce proof in his or her defense. | ||||||
8 | Anyone It shall not be a requirement of a person filing a | ||||||
9 | complaint against a State Police officer must to have the a | ||||||
10 | complaint supported by a sworn affidavit . Any such complaint, | ||||||
11 | having been supported by a sworn affidavit, and having been | ||||||
12 | found, in total or in part, to contain false information, | ||||||
13 | shall be presented to the appropriate State's Attorney for a | ||||||
14 | determination of prosecution or any other legal documentation. | ||||||
15 | This ban on an affidavit requirement shall apply to any | ||||||
16 | collective bargaining agreements entered after the effective | ||||||
17 | date of this provision . | ||||||
18 | Before any such officer may be interrogated or examined by | ||||||
19 | or before the Board, or by an Illinois State Police agent or | ||||||
20 | investigator specifically assigned to conduct an internal | ||||||
21 | investigation, the results of which hearing, interrogation, or | ||||||
22 | examination may be the basis for filing charges seeking his or | ||||||
23 | her suspension for more than 15 days or his or her removal or | ||||||
24 | discharge, he or she shall be advised in writing as to what | ||||||
25 | specific improper or illegal act he or she is alleged to have | ||||||
26 | committed; he or she shall be advised in writing that his or |
| |||||||
| |||||||
1 | her admissions made in the course of the hearing, | ||||||
2 | interrogation, or examination may be used as the basis for | ||||||
3 | charges seeking his or her suspension, removal, or discharge; | ||||||
4 | and he or she shall be advised in writing that he or she has a | ||||||
5 | right to counsel of his or her choosing, who may be present to | ||||||
6 | advise him or her at any hearing, interrogation, or | ||||||
7 | examination. A complete record of any hearing, interrogation, | ||||||
8 | or examination shall be made, and a complete transcript or | ||||||
9 | electronic recording thereof shall be made available to such | ||||||
10 | officer without charge and without delay. | ||||||
11 | The Board shall have the power to secure by its subpoena | ||||||
12 | both the attendance and testimony of witnesses and the | ||||||
13 | production of books and papers in support of the charges and | ||||||
14 | for the defense. Each member of the Board or a designated | ||||||
15 | hearing officer shall have the power to administer oaths or | ||||||
16 | affirmations. If the charges against an accused are | ||||||
17 | established by a preponderance of evidence, the Board shall | ||||||
18 | make a finding of guilty and order either removal, demotion, | ||||||
19 | suspension for a period of not more than 180 days, or such | ||||||
20 | other disciplinary punishment as may be prescribed by the | ||||||
21 | rules and regulations of the Board which, in the opinion of the | ||||||
22 | members thereof, the offense merits. Thereupon the Director | ||||||
23 | shall direct such removal or other punishment as ordered by | ||||||
24 | the Board and if the accused refuses to abide by any such | ||||||
25 | disciplinary order, the Director shall remove him or her | ||||||
26 | forthwith. |
| |||||||
| |||||||
1 | If the accused is found not guilty or has served a period | ||||||
2 | of suspension greater than prescribed by the Board, the Board | ||||||
3 | shall order that the officer receive compensation for the | ||||||
4 | period involved. The award of compensation shall include | ||||||
5 | interest at the rate of 7% per annum. | ||||||
6 | The Board may include in its order appropriate sanctions | ||||||
7 | based upon the Board's rules and regulations. If the Board | ||||||
8 | finds that a party has made allegations or denials without | ||||||
9 | reasonable cause or has engaged in frivolous litigation for | ||||||
10 | the purpose of delay or needless increase in the cost of | ||||||
11 | litigation, it may order that party to pay the other party's | ||||||
12 | reasonable expenses, including costs and reasonable attorney's | ||||||
13 | fees. The State of Illinois and the Illinois State Police | ||||||
14 | shall be subject to these sanctions in the same manner as other | ||||||
15 | parties. | ||||||
16 | In case of the neglect or refusal of any person to obey a | ||||||
17 | subpoena issued by the Board, any circuit court, upon | ||||||
18 | application of any member of the Board, may order such person | ||||||
19 | to appear before the Board and give testimony or produce | ||||||
20 | evidence, and any failure to obey such order is punishable by | ||||||
21 | the court as a contempt thereof. | ||||||
22 | The provisions of the Administrative Review Law, and all | ||||||
23 | amendments and modifications thereof, and the rules adopted | ||||||
24 | pursuant thereto, shall apply to and govern all proceedings | ||||||
25 | for the judicial review of any order of the Board rendered | ||||||
26 | pursuant to the provisions of this Section. |
| |||||||
| |||||||
1 | Notwithstanding the provisions of this Section, a policy | ||||||
2 | making officer, as defined in the Employee Rights Violation | ||||||
3 | Act, of the Illinois State Police shall be discharged from the | ||||||
4 | Illinois State Police as provided in the Employee Rights | ||||||
5 | Violation Act, enacted by the 85th General Assembly. | ||||||
6 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22.)
| ||||||
8 | (20 ILCS 2610/17c rep.) | ||||||
9 | Section 60. The State Police Act is amended by repealing | ||||||
10 | Section 17c.
| ||||||
11 | (20 ILCS 3930/7.7 rep.) | ||||||
12 | (20 ILCS 3930/7.8 rep.) | ||||||
13 | Section 65. The Illinois Criminal Justice Information Act | ||||||
14 | is amended by repealing Sections 7.7 and 7.8.
| ||||||
15 | (30 ILCS 105/5.990 rep.) | ||||||
16 | Section 70. The State Finance Act is amended by repealing | ||||||
17 | Section 5.990 as added by Public Act 102-1104.
| ||||||
18 | Section 75. The Community Partnership for Deflection and | ||||||
19 | Substance Use Disorder Treatment Act is amended by changing | ||||||
20 | Sections 1, 5, 10, 15, 20, 30, and 35 as follows:
| ||||||
21 | (50 ILCS 71/1) (was 5 ILCS 820/1) |
| |||||||
| |||||||
1 | Sec. 1. Short title. This Act may be cited as the | ||||||
2 | Community-Law Enforcement Community Partnership for Deflection | ||||||
3 | and Substance Use Disorder Treatment Act. | ||||||
4 | (Source: P.A. 103-361, eff. 1-1-24.)
| ||||||
5 | (50 ILCS 71/5) (was 5 ILCS 820/5) | ||||||
6 | Sec. 5. Purposes. The General Assembly hereby acknowledges | ||||||
7 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
8 | are persistent and growing concerns for Illinois communities. | ||||||
9 | These concerns compound existing challenges to adequately | ||||||
10 | address and manage substance use and mental health disorders. | ||||||
11 | Local government agencies and , law enforcement officers , | ||||||
12 | other first responders, and co-responders have a unique | ||||||
13 | opportunity to facilitate connections to community-based | ||||||
14 | services, including case management, and mental and behavioral | ||||||
15 | health interventions that provide harm reduction or substance | ||||||
16 | use treatment and can help save and restore lives; help reduce | ||||||
17 | drug use, overdose incidence, criminal offending, and | ||||||
18 | recidivism; and help prevent arrest and conviction records | ||||||
19 | that destabilize health, families, and opportunities for | ||||||
20 | community citizenship and self-sufficiency. These efforts are | ||||||
21 | bolstered when pursued in partnership with licensed behavioral | ||||||
22 | health treatment providers and community members or | ||||||
23 | organizations. It is the intent of the General Assembly to | ||||||
24 | authorize law enforcement , other first responders, and local | ||||||
25 | government agencies to develop and implement collaborative |
| |||||||
| |||||||
1 | deflection programs in Illinois that offer immediate pathways | ||||||
2 | to substance use treatment and other services as an | ||||||
3 | alternative to traditional case processing and involvement in | ||||||
4 | the criminal justice system , and to unnecessary admission to | ||||||
5 | emergency departments . | ||||||
6 | (Source: P.A. 103-361, eff. 1-1-24.)
| ||||||
7 | (50 ILCS 71/10) (was 5 ILCS 820/10) | ||||||
8 | Sec. 10. Definitions. In this Act: | ||||||
9 | "Case management" means those services which use | ||||||
10 | evidence-based practices, including harm reduction and | ||||||
11 | motivational interviewing, to assist persons in gaining access | ||||||
12 | to needed social, educational, medical, substance use and | ||||||
13 | mental health treatment, and other services. | ||||||
14 | "Community member or organization" means an individual | ||||||
15 | volunteer, resident, public office, or a not-for-profit | ||||||
16 | organization, religious institution, charitable organization, | ||||||
17 | or other public body committed to the improvement of | ||||||
18 | individual and family mental and physical well-being and the | ||||||
19 | overall social welfare of the community, and may include | ||||||
20 | persons with lived experience in recovery from substance use | ||||||
21 | disorder, either themselves or as family members. | ||||||
22 | "Other first responder" means and includes emergency | ||||||
23 | medical services providers that are public units of | ||||||
24 | government, fire departments and districts, and officials and | ||||||
25 | responders representing and employed by these entities. |
| |||||||
| |||||||
1 | "Deflection program" means a program in which a peace | ||||||
2 | officer or member of a law enforcement agency , other first | ||||||
3 | responder, or local government agency facilitates contact | ||||||
4 | between an individual and a licensed substance use treatment | ||||||
5 | provider, clinician, or case management agency for assessment | ||||||
6 | and coordination of treatment planning , including co-responder | ||||||
7 | approaches that incorporate behavioral health, peer, or social | ||||||
8 | work professionals with law enforcement or other first | ||||||
9 | responders at the scene . This facilitation includes defined | ||||||
10 | criteria for eligibility and communication protocols agreed to | ||||||
11 | by the law enforcement agency or other first responder entity | ||||||
12 | and the licensed treatment provider or case management agency | ||||||
13 | for the purpose of providing substance use treatment or care | ||||||
14 | collaboration to those persons in lieu of arrest or further | ||||||
15 | justice system involvement , or unnecessary admissions to the | ||||||
16 | emergency department . Deflection programs may include, but are | ||||||
17 | not limited to, the following types of responses: | ||||||
18 | (1) a post-overdose deflection response initiated by a | ||||||
19 | peace officer or law enforcement agency subsequent to | ||||||
20 | emergency administration of medication to reverse an | ||||||
21 | overdose, or in cases of severe substance use disorder | ||||||
22 | with acute risk for overdose; | ||||||
23 | (2) a self-referral deflection response initiated by | ||||||
24 | an individual by contacting a peace officer, law | ||||||
25 | enforcement agency , other first responder, or local | ||||||
26 | government agency in the acknowledgment of their substance |
| |||||||
| |||||||
1 | use or disorder; | ||||||
2 | (3) an active outreach deflection response initiated | ||||||
3 | by a peace officer, law enforcement agency, other first | ||||||
4 | responder, or local government agency as a result of | ||||||
5 | proactive identification of persons thought likely to have | ||||||
6 | a substance use disorder or untreated or undiagnosed | ||||||
7 | mental illness; | ||||||
8 | (4) an officer , other first responder, or local | ||||||
9 | government agency prevention deflection response initiated | ||||||
10 | by a peace officer, law enforcement agency, or local | ||||||
11 | government agency in response to a community call when no | ||||||
12 | criminal charges are present; | ||||||
13 | (5) an officer intervention during routine activities, | ||||||
14 | such as patrol or response to a service call during which a | ||||||
15 | referral to treatment, to services, or to a case manager | ||||||
16 | is made in lieu of arrest. | ||||||
17 | "Harm reduction" means a reduction of, or attempt to | ||||||
18 | reduce, the adverse consequences of substance use, including, | ||||||
19 | but not limited to, by addressing the substance use and | ||||||
20 | conditions that give rise to the substance use. "Harm | ||||||
21 | reduction" includes, but is not limited to, syringe service | ||||||
22 | programs, naloxone distribution, and public awareness | ||||||
23 | campaigns about the Good Samaritan Act. | ||||||
24 | "Law enforcement agency" means a municipal police | ||||||
25 | department or county sheriff's office of this State, the | ||||||
26 | Illinois State Police, or other law enforcement agency whose |
| |||||||
| |||||||
1 | officers, by statute, are granted and authorized to exercise | ||||||
2 | powers similar to those conferred upon any peace officer | ||||||
3 | employed by a law enforcement agency of this State. | ||||||
4 | "Licensed treatment provider" means an organization | ||||||
5 | licensed by the Department of Human Services to perform an | ||||||
6 | activity or service, or a coordinated range of those | ||||||
7 | activities or services, as the Department of Human Services | ||||||
8 | may establish by rule, such as the broad range of emergency, | ||||||
9 | outpatient, intensive outpatient, and residential services and | ||||||
10 | care, including assessment, diagnosis, case management, | ||||||
11 | medical, psychiatric, psychological and social services, | ||||||
12 | medication-assisted treatment, care and counseling, and | ||||||
13 | recovery support, which may be extended to persons to assess | ||||||
14 | or treat substance use disorder or to families of those | ||||||
15 | persons. | ||||||
16 | "Local government agency" means a county, municipality, or | ||||||
17 | township office, a State's Attorney's Office, a Public | ||||||
18 | Defender's Office, or a local health department. | ||||||
19 | "Peace officer" means any peace officer or member of any | ||||||
20 | duly organized State, county, or municipal peace officer unit, | ||||||
21 | any police force of another State, or any police force whose | ||||||
22 | members, by statute, are granted and authorized to exercise | ||||||
23 | powers similar to those conferred upon any peace officer | ||||||
24 | employed by a law enforcement agency of this State. | ||||||
25 | "Substance use disorder" means a pattern of use of alcohol | ||||||
26 | or other drugs leading to clinical or functional impairment, |
| |||||||
| |||||||
1 | in accordance with the definition in the Diagnostic and | ||||||
2 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
3 | subsequent editions. | ||||||
4 | "Treatment" means the broad range of emergency, | ||||||
5 | outpatient, intensive outpatient, and residential services and | ||||||
6 | care (including assessment, diagnosis, case management, | ||||||
7 | medical, psychiatric, psychological and social services, | ||||||
8 | medication-assisted treatment, care and counseling, and | ||||||
9 | recovery support) which may be extended to persons who have | ||||||
10 | substance use disorders, persons with mental illness, or | ||||||
11 | families of those persons. | ||||||
12 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
13 | 103-361, eff. 1-1-24.)
| ||||||
14 | (50 ILCS 71/15) (was 5 ILCS 820/15) | ||||||
15 | Sec. 15. Authorization. | ||||||
16 | (a) Any law enforcement agency , other first responder | ||||||
17 | entity, or local government agency may establish a deflection | ||||||
18 | program subject to the provisions of this Act in partnership | ||||||
19 | with one or more licensed providers of substance use disorder | ||||||
20 | treatment services and one or more community members or | ||||||
21 | organizations. Programs established by another first responder | ||||||
22 | entity or a local government agency shall also include a law | ||||||
23 | enforcement agency. | ||||||
24 | (b) The deflection program may involve a post-overdose | ||||||
25 | deflection response, a self-referral deflection response, a |
| |||||||
| |||||||
1 | pre-arrest diversion response, an active outreach deflection | ||||||
2 | response, an officer or other first responder prevention | ||||||
3 | deflection response, or an officer intervention deflection | ||||||
4 | response, or any combination of those. | ||||||
5 | (c) Nothing shall preclude the General Assembly from | ||||||
6 | adding other responses to a deflection program, or preclude a | ||||||
7 | law enforcement agency , other first responder entity, or local | ||||||
8 | government agency from developing a deflection program | ||||||
9 | response based on a model unique and responsive to local | ||||||
10 | issues, substance use or mental health needs, and | ||||||
11 | partnerships, using sound and promising or evidence-based | ||||||
12 | practices. | ||||||
13 | (c-5) Whenever appropriate and available, case management | ||||||
14 | should be provided by a licensed treatment provider or other | ||||||
15 | appropriate provider and may include peer recovery support | ||||||
16 | approaches. | ||||||
17 | (d) To receive funding for activities as described in | ||||||
18 | Section 35 of this Act, planning for the deflection program | ||||||
19 | shall include: | ||||||
20 | (1) the involvement of one or more licensed treatment | ||||||
21 | programs and one or more community members or | ||||||
22 | organizations; and | ||||||
23 | (2) an agreement with the Illinois Criminal Justice | ||||||
24 | Information Authority to collect and evaluate relevant | ||||||
25 | statistical data related to the program, as established by | ||||||
26 | the Illinois Criminal Justice Information Authority in |
| |||||||
| |||||||
1 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
2 | (3) an agreement with participating licensed treatment | ||||||
3 | providers authorizing the release of statistical data to | ||||||
4 | the Illinois Criminal Justice Information Authority, in | ||||||
5 | compliance with State and Federal law, as established by | ||||||
6 | the Illinois Criminal Justice Information Authority in | ||||||
7 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
8 | (Source: P.A. 103-361, eff. 1-1-24.)
| ||||||
9 | (50 ILCS 71/20) (was 5 ILCS 820/20) | ||||||
10 | Sec. 20. Procedure. The law enforcement agency, other | ||||||
11 | first responder entity, local government agency, licensed | ||||||
12 | treatment providers, and community members or organizations | ||||||
13 | shall establish a local deflection program plan that includes | ||||||
14 | protocols and procedures for participant identification, | ||||||
15 | screening or assessment, case management, treatment | ||||||
16 | facilitation, reporting, restorative justice, and ongoing | ||||||
17 | involvement of the law enforcement agency. Licensed substance | ||||||
18 | use disorder treatment organizations shall adhere to 42 CFR | ||||||
19 | Part 2 regarding confidentiality regulations for information | ||||||
20 | exchange or release. Substance use disorder treatment services | ||||||
21 | shall adhere to all regulations specified in Department of | ||||||
22 | Human Services Administrative Rules, Parts 2060 and 2090. | ||||||
23 | A deflection program organized and operating under this | ||||||
24 | Act may accept, receive, and disburse, in furtherance of its | ||||||
25 | duties and functions, any funds, grants, and services made |
| |||||||
| |||||||
1 | available by the State and its agencies, the federal | ||||||
2 | government and its agencies, units of local government, and | ||||||
3 | private or civic sources. | ||||||
4 | (Source: P.A. 103-361, eff. 1-1-24.)
| ||||||
5 | (50 ILCS 71/30) (was 5 ILCS 820/30) | ||||||
6 | Sec. 30. Exemption from civil liability. The law | ||||||
7 | enforcement agency, peace officer , other first responder, or | ||||||
8 | local government agency or employee of the agency acting in | ||||||
9 | good faith shall not, as the result of acts or omissions in | ||||||
10 | providing services under Section 15 of this Act, be liable for | ||||||
11 | civil damages, unless the acts or omissions constitute willful | ||||||
12 | and wanton misconduct. | ||||||
13 | (Source: P.A. 103-361, eff. 1-1-24.)
| ||||||
14 | (50 ILCS 71/35) (was 5 ILCS 820/35) | ||||||
15 | Sec. 35. Funding. | ||||||
16 | (a) The General Assembly may appropriate funds to the | ||||||
17 | Illinois Criminal Justice Information Authority for the | ||||||
18 | purpose of funding law enforcement agencies , other first | ||||||
19 | responder entities, or local government agencies for services | ||||||
20 | provided by deflection program partners as part of deflection | ||||||
21 | programs subject to subsection (d) of Section 15 of this Act. | ||||||
22 | (Blank). (a.1) Up to 10 percent of appropriated funds may | ||||||
23 | be expended on activities related to knowledge dissemination, | ||||||
24 | training, technical assistance, or other similar activities |
| |||||||
| |||||||
1 | intended to increase practitioner and public awareness of | ||||||
2 | deflection and/or to support its implementation. The Illinois | ||||||
3 | Criminal Justice Information Authority may adopt guidelines | ||||||
4 | and requirements to direct the distribution of funds for these | ||||||
5 | activities. | ||||||
6 | (b) The For all appropriated funds not distributed under | ||||||
7 | subsection (a.1), the Illinois Criminal Justice Information | ||||||
8 | Authority may adopt guidelines and requirements to direct the | ||||||
9 | distribution of funds for expenses related to deflection | ||||||
10 | programs. Funding shall be made available to support both new | ||||||
11 | and existing deflection programs in a broad spectrum of | ||||||
12 | geographic regions in this State, including urban, suburban, | ||||||
13 | and rural communities. Funding for deflection programs shall | ||||||
14 | be prioritized for communities that have been impacted by the | ||||||
15 | war on drugs, communities that have a police/community | ||||||
16 | relations issue, and communities that have a disproportionate | ||||||
17 | lack of access to mental health and drug treatment. Activities | ||||||
18 | eligible for funding under this Act may include, but are not | ||||||
19 | limited to, the following: | ||||||
20 | (1) activities related to program administration, | ||||||
21 | coordination, or management, including, but not limited | ||||||
22 | to, the development of collaborative partnerships with | ||||||
23 | licensed treatment providers and community members or | ||||||
24 | organizations; collection of program data; or monitoring | ||||||
25 | of compliance with a local deflection program plan; | ||||||
26 | (2) case management including case management provided |
| |||||||
| |||||||
1 | prior to assessment, diagnosis, and engagement in | ||||||
2 | treatment, as well as assistance navigating and gaining | ||||||
3 | access to various treatment modalities and support | ||||||
4 | services; | ||||||
5 | (3) peer recovery or recovery support services that | ||||||
6 | include the perspectives of persons with the experience of | ||||||
7 | recovering from a substance use disorder, either | ||||||
8 | themselves or as family members; | ||||||
9 | (4) transportation to a licensed treatment provider or | ||||||
10 | other program partner location; | ||||||
11 | (5) program evaluation activities; | ||||||
12 | (6) (blank); naloxone and related harm reduction | ||||||
13 | supplies necessary for carrying out overdose prevention | ||||||
14 | and reversal for purposes of distribution to program | ||||||
15 | participants or for use by law enforcement, other first | ||||||
16 | responders, or local government agencies; | ||||||
17 | (7) (blank); and treatment necessary to prevent gaps | ||||||
18 | in service delivery between linkage and coverage by other | ||||||
19 | funding sources when otherwise non-reimbursable; and | ||||||
20 | (8) wraparound participant funds to be used to | ||||||
21 | incentivize participation and meet participant needs. | ||||||
22 | Eligible items include, but are not limited to, clothing, | ||||||
23 | transportation, application fees, emergency shelter, | ||||||
24 | utilities, toiletries, medical supplies, haircuts, and | ||||||
25 | snacks. Food and drink is allowed if it is necessary for | ||||||
26 | the program's success where it incentivizes participation |
| |||||||
| |||||||
1 | in case management or addresses an emergency need as a | ||||||
2 | bridge to self-sufficiency when other sources of emergency | ||||||
3 | food are not available. | ||||||
4 | (c) Specific linkage agreements with recovery support | ||||||
5 | services or self-help entities may be a requirement of the | ||||||
6 | program services protocols. All deflection programs shall | ||||||
7 | encourage the involvement of key family members and | ||||||
8 | significant others as a part of a family-based approach to | ||||||
9 | treatment. All deflection programs are encouraged to use | ||||||
10 | evidence-based practices and outcome measures in the provision | ||||||
11 | of case management, substance use disorder treatment, and | ||||||
12 | medication-assisted treatment for persons with opioid use | ||||||
13 | disorders. | ||||||
14 | (Source: P.A. 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.)
| ||||||
15 | (50 ILCS 71/21 rep.) | ||||||
16 | Section 80. The Community Partnership for Deflection and | ||||||
17 | Substance Use Disorder Treatment Act is amended by repealing | ||||||
18 | Section 21.
| ||||||
19 | (50 ILCS 105/4.1 rep.) | ||||||
20 | Section 85. The Public Officer Prohibited Activities Act | ||||||
21 | is amended by repealing Section 4.1.
| ||||||
22 | Section 90. The Local Records Act is amended by changing | ||||||
23 | Section 3b as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 205/3b) | ||||||
2 | Sec. 3b. Arrest records and reports. | ||||||
3 | (a) When an individual is arrested, the following | ||||||
4 | information must be made available to the news media for | ||||||
5 | inspection and copying: | ||||||
6 | (1) Information that identifies the individual, | ||||||
7 | including the name, age, address, and photograph, when and | ||||||
8 | if available. | ||||||
9 | (2) Information detailing any charges relating to the | ||||||
10 | arrest. | ||||||
11 | (3) The time and location of the arrest. | ||||||
12 | (4) The name of the investigating or arresting law | ||||||
13 | enforcement agency. | ||||||
14 | (5) (Blank). | ||||||
15 | (5.1) If the individual is incarcerated, the amount of | ||||||
16 | any bail or bond. | ||||||
17 | (6) If the individual is incarcerated, the time and | ||||||
18 | date that the individual was received, discharged, or | ||||||
19 | transferred from the arresting agency's custody. | ||||||
20 | (b) The information required by this Section must be made | ||||||
21 | available to the news media for inspection and copying as soon | ||||||
22 | as practicable, but in no event shall the time period exceed 72 | ||||||
23 | hours from the arrest. The information described in paragraphs | ||||||
24 | (3), (4), (5), and (6) of subsection (a), however, may be | ||||||
25 | withheld if it is determined that disclosure would: |
| |||||||
| |||||||
1 | (1) interfere with pending or actually and reasonably | ||||||
2 | contemplated law enforcement proceedings conducted by any | ||||||
3 | law enforcement or correctional agency; | ||||||
4 | (2) endanger the life or physical safety of law | ||||||
5 | enforcement or correctional personnel or any other person; | ||||||
6 | or | ||||||
7 | (3) compromise the security of any correctional | ||||||
8 | facility. | ||||||
9 | (c) For the purposes of this Section the term "news media" | ||||||
10 | means personnel of a newspaper or other periodical issued at | ||||||
11 | regular intervals whether in print or electronic format, a | ||||||
12 | news service whether in print or electronic format, a radio | ||||||
13 | station, a television station, a television network, a | ||||||
14 | community antenna television service, or a person or | ||||||
15 | corporation engaged in making news reels or other motion | ||||||
16 | picture news for public showing. | ||||||
17 | (d) Each law enforcement or correctional agency may charge | ||||||
18 | fees for arrest records, but in no instance may the fee exceed | ||||||
19 | the actual cost of copying and reproduction. The fees may not | ||||||
20 | include the cost of the labor used to reproduce the arrest | ||||||
21 | record. | ||||||
22 | (e) The provisions of this Section do not supersede the | ||||||
23 | confidentiality provisions for arrest records of the Juvenile | ||||||
24 | Court Act of 1987. | ||||||
25 | (f) All information, including photographs, made available | ||||||
26 | under this Section is subject to the provisions of Section |
| |||||||
| |||||||
1 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
2 | Act. | ||||||
3 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
4 | (50 ILCS 205/25 rep.) | ||||||
5 | Section 95. The Local Records Act is amended by repealing | ||||||
6 | Section 25.
| ||||||
7 | Section 100. The Illinois Police Training Act is amended | ||||||
8 | by changing Sections 6.2 and 10.17 as follows:
| ||||||
9 | (50 ILCS 705/6.2) | ||||||
10 | Sec. 6.2. Officer professional conduct database. In order | ||||||
11 | to ensure the continuing effectiveness of this Section, it is | ||||||
12 | set forth in full and reenacted by this amendatory Act of the | ||||||
13 | 102nd General Assembly. This reenactment is intended as a | ||||||
14 | continuation of this Section. This reenactment is not intended | ||||||
15 | to supersede any amendment to this Section that may be made by | ||||||
16 | any other Public Act of the 102nd General Assembly. | ||||||
17 | (a) All law enforcement agencies shall notify the Board of | ||||||
18 | any final determination of willful violation of department or | ||||||
19 | agency policy, official misconduct, or violation of law when: | ||||||
20 | (1) the officer is discharged or dismissed as a result | ||||||
21 | of the violation; or | ||||||
22 | (2) the officer resigns during the course of an | ||||||
23 | investigation and after the officer has been served notice |
| |||||||
| |||||||
1 | that he or she is under investigation that is based on the | ||||||
2 | commission of a Class 2 or greater any felony or sex | ||||||
3 | offense . | ||||||
4 | The agency shall report to the Board within 30 days of a | ||||||
5 | final decision of discharge or dismissal and final exhaustion | ||||||
6 | of any appeal, or resignation, and shall provide information | ||||||
7 | regarding the nature of the violation. | ||||||
8 | (b) Upon receiving notification from a law enforcement | ||||||
9 | agency, the Board must notify the law enforcement officer of | ||||||
10 | the report and his or her right to provide a statement | ||||||
11 | regarding the reported violation. | ||||||
12 | (c) The Board shall maintain a database readily available | ||||||
13 | to any chief administrative officer, or his or her designee, | ||||||
14 | of a law enforcement agency or any State's Attorney that shall | ||||||
15 | show each reported instance, including the name of the | ||||||
16 | officer, the nature of the violation, reason for the final | ||||||
17 | decision of discharge or dismissal, and any statement provided | ||||||
18 | by the officer. | ||||||
19 | (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, | ||||||
20 | Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22. | ||||||
21 | Reenacted and changed by 102-694, eff. 1-7-22 .)
| ||||||
22 | (50 ILCS 705/10.17) | ||||||
23 | Sec. 10.17. Crisis intervention team training; mental | ||||||
24 | health awareness training. | ||||||
25 | (a) The Illinois Law Enforcement Training Standards Board |
| |||||||
| |||||||
1 | shall develop and approve a standard curriculum for certified | ||||||
2 | training programs in crisis intervention , including a | ||||||
3 | specialty certification course of at least 40 hours, | ||||||
4 | addressing specialized policing responses to people with | ||||||
5 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
6 | Team (CIT) training programs that train officers to identify | ||||||
7 | signs and symptoms of mental illness, to de-escalate | ||||||
8 | situations involving individuals who appear to have a mental | ||||||
9 | illness, and connect that person in crisis to treatment. | ||||||
10 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
11 | collaboration between law enforcement professionals, mental | ||||||
12 | health providers, families, and consumer advocates and must | ||||||
13 | minimally include the following components: (1) basic | ||||||
14 | information about mental illnesses and how to recognize them; | ||||||
15 | (2) information about mental health laws and resources; (3) | ||||||
16 | learning from family members of individuals with mental | ||||||
17 | illness and their experiences; and (4) verbal de-escalation | ||||||
18 | training and role-plays. Officers who have successfully | ||||||
19 | completed this program shall be issued a certificate attesting | ||||||
20 | to their attendance of a Crisis Intervention Team (CIT) | ||||||
21 | training program. | ||||||
22 | (b) The Board shall create an introductory course | ||||||
23 | incorporating adult learning models that provides law | ||||||
24 | enforcement officers with an awareness of mental health issues | ||||||
25 | including a history of the mental health system, types of | ||||||
26 | mental health illness including signs and symptoms of mental |
| |||||||
| |||||||
1 | illness and common treatments and medications, and the | ||||||
2 | potential interactions law enforcement officers may have on a | ||||||
3 | regular basis with these individuals, their families, and | ||||||
4 | service providers including de-escalating a potential crisis | ||||||
5 | situation. This course, in addition to other traditional | ||||||
6 | learning settings, may be made available in an electronic | ||||||
7 | format. | ||||||
8 | The amendatory changes to this Section made by Public Act | ||||||
9 | 101-652 shall take effect January 1, 2022. | ||||||
10 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
| ||||||
11 | (50 ILCS 705/10.6 rep.) | ||||||
12 | Section 105. The Illinois Police Training Act is amended | ||||||
13 | by repealing Section 10.6.
| ||||||
14 | Section 110. The Law Enforcement Officer-Worn Body Camera | ||||||
15 | Act is amended by changing Sections 10-10, 10-15, 10-20, and | ||||||
16 | 10-25 as follows:
| ||||||
17 | (50 ILCS 706/10-10) | ||||||
18 | Sec. 10-10. Definitions. As used in this Act: | ||||||
19 | "Badge" means an officer's department issued | ||||||
20 | identification number associated with his or her position as a | ||||||
21 | police officer with that department. | ||||||
22 | "Board" means the Illinois Law Enforcement Training | ||||||
23 | Standards Board created by the Illinois Police Training Act. |
| |||||||
| |||||||
1 | "Business offense" means a petty offense for which the | ||||||
2 | fine is in excess of $1,000. | ||||||
3 | "Community caretaking function" means a task undertaken by | ||||||
4 | a law enforcement officer in which the officer is performing | ||||||
5 | an articulable act unrelated to the investigation of a crime. | ||||||
6 | "Community caretaking function" includes, but is not limited | ||||||
7 | to, participating in town halls or other community outreach, | ||||||
8 | helping a child find his or her parents, providing death | ||||||
9 | notifications, and performing in-home or hospital well-being | ||||||
10 | checks on the sick, elderly, or persons presumed missing. | ||||||
11 | "Community caretaking function" excludes law | ||||||
12 | enforcement-related encounters or activities. | ||||||
13 | "Fund" means the Law Enforcement Camera Grant Fund. | ||||||
14 | "In uniform" means a law enforcement officer who is | ||||||
15 | wearing any officially authorized uniform designated by a law | ||||||
16 | enforcement agency, or a law enforcement officer who is | ||||||
17 | visibly wearing articles of clothing, a badge, tactical gear, | ||||||
18 | gun belt, a patch, or other insignia that he or she is a law | ||||||
19 | enforcement officer acting in the course of his or her duties. | ||||||
20 | "Law enforcement officer" or "officer" means any person | ||||||
21 | employed by a State, county, municipality, special district, | ||||||
22 | college, unit of government, or any other entity authorized by | ||||||
23 | law to employ peace officers or exercise police authority and | ||||||
24 | who is primarily responsible for the prevention or detection | ||||||
25 | of crime and the enforcement of the laws of this State. | ||||||
26 | "Law enforcement agency" means all State agencies with law |
| |||||||
| |||||||
1 | enforcement officers, county sheriff's offices, municipal, | ||||||
2 | special district, college, or unit of local government police | ||||||
3 | departments. | ||||||
4 | "Law enforcement-related encounters or activities" | ||||||
5 | include, but are not limited to, traffic stops, pedestrian | ||||||
6 | stops, arrests, searches, interrogations, investigations, | ||||||
7 | pursuits, crowd control, traffic control, non-community | ||||||
8 | caretaking interactions with an individual while on patrol, or | ||||||
9 | any other instance in which the officer is enforcing the laws | ||||||
10 | of the municipality, county, or State. "Law | ||||||
11 | enforcement-related encounter or activities" does not include | ||||||
12 | when the officer is completing paperwork alone , is | ||||||
13 | participating in training in a classroom setting, or is only | ||||||
14 | in the presence of another law enforcement officer. | ||||||
15 | "Minor traffic offense" means a petty offense, business | ||||||
16 | offense, or Class C misdemeanor under the Illinois Vehicle | ||||||
17 | Code or a similar provision of a municipal or local ordinance. | ||||||
18 | "Officer-worn body camera" means an electronic camera | ||||||
19 | system for creating, generating, sending, receiving, storing, | ||||||
20 | displaying, and processing audiovisual recordings that may be | ||||||
21 | worn about the person of a law enforcement officer. | ||||||
22 | "Peace officer" has the meaning provided in Section 2-13 | ||||||
23 | of the Criminal Code of 2012. | ||||||
24 | "Petty offense" means any offense for which a sentence of | ||||||
25 | imprisonment is not an authorized disposition. | ||||||
26 | "Recording" means the process of capturing data or |
| |||||||
| |||||||
1 | information stored on a recording medium as required under | ||||||
2 | this Act. | ||||||
3 | "Recording medium" means any recording medium authorized | ||||||
4 | by the Board for the retention and playback of recorded audio | ||||||
5 | and video including, but not limited to, VHS, DVD, hard drive, | ||||||
6 | cloud storage, solid state, digital, flash memory technology, | ||||||
7 | or any other electronic medium. | ||||||
8 | (Source: P.A. 102-1104, eff. 12-6-22.)
| ||||||
9 | (50 ILCS 706/10-15) | ||||||
10 | Sec. 10-15. Applicability. Any law enforcement agency | ||||||
11 | which employs the use of officer-worn body cameras is subject | ||||||
12 | to the provisions of this Act, whether or not the agency | ||||||
13 | receives or has received monies from the Law Enforcement | ||||||
14 | Camera Grant Fund. (a) All law enforcement agencies must | ||||||
15 | employ the use of officer-worn body cameras in accordance with | ||||||
16 | the provisions of this Act, whether or not the agency receives | ||||||
17 | or has received monies from the Law Enforcement Camera Grant | ||||||
18 | Fund. | ||||||
19 | (b) Except as provided in subsection (b-5), all law | ||||||
20 | enforcement agencies must implement the use of body cameras | ||||||
21 | for all law enforcement officers, according to the following | ||||||
22 | schedule: | ||||||
23 | (1) for municipalities and counties with populations | ||||||
24 | of 500,000 or more, body cameras shall be implemented by | ||||||
25 | January 1, 2022; |
| |||||||
| |||||||
1 | (2) for municipalities and counties with populations | ||||||
2 | of 100,000 or more but under 500,000, body cameras shall | ||||||
3 | be implemented by January 1, 2023; | ||||||
4 | (3) for municipalities and counties with populations | ||||||
5 | of 50,000 or more but under 100,000, body cameras shall be | ||||||
6 | implemented by January 1, 2024; | ||||||
7 | (4) for municipalities and counties under 50,000, body | ||||||
8 | cameras shall be implemented by January 1, 2025; and | ||||||
9 | (5) for all State agencies with law enforcement | ||||||
10 | officers and other remaining law enforcement agencies, | ||||||
11 | body cameras shall be implemented by January 1, 2025. | ||||||
12 | (b-5) If a law enforcement agency that serves a | ||||||
13 | municipality with a population of at least 100,000 but not | ||||||
14 | more than 500,000 or a law enforcement agency that serves a | ||||||
15 | county with a population of at least 100,000 but not more than | ||||||
16 | 500,000 has ordered by October 1, 2022 or purchased by that | ||||||
17 | date officer-worn body cameras for use by the law enforcement | ||||||
18 | agency, then the law enforcement agency may implement the use | ||||||
19 | of body cameras for all of its law enforcement officers by no | ||||||
20 | later than July 1, 2023. Records of purchase within this | ||||||
21 | timeline shall be submitted to the Illinois Law Enforcement | ||||||
22 | Training Standards Board by January 1, 2023. | ||||||
23 | (c) A law enforcement agency's compliance with the | ||||||
24 | requirements under this Section shall receive preference by | ||||||
25 | the Illinois Law Enforcement Training Standards Board in | ||||||
26 | awarding grant funding under the Law Enforcement Camera Grant |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (d) This Section does not apply to court security | ||||||
3 | officers, State's Attorney investigators, and Attorney General | ||||||
4 | investigators. | ||||||
5 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
6 | 102-1104, eff. 12-6-22.)
| ||||||
7 | (50 ILCS 706/10-20) | ||||||
8 | Sec. 10-20. Requirements. | ||||||
9 | (a) The Board shall develop basic guidelines for the use | ||||||
10 | of officer-worn body cameras by law enforcement agencies. The | ||||||
11 | guidelines developed by the Board shall be the basis for the | ||||||
12 | written policy which must be adopted by each law enforcement | ||||||
13 | agency which employs the use of officer-worn body cameras. The | ||||||
14 | written policy adopted by the law enforcement agency must | ||||||
15 | include, at a minimum, all of the following: | ||||||
16 | (1) Cameras must be equipped with pre-event recording, | ||||||
17 | capable of recording at least the 30 seconds prior to | ||||||
18 | camera activation, unless the officer-worn body camera was | ||||||
19 | purchased and acquired by the law enforcement agency prior | ||||||
20 | to July 1, 2015. | ||||||
21 | (2) Cameras must be capable of recording for a period | ||||||
22 | of 10 hours or more, unless the officer-worn body camera | ||||||
23 | was purchased and acquired by the law enforcement agency | ||||||
24 | prior to July 1, 2015. | ||||||
25 | (3) Cameras must be turned on at all times when the |
| |||||||
| |||||||
1 | officer is in uniform and is responding to calls for | ||||||
2 | service or engaged in any law enforcement-related | ||||||
3 | encounter or activity , that occurs while the officer is on | ||||||
4 | duty. | ||||||
5 | (A) If exigent circumstances exist which prevent | ||||||
6 | the camera from being turned on, the camera must be | ||||||
7 | turned on as soon as practicable. | ||||||
8 | (B) Officer-worn body cameras may be turned off | ||||||
9 | when the officer is inside of a patrol car which is | ||||||
10 | equipped with a functioning in-car camera; however, | ||||||
11 | the officer must turn on the camera upon exiting the | ||||||
12 | patrol vehicle for law enforcement-related encounters. | ||||||
13 | (C) Officer-worn body cameras may be turned off | ||||||
14 | when the officer is inside a correctional facility or | ||||||
15 | courthouse which is equipped with a functioning camera | ||||||
16 | system. | ||||||
17 | (4) Cameras must be turned off when: | ||||||
18 | (A) the victim of a crime requests that the camera | ||||||
19 | be turned off, and unless impractical or impossible, | ||||||
20 | that request is made on the recording; | ||||||
21 | (B) a witness of a crime or a community member who | ||||||
22 | wishes to report a crime requests that the camera be | ||||||
23 | turned off, and unless impractical or impossible that | ||||||
24 | request is made on the recording; | ||||||
25 | (C) the officer is interacting with a confidential | ||||||
26 | informant used by the law enforcement agency; or |
| |||||||
| |||||||
1 | (D) an officer of the Department of Revenue enters | ||||||
2 | a Department of Revenue facility or conducts an | ||||||
3 | interview during which return information will be | ||||||
4 | discussed or visible. | ||||||
5 | However, an officer may continue to record or resume | ||||||
6 | recording a victim or a witness, if exigent circumstances | ||||||
7 | exist, or if the officer has reasonable articulable | ||||||
8 | suspicion that a victim or witness, or confidential | ||||||
9 | informant has committed or is in the process of committing | ||||||
10 | a crime. Under these circumstances, and unless impractical | ||||||
11 | or impossible, the officer must indicate on the recording | ||||||
12 | the reason for continuing to record despite the request of | ||||||
13 | the victim or witness. | ||||||
14 | (4.5) Cameras may be turned off when the officer is | ||||||
15 | engaged in community caretaking functions. However, the | ||||||
16 | camera must be turned on when the officer has reason to | ||||||
17 | believe that the person on whose behalf the officer is | ||||||
18 | performing a community caretaking function has committed | ||||||
19 | or is in the process of committing a crime. If exigent | ||||||
20 | circumstances exist which prevent the camera from being | ||||||
21 | turned on, the camera must be turned on as soon as | ||||||
22 | practicable. | ||||||
23 | (5) The officer must provide notice of recording to | ||||||
24 | any person if the person has a reasonable expectation of | ||||||
25 | privacy and proof of notice must be evident in the | ||||||
26 | recording. If exigent circumstances exist which prevent |
| |||||||
| |||||||
1 | the officer from providing notice, notice must be provided | ||||||
2 | as soon as practicable. | ||||||
3 | (6) (A) For the purposes of redaction , labeling, or | ||||||
4 | duplicating recordings, access to camera recordings shall | ||||||
5 | be restricted to only those personnel responsible for | ||||||
6 | those purposes. The recording officer or his or her | ||||||
7 | supervisor may not redact, label, duplicate , or otherwise | ||||||
8 | alter the recording officer's camera recordings. Except as | ||||||
9 | otherwise provided in this Section, the recording officer | ||||||
10 | and his or her supervisor may access and review recordings | ||||||
11 | prior to completing incident reports or other | ||||||
12 | documentation, provided that the officer or his or her | ||||||
13 | supervisor discloses that fact in the report or | ||||||
14 | documentation. | ||||||
15 | (i) A law enforcement officer shall not have | ||||||
16 | access to or review his or her body-worn camera | ||||||
17 | recordings or the body-worn camera recordings of | ||||||
18 | another officer prior to completing incident reports | ||||||
19 | or other documentation when the officer: | ||||||
20 | (a) has been involved in or is a witness to an | ||||||
21 | officer-involved shooting, use of deadly force | ||||||
22 | incident, or use of force incidents resulting in | ||||||
23 | great bodily harm; | ||||||
24 | (b) is ordered to write a report in response | ||||||
25 | to or during the investigation of a misconduct | ||||||
26 | complaint against the officer. |
| |||||||
| |||||||
1 | (ii) If the officer subject to subparagraph (i) | ||||||
2 | prepares a report, any report shall be prepared | ||||||
3 | without viewing body-worn camera recordings, and | ||||||
4 | subject to supervisor's approval, officers may file | ||||||
5 | amendatory reports after viewing body-worn camera | ||||||
6 | recordings. Supplemental reports under this provision | ||||||
7 | shall also contain documentation regarding access to | ||||||
8 | the video footage. | ||||||
9 | (B) The recording officer's assigned field | ||||||
10 | training officer may access and review recordings for | ||||||
11 | training purposes. Any detective or investigator | ||||||
12 | directly involved in the investigation of a matter may | ||||||
13 | access and review recordings which pertain to that | ||||||
14 | investigation but may not have access to delete or | ||||||
15 | alter such recordings. | ||||||
16 | (7) Recordings made on officer-worn cameras must be | ||||||
17 | retained by the law enforcement agency or by the camera | ||||||
18 | vendor used by the agency, on a recording medium for a | ||||||
19 | period of 90 days. | ||||||
20 | (A) Under no circumstances shall any recording, | ||||||
21 | except for a non-law enforcement related activity or | ||||||
22 | encounter, made with an officer-worn body camera be | ||||||
23 | altered, erased, or destroyed prior to the expiration | ||||||
24 | of the 90-day storage period. In the event any | ||||||
25 | recording made with an officer-worn body camera is | ||||||
26 | altered, erased, or destroyed prior to the expiration |
| |||||||
| |||||||
1 | of the 90-day storage period, the law enforcement | ||||||
2 | agency shall maintain, for a period of one year, a | ||||||
3 | written record including (i) the name of the | ||||||
4 | individual who made such alteration, erasure, or | ||||||
5 | destruction, and (ii) the reason for any such | ||||||
6 | alteration, erasure, or destruction. | ||||||
7 | (B) Following the 90-day storage period, any and | ||||||
8 | all recordings made with an officer-worn body camera | ||||||
9 | must be destroyed, unless any encounter captured on | ||||||
10 | the recording has been flagged. An encounter is deemed | ||||||
11 | to be flagged when: | ||||||
12 | (i) a formal or informal complaint has been | ||||||
13 | filed; | ||||||
14 | (ii) the officer discharged his or her firearm | ||||||
15 | or used force during the encounter; | ||||||
16 | (iii) death or great bodily harm occurred to | ||||||
17 | any person in the recording; | ||||||
18 | (iv) the encounter resulted in a detention or | ||||||
19 | an arrest, excluding traffic stops which resulted | ||||||
20 | in only a minor traffic offense or business | ||||||
21 | offense; | ||||||
22 | (v) the officer is the subject of an internal | ||||||
23 | investigation or otherwise being investigated for | ||||||
24 | possible misconduct; | ||||||
25 | (vi) the supervisor of the officer, | ||||||
26 | prosecutor, defendant, or court determines that |
| |||||||
| |||||||
1 | the encounter has evidentiary value in a criminal | ||||||
2 | prosecution; or | ||||||
3 | (vii) the recording officer requests that the | ||||||
4 | video be flagged for official purposes related to | ||||||
5 | his or her official duties or believes it may have | ||||||
6 | evidentiary value in a criminal prosecution . | ||||||
7 | (C) Under no circumstances shall any recording | ||||||
8 | made with an officer-worn body camera relating to a | ||||||
9 | flagged encounter be altered or destroyed prior to 2 | ||||||
10 | years after the recording was flagged. If the flagged | ||||||
11 | recording was used in a criminal, civil, or | ||||||
12 | administrative proceeding, the recording shall not be | ||||||
13 | destroyed except upon a final disposition and order | ||||||
14 | from the court. | ||||||
15 | (D) Nothing in this Act prohibits law enforcement | ||||||
16 | agencies from labeling officer-worn body camera video | ||||||
17 | within the recording medium; provided that the | ||||||
18 | labeling does not alter the actual recording of the | ||||||
19 | incident captured on the officer-worn body camera. The | ||||||
20 | labels, titles, and tags shall not be construed as | ||||||
21 | altering the officer-worn body camera video in any | ||||||
22 | way. | ||||||
23 | (8) Following the 90-day storage period, recordings | ||||||
24 | may be retained if a supervisor at the law enforcement | ||||||
25 | agency designates the recording for training purposes. If | ||||||
26 | the recording is designated for training purposes, the |
| |||||||
| |||||||
1 | recordings may be viewed by officers, in the presence of a | ||||||
2 | supervisor or training instructor, for the purposes of | ||||||
3 | instruction, training, or ensuring compliance with agency | ||||||
4 | policies. | ||||||
5 | (9) Recordings shall not be used to discipline law | ||||||
6 | enforcement officers unless: | ||||||
7 | (A) a formal or informal complaint of misconduct | ||||||
8 | has been made; | ||||||
9 | (B) a use of force incident has occurred; | ||||||
10 | (C) the encounter on the recording could result in | ||||||
11 | a formal investigation under the Uniform Peace | ||||||
12 | Officers' Disciplinary Act; or | ||||||
13 | (D) as corroboration of other evidence of | ||||||
14 | misconduct. | ||||||
15 | Nothing in this paragraph (9) shall be construed to | ||||||
16 | limit or prohibit a law enforcement officer from being | ||||||
17 | subject to an action that does not amount to discipline. | ||||||
18 | (10) The law enforcement agency shall ensure proper | ||||||
19 | care and maintenance of officer-worn body cameras. Upon | ||||||
20 | becoming aware, officers must as soon as practical | ||||||
21 | document and notify the appropriate supervisor of any | ||||||
22 | technical difficulties, failures, or problems with the | ||||||
23 | officer-worn body camera or associated equipment. Upon | ||||||
24 | receiving notice, the appropriate supervisor shall make | ||||||
25 | every reasonable effort to correct and repair any of the | ||||||
26 | officer-worn body camera equipment. |
| |||||||
| |||||||
1 | (11) No officer may hinder or prohibit any person, not | ||||||
2 | a law enforcement officer, from recording a law | ||||||
3 | enforcement officer in the performance of his or her | ||||||
4 | duties in a public place or when the officer has no | ||||||
5 | reasonable expectation of privacy. The law enforcement | ||||||
6 | agency's written policy shall indicate the potential | ||||||
7 | criminal penalties, as well as any departmental | ||||||
8 | discipline, which may result from unlawful confiscation or | ||||||
9 | destruction of the recording medium of a person who is not | ||||||
10 | a law enforcement officer. However, an officer may take | ||||||
11 | reasonable action to maintain safety and control, secure | ||||||
12 | crime scenes and accident sites, protect the integrity and | ||||||
13 | confidentiality of investigations, and protect the public | ||||||
14 | safety and order. | ||||||
15 | (b) Recordings made with the use of an officer-worn body | ||||||
16 | camera are not subject to disclosure under the Freedom of | ||||||
17 | Information Act, except that: | ||||||
18 | (1) if the subject of the encounter has a reasonable | ||||||
19 | expectation of privacy, at the time of the recording, any | ||||||
20 | recording which is flagged, due to the filing of a | ||||||
21 | complaint, discharge of a firearm, use of force, arrest or | ||||||
22 | detention, or resulting death or bodily harm, shall be | ||||||
23 | disclosed in accordance with the Freedom of Information | ||||||
24 | Act if: | ||||||
25 | (A) the subject of the encounter captured on the | ||||||
26 | recording is a victim or witness; and |
| |||||||
| |||||||
1 | (B) the law enforcement agency obtains written | ||||||
2 | permission of the subject or the subject's legal | ||||||
3 | representative; | ||||||
4 | (2) except as provided in paragraph (1) of this | ||||||
5 | subsection (b), any recording which is flagged due to the | ||||||
6 | filing of a complaint, discharge of a firearm, use of | ||||||
7 | force, arrest or detention, or resulting death or bodily | ||||||
8 | harm shall be disclosed in accordance with the Freedom of | ||||||
9 | Information Act; and | ||||||
10 | (3) upon request, the law enforcement agency shall | ||||||
11 | disclose, in accordance with the Freedom of Information | ||||||
12 | Act, the recording to the subject of the encounter | ||||||
13 | captured on the recording or to the subject's attorney, or | ||||||
14 | the officer or his or her legal representative. | ||||||
15 | For the purposes of paragraph (1) of this subsection (b), | ||||||
16 | the subject of the encounter does not have a reasonable | ||||||
17 | expectation of privacy if the subject was arrested as a result | ||||||
18 | of the encounter. For purposes of subparagraph (A) of | ||||||
19 | paragraph (1) of this subsection (b), "witness" does not | ||||||
20 | include a person who is a victim or who was arrested as a | ||||||
21 | result of the encounter. | ||||||
22 | Only recordings or portions of recordings responsive to | ||||||
23 | the request shall be available for inspection or reproduction. | ||||||
24 | Any recording disclosed under the Freedom of Information Act | ||||||
25 | shall be redacted to remove identification of any person that | ||||||
26 | appears on the recording and is not the officer, a subject of |
| |||||||
| |||||||
1 | the encounter, or directly involved in the encounter. Nothing | ||||||
2 | in this subsection (b) shall require the disclosure of any | ||||||
3 | recording or portion of any recording which would be exempt | ||||||
4 | from disclosure under the Freedom of Information Act. | ||||||
5 | (c) Nothing in this Section shall limit access to a camera | ||||||
6 | recording for the purposes of complying with Supreme Court | ||||||
7 | rules or the rules of evidence. | ||||||
8 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
9 | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. | ||||||
10 | 12-6-22.)
| ||||||
11 | (50 ILCS 706/10-25) | ||||||
12 | Sec. 10-25. Reporting. | ||||||
13 | (a) Each law enforcement agency which employs the use of | ||||||
14 | officer-worn body cameras must provide an annual report on the | ||||||
15 | use of officer-worn body cameras to the Board, on or before May | ||||||
16 | 1 of the year. The report shall include: | ||||||
17 | (1) a brief overview of the makeup of the agency, | ||||||
18 | including the number of officers utilizing officer-worn | ||||||
19 | body cameras; | ||||||
20 | (2) the number of officer-worn body cameras utilized | ||||||
21 | by the law enforcement agency; | ||||||
22 | (3) any technical issues with the equipment and how | ||||||
23 | those issues were remedied; | ||||||
24 | (4) a brief description of the review process used by | ||||||
25 | supervisors within the law enforcement agency; |
| |||||||
| |||||||
1 | (5) (blank); and | ||||||
2 | (5.1) for each recording used in prosecutions of | ||||||
3 | conservation, criminal, or traffic offenses or municipal | ||||||
4 | ordinance violations: | ||||||
5 | (A) the time, date, location, and precinct of the | ||||||
6 | incident; and | ||||||
7 | (B) the offense charged and the date charges were | ||||||
8 | filed; and | ||||||
9 | (6) any other information relevant to the | ||||||
10 | administration of the program. | ||||||
11 | (b) On or before July 30 of each year, the Board must | ||||||
12 | analyze the law enforcement agency reports and provide an | ||||||
13 | annual report to the General Assembly and the Governor. | ||||||
14 | (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
| ||||||
15 | Section 115. The Law Enforcement Camera Grant Act is | ||||||
16 | amended by changing Section 10 as follows:
| ||||||
17 | (50 ILCS 707/10) | ||||||
18 | Sec. 10. Law Enforcement Camera Grant Fund; creation, | ||||||
19 | rules. | ||||||
20 | (a) The Law Enforcement Camera Grant Fund is created as a | ||||||
21 | special fund in the State treasury. From appropriations to the | ||||||
22 | Board from the Fund, the Board must make grants to units of | ||||||
23 | local government in Illinois and Illinois public universities | ||||||
24 | for the purpose of (1) purchasing in-car video cameras for use |
| |||||||
| |||||||
1 | in law enforcement vehicles, (2) purchasing officer-worn body | ||||||
2 | cameras and associated technology for law enforcement | ||||||
3 | officers, and (3) training for law enforcement officers in the | ||||||
4 | operation of the cameras. Grants under this Section may be | ||||||
5 | used to offset data storage costs for officer-worn body | ||||||
6 | cameras. | ||||||
7 | Moneys received for the purposes of this Section, | ||||||
8 | including, without limitation, fee receipts and gifts, grants, | ||||||
9 | and awards from any public or private entity, must be | ||||||
10 | deposited into the Fund. Any interest earned on moneys in the | ||||||
11 | Fund must be deposited into the Fund. | ||||||
12 | (b) The Board may set requirements for the distribution of | ||||||
13 | grant moneys and determine which law enforcement agencies are | ||||||
14 | eligible. | ||||||
15 | (b-5) The Board shall consider compliance with the Uniform | ||||||
16 | Crime Reporting Act as a factor in awarding grant moneys. | ||||||
17 | (c) (Blank). | ||||||
18 | (d) (Blank). | ||||||
19 | (e) (Blank). | ||||||
20 | (f) (Blank). | ||||||
21 | (g) (Blank). | ||||||
22 | (h) (Blank). | ||||||
23 | (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
| ||||||
24 | Section 120. The Uniform Crime Reporting Act is amended by | ||||||
25 | changing Sections 5-10, 5-12, and 5-20 as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 709/5-10) | ||||||
2 | Sec. 5-10. Central repository of crime statistics. The | ||||||
3 | Illinois State Police shall be a central repository and | ||||||
4 | custodian of crime statistics for the State and shall have all | ||||||
5 | the power necessary to carry out the purposes of this Act, | ||||||
6 | including the power to demand and receive cooperation in the | ||||||
7 | submission of crime statistics from all law enforcement | ||||||
8 | agencies. All data and information provided to the Illinois | ||||||
9 | State Police under this Act must be provided in a manner and | ||||||
10 | form prescribed by the Illinois State Police. On an annual | ||||||
11 | basis, the Illinois State Police shall make available | ||||||
12 | compilations of crime statistics and monthly reporting | ||||||
13 | required to be reported by each law enforcement agency. | ||||||
14 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
15 | 102-813, eff. 5-13-22.)
| ||||||
16 | (50 ILCS 709/5-12) | ||||||
17 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
18 | shall submit to the Illinois State Police on a monthly basis | ||||||
19 | the following: | ||||||
20 | (1) beginning January 1, 2016, a report on any | ||||||
21 | arrest-related death that shall include information | ||||||
22 | regarding the deceased, the officer, any weapon used by | ||||||
23 | the officer or the deceased, and the circumstances of the | ||||||
24 | incident. The Illinois State Police shall submit on a |
| |||||||
| |||||||
1 | quarterly basis all information collected under this | ||||||
2 | paragraph (1) to the Illinois Criminal Justice Information | ||||||
3 | Authority, contingent upon updated federal guidelines | ||||||
4 | regarding the Uniform Crime Reporting Program; | ||||||
5 | (2) beginning January 1, 2017, a report on any | ||||||
6 | instance when a law enforcement officer discharges his or | ||||||
7 | her firearm causing a non-fatal injury to a person, during | ||||||
8 | the performance of his or her official duties or in the | ||||||
9 | line of duty; | ||||||
10 | (3) a report of incident-based information on hate | ||||||
11 | crimes including information describing the offense, | ||||||
12 | location of the offense, type of victim, offender, and | ||||||
13 | bias motivation. If no hate crime incidents occurred | ||||||
14 | during a reporting month, the law enforcement agency must | ||||||
15 | submit a no incident record, as required by the Illinois | ||||||
16 | State Police; | ||||||
17 | (4) a report on any incident of an alleged commission | ||||||
18 | of a domestic crime, that shall include information | ||||||
19 | regarding the victim, offender, date and time of the | ||||||
20 | incident, any injury inflicted, any weapons involved in | ||||||
21 | the commission of the offense, and the relationship | ||||||
22 | between the victim and the offender; | ||||||
23 | (5) data on an index of offenses selected by the | ||||||
24 | Illinois State Police based on the seriousness of the | ||||||
25 | offense, frequency of occurrence of the offense, and | ||||||
26 | likelihood of being reported to law enforcement. The data |
| |||||||
| |||||||
1 | shall include the number of index crime offenses committed | ||||||
2 | and number of associated arrests; and | ||||||
3 | (6) data on offenses and incidents reported by schools | ||||||
4 | to local law enforcement. The data shall include offenses | ||||||
5 | defined as an attack against school personnel, | ||||||
6 | intimidation offenses, drug incidents, and incidents | ||||||
7 | involving weapons . ; | ||||||
8 | (7) beginning on July 1, 2021, a report on incidents | ||||||
9 | where a law enforcement officer was dispatched to deal | ||||||
10 | with a person experiencing a mental health crisis or | ||||||
11 | incident. The report shall include the number of | ||||||
12 | incidents, the level of law enforcement response and the | ||||||
13 | outcome of each incident. For purposes of this Section, a | ||||||
14 | "mental health crisis" is when a person's behavior puts | ||||||
15 | them at risk of hurting themselves or others or prevents | ||||||
16 | them from being able to care for themselves; | ||||||
17 | (8) beginning on July 1, 2021, a report on use of | ||||||
18 | force, including any action that resulted in the death or | ||||||
19 | serious bodily injury of a person or the discharge of a | ||||||
20 | firearm at or in the direction of a person. The report | ||||||
21 | shall include information required by the Illinois State | ||||||
22 | Police, pursuant to Section 5-11 of this Act. | ||||||
23 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
24 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
25 | (50 ILCS 709/5-20) |
| |||||||
| |||||||
1 | Sec. 5-20. Reporting compliance. The Illinois State Police | ||||||
2 | shall annually report to the Illinois Law Enforcement Training | ||||||
3 | Standards Board and the Department of Revenue any law | ||||||
4 | enforcement agency not in compliance with the reporting | ||||||
5 | requirements under this Act. A law enforcement agency's | ||||||
6 | compliance with the reporting requirements under this Act | ||||||
7 | shall be a factor considered by the Illinois Law Enforcement | ||||||
8 | Training Standards Board in awarding grant funding under the | ||||||
9 | Law Enforcement Camera Grant Act , with preference to law | ||||||
10 | enforcement agencies which are in compliance with reporting | ||||||
11 | requirements under this Act . | ||||||
12 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
13 | 102-813, eff. 5-13-22.)
| ||||||
14 | (50 ILCS 709/5-11 rep.) | ||||||
15 | Section 125. The Uniform Crime Reporting Act is amended by | ||||||
16 | repealing Section 5-11.
| ||||||
17 | Section 130. The Uniform Peace Officers' Disciplinary Act | ||||||
18 | is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
| ||||||
19 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555) | ||||||
20 | Sec. 3.2. No officer shall be subjected to interrogation | ||||||
21 | without first being informed in writing of the nature of the | ||||||
22 | investigation. If an administrative proceeding is instituted, | ||||||
23 | the officer shall be informed beforehand of the names of all |
| |||||||
| |||||||
1 | complainants. The information shall be sufficient as to | ||||||
2 | reasonably apprise the officer of the nature of the | ||||||
3 | investigation. | ||||||
4 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
5 | (50 ILCS 725/3.4) (from Ch. 85, par. 2557) | ||||||
6 | Sec. 3.4. The officer under investigation shall be | ||||||
7 | informed in writing of the name, rank and unit or command of | ||||||
8 | the officer in charge of the investigation, the interrogators , | ||||||
9 | and all persons who will be present on the behalf of the | ||||||
10 | employer during any interrogation except at a public | ||||||
11 | administrative proceeding. The officer under investigation | ||||||
12 | shall inform the employer of any person who will be present on | ||||||
13 | his or her behalf during any interrogation except at a public | ||||||
14 | administrative hearing. | ||||||
15 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
16 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561) | ||||||
17 | Sec. 3.8. Admissions; counsel; verified complaint. | ||||||
18 | (a) No officer shall be interrogated without first being | ||||||
19 | advised in writing that admissions made in the course of the | ||||||
20 | interrogation may be used as evidence of misconduct or as the | ||||||
21 | basis for charges seeking suspension, removal, or discharge; | ||||||
22 | and without first being advised in writing that he or she has | ||||||
23 | the right to counsel of his or her choosing who may be present | ||||||
24 | to advise him or her at any stage of any interrogation. |
| |||||||
| |||||||
1 | (b) Anyone It shall not be a requirement for a person | ||||||
2 | filing a complaint against a sworn peace officer must to have | ||||||
3 | the complaint supported by a sworn affidavit . Any complaint, | ||||||
4 | having been supported by a sworn affidavit, and having been | ||||||
5 | found, in total or in part, to contain knowingly false | ||||||
6 | material information, shall be presented to the appropriate | ||||||
7 | State's Attorney for a determination of prosecution. or any | ||||||
8 | other legal documentation. This ban on an affidavit | ||||||
9 | requirement shall apply to any collective bargaining | ||||||
10 | agreements entered after the effective date of this provision. | ||||||
11 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
12 | Section 140. The Uniform Peace Officers' Disciplinary Act | ||||||
13 | is amended by adding Section 6.1 as follows:
| ||||||
14 | (50 ILCS 725/6.1 new) | ||||||
15 | Sec. 6.1. Applicability. Except as otherwise provided in | ||||||
16 | this Act, the provisions of this Act apply only to the extent | ||||||
17 | there is no collective bargaining agreement currently in | ||||||
18 | effect dealing with the subject matter of this Act.
| ||||||
19 | (50 ILCS 727/1-35 rep.) | ||||||
20 | Section 145. The Police and Community Relations | ||||||
21 | Improvement Act is amended by repealing Section 1-35.
| ||||||
22 | Section 150. The Counties Code is amended by changing |
| |||||||
| |||||||
1 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||||||
2 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001) | ||||||
3 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
4 | The fees of sheriffs in counties of the first and second class, | ||||||
5 | except when increased by county ordinance under this Section, | ||||||
6 | shall be as follows: | ||||||
7 | For serving or attempting to serve summons on each | ||||||
8 | defendant in each county, $10. | ||||||
9 | For serving or attempting to serve an order or judgment | ||||||
10 | granting injunctive relief in each county, $10. | ||||||
11 | For serving or attempting to serve each garnishee in each | ||||||
12 | county, $10. | ||||||
13 | For serving or attempting to serve an order for replevin | ||||||
14 | in each county, $10. | ||||||
15 | For serving or attempting to serve an order for attachment | ||||||
16 | on each defendant in each county, $10. | ||||||
17 | For serving or attempting to serve a warrant of arrest, | ||||||
18 | $8, to be paid upon conviction. | ||||||
19 | For returning a defendant from outside the State of | ||||||
20 | Illinois, upon conviction, the court shall assess, as court | ||||||
21 | costs, the cost of returning a defendant to the jurisdiction. | ||||||
22 | For taking special bail, $1 in each county. | ||||||
23 | For serving or attempting to serve a subpoena on each | ||||||
24 | witness, in each county, $10. | ||||||
25 | For advertising property for sale, $5. |
| |||||||
| |||||||
1 | For returning each process, in each county, $5. | ||||||
2 | Mileage for each mile of necessary travel to serve any | ||||||
3 | such process as Stated above, calculating from the place of | ||||||
4 | holding court to the place of residence of the defendant, or | ||||||
5 | witness, 50¢ each way. | ||||||
6 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
7 | all counties. | ||||||
8 | For serving or attempting to serve notice of judgments or | ||||||
9 | levying to enforce a judgment, $3 with 50¢ mileage each way in | ||||||
10 | all counties. | ||||||
11 | For taking possession of and removing property levied on, | ||||||
12 | the officer shall be allowed to tax the actual cost of such | ||||||
13 | possession or removal. | ||||||
14 | For feeding each prisoner, such compensation to cover the | ||||||
15 | actual cost as may be fixed by the county board, but such | ||||||
16 | compensation shall not be considered a part of the fees of the | ||||||
17 | office. | ||||||
18 | For attending before a court with prisoner, on an order | ||||||
19 | for habeas corpus, in each county, $10 per day. | ||||||
20 | For attending before a court with a prisoner in any | ||||||
21 | criminal proceeding, in each county, $10 per day. | ||||||
22 | For each mile of necessary travel in taking such prisoner | ||||||
23 | before the court as stated above, 15¢ a mile each way. | ||||||
24 | For serving or attempting to serve an order or judgment | ||||||
25 | for the possession of real estate in an action of ejectment or | ||||||
26 | in any other action, or for restitution in an eviction action |
| |||||||
| |||||||
1 | without aid, $10 and when aid is necessary, the sheriff shall | ||||||
2 | be allowed to tax in addition the actual costs thereof, and for | ||||||
3 | each mile of necessary travel, 50¢ each way. | ||||||
4 | For executing and acknowledging a deed of sale of real | ||||||
5 | estate, in counties of first class, $4; second class, $4. | ||||||
6 | For preparing, executing and acknowledging a deed on | ||||||
7 | redemption from a court sale of real estate in counties of | ||||||
8 | first class, $5; second class, $5. | ||||||
9 | For making certificates of sale, and making and filing | ||||||
10 | duplicate, in counties of first class, $3; in counties of the | ||||||
11 | second class, $3. | ||||||
12 | For making certificate of redemption, $3. | ||||||
13 | For certificate of levy and filing, $3, and the fee for | ||||||
14 | recording shall be advanced by the judgment creditor and | ||||||
15 | charged as costs. | ||||||
16 | For taking all civil bonds on legal process , civil and | ||||||
17 | criminal, in counties of first class, $1; in second class, $1. | ||||||
18 | For executing copies in criminal cases, $4 and mileage for | ||||||
19 | each mile of necessary travel, 20¢ each way. | ||||||
20 | For executing requisitions from other states, $5. | ||||||
21 | For conveying each prisoner from the prisoner's own county | ||||||
22 | to the jail of another county, or from another county to the | ||||||
23 | jail of the prisoner's county, per mile, for going, only, 30¢. | ||||||
24 | For conveying persons to the penitentiary, reformatories, | ||||||
25 | Illinois State Training School for Boys, Illinois State | ||||||
26 | Training School for Girls and Reception Centers, the following |
| |||||||
| |||||||
1 | fees, payable out of the State treasury. For each person who is | ||||||
2 | conveyed, 35¢ per mile in going only to the penitentiary, | ||||||
3 | reformatory, Illinois State Training School for Boys, Illinois | ||||||
4 | State Training School for Girls and Reception Centers, from | ||||||
5 | the place of conviction. | ||||||
6 | The fees provided for transporting persons to the | ||||||
7 | penitentiary, reformatories, Illinois State Training School | ||||||
8 | for Boys, Illinois State Training School for Girls and | ||||||
9 | Reception Centers shall be paid for each trip so made. Mileage | ||||||
10 | as used in this Section means the shortest practical route, | ||||||
11 | between the place from which the person is to be transported, | ||||||
12 | to the penitentiary, reformatories, Illinois State Training | ||||||
13 | School for Boys, Illinois State Training School for Girls and | ||||||
14 | Reception Centers and all fees per mile shall be computed on | ||||||
15 | such basis. | ||||||
16 | For conveying any person to or from any of the charitable | ||||||
17 | institutions of the State, when properly committed by | ||||||
18 | competent authority, when one person is conveyed, 35¢ per | ||||||
19 | mile; when two persons are conveyed at the same time, 35¢ per | ||||||
20 | mile for the first person and 20¢ per mile for the second | ||||||
21 | person; and 10¢ per mile for each additional person. | ||||||
22 | For conveying a person from the penitentiary to the county | ||||||
23 | jail when required by law, 35¢ per mile. | ||||||
24 | For attending Supreme Court, $10 per day. | ||||||
25 | In addition to the above fees there shall be allowed to the | ||||||
26 | sheriff a fee of $600 for the sale of real estate which is made |
| |||||||
| |||||||
1 | by virtue of any judgment of a court, except that in the case | ||||||
2 | of a sale of unimproved real estate which sells for $10,000 or | ||||||
3 | less, the fee shall be $150. In addition to this fee and all | ||||||
4 | other fees provided by this Section, there shall be allowed to | ||||||
5 | the sheriff a fee in accordance with the following schedule | ||||||
6 | for the sale of personal estate which is made by virtue of any | ||||||
7 | judgment of a court: | ||||||
8 | For judgments up to $1,000, $75; | ||||||
9 | For judgments from $1,001 to $15,000, $150; | ||||||
10 | For judgments over $15,000, $300. | ||||||
11 | The foregoing fees allowed by this Section are the maximum | ||||||
12 | fees that may be collected from any officer, agency, | ||||||
13 | department or other instrumentality of the State. The county | ||||||
14 | board may, however, by ordinance, increase the fees allowed by | ||||||
15 | this Section and collect those increased fees from all persons | ||||||
16 | and entities other than officers, agencies, departments and | ||||||
17 | other instrumentalities of the State if the increase is | ||||||
18 | justified by an acceptable cost study showing that the fees | ||||||
19 | allowed by this Section are not sufficient to cover the costs | ||||||
20 | of providing the service. A statement of the costs of | ||||||
21 | providing each service, program and activity shall be prepared | ||||||
22 | by the county board. All supporting documents shall be public | ||||||
23 | records and subject to public examination and audit. All | ||||||
24 | direct and indirect costs, as defined in the United States | ||||||
25 | Office of Management and Budget Circular A-87, may be included | ||||||
26 | in the determination of the costs of each service, program and |
| |||||||
| |||||||
1 | activity. | ||||||
2 | In all cases where the judgment is settled by the parties, | ||||||
3 | replevied, stopped by injunction or paid, or where the | ||||||
4 | property levied upon is not actually sold, the sheriff shall | ||||||
5 | be allowed his fee for levying and mileage, together with half | ||||||
6 | the fee for all money collected by him which he would be | ||||||
7 | entitled to if the same was made by sale to enforce the | ||||||
8 | judgment. In no case shall the fee exceed the amount of money | ||||||
9 | arising from the sale. | ||||||
10 | The fee requirements of this Section do not apply to | ||||||
11 | police departments or other law enforcement agencies. For the | ||||||
12 | purposes of this Section, "law enforcement agency" means an | ||||||
13 | agency of the State or unit of local government which is vested | ||||||
14 | by law or ordinance with the duty to maintain public order and | ||||||
15 | to enforce criminal laws. | ||||||
16 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
17 | 101-652, eff. 1-1-23 .)
| ||||||
18 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001) | ||||||
19 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
20 | officers herein named, in counties of the third class, shall | ||||||
21 | be entitled to receive the fees herein specified, for the | ||||||
22 | services mentioned and such other fees as may be provided by | ||||||
23 | law for such other services not herein designated. | ||||||
24 | Fees for Sheriff | ||||||
25 | For serving or attempting to serve any summons on each |
| |||||||
| |||||||
1 | defendant, $35. | ||||||
2 | For serving or attempting to serve each alias summons or | ||||||
3 | other process mileage will be charged as hereinafter provided | ||||||
4 | when the address for service differs from the address for | ||||||
5 | service on the original summons or other process. | ||||||
6 | For serving or attempting to serve all other process, on | ||||||
7 | each defendant, $35. | ||||||
8 | For serving or attempting to serve a subpoena on each | ||||||
9 | witness, $35. | ||||||
10 | For serving or attempting to serve each warrant, $35. | ||||||
11 | For serving or attempting to serve each garnishee, $35. | ||||||
12 | For summoning each juror, $10. | ||||||
13 | For serving or attempting to serve each order or judgment | ||||||
14 | for replevin, $35. | ||||||
15 | For serving or attempting to serve an order for | ||||||
16 | attachment, on each defendant, $35. | ||||||
17 | For serving or attempting to serve an order or judgment | ||||||
18 | for the possession of real estate in an action of ejectment or | ||||||
19 | in any other action, or for restitution in an eviction action, | ||||||
20 | without aid, $35, and when aid is necessary, the sheriff shall | ||||||
21 | be allowed to tax in addition the actual costs thereof. | ||||||
22 | For serving or attempting to serve notice of judgment, | ||||||
23 | $35. | ||||||
24 | For levying to satisfy an order in an action for | ||||||
25 | attachment, $25. | ||||||
26 | For executing order of court to seize personal property, |
| |||||||
| |||||||
1 | $25. | ||||||
2 | For making certificate of levy on real estate and filing | ||||||
3 | or recording same, $8, and the fee for filing or recording | ||||||
4 | shall be advanced by the plaintiff in attachment or by the | ||||||
5 | judgment creditor and taxed as costs. For taking possession of | ||||||
6 | or removing property levied on, the sheriff shall be allowed | ||||||
7 | to tax the necessary actual costs of such possession or | ||||||
8 | removal. | ||||||
9 | For advertising property for sale, $20. | ||||||
10 | For making certificate of sale and making and filing | ||||||
11 | duplicate for record, $15, and the fee for recording same | ||||||
12 | shall be advanced by the judgment creditor and taxed as costs. | ||||||
13 | For preparing, executing and acknowledging deed on | ||||||
14 | redemption from a court sale of real estate, $15; for | ||||||
15 | preparing, executing and acknowledging all other deeds on sale | ||||||
16 | of real estate, $10. | ||||||
17 | For making and filing certificate of redemption, $15, and | ||||||
18 | the fee for recording same shall be advanced by party making | ||||||
19 | the redemption and taxed as costs. | ||||||
20 | For making and filing certificate of redemption from a | ||||||
21 | court sale, $11, and the fee for recording same shall be | ||||||
22 | advanced by the party making the redemption and taxed as | ||||||
23 | costs. | ||||||
24 | For taking all bonds on legal process, $10. | ||||||
25 | For taking special bail, $5. | ||||||
26 | For returning each process, $15. |
| |||||||
| |||||||
1 | Mileage for service or attempted service of all process is | ||||||
2 | a $10 flat fee. | ||||||
3 | For attending before a court with a prisoner on an order | ||||||
4 | for habeas corpus, $9 per day. | ||||||
5 | For executing requisitions from other States, $13. | ||||||
6 | For conveying each prisoner from the prisoner's county to | ||||||
7 | the jail of another county, per mile for going only, 25¢. | ||||||
8 | For committing to or discharging each prisoner from jail, | ||||||
9 | $3. | ||||||
10 | For feeding each prisoner, such compensation to cover | ||||||
11 | actual costs as may be fixed by the county board, but such | ||||||
12 | compensation shall not be considered a part of the fees of the | ||||||
13 | office. | ||||||
14 | For committing each prisoner to jail under the laws of the | ||||||
15 | United States, to be paid by the marshal or other person | ||||||
16 | requiring his confinement, $3. | ||||||
17 | For feeding such prisoners per day, $3, to be paid by the | ||||||
18 | marshal or other person requiring the prisoner's confinement. | ||||||
19 | For discharging such prisoners, $3. | ||||||
20 | For conveying persons to the penitentiary, reformatories, | ||||||
21 | Illinois State Training School for Boys, Illinois State | ||||||
22 | Training School for Girls, Reception Centers and Illinois | ||||||
23 | Security Hospital, the following fees, payable out of the | ||||||
24 | State Treasury. When one person is conveyed, 20¢ per mile in | ||||||
25 | going to the penitentiary, reformatories, Illinois State | ||||||
26 | Training School for Boys, Illinois State Training School for |
| |||||||
| |||||||
1 | Girls, Reception Centers and Illinois Security Hospital from | ||||||
2 | the place of conviction; when 2 persons are conveyed at the | ||||||
3 | same time, 20¢ per mile for the first and 15¢ per mile for the | ||||||
4 | second person; when more than 2 persons are conveyed at the | ||||||
5 | same time as Stated above, the sheriff shall be allowed 20¢ per | ||||||
6 | mile for the first, 15¢ per mile for the second and 10¢ per | ||||||
7 | mile for each additional person. | ||||||
8 | The fees provided for herein for transporting persons to | ||||||
9 | the penitentiary, reformatories, Illinois State Training | ||||||
10 | School for Boys, Illinois State Training School for Girls, | ||||||
11 | Reception Centers and Illinois Security Hospital, shall be | ||||||
12 | paid for each trip so made. Mileage as used in this Section | ||||||
13 | means the shortest route on a hard surfaced road, (either | ||||||
14 | State Bond Issue Route or Federal highways) or railroad, | ||||||
15 | whichever is shorter, between the place from which the person | ||||||
16 | is to be transported, to the penitentiary, reformatories, | ||||||
17 | Illinois State Training School for Boys, Illinois State | ||||||
18 | Training School for Girls, Reception Centers and Illinois | ||||||
19 | Security Hospital, and all fees per mile shall be computed on | ||||||
20 | such basis. | ||||||
21 | In addition to the above fees, there shall be allowed to | ||||||
22 | the sheriff a fee of $900 for the sale of real estate which | ||||||
23 | shall be made by virtue of any judgment of a court. In addition | ||||||
24 | to this fee and all other fees provided by this Section, there | ||||||
25 | shall be allowed to the sheriff a fee in accordance with the | ||||||
26 | following schedule for the sale of personal estate which is |
| |||||||
| |||||||
1 | made by virtue of any judgment of a court: | ||||||
2 | For judgments up to $1,000, $100; | ||||||
3 | For judgments over $1,000 to $15,000, $300; | ||||||
4 | For judgments over $15,000, $500. | ||||||
5 | In all cases where the judgment is settled by the parties, | ||||||
6 | replevied, stopped by injunction or paid, or where the | ||||||
7 | property levied upon is not actually sold, the sheriff shall | ||||||
8 | be allowed the fee for levying and mileage, together with half | ||||||
9 | the fee for all money collected by him or her which he or she | ||||||
10 | would be entitled to if the same were made by sale in the | ||||||
11 | enforcement of a judgment. In no case shall the fee exceed the | ||||||
12 | amount of money arising from the sale. | ||||||
13 | The fee requirements of this Section do not apply to | ||||||
14 | police departments or other law enforcement agencies. For the | ||||||
15 | purposes of this Section, "law enforcement agency" means an | ||||||
16 | agency of the State or unit of local government which is vested | ||||||
17 | by law or ordinance with the duty to maintain public order and | ||||||
18 | to enforce criminal laws or ordinances. | ||||||
19 | The fee requirements of this Section do not apply to units | ||||||
20 | of local government or school districts. | ||||||
21 | (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23 .)
| ||||||
22 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1) | ||||||
23 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
24 | local governments and school districts. The officers herein | ||||||
25 | named, in counties of the third class, shall be entitled to |
| |||||||
| |||||||
1 | receive the fees herein specified from all units of local | ||||||
2 | government and school districts, for the services mentioned | ||||||
3 | and such other fees as may be provided by law for such other | ||||||
4 | services not herein designated. | ||||||
5 | Fees for Sheriff | ||||||
6 | For serving or attempting to serve any summons on each | ||||||
7 | defendant, $25. | ||||||
8 | For serving or attempting to serve each alias summons or | ||||||
9 | other process mileage will be charged as hereinafter provided | ||||||
10 | when the address for service differs from the address for | ||||||
11 | service on the original summons or other process. | ||||||
12 | For serving or attempting to serve all other process, on | ||||||
13 | each defendant, $25. | ||||||
14 | For serving or attempting to serve a subpoena on each | ||||||
15 | witness, $25. | ||||||
16 | For serving or attempting to serve each warrant, $25. | ||||||
17 | For serving or attempting to serve each garnishee, $25. | ||||||
18 | For summoning each juror, $4. | ||||||
19 | For serving or attempting to serve each order or judgment | ||||||
20 | for replevin, $25. | ||||||
21 | For serving or attempting to serve an order for | ||||||
22 | attachment, on each defendant, $25. | ||||||
23 | For serving or attempting to serve an order or judgment | ||||||
24 | for the possession of real estate in an action of ejectment or | ||||||
25 | in any other action, or for restitution in an eviction action, | ||||||
26 | without aid, $9, and when aid is necessary, the sheriff shall |
| |||||||
| |||||||
1 | be allowed to tax in addition the actual costs thereof. | ||||||
2 | For serving or attempting to serve notice of judgment, | ||||||
3 | $25. | ||||||
4 | For levying to satisfy an order in an action for | ||||||
5 | attachment, $25. | ||||||
6 | For executing order of court to seize personal property, | ||||||
7 | $25. | ||||||
8 | For making certificate of levy on real estate and filing | ||||||
9 | or recording same, $3, and the fee for filing or recording | ||||||
10 | shall be advanced by the plaintiff in attachment or by the | ||||||
11 | judgment creditor and taxed as costs. For taking possession of | ||||||
12 | or removing property levied on, the sheriff shall be allowed | ||||||
13 | to tax the necessary actual costs of such possession or | ||||||
14 | removal. | ||||||
15 | For advertising property for sale, $3. | ||||||
16 | For making certificate of sale and making and filing | ||||||
17 | duplicate for record, $3, and the fee for recording same shall | ||||||
18 | be advanced by the judgment creditor and taxed as costs. | ||||||
19 | For preparing, executing and acknowledging deed on | ||||||
20 | redemption from a court sale of real estate, $6; for | ||||||
21 | preparing, executing and acknowledging all other deeds on sale | ||||||
22 | of real estate, $4. | ||||||
23 | For making and filing certificate of redemption, $3.50, | ||||||
24 | and the fee for recording same shall be advanced by party | ||||||
25 | making the redemption and taxed as costs. | ||||||
26 | For making and filing certificate of redemption from a |
| |||||||
| |||||||
1 | court sale, $4.50, and the fee for recording same shall be | ||||||
2 | advanced by the party making the redemption and taxed as | ||||||
3 | costs. | ||||||
4 | For taking all bonds on legal process, $2. | ||||||
5 | For taking special bail, $2. | ||||||
6 | For returning each process, $5. | ||||||
7 | Mileage for service or attempted service of all process is | ||||||
8 | a $10 flat fee. | ||||||
9 | For attending before a court with a prisoner on an order | ||||||
10 | for habeas corpus, $3.50 per day. | ||||||
11 | For executing requisitions from other States, $5. | ||||||
12 | For conveying each prisoner from the prisoner's county to | ||||||
13 | the jail of another county, per mile for going only, 25¢. | ||||||
14 | For committing to or discharging each prisoner from jail, | ||||||
15 | $1. | ||||||
16 | For feeding each prisoner, such compensation to cover | ||||||
17 | actual costs as may be fixed by the county board, but such | ||||||
18 | compensation shall not be considered a part of the fees of the | ||||||
19 | office. | ||||||
20 | For committing each prisoner to jail under the laws of the | ||||||
21 | United States, to be paid by the marshal or other person | ||||||
22 | requiring his confinement, $1. | ||||||
23 | For feeding such prisoners per day, $1, to be paid by the | ||||||
24 | marshal or other person requiring the prisoner's confinement. | ||||||
25 | For discharging such prisoners, $1. | ||||||
26 | For conveying persons to the penitentiary, reformatories, |
| |||||||
| |||||||
1 | Illinois State Training School for Boys, Illinois State | ||||||
2 | Training School for Girls, Reception Centers and Illinois | ||||||
3 | Security Hospital, the following fees, payable out of the | ||||||
4 | State Treasury. When one person is conveyed, 15¢ per mile in | ||||||
5 | going to the penitentiary, reformatories, Illinois State | ||||||
6 | Training School for Boys, Illinois State Training School for | ||||||
7 | Girls, Reception Centers and Illinois Security Hospital from | ||||||
8 | the place of conviction; when 2 persons are conveyed at the | ||||||
9 | same time, 15¢ per mile for the first and 10¢ per mile for the | ||||||
10 | second person; when more than 2 persons are conveyed at the | ||||||
11 | same time as stated above, the sheriff shall be allowed 15¢ per | ||||||
12 | mile for the first, 10¢ per mile for the second and 5¢ per mile | ||||||
13 | for each additional person. | ||||||
14 | The fees provided for herein for transporting persons to | ||||||
15 | the penitentiary, reformatories, Illinois State Training | ||||||
16 | School for Boys, Illinois State Training School for Girls, | ||||||
17 | Reception Centers and Illinois Security Hospital, shall be | ||||||
18 | paid for each trip so made. Mileage as used in this Section | ||||||
19 | means the shortest route on a hard surfaced road, (either | ||||||
20 | State Bond Issue Route or Federal highways) or railroad, | ||||||
21 | whichever is shorter, between the place from which the person | ||||||
22 | is to be transported, to the penitentiary, reformatories, | ||||||
23 | Illinois State Training School for Boys, Illinois State | ||||||
24 | Training School for Girls, Reception Centers and Illinois | ||||||
25 | Security Hospital, and all fees per mile shall be computed on | ||||||
26 | such basis. |
| |||||||
| |||||||
1 | In addition to the above fees, there shall be allowed to | ||||||
2 | the sheriff a fee of $600 for the sale of real estate which | ||||||
3 | shall be made by virtue of any judgment of a court. In addition | ||||||
4 | to this fee and all other fees provided by this Section, there | ||||||
5 | shall be allowed to the sheriff a fee in accordance with the | ||||||
6 | following schedule for the sale of personal estate which is | ||||||
7 | made by virtue of any judgment of a court: | ||||||
8 | For judgments up to $1,000, $90; | ||||||
9 | For judgments over $1,000 to $15,000, $275; | ||||||
10 | For judgments over $15,000, $400. | ||||||
11 | In all cases where the judgment is settled by the parties, | ||||||
12 | replevied, stopped by injunction or paid, or where the | ||||||
13 | property levied upon is not actually sold, the sheriff shall | ||||||
14 | be allowed the fee for levying and mileage, together with half | ||||||
15 | the fee for all money collected by him or her which he or she | ||||||
16 | would be entitled to if the same were made by sale in the | ||||||
17 | enforcement of a judgment. In no case shall the fee exceed the | ||||||
18 | amount of money arising from the sale. | ||||||
19 | All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
20 | must be used for public safety purposes only. | ||||||
21 | (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23 .)
| ||||||
22 | (55 ILCS 5/3-4014 rep.) | ||||||
23 | (55 ILCS 5/3-6041 rep.) | ||||||
24 | Section 155. The Counties Code is amended by repealing | ||||||
25 | Sections 3-4014 and 3-6041.
|
| |||||||
| |||||||
1 | (65 ILCS 5/11-5.1-2 rep.) | ||||||
2 | Section 160. The Illinois Municipal Code is amended by | ||||||
3 | repealing Section 11-5.1-2.
| ||||||
4 | Section 165. The Illinois Municipal Code is amended by | ||||||
5 | adding Section 1-2-12.2 as follows:
| ||||||
6 | (65 ILCS 5/1-2-12.2 new) | ||||||
7 | Sec. 1-2-12.2. Municipal bond fees. A municipality may | ||||||
8 | impose a fee up to $20 for bail processing against any person | ||||||
9 | arrested for violating a bailable municipal ordinance or a | ||||||
10 | State or federal law.
| ||||||
11 | Section 170. The Campus Security Enhancement Act of 2008 | ||||||
12 | is amended by changing Section 15 as follows:
| ||||||
13 | (110 ILCS 12/15) | ||||||
14 | Sec. 15. Arrest reports. | ||||||
15 | (a) When an individual is arrested, the following | ||||||
16 | information must be made available to the news media for | ||||||
17 | inspection and copying: | ||||||
18 | (1) Information that identifies the individual, | ||||||
19 | including the name, age, address, and photograph, when and | ||||||
20 | if available. | ||||||
21 | (2) Information detailing any charges relating to the |
| |||||||
| |||||||
1 | arrest. | ||||||
2 | (3) The time and location of the arrest. | ||||||
3 | (4) The name of the investigating or arresting law | ||||||
4 | enforcement agency. | ||||||
5 | (5) (Blank). | ||||||
6 | (5.1) If the individual is incarcerated, the amount of | ||||||
7 | any bail or bond. | ||||||
8 | (6) If the individual is incarcerated, the time and | ||||||
9 | date that the individual was received, discharged, or | ||||||
10 | transferred from the arresting agency's custody. | ||||||
11 | (b) The information required by this Section must be made | ||||||
12 | available to the news media for inspection and copying as soon | ||||||
13 | as practicable, but in no event shall the time period exceed 72 | ||||||
14 | hours from the arrest. The information described in paragraphs | ||||||
15 | (3), (4), (5), and (6) of subsection (a), however, may be | ||||||
16 | withheld if it is determined that disclosure would: | ||||||
17 | (1) interfere with pending or actually and reasonably | ||||||
18 | contemplated law enforcement proceedings conducted by any | ||||||
19 | law enforcement or correctional agency; | ||||||
20 | (2) endanger the life or physical safety of law | ||||||
21 | enforcement or correctional personnel or any other person; | ||||||
22 | or | ||||||
23 | (3) compromise the security of any correctional | ||||||
24 | facility. | ||||||
25 | (c) For the purposes of this Section the term "news media" | ||||||
26 | means personnel of a newspaper or other periodical issued at |
| |||||||
| |||||||
1 | regular intervals whether in print or electronic format, a | ||||||
2 | news service whether in print or electronic format, a radio | ||||||
3 | station, a television station, a television network, a | ||||||
4 | community antenna television service, or a person or | ||||||
5 | corporation engaged in making news reels or other motion | ||||||
6 | picture news for public showing. | ||||||
7 | (d) Each law enforcement or correctional agency may charge | ||||||
8 | fees for arrest records, but in no instance may the fee exceed | ||||||
9 | the actual cost of copying and reproduction. The fees may not | ||||||
10 | include the cost of the labor used to reproduce the arrest | ||||||
11 | record. | ||||||
12 | (e) The provisions of this Section do not supersede the | ||||||
13 | confidentiality provisions for arrest records of the Juvenile | ||||||
14 | Court Act of 1987. | ||||||
15 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
16 | Section 175. The Illinois Insurance Code is amended by | ||||||
17 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
18 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19) | ||||||
19 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
20 | grounds. After a policy of automobile insurance as defined in | ||||||
21 | Section 143.13(a) has been effective for 60 days, or if such | ||||||
22 | policy is a renewal policy, the insurer shall not exercise its | ||||||
23 | option to cancel such policy except for one or more of the | ||||||
24 | following reasons: |
| |||||||
| |||||||
1 | a. Nonpayment of premium; | ||||||
2 | b. The policy was obtained through a material | ||||||
3 | misrepresentation; | ||||||
4 | c. Any insured violated any of the terms and | ||||||
5 | conditions of the policy; | ||||||
6 | d. The named insured failed to disclose fully his | ||||||
7 | motor vehicle crashes and moving traffic violations for | ||||||
8 | the preceding 36 months if called for in the application; | ||||||
9 | e. Any insured made a false or fraudulent claim or | ||||||
10 | knowingly aided or abetted another in the presentation of | ||||||
11 | such a claim; | ||||||
12 | f. The named insured or any other operator who either | ||||||
13 | resides in the same household or customarily operates an | ||||||
14 | automobile insured under such policy: | ||||||
15 | 1. has, within the 12 months prior to the notice of | ||||||
16 | cancellation, had his driver's license under | ||||||
17 | suspension or revocation; | ||||||
18 | 2. is or becomes subject to epilepsy or heart | ||||||
19 | attacks, and such individual does not produce a | ||||||
20 | certificate from a physician testifying to his | ||||||
21 | unqualified ability to operate a motor vehicle safely; | ||||||
22 | 3. has a crash record, conviction record (criminal | ||||||
23 | or traffic), physical, or mental condition which is | ||||||
24 | such that his operation of an automobile might | ||||||
25 | endanger the public safety; | ||||||
26 | 4. has, within the 36 months prior to the notice of |
| |||||||
| |||||||
1 | cancellation, been addicted to the use of narcotics or | ||||||
2 | other drugs; or | ||||||
3 | 5. has been convicted, or forfeited bail had | ||||||
4 | pretrial release revoked , during the 36 months | ||||||
5 | immediately preceding the notice of cancellation, for | ||||||
6 | any felony, criminal negligence resulting in death, | ||||||
7 | homicide or assault arising out of the operation of a | ||||||
8 | motor vehicle, operating a motor vehicle while in an | ||||||
9 | intoxicated condition or while under the influence of | ||||||
10 | drugs, being intoxicated while in, or about, an | ||||||
11 | automobile or while having custody of an automobile, | ||||||
12 | leaving the scene of a crash without stopping to | ||||||
13 | report, theft or unlawful taking of a motor vehicle, | ||||||
14 | making false statements in an application for an | ||||||
15 | operator's or chauffeur's license or has been | ||||||
16 | convicted or pretrial release has been revoked for 3 | ||||||
17 | or more violations within the 12 months immediately | ||||||
18 | preceding the notice of cancellation, of any law, | ||||||
19 | ordinance, or regulation limiting the speed of motor | ||||||
20 | vehicles or any of the provisions of the motor vehicle | ||||||
21 | laws of any state, violation of which constitutes a | ||||||
22 | misdemeanor, whether or not the violations were | ||||||
23 | repetitions of the same offense or different offenses; | ||||||
24 | g. The insured automobile is: | ||||||
25 | 1. so mechanically defective that its operation | ||||||
26 | might endanger public safety; |
| |||||||
| |||||||
1 | 2. used in carrying passengers for hire or | ||||||
2 | compensation (the use of an automobile for a car pool | ||||||
3 | shall not be considered use of an automobile for hire | ||||||
4 | or compensation); | ||||||
5 | 3. used in the business of transportation of | ||||||
6 | flammables or explosives; | ||||||
7 | 4. an authorized emergency vehicle; | ||||||
8 | 5. changed in shape or condition during the policy | ||||||
9 | period so as to increase the risk substantially; or | ||||||
10 | 6. subject to an inspection law and has not been | ||||||
11 | inspected or, if inspected, has failed to qualify. | ||||||
12 | Nothing in this Section shall apply to nonrenewal. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
14 | 102-1104, eff. 1-1-23 .)
| ||||||
15 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1) | ||||||
16 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
17 | After a policy of automobile insurance, as defined in Section | ||||||
18 | 143.13, has been effective or renewed for 5 or more years, the | ||||||
19 | company shall not exercise its right of non-renewal unless: | ||||||
20 | a. The policy was obtained through a material | ||||||
21 | misrepresentation; or | ||||||
22 | b. Any insured violated any of the terms and | ||||||
23 | conditions of the policy; or | ||||||
24 | c. The named insured failed to disclose fully his | ||||||
25 | motor vehicle crashes and moving traffic violations for |
| |||||||
| |||||||
1 | the preceding 36 months, if such information is called for | ||||||
2 | in the application; or | ||||||
3 | d. Any insured made a false or fraudulent claim or | ||||||
4 | knowingly aided or abetted another in the presentation of | ||||||
5 | such a claim; or | ||||||
6 | e. The named insured or any other operator who either | ||||||
7 | resides in the same household or customarily operates an | ||||||
8 | automobile insured under such a policy: | ||||||
9 | 1. Has, within the 12 months prior to the notice of | ||||||
10 | non-renewal had his driver's drivers license under | ||||||
11 | suspension or revocation; or | ||||||
12 | 2. Is or becomes subject to epilepsy or heart | ||||||
13 | attacks, and such individual does not produce a | ||||||
14 | certificate from a physician testifying to his | ||||||
15 | unqualified ability to operate a motor vehicle safely; | ||||||
16 | or | ||||||
17 | 3. Has a crash record, conviction record (criminal | ||||||
18 | or traffic), or a physical or mental condition which | ||||||
19 | is such that his operation of an automobile might | ||||||
20 | endanger the public safety; or | ||||||
21 | 4. Has, within the 36 months prior to the notice of | ||||||
22 | non-renewal, been addicted to the use of narcotics or | ||||||
23 | other drugs; or | ||||||
24 | 5. Has been convicted or forfeited bail pretrial | ||||||
25 | release has been revoked , during the 36 months | ||||||
26 | immediately preceding the notice of non-renewal, for |
| |||||||
| |||||||
1 | any felony, criminal negligence resulting in death, | ||||||
2 | homicide or assault arising out of the operation of a | ||||||
3 | motor vehicle, operating a motor vehicle while in an | ||||||
4 | intoxicated condition or while under the influence of | ||||||
5 | drugs, being intoxicated while in or about an | ||||||
6 | automobile or while having custody of an automobile, | ||||||
7 | leaving the scene of a crash without stopping to | ||||||
8 | report, theft or unlawful taking of a motor vehicle, | ||||||
9 | making false statements in an application for an | ||||||
10 | operators or chauffeurs license, or has been convicted | ||||||
11 | or forfeited bail pretrial release has been revoked | ||||||
12 | for 3 or more violations within the 12 months | ||||||
13 | immediately preceding the notice of non-renewal, of | ||||||
14 | any law, ordinance or regulation limiting the speed of | ||||||
15 | motor vehicles or any of the provisions of the motor | ||||||
16 | vehicle laws of any state, violation of which | ||||||
17 | constitutes a misdemeanor, whether or not the | ||||||
18 | violations were repetitions of the same offense or | ||||||
19 | different offenses; or | ||||||
20 | f. The insured automobile is: | ||||||
21 | 1. So mechanically defective that its operation | ||||||
22 | might endanger public safety; or | ||||||
23 | 2. Used in carrying passengers for hire or | ||||||
24 | compensation (the use of an automobile for a car pool | ||||||
25 | shall not be considered use of an automobile for hire | ||||||
26 | or compensation); or |
| |||||||
| |||||||
1 | 3. Used in the business of transportation of | ||||||
2 | flammables or explosives; or | ||||||
3 | 4. An authorized emergency vehicle; or | ||||||
4 | 5. Changed in shape or condition during the policy | ||||||
5 | period so as to increase the risk substantially; or | ||||||
6 | 6. Subject to an inspection law and it has not been | ||||||
7 | inspected or, if inspected, has failed to qualify; or | ||||||
8 | g. The notice of the intention not to renew is mailed | ||||||
9 | to the insured at least 60 days before the date of | ||||||
10 | nonrenewal as provided in Section 143.17. | ||||||
11 | (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23 .)
| ||||||
12 | (215 ILCS 5/205) (from Ch. 73, par. 817) | ||||||
13 | Sec. 205. Priority of distribution of general assets. | ||||||
14 | (1) The priorities of distribution of general assets from | ||||||
15 | the company's estate is to be as follows: | ||||||
16 | (a) The costs and expenses of administration, | ||||||
17 | including, but not limited to, the following: | ||||||
18 | (i) The reasonable expenses of the Illinois | ||||||
19 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
20 | Insurance Guaranty Association, and the Illinois | ||||||
21 | Health Maintenance Organization Guaranty Association | ||||||
22 | and of any similar organization in any other state, | ||||||
23 | including overhead, salaries, and other general | ||||||
24 | administrative expenses allocable to the receivership | ||||||
25 | (administrative and claims handling expenses and |
| |||||||
| |||||||
1 | expenses in connection with arrangements for ongoing | ||||||
2 | coverage), but excluding expenses incurred in the | ||||||
3 | performance of duties under Section 547 or similar | ||||||
4 | duties under the statute governing a similar | ||||||
5 | organization in another state. For property and | ||||||
6 | casualty insurance guaranty associations that guaranty | ||||||
7 | certain obligations of any member company as defined | ||||||
8 | by Section 534.5, expenses shall include, but not be | ||||||
9 | limited to, loss adjustment expenses, which shall | ||||||
10 | include adjusting and other expenses and defense and | ||||||
11 | cost containment expenses. The expenses of such | ||||||
12 | property and casualty guaranty associations, including | ||||||
13 | the Illinois Insurance Guaranty Fund, shall be | ||||||
14 | reimbursed as prescribed by Section 545, but shall be | ||||||
15 | subordinate to all other costs and expenses of | ||||||
16 | administration, including the expenses reimbursed | ||||||
17 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
18 | (ii) The expenses expressly approved or ratified | ||||||
19 | by the Director as liquidator or rehabilitator, | ||||||
20 | including, but not limited to, the following: | ||||||
21 | (1) the actual and necessary costs of | ||||||
22 | preserving or recovering the property of the | ||||||
23 | insurer; | ||||||
24 | (2) reasonable compensation for all services | ||||||
25 | rendered on behalf of the administrative | ||||||
26 | supervisor or receiver; |
| |||||||
| |||||||
1 | (3) any necessary filing fees; | ||||||
2 | (4) the fees and mileage payable to witnesses; | ||||||
3 | (5) unsecured loans obtained by the receiver; | ||||||
4 | and | ||||||
5 | (6) expenses approved by the conservator or | ||||||
6 | rehabilitator of the insurer, if any, incurred in the | ||||||
7 | course of the conservation or rehabilitation that are | ||||||
8 | unpaid at the time of the entry of the order of | ||||||
9 | liquidation. | ||||||
10 | Any unsecured loan falling under item (5) of | ||||||
11 | subparagraph (ii) of this paragraph (a) shall have | ||||||
12 | priority over all other costs and expenses of | ||||||
13 | administration, unless the lender agrees otherwise. Absent | ||||||
14 | agreement to the contrary, all other costs and expenses of | ||||||
15 | administration shall be shared on a pro-rata basis, except | ||||||
16 | for the expenses of property and casualty guaranty | ||||||
17 | associations, which shall have a lower priority pursuant | ||||||
18 | to subparagraph (i) of this paragraph (a). | ||||||
19 | (b) Secured claims, including claims for taxes and | ||||||
20 | debts due the federal or any state or local government, | ||||||
21 | that are secured by liens perfected prior to the filing of | ||||||
22 | the complaint. | ||||||
23 | (c) Claims for wages actually owing to employees for | ||||||
24 | services rendered within 3 months prior to the date of the | ||||||
25 | filing of the complaint, not exceeding $1,000 to each | ||||||
26 | employee unless there are claims due the federal |
| |||||||
| |||||||
1 | government under paragraph (f), then the claims for wages | ||||||
2 | shall have a priority of distribution immediately | ||||||
3 | following that of federal claims under paragraph (f) and | ||||||
4 | immediately preceding claims of general creditors under | ||||||
5 | paragraph (g). | ||||||
6 | (d) Claims by policyholders, beneficiaries, and | ||||||
7 | insureds, under insurance policies, annuity contracts, and | ||||||
8 | funding agreements, liability claims against insureds | ||||||
9 | covered under insurance policies and insurance contracts | ||||||
10 | issued by the company, claims of obligees (and, subject to | ||||||
11 | the discretion of the receiver, completion contractors) | ||||||
12 | under surety bonds and surety undertakings (not to include | ||||||
13 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
14 | of insurance offering protection against investment risk), | ||||||
15 | claims by principals under surety bonds and surety | ||||||
16 | undertakings for wrongful dissipation of collateral by the | ||||||
17 | insurer or its agents, and claims incurred during any | ||||||
18 | extension of coverage provided under subsection (5) of | ||||||
19 | Section 193, and claims of the Illinois Insurance Guaranty | ||||||
20 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
21 | Association, the Illinois Health Maintenance Organization | ||||||
22 | Guaranty Association, and any similar organization in | ||||||
23 | another state as prescribed in Section 545. For purposes | ||||||
24 | of this Section, "funding agreement" means an agreement | ||||||
25 | whereby an insurer authorized to write business under | ||||||
26 | Class 1 of Section 4 of this Code may accept and accumulate |
| |||||||
| |||||||
1 | funds and make one or more payments at future dates in | ||||||
2 | amounts that are not based upon mortality or morbidity | ||||||
3 | contingencies. | ||||||
4 | (e) Claims by policyholders, beneficiaries, and | ||||||
5 | insureds, the allowed values of which were determined by | ||||||
6 | estimation under paragraph (b) of subsection (4) of | ||||||
7 | Section 209. | ||||||
8 | (f) Any other claims due the federal government. | ||||||
9 | (g) All other claims of general creditors not falling | ||||||
10 | within any other priority under this Section including | ||||||
11 | claims for taxes and debts due any state or local | ||||||
12 | government which are not secured claims and claims for | ||||||
13 | attorneys' fees incurred by the company in contesting its | ||||||
14 | conservation, rehabilitation, or liquidation. | ||||||
15 | (h) Claims of guaranty fund certificate holders, | ||||||
16 | guaranty capital shareholders, capital note holders, and | ||||||
17 | surplus note holders. | ||||||
18 | (i) Proprietary claims of shareholders, members, or | ||||||
19 | other owners. | ||||||
20 | Every claim under a written agreement, statute, or rule | ||||||
21 | providing that the assets in a separate account are not | ||||||
22 | chargeable with the liabilities arising out of any other | ||||||
23 | business of the insurer shall be satisfied out of the funded | ||||||
24 | assets in the separate account equal to, but not to exceed, the | ||||||
25 | reserves maintained in the separate account under the separate | ||||||
26 | account agreement, and to the extent, if any, the claim is not |
| |||||||
| |||||||
1 | fully discharged thereby, the remainder of the claim shall be | ||||||
2 | treated as a priority level (d) claim under paragraph (d) of | ||||||
3 | this subsection to the extent that reserves have been | ||||||
4 | established in the insurer's general account pursuant to | ||||||
5 | statute, rule, or the separate account agreement. | ||||||
6 | For purposes of this provision, "separate account | ||||||
7 | policies, contracts, or agreements" means any policies, | ||||||
8 | contracts, or agreements that provide for separate accounts as | ||||||
9 | contemplated by Section 245.21. | ||||||
10 | To the extent that any assets of an insurer, other than | ||||||
11 | those assets properly allocated to and maintained in a | ||||||
12 | separate account, have been used to fund or pay any expenses, | ||||||
13 | taxes, or policyholder benefits that are attributable to a | ||||||
14 | separate account policy, contract, or agreement that should | ||||||
15 | have been paid by a separate account prior to the commencement | ||||||
16 | of receivership proceedings, then upon the commencement of | ||||||
17 | receivership proceedings, the separate accounts that benefited | ||||||
18 | from this payment or funding shall first be used to repay or | ||||||
19 | reimburse the company's general assets or account for any | ||||||
20 | unreimbursed net sums due at the commencement of receivership | ||||||
21 | proceedings prior to the application of the separate account | ||||||
22 | assets to the satisfaction of liabilities or the corresponding | ||||||
23 | separate account policies, contracts, and agreements. | ||||||
24 | To the extent, if any, reserves or assets maintained in | ||||||
25 | the separate account are in excess of the amounts needed to | ||||||
26 | satisfy claims under the separate account contracts, the |
| |||||||
| |||||||
1 | excess shall be treated as part of the general assets of the | ||||||
2 | insurer's estate. | ||||||
3 | (2) Within 120 days after the issuance of an Order of | ||||||
4 | Liquidation with a finding of insolvency against a domestic | ||||||
5 | company, the Director shall make application to the court | ||||||
6 | requesting authority to disburse funds to the Illinois | ||||||
7 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
8 | Insurance Guaranty Association, the Illinois Health | ||||||
9 | Maintenance Organization Guaranty Association, and similar | ||||||
10 | organizations in other states from time to time out of the | ||||||
11 | company's marshaled assets as funds become available in | ||||||
12 | amounts equal to disbursements made by the Illinois Insurance | ||||||
13 | Guaranty Fund, the Illinois Life and Health Insurance Guaranty | ||||||
14 | Association, the Illinois Health Maintenance Organization | ||||||
15 | Guaranty Association, and similar organizations in other | ||||||
16 | states for covered claims obligations on the presentation of | ||||||
17 | evidence that such disbursements have been made by the | ||||||
18 | Illinois Insurance Guaranty Fund, the Illinois Life and Health | ||||||
19 | Insurance Guaranty Association, the Illinois Health | ||||||
20 | Maintenance Organization Guaranty Association, and similar | ||||||
21 | organizations in other states. | ||||||
22 | The Director shall establish procedures for the ratable | ||||||
23 | allocation and distribution of disbursements to the Illinois | ||||||
24 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
25 | Insurance Guaranty Association, the Illinois Health | ||||||
26 | Maintenance Organization Guaranty Association, and similar |
| |||||||
| |||||||
1 | organizations in other states. In determining the amounts | ||||||
2 | available for disbursement, the Director shall reserve | ||||||
3 | sufficient assets for the payment of the expenses of | ||||||
4 | administration described in paragraph (1)(a) of this Section. | ||||||
5 | All funds available for disbursement after the establishment | ||||||
6 | of the prescribed reserve shall be promptly distributed. As a | ||||||
7 | condition to receipt of funds in reimbursement of covered | ||||||
8 | claims obligations, the Director shall secure from the | ||||||
9 | Illinois Insurance Guaranty Fund, the Illinois Life and Health | ||||||
10 | Insurance Guaranty Association, the Illinois Health | ||||||
11 | Maintenance Organization Guaranty Association, and each | ||||||
12 | similar organization in other states, an agreement to return | ||||||
13 | to the Director on demand funds previously received as may be | ||||||
14 | required to pay claims of secured creditors and claims falling | ||||||
15 | within the priorities established in paragraphs (a), (b), (c), | ||||||
16 | and (d) of subsection (1) of this Section in accordance with | ||||||
17 | such priorities. | ||||||
18 | (3) The changes made in this Section by this amendatory | ||||||
19 | Act of the 100th General Assembly apply to all liquidation, | ||||||
20 | rehabilitation, or conservation proceedings that are pending | ||||||
21 | on the effective date of this amendatory Act of the 100th | ||||||
22 | General Assembly and to all future liquidation, | ||||||
23 | rehabilitation, or conservation proceedings. | ||||||
24 | (4) The provisions of this Section are severable under | ||||||
25 | Section 1.31 of the Statute on Statutes. | ||||||
26 | (Source: P.A. 100-410, eff. 8-25-17; 101-652, eff. 1-1-23 .)
|
| |||||||
| |||||||
1 | Section 180. The Illinois Gambling Act is amended by | ||||||
2 | changing Section 5.1 as follows:
| ||||||
3 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1) | ||||||
4 | Sec. 5.1. Disclosure of records. | ||||||
5 | (a) Notwithstanding any applicable statutory provision to | ||||||
6 | the contrary, the Board shall, on written request from any | ||||||
7 | person, provide information furnished by an applicant or | ||||||
8 | licensee concerning the applicant or licensee, his products, | ||||||
9 | services or gambling enterprises and his business holdings, as | ||||||
10 | follows: | ||||||
11 | (1) The name, business address and business telephone | ||||||
12 | number of any applicant or licensee. | ||||||
13 | (2) An identification of any applicant or licensee | ||||||
14 | including, if an applicant or licensee is not an | ||||||
15 | individual, the names and addresses of all stockholders | ||||||
16 | and directors, if the entity is a corporation; the names | ||||||
17 | and addresses of all members, if the entity is a limited | ||||||
18 | liability company; the names and addresses of all | ||||||
19 | partners, both general and limited, if the entity is a | ||||||
20 | partnership; and the names and addresses of all | ||||||
21 | beneficiaries, if the entity is a trust. If an applicant | ||||||
22 | or licensee has a pending registration statement filed | ||||||
23 | with the Securities and Exchange Commission, only the | ||||||
24 | names of those persons or entities holding interest of 5% |
| |||||||
| |||||||
1 | or more must be provided. | ||||||
2 | (3) An identification of any business, including, if | ||||||
3 | applicable, the state of incorporation or registration, in | ||||||
4 | which an applicant or licensee or an applicant's or | ||||||
5 | licensee's spouse or children has an equity interest of | ||||||
6 | more than 1%. If an applicant or licensee is a | ||||||
7 | corporation, partnership or other business entity, the | ||||||
8 | applicant or licensee shall identify any other | ||||||
9 | corporation, partnership or business entity in which it | ||||||
10 | has an equity interest of 1% or more, including, if | ||||||
11 | applicable, the state of incorporation or registration. | ||||||
12 | This information need not be provided by a corporation, | ||||||
13 | partnership or other business entity that has a pending | ||||||
14 | registration statement filed with the Securities and | ||||||
15 | Exchange Commission. | ||||||
16 | (4) Whether an applicant or licensee has been | ||||||
17 | indicted, convicted, pleaded guilty or nolo contendere, or | ||||||
18 | forfeited bail pretrial release has been revoked | ||||||
19 | concerning any criminal offense under the laws of any | ||||||
20 | jurisdiction, either felony or misdemeanor (except for | ||||||
21 | traffic violations), including the date, the name and | ||||||
22 | location of the court, arresting agency and prosecuting | ||||||
23 | agency, the case number, the offense, the disposition and | ||||||
24 | the location and length of incarceration. | ||||||
25 | (5) Whether an applicant or licensee has had any | ||||||
26 | license or certificate issued by a licensing authority in |
| |||||||
| |||||||
1 | Illinois or any other jurisdiction denied, restricted, | ||||||
2 | suspended, revoked or not renewed and a statement | ||||||
3 | describing the facts and circumstances concerning the | ||||||
4 | denial, restriction, suspension, revocation or | ||||||
5 | non-renewal, including the licensing authority, the date | ||||||
6 | each such action was taken, and the reason for each such | ||||||
7 | action. | ||||||
8 | (6) Whether an applicant or licensee has ever filed or | ||||||
9 | had filed against it a proceeding in bankruptcy or has | ||||||
10 | ever been involved in any formal process to adjust, defer, | ||||||
11 | suspend or otherwise work out the payment of any debt | ||||||
12 | including the date of filing, the name and location of the | ||||||
13 | court, the case and number of the disposition. | ||||||
14 | (7) Whether an applicant or licensee has filed, or | ||||||
15 | been served with a complaint or other notice filed with | ||||||
16 | any public body, regarding the delinquency in the payment | ||||||
17 | of, or a dispute over the filings concerning the payment | ||||||
18 | of, any tax required under federal, State or local law, | ||||||
19 | including the amount, type of tax, the taxing agency and | ||||||
20 | time periods involved. | ||||||
21 | (8) A statement listing the names and titles of all | ||||||
22 | public officials or officers of any unit of government, | ||||||
23 | and relatives of said public officials or officers who, | ||||||
24 | directly or indirectly, own any financial interest in, | ||||||
25 | have any beneficial interest in, are the creditors of or | ||||||
26 | hold any debt instrument issued by, or hold or have any |
| |||||||
| |||||||
1 | interest in any contractual or service relationship with, | ||||||
2 | an applicant or licensee. | ||||||
3 | (9) Whether an applicant or licensee has made, | ||||||
4 | directly or indirectly, any political contribution, or any | ||||||
5 | loans, donations or other payments, to any candidate or | ||||||
6 | office holder, within 5 years from the date of filing the | ||||||
7 | application, including the amount and the method of | ||||||
8 | payment. | ||||||
9 | (10) The name and business telephone number of the | ||||||
10 | counsel representing an applicant or licensee in matters | ||||||
11 | before the Board. | ||||||
12 | (11) A description of any proposed or approved | ||||||
13 | gambling operation, including the type of boat, home dock, | ||||||
14 | or casino or gaming location, expected economic benefit to | ||||||
15 | the community, anticipated or actual number of employees, | ||||||
16 | any statement from an applicant or licensee regarding | ||||||
17 | compliance with federal and State affirmative action | ||||||
18 | guidelines, projected or actual admissions and projected | ||||||
19 | or actual adjusted gross gaming receipts. | ||||||
20 | (12) A description of the product or service to be | ||||||
21 | supplied by an applicant for a supplier's license. | ||||||
22 | (b) Notwithstanding any applicable statutory provision to | ||||||
23 | the contrary, the Board shall, on written request from any | ||||||
24 | person, also provide the following information: | ||||||
25 | (1) The amount of the wagering tax and admission tax | ||||||
26 | paid daily to the State of Illinois by the holder of an |
| |||||||
| |||||||
1 | owner's license. | ||||||
2 | (2) Whenever the Board finds an applicant for an | ||||||
3 | owner's license unsuitable for licensing, a copy of the | ||||||
4 | written letter outlining the reasons for the denial. | ||||||
5 | (3) Whenever the Board has refused to grant leave for | ||||||
6 | an applicant to withdraw his application, a copy of the | ||||||
7 | letter outlining the reasons for the refusal. | ||||||
8 | (c) Subject to the above provisions, the Board shall not | ||||||
9 | disclose any information which would be barred by: | ||||||
10 | (1) Section 7 of the Freedom of Information Act; or | ||||||
11 | (2) The statutes, rules, regulations or | ||||||
12 | intergovernmental agreements of any jurisdiction. | ||||||
13 | (d) The Board may assess fees for the copying of | ||||||
14 | information in accordance with Section 6 of the Freedom of | ||||||
15 | Information Act. | ||||||
16 | (Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23 .)
| ||||||
17 | Section 185. The Sexual Assault Survivors Emergency | ||||||
18 | Treatment Act is amended by changing Section 7.5 as follows:
| ||||||
19 | (410 ILCS 70/7.5) | ||||||
20 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
21 | directly for certain services; written notice; billing | ||||||
22 | protocols. | ||||||
23 | (a) A hospital, approved pediatric health care facility, | ||||||
24 | health care professional, ambulance provider, laboratory, or |
| |||||||
| |||||||
1 | pharmacy furnishing medical forensic services, transportation, | ||||||
2 | follow-up healthcare, or medication to a sexual assault | ||||||
3 | survivor shall not: | ||||||
4 | (1) charge or submit a bill for any portion of the | ||||||
5 | costs of the services, transportation, or medications to | ||||||
6 | the sexual assault survivor, including any insurance | ||||||
7 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
8 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
9 | (2) communicate with, harass, or intimidate the sexual | ||||||
10 | assault survivor for payment of services, including, but | ||||||
11 | not limited to, repeatedly calling or writing to the | ||||||
12 | sexual assault survivor and threatening to refer the | ||||||
13 | matter to a debt collection agency or to an attorney for | ||||||
14 | collection, enforcement, or filing of other process; | ||||||
15 | (3) refer a bill to a collection agency or attorney | ||||||
16 | for collection action against the sexual assault survivor; | ||||||
17 | (4) contact or distribute information to affect the | ||||||
18 | sexual assault survivor's credit rating; or | ||||||
19 | (5) take any other action adverse to the sexual | ||||||
20 | assault survivor or his or her family on account of | ||||||
21 | providing services to the sexual assault survivor. | ||||||
22 | (a-5) Notwithstanding any other provision of law, | ||||||
23 | including, but not limited to, subsection (a), a sexual | ||||||
24 | assault survivor who is not the subscriber or primary | ||||||
25 | policyholder of the sexual assault survivor's insurance policy | ||||||
26 | may opt out of billing the sexual assault survivor's private |
| |||||||
| |||||||
1 | insurance provider. If the sexual assault survivor opts out of | ||||||
2 | billing the sexual assault survivor's private insurance | ||||||
3 | provider, then the bill for medical forensic services shall be | ||||||
4 | sent to the Department of Healthcare and Family Services' | ||||||
5 | Sexual Assault Emergency Treatment Program for reimbursement | ||||||
6 | for the services provided to the sexual assault survivor. | ||||||
7 | (b) Nothing in this Section precludes a hospital, health | ||||||
8 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
9 | from billing the sexual assault survivor or any applicable | ||||||
10 | health insurance or coverage for inpatient services. | ||||||
11 | (c) Every hospital and approved pediatric health care | ||||||
12 | facility providing treatment services to sexual assault | ||||||
13 | survivors in accordance with a plan approved under Section 2 | ||||||
14 | of this Act shall provide a written notice to a sexual assault | ||||||
15 | survivor. The written notice must include, but is not limited | ||||||
16 | to, the following: | ||||||
17 | (1) a statement that the sexual assault survivor | ||||||
18 | should not be directly billed by any ambulance provider | ||||||
19 | providing transportation services, or by any hospital, | ||||||
20 | approved pediatric health care facility, health care | ||||||
21 | professional, laboratory, or pharmacy for the services the | ||||||
22 | sexual assault survivor received as an outpatient at the | ||||||
23 | hospital or approved pediatric health care facility; | ||||||
24 | (2) a statement that a sexual assault survivor who is | ||||||
25 | admitted to a hospital may be billed for inpatient | ||||||
26 | services provided by a hospital, health care professional, |
| |||||||
| |||||||
1 | laboratory, or pharmacy; | ||||||
2 | (3) a statement that prior to leaving the hospital or | ||||||
3 | approved pediatric health care facility, the hospital or | ||||||
4 | approved pediatric health care facility will give the | ||||||
5 | sexual assault survivor a sexual assault services voucher | ||||||
6 | for follow-up healthcare if the sexual assault survivor is | ||||||
7 | eligible to receive a sexual assault services voucher; | ||||||
8 | (4) the definition of "follow-up healthcare" as set | ||||||
9 | forth in Section 1a of this Act; | ||||||
10 | (5) a phone number the sexual assault survivor may | ||||||
11 | call should the sexual assault survivor receive a bill | ||||||
12 | from the hospital or approved pediatric health care | ||||||
13 | facility for medical forensic services; | ||||||
14 | (6) the toll-free phone number of the Office of the | ||||||
15 | Illinois Attorney General, Crime Victim Services Division, | ||||||
16 | which the sexual assault survivor may call should the | ||||||
17 | sexual assault survivor receive a bill from an ambulance | ||||||
18 | provider, approved pediatric health care facility, a | ||||||
19 | health care professional, a laboratory, or a pharmacy. | ||||||
20 | This subsection (c) shall not apply to hospitals that | ||||||
21 | provide transfer services as defined under Section 1a of this | ||||||
22 | Act. | ||||||
23 | (d) Within 60 days after the effective date of this | ||||||
24 | amendatory Act of the 99th General Assembly, every health care | ||||||
25 | professional, except for those employed by a hospital or | ||||||
26 | hospital affiliate, as defined in the Hospital Licensing Act, |
| |||||||
| |||||||
1 | or those employed by a hospital operated under the University | ||||||
2 | of Illinois Hospital Act, who bills separately for medical or | ||||||
3 | forensic services must develop a billing protocol that ensures | ||||||
4 | that no survivor of sexual assault will be sent a bill for any | ||||||
5 | medical forensic services and submit the billing protocol to | ||||||
6 | the Crime Victim Services Division of the Office of the | ||||||
7 | Attorney General for approval. Within 60 days after the | ||||||
8 | commencement of the provision of medical forensic services, | ||||||
9 | every health care professional, except for those employed by a | ||||||
10 | hospital or hospital affiliate, as defined in the Hospital | ||||||
11 | Licensing Act, or those employed by a hospital operated under | ||||||
12 | the University of Illinois Hospital Act, who bills separately | ||||||
13 | for medical or forensic services must develop a billing | ||||||
14 | protocol that ensures that no survivor of sexual assault is | ||||||
15 | sent a bill for any medical forensic services and submit the | ||||||
16 | billing protocol to the Crime Victim Services Division of the | ||||||
17 | Office of the Attorney General for approval. Health care | ||||||
18 | professionals who bill as a legal entity may submit a single | ||||||
19 | billing protocol for the billing entity. | ||||||
20 | Within 60 days after the Department's approval of a | ||||||
21 | treatment plan, an approved pediatric health care facility and | ||||||
22 | any health care professional employed by an approved pediatric | ||||||
23 | health care facility must develop a billing protocol that | ||||||
24 | ensures that no survivor of sexual assault is sent a bill for | ||||||
25 | any medical forensic services and submit the billing protocol | ||||||
26 | to the Crime Victim Services Division of the Office of the |
| |||||||
| |||||||
1 | Attorney General for approval. | ||||||
2 | The billing protocol must include at a minimum: | ||||||
3 | (1) a description of training for persons who prepare | ||||||
4 | bills for medical and forensic services; | ||||||
5 | (2) a written acknowledgement signed by a person who | ||||||
6 | has completed the training that the person will not bill | ||||||
7 | survivors of sexual assault; | ||||||
8 | (3) prohibitions on submitting any bill for any | ||||||
9 | portion of medical forensic services provided to a | ||||||
10 | survivor of sexual assault to a collection agency; | ||||||
11 | (4) prohibitions on taking any action that would | ||||||
12 | adversely affect the credit of the survivor of sexual | ||||||
13 | assault; | ||||||
14 | (5) the termination of all collection activities if | ||||||
15 | the protocol is violated; and | ||||||
16 | (6) the actions to be taken if a bill is sent to a | ||||||
17 | collection agency or the failure to pay is reported to any | ||||||
18 | credit reporting agency. | ||||||
19 | The Crime Victim Services Division of the Office of the | ||||||
20 | Attorney General may provide a sample acceptable billing | ||||||
21 | protocol upon request. | ||||||
22 | The Office of the Attorney General shall approve a | ||||||
23 | proposed protocol if it finds that the implementation of the | ||||||
24 | protocol would result in no survivor of sexual assault being | ||||||
25 | billed or sent a bill for medical forensic services. | ||||||
26 | If the Office of the Attorney General determines that |
| |||||||
| |||||||
1 | implementation of the protocol could result in the billing of | ||||||
2 | a survivor of sexual assault for medical forensic services, | ||||||
3 | the Office of the Attorney General shall provide the health | ||||||
4 | care professional or approved pediatric health care facility | ||||||
5 | with a written statement of the deficiencies in the protocol. | ||||||
6 | The health care professional or approved pediatric health care | ||||||
7 | facility shall have 30 days to submit a revised billing | ||||||
8 | protocol addressing the deficiencies to the Office of the | ||||||
9 | Attorney General. The health care professional or approved | ||||||
10 | pediatric health care facility shall implement the protocol | ||||||
11 | upon approval by the Crime Victim Services Division of the | ||||||
12 | Office of the Attorney General. | ||||||
13 | The health care professional or approved pediatric health | ||||||
14 | care facility shall submit any proposed revision to or | ||||||
15 | modification of an approved billing protocol to the Crime | ||||||
16 | Victim Services Division of the Office of the Attorney General | ||||||
17 | for approval. The health care professional or approved | ||||||
18 | pediatric health care facility shall implement the revised or | ||||||
19 | modified billing protocol upon approval by the Crime Victim | ||||||
20 | Services Division of the Office of the Illinois Attorney | ||||||
21 | General. | ||||||
22 | (e) This Section is effective on and after January 1, | ||||||
23 | 2024. | ||||||
24 | (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; | ||||||
25 | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. | ||||||
26 | 1-1-23 .)
|
| |||||||
| |||||||
1 | Section 190. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as | ||||||
3 | follows:
| ||||||
4 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) | ||||||
5 | Sec. 6-204. When court to forward license and reports. | ||||||
6 | (a) For the purpose of providing to the Secretary of State | ||||||
7 | the records essential to the performance of the Secretary's | ||||||
8 | duties under this Code to cancel, revoke or suspend the | ||||||
9 | driver's license and privilege to drive motor vehicles of | ||||||
10 | certain minors and of persons found guilty of the criminal | ||||||
11 | offenses or traffic violations which this Code recognizes as | ||||||
12 | evidence relating to unfitness to safely operate motor | ||||||
13 | vehicles, the following duties are imposed upon public | ||||||
14 | officials: | ||||||
15 | (1) Whenever any person is convicted of any offense | ||||||
16 | for which this Code makes mandatory the cancellation or | ||||||
17 | revocation of the driver's license or permit of such | ||||||
18 | person by the Secretary of State, the judge of the court in | ||||||
19 | which such conviction is had shall require the surrender | ||||||
20 | to the clerk of the court of all driver's licenses or | ||||||
21 | permits then held by the person so convicted, and the | ||||||
22 | clerk of the court shall, within 5 days thereafter, | ||||||
23 | forward the same, together with a report of such | ||||||
24 | conviction, to the Secretary. |
| |||||||
| |||||||
1 | (2) Whenever any person is convicted of any offense | ||||||
2 | under this Code or similar offenses under a municipal | ||||||
3 | ordinance, other than regulations governing standing, | ||||||
4 | parking or weights of vehicles, and excepting the | ||||||
5 | following enumerated Sections of this Code: Sections | ||||||
6 | 11-1406 (obstruction to driver's view or control), 11-1407 | ||||||
7 | (improper opening of door into traffic), 11-1410 (coasting | ||||||
8 | on downgrade), 11-1411 (following fire apparatus), | ||||||
9 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving | ||||||
10 | vehicle which is in unsafe condition or improperly | ||||||
11 | equipped), 12-201(a) (daytime lights on motorcycles), | ||||||
12 | 12-202 (clearance, identification and side marker lamps), | ||||||
13 | 12-204 (lamp or flag on projecting load), 12-205 (failure | ||||||
14 | to display the safety lights required), 12-401 | ||||||
15 | (restrictions as to tire equipment), 12-502 (mirrors), | ||||||
16 | 12-503 (windshields must be unobstructed and equipped with | ||||||
17 | wipers), 12-601 (horns and warning devices), 12-602 | ||||||
18 | (mufflers, prevention of noise or smoke), 12-603 (seat | ||||||
19 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
20 | other warning devices), 12-703 (vehicles for oiling roads | ||||||
21 | operated on highways), 12-710 (splash guards and | ||||||
22 | replacements), 13-101 (safety tests), 15-101 (size, weight | ||||||
23 | and load), 15-102 (width), 15-103 (height), 15-104 (name | ||||||
24 | and address on second division vehicles), 15-107 (length | ||||||
25 | of vehicle), 15-109.1 (cover or tarpaulin), 15-111 | ||||||
26 | (weights), 15-112 (weights), 15-301 (weights), 15-316 |
| |||||||
| |||||||
1 | (weights), 15-318 (weights), and also excepting the | ||||||
2 | following enumerated Sections of the Chicago Municipal | ||||||
3 | Code: Sections 27-245 (following fire apparatus), 27-254 | ||||||
4 | (obstruction of traffic), 27-258 (driving vehicle which is | ||||||
5 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
6 | 27-264 (use of horns and signal devices), 27-265 | ||||||
7 | (obstruction to driver's view or driver mechanism), 27-267 | ||||||
8 | (dimming of headlights), 27-268 (unattended motor | ||||||
9 | vehicle), 27-272 (illegal funeral procession), 27-273 | ||||||
10 | (funeral procession on boulevard), 27-275 (driving freight | ||||||
11 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
12 | standing of buses or taxicabs), 27-277 (cruising of public | ||||||
13 | passenger vehicles), 27-305 (parallel parking), 27-306 | ||||||
14 | (diagonal parking), 27-307 (parking not to obstruct | ||||||
15 | traffic), 27-308 (stopping, standing or parking | ||||||
16 | regulated), 27-311 (parking regulations), 27-312 (parking | ||||||
17 | regulations), 27-313 (parking regulations), 27-314 | ||||||
18 | (parking regulations), 27-315 (parking regulations), | ||||||
19 | 27-316 (parking regulations), 27-317 (parking | ||||||
20 | regulations), 27-318 (parking regulations), 27-319 | ||||||
21 | (parking regulations), 27-320 (parking regulations), | ||||||
22 | 27-321 (parking regulations), 27-322 (parking | ||||||
23 | regulations), 27-324 (loading and unloading at an angle), | ||||||
24 | 27-333 (wheel and axle loads), 27-334 (load restrictions | ||||||
25 | in the downtown district), 27-335 (load restrictions in | ||||||
26 | residential areas), 27-338 (width of vehicles), 27-339 |
| |||||||
| |||||||
1 | (height of vehicles), 27-340 (length of vehicles), 27-352 | ||||||
2 | (reflectors on trailers), 27-353 (mufflers), 27-354 | ||||||
3 | (display of plates), 27-355 (display of city vehicle tax | ||||||
4 | sticker), 27-357 (identification of vehicles), 27-358 | ||||||
5 | (projecting of loads), and also excepting the following | ||||||
6 | enumerated paragraphs of Section 2-201 of the Rules and | ||||||
7 | Regulations of the Illinois State Toll Highway Authority: | ||||||
8 | (l) (driving unsafe vehicle on tollway), (m) (vehicles | ||||||
9 | transporting dangerous cargo not properly indicated), it | ||||||
10 | shall be the duty of the clerk of the court in which such | ||||||
11 | conviction is had within 5 days thereafter to forward to | ||||||
12 | the Secretary of State a report of the conviction and the | ||||||
13 | court may recommend the suspension of the driver's license | ||||||
14 | or permit of the person so convicted. | ||||||
15 | The reporting requirements of this subsection shall | ||||||
16 | apply to all violations stated in paragraphs (1) and (2) | ||||||
17 | of this subsection when the individual has been | ||||||
18 | adjudicated under the Juvenile Court Act or the Juvenile | ||||||
19 | Court Act of 1987. Such reporting requirements shall also | ||||||
20 | apply to individuals adjudicated under the Juvenile Court | ||||||
21 | Act or the Juvenile Court Act of 1987 who have committed a | ||||||
22 | violation of Section 11-501 of this Code, or similar | ||||||
23 | provision of a local ordinance, or Section 9-3 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | relating to the offense of reckless homicide, or Section | ||||||
26 | 5-7 of the Snowmobile Registration and Safety Act or |
| |||||||
| |||||||
1 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
2 | relating to the offense of operating a snowmobile or a | ||||||
3 | watercraft while under the influence of alcohol, other | ||||||
4 | drug or drugs, intoxicating compound or compounds, or | ||||||
5 | combination thereof. These reporting requirements also | ||||||
6 | apply to individuals adjudicated under the Juvenile Court | ||||||
7 | Act of 1987 based on any offense determined to have been | ||||||
8 | committed in furtherance of the criminal activities of an | ||||||
9 | organized gang, as provided in Section 5-710 of that Act, | ||||||
10 | if those activities involved the operation or use of a | ||||||
11 | motor vehicle. It shall be the duty of the clerk of the | ||||||
12 | court in which adjudication is had within 5 days | ||||||
13 | thereafter to forward to the Secretary of State a report | ||||||
14 | of the adjudication and the court order requiring the | ||||||
15 | Secretary of State to suspend the minor's driver's license | ||||||
16 | and driving privilege for such time as determined by the | ||||||
17 | court, but only until he or she attains the age of 18 | ||||||
18 | years. All juvenile court dispositions reported to the | ||||||
19 | Secretary of State under this provision shall be processed | ||||||
20 | by the Secretary of State as if the cases had been | ||||||
21 | adjudicated in traffic or criminal court. However, | ||||||
22 | information reported relative to the offense of reckless | ||||||
23 | homicide, or Section 11-501 of this Code, or a similar | ||||||
24 | provision of a local ordinance, shall be privileged and | ||||||
25 | available only to the Secretary of State, courts, and | ||||||
26 | police officers. |
| |||||||
| |||||||
1 | The reporting requirements of this subsection (a) | ||||||
2 | apply to all violations listed in paragraphs (1) and (2) | ||||||
3 | of this subsection (a), excluding parking violations, when | ||||||
4 | the driver holds a CLP or CDL, regardless of the type of | ||||||
5 | vehicle in which the violation occurred, or when any | ||||||
6 | driver committed the violation in a commercial motor | ||||||
7 | vehicle as defined in Section 6-500 of this Code. | ||||||
8 | (3) Whenever an order is entered vacating the | ||||||
9 | forfeiture of any bail, security or bond given to secure | ||||||
10 | appearance for any offense under this Code or similar | ||||||
11 | offenses under municipal ordinance, it shall be the duty | ||||||
12 | of the clerk of the court in which such vacation was had or | ||||||
13 | the judge of such court if such court has no clerk, within | ||||||
14 | 5 days thereafter to forward to the Secretary of State a | ||||||
15 | report of the vacation. Whenever an order is entered | ||||||
16 | revoking pretrial release given to secure appearance for | ||||||
17 | any offense under this Code or similar offenses under | ||||||
18 | municipal ordinance, it shall be the duty of the clerk of | ||||||
19 | the court in which such revocation was had or the judge of | ||||||
20 | such court if such court has no clerk, within 5 days | ||||||
21 | thereafter to forward to the Secretary of State a report | ||||||
22 | of the revocation. | ||||||
23 | (4) A report of any disposition of court supervision | ||||||
24 | for a violation of Sections 6-303, 11-401, 11-501 or a | ||||||
25 | similar provision of a local ordinance, 11-503, 11-504, | ||||||
26 | and 11-506 of this Code, Section 5-7 of the Snowmobile |
| |||||||
| |||||||
1 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
2 | Registration and Safety Act shall be forwarded to the | ||||||
3 | Secretary of State. A report of any disposition of court | ||||||
4 | supervision for a violation of an offense defined as a | ||||||
5 | serious traffic violation in this Code or a similar | ||||||
6 | provision of a local ordinance committed by a person under | ||||||
7 | the age of 21 years shall be forwarded to the Secretary of | ||||||
8 | State. | ||||||
9 | (5) Reports of conviction under this Code and | ||||||
10 | sentencing hearings under the Juvenile Court Act of 1987 | ||||||
11 | in an electronic format or a computer processible medium | ||||||
12 | shall be forwarded to the Secretary of State via the | ||||||
13 | Supreme Court in the form and format required by the | ||||||
14 | Illinois Supreme Court and established by a written | ||||||
15 | agreement between the Supreme Court and the Secretary of | ||||||
16 | State. In counties with a population over 300,000, instead | ||||||
17 | of forwarding reports to the Supreme Court, reports of | ||||||
18 | conviction under this Code and sentencing hearings under | ||||||
19 | the Juvenile Court Act of 1987 in an electronic format or a | ||||||
20 | computer processible medium may be forwarded to the | ||||||
21 | Secretary of State by the Circuit Court Clerk in a form and | ||||||
22 | format required by the Secretary of State and established | ||||||
23 | by written agreement between the Circuit Court Clerk and | ||||||
24 | the Secretary of State. Failure to forward the reports of | ||||||
25 | conviction or sentencing hearing under the Juvenile Court | ||||||
26 | Act of 1987 as required by this Section shall be deemed an |
| |||||||
| |||||||
1 | omission of duty and it shall be the duty of the several | ||||||
2 | State's Attorneys to enforce the requirements of this | ||||||
3 | Section. | ||||||
4 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
5 | court, as a result of confiscation by a police officer | ||||||
6 | pursuant to the authority in Section 6-113(f), it shall be the | ||||||
7 | duty of the clerk, or judge, if the court has no clerk, to | ||||||
8 | forward such restricted driving permit and a facsimile of the | ||||||
9 | officer's citation to the Secretary of State as expeditiously | ||||||
10 | as practicable. | ||||||
11 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
12 | collateral deposited to secure a defendant's appearance in | ||||||
13 | court when forfeiture has not been vacated, or the failure of a | ||||||
14 | defendant to appear for trial after depositing his driver's | ||||||
15 | license in lieu of other bail, shall be equivalent to a | ||||||
16 | conviction. For the purposes of this Code, a revocation of | ||||||
17 | pretrial release that has not been vacated, or the failure of a | ||||||
18 | defendant to appear for trial after depositing his driver's | ||||||
19 | license, shall be equivalent to a conviction. | ||||||
20 | (d) For the purpose of providing the Secretary of State | ||||||
21 | with records necessary to properly monitor and assess driver | ||||||
22 | performance and assist the courts in the proper disposition of | ||||||
23 | repeat traffic law offenders, the clerk of the court shall | ||||||
24 | forward to the Secretary of State, on a form prescribed by the | ||||||
25 | Secretary, records of a driver's participation in a driver | ||||||
26 | remedial or rehabilitative program which was required, through |
| |||||||
| |||||||
1 | a court order or court supervision, in relation to the | ||||||
2 | driver's arrest for a violation of Section 11-501 of this Code | ||||||
3 | or a similar provision of a local ordinance. The clerk of the | ||||||
4 | court shall also forward to the Secretary, either on paper or | ||||||
5 | in an electronic format or a computer processible medium as | ||||||
6 | required under paragraph (5) of subsection (a) of this | ||||||
7 | Section, any disposition of court supervision for any traffic | ||||||
8 | violation, excluding those offenses listed in paragraph (2) of | ||||||
9 | subsection (a) of this Section. These reports shall be sent | ||||||
10 | within 5 days after disposition, or, if the driver is referred | ||||||
11 | to a driver remedial or rehabilitative program, within 5 days | ||||||
12 | of the driver's referral to that program. These reports | ||||||
13 | received by the Secretary of State, including those required | ||||||
14 | to be forwarded under paragraph (a)(4), shall be privileged | ||||||
15 | information, available only (i) to the affected driver, (ii) | ||||||
16 | to the parent or guardian of a person under the age of 18 years | ||||||
17 | holding an instruction permit or a graduated driver's license, | ||||||
18 | and (iii) for use by the courts, police officers, prosecuting | ||||||
19 | authorities, the Secretary of State, and the driver licensing | ||||||
20 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
21 | Part 384, all reports of court supervision, except violations | ||||||
22 | related to parking, shall be forwarded to the Secretary of | ||||||
23 | State for all holders of a CLP or CDL or any driver who commits | ||||||
24 | an offense while driving a commercial motor vehicle. These | ||||||
25 | reports shall be recorded to the driver's record as a | ||||||
26 | conviction for use in the disqualification of the driver's |
| |||||||
| |||||||
1 | commercial motor vehicle privileges and shall not be | ||||||
2 | privileged information. | ||||||
3 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; | ||||||
4 | 102-1104, eff. 1-1-23.)
| ||||||
5 | (625 ILCS 5/6-308) | ||||||
6 | Sec. 6-308. Procedures for traffic violations. | ||||||
7 | (a) Any person cited for violating this Code or a similar | ||||||
8 | provision of a local ordinance for which a violation is a petty | ||||||
9 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
10 | Corrections, excluding business offenses as defined by Section | ||||||
11 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
12 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
13 | Code, shall not be required to sign the citation or post bond | ||||||
14 | to secure bail for his or her release. All other provisions of | ||||||
15 | this Code or similar provisions of local ordinances shall be | ||||||
16 | governed by the bail pretrial release provisions of the | ||||||
17 | Illinois Supreme Court Rules when it is not practical or | ||||||
18 | feasible to take the person before a judge to have bail | ||||||
19 | conditions of pretrial release set or to avoid undue delay | ||||||
20 | because of the hour or circumstances. | ||||||
21 | (b) Whenever a person fails to appear in court, the court | ||||||
22 | may continue the case for a minimum of 30 days and the clerk of | ||||||
23 | the court shall send notice of the continued court date to the | ||||||
24 | person's last known address. If the person does not appear in | ||||||
25 | court on or before the continued court date or satisfy the |
| |||||||
| |||||||
1 | court that the person's appearance in and surrender to the | ||||||
2 | court is impossible for no fault of the person, the court shall | ||||||
3 | enter an order of failure to appear. The clerk of the court | ||||||
4 | shall notify the Secretary of State, on a report prescribed by | ||||||
5 | the Secretary, of the court's order. The Secretary, when | ||||||
6 | notified by the clerk of the court that an order of failure to | ||||||
7 | appear has been entered, shall immediately suspend the | ||||||
8 | person's driver's license, which shall be designated by the | ||||||
9 | Secretary as a Failure to Appear suspension. The Secretary | ||||||
10 | shall not remove the suspension, nor issue any permit or | ||||||
11 | privileges to the person whose license has been suspended, | ||||||
12 | until notified by the ordering court that the person has | ||||||
13 | appeared and resolved the violation. Upon compliance, the | ||||||
14 | clerk of the court shall present the person with a notice of | ||||||
15 | compliance containing the seal of the court, and shall notify | ||||||
16 | the Secretary that the person has appeared and resolved the | ||||||
17 | violation. | ||||||
18 | (c) Illinois Supreme Court Rules shall govern bail | ||||||
19 | pretrial release and appearance procedures when a person who | ||||||
20 | is a resident of another state that is not a member of the | ||||||
21 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
22 | this Code or a similar provision of a local ordinance. | ||||||
23 | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .)
| ||||||
24 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500) | ||||||
25 | Sec. 6-500. Definitions of words and phrases. |
| |||||||
| |||||||
1 | Notwithstanding the definitions set forth elsewhere in this | ||||||
2 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
3 | Act (UCDLA), the words and phrases listed below have the | ||||||
4 | meanings ascribed to them as follows: | ||||||
5 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
6 | form of alcohol, including but not limited to ethanol, | ||||||
7 | methanol, propanol, and isopropanol. | ||||||
8 | (2) Alcohol concentration. "Alcohol concentration" means: | ||||||
9 | (A) the number of grams of alcohol per 210 liters of | ||||||
10 | breath; or | ||||||
11 | (B) the number of grams of alcohol per 100 milliliters | ||||||
12 | of blood; or | ||||||
13 | (C) the number of grams of alcohol per 67 milliliters | ||||||
14 | of urine. | ||||||
15 | Alcohol tests administered within 2 hours of the driver | ||||||
16 | being "stopped or detained" shall be considered that driver's | ||||||
17 | "alcohol concentration" for the purposes of enforcing this | ||||||
18 | UCDLA. | ||||||
19 | (3) (Blank). | ||||||
20 | (4) (Blank). | ||||||
21 | (5) (Blank). | ||||||
22 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
23 | electronic record of the individual CDL driver's status and | ||||||
24 | history stored by the State-of-Record as part of the | ||||||
25 | Commercial Driver's License Information System, or CDLIS, | ||||||
26 | established under 49 U.S.C. 31309. |
| |||||||
| |||||||
1 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
2 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
3 | driver record meeting the requirements for access to CDLIS | ||||||
4 | information and provided by states to users authorized in 49 | ||||||
5 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
6 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
7 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
8 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
9 | (A) a state allows the driver to change his or her | ||||||
10 | self-certification to interstate, but operating | ||||||
11 | exclusively in transportation or operation excepted from | ||||||
12 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
13 | 391.2, 391.68, or 398.3; | ||||||
14 | (B) a state allows the driver to change his or her | ||||||
15 | self-certification to intrastate only, if the driver | ||||||
16 | qualifies under that state's physical qualification | ||||||
17 | requirements for intrastate only; | ||||||
18 | (C) a state allows the driver to change his or her | ||||||
19 | certification to intrastate, but operating exclusively in | ||||||
20 | transportation or operations excepted from all or part of | ||||||
21 | the state driver qualification requirements; or | ||||||
22 | (D) a state removes the CDL privilege from the driver | ||||||
23 | license. | ||||||
24 | (6) Commercial Motor Vehicle. | ||||||
25 | (A) "Commercial motor vehicle" or "CMV" means a motor | ||||||
26 | vehicle or combination of motor vehicles used in commerce, |
| |||||||
| |||||||
1 | except those referred to in subdivision (B), designed to | ||||||
2 | transport passengers or property if the motor vehicle: | ||||||
3 | (i) has a gross combination weight rating or gross | ||||||
4 | combination weight of 11,794 kilograms or more (26,001 | ||||||
5 | pounds or more), whichever is greater, inclusive of | ||||||
6 | any towed unit with a gross vehicle weight rating or | ||||||
7 | gross vehicle weight of more than 4,536 kilograms | ||||||
8 | (10,000 pounds), whichever is greater; or | ||||||
9 | (i-5) has a gross vehicle weight rating or gross | ||||||
10 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
11 | pounds or more), whichever is greater; or | ||||||
12 | (ii) is designed to transport 16 or more persons, | ||||||
13 | including the driver; or | ||||||
14 | (iii) is of any size and is used in transporting | ||||||
15 | hazardous materials as defined in 49 C.F.R. 383.5. | ||||||
16 | (B) Pursuant to the interpretation of the Commercial | ||||||
17 | Motor Vehicle Safety Act of 1986 by the Federal Highway | ||||||
18 | Administration, the definition of "commercial motor | ||||||
19 | vehicle" does not include: | ||||||
20 | (i) recreational vehicles, when operated primarily | ||||||
21 | for personal use; | ||||||
22 | (ii) vehicles owned by or operated under the | ||||||
23 | direction of the United States Department of Defense | ||||||
24 | or the United States Coast Guard only when operated by | ||||||
25 | non-civilian personnel. This includes any operator on | ||||||
26 | active military duty; members of the Reserves; |
| |||||||
| |||||||
1 | National Guard; personnel on part-time training; and | ||||||
2 | National Guard military technicians (civilians who are | ||||||
3 | required to wear military uniforms and are subject to | ||||||
4 | the Code of Military Justice); or | ||||||
5 | (iii) firefighting, police, and other emergency | ||||||
6 | equipment (including, without limitation, equipment | ||||||
7 | owned or operated by a HazMat or technical rescue team | ||||||
8 | authorized by a county board under Section 5-1127 of | ||||||
9 | the Counties Code), with audible and visual signals, | ||||||
10 | owned or operated by or for a governmental entity, | ||||||
11 | which is necessary to the preservation of life or | ||||||
12 | property or the execution of emergency governmental | ||||||
13 | functions which are normally not subject to general | ||||||
14 | traffic rules and regulations. | ||||||
15 | (7) Controlled Substance. "Controlled substance" shall | ||||||
16 | have the same meaning as defined in Section 102 of the Illinois | ||||||
17 | Controlled Substances Act, and shall also include cannabis as | ||||||
18 | defined in Section 3 of the Cannabis Control Act and | ||||||
19 | methamphetamine as defined in Section 10 of the | ||||||
20 | Methamphetamine Control and Community Protection Act. | ||||||
21 | (8) Conviction. "Conviction" means an unvacated | ||||||
22 | adjudication of guilt or a determination that a person has | ||||||
23 | violated or failed to comply with the law in a court of | ||||||
24 | original jurisdiction or by an authorized administrative | ||||||
25 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
26 | deposited to secure the person's appearance in court; a plea |
| |||||||
| |||||||
1 | of guilty or nolo contendere accepted by the court; the | ||||||
2 | payment of a fine or court cost regardless of whether the | ||||||
3 | imposition of sentence is deferred and ultimately a judgment | ||||||
4 | dismissing the underlying charge is entered; or a violation of | ||||||
5 | a condition of release without bail, regardless of whether or | ||||||
6 | not the penalty is rebated, suspended or probated. | ||||||
7 | "Conviction" means an unvacated adjudication of guilt or a | ||||||
8 | determination that a person has violated or failed to comply | ||||||
9 | with the law in a court of original jurisdiction or by an | ||||||
10 | authorized administrative tribunal; an unvacated revocation of | ||||||
11 | pretrial release; a plea of guilty or nolo contendere accepted | ||||||
12 | by the court; or the payment of a fine or court cost regardless | ||||||
13 | of whether the imposition of sentence is deferred and | ||||||
14 | ultimately a judgment dismissing the underlying charge is | ||||||
15 | entered. | ||||||
16 | (8.5) Day. "Day" means calendar day. | ||||||
17 | (9) (Blank). | ||||||
18 | (10) (Blank). | ||||||
19 | (11) (Blank). | ||||||
20 | (12) (Blank). | ||||||
21 | (13) Driver. "Driver" means any person who drives, | ||||||
22 | operates, or is in physical control of a commercial motor | ||||||
23 | vehicle, any person who is required to hold a CDL, or any | ||||||
24 | person who is a holder of a CDL while operating a | ||||||
25 | non-commercial motor vehicle. | ||||||
26 | (13.5) Driver applicant. "Driver applicant" means an |
| |||||||
| |||||||
1 | individual who applies to a state or other jurisdiction to | ||||||
2 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
3 | a CLP. | ||||||
4 | (13.6) Drug and alcohol clearinghouse. "Drug and alcohol | ||||||
5 | clearinghouse" means a database system established by the | ||||||
6 | Federal Motor Carrier Safety Administration that permits the | ||||||
7 | access and retrieval of a drug and alcohol testing violation | ||||||
8 | or violations precluding an applicant or employee from | ||||||
9 | occupying safety-sensitive positions involving the operation | ||||||
10 | of a commercial motor vehicle. | ||||||
11 | (13.8) Electronic device. "Electronic device" includes, | ||||||
12 | but is not limited to, a cellular telephone, personal digital | ||||||
13 | assistant, pager, computer, or any other device used to input, | ||||||
14 | write, send, receive, or read text. | ||||||
15 | (14) Employee. "Employee" means a person who is employed | ||||||
16 | as a commercial motor vehicle driver. A person who is | ||||||
17 | self-employed as a commercial motor vehicle driver must comply | ||||||
18 | with the requirements of this UCDLA pertaining to employees. | ||||||
19 | An owner-operator on a long-term lease shall be considered an | ||||||
20 | employee. | ||||||
21 | (15) Employer. "Employer" means a person (including the | ||||||
22 | United States, a State or a local authority) who owns or leases | ||||||
23 | a commercial motor vehicle or assigns employees to operate | ||||||
24 | such a vehicle. A person who is self-employed as a commercial | ||||||
25 | motor vehicle driver must comply with the requirements of this | ||||||
26 | UCDLA. |
| |||||||
| |||||||
1 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
2 | to an individual's CLP or CDL required to permit the | ||||||
3 | individual to operate certain types of commercial motor | ||||||
4 | vehicles. | ||||||
5 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
6 | training" means the training an entry-level driver receives | ||||||
7 | from an entity listed on the Federal Motor Carrier Safety | ||||||
8 | Administration's Training Provider Registry prior to: (i) | ||||||
9 | taking the CDL skills test required to receive the Class A or | ||||||
10 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
11 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
12 | taking the CDL skills test required to obtain a passenger or | ||||||
13 | school bus endorsement for the first time or the CDL knowledge | ||||||
14 | test required to obtain a hazardous materials endorsement for | ||||||
15 | the first time. | ||||||
16 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
17 | person who operates or expects to operate in interstate | ||||||
18 | commerce, but engages exclusively in transportation or | ||||||
19 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
20 | or 398.3 from all or part of the qualification requirements of | ||||||
21 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
22 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
23 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
24 | person who operates in intrastate commerce but engages | ||||||
25 | exclusively in transportation or operations excepted from all | ||||||
26 | or parts of the state driver qualification requirements. |
| |||||||
| |||||||
1 | (16) (Blank). | ||||||
2 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
3 | a result of a motor vehicle crash. | ||||||
4 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
5 | driver" means a person licensed to operate a commercial motor | ||||||
6 | vehicle by an authority outside the United States, or a | ||||||
7 | citizen of a foreign country who operates a commercial motor | ||||||
8 | vehicle in the United States. | ||||||
9 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
10 | sovereign jurisdiction that does not fall within the | ||||||
11 | definition of "State". | ||||||
12 | (18) (Blank). | ||||||
13 | (19) (Blank). | ||||||
14 | (20) Hazardous materials. "Hazardous material" means any | ||||||
15 | material that has been designated under 49 U.S.C. 5103 and is | ||||||
16 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
17 | or any quantity of a material listed as a select agent or toxin | ||||||
18 | in 42 C.F.R. part 73. | ||||||
19 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
20 | existence of any condition of a vehicle, employee, or | ||||||
21 | commercial motor vehicle operations that substantially | ||||||
22 | increases the likelihood of serious injury or death if not | ||||||
23 | discontinued immediately; or a condition relating to hazardous | ||||||
24 | material that presents a substantial likelihood that death, | ||||||
25 | serious illness, severe personal injury, or a substantial | ||||||
26 | endangerment to health, property, or the environment may occur |
| |||||||
| |||||||
1 | before the reasonably foreseeable completion date of a formal | ||||||
2 | proceeding begun to lessen the risk of that death, illness, | ||||||
3 | injury or endangerment. | ||||||
4 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
5 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
6 | non-domiciled CLP or CDL. | ||||||
7 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
8 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
9 | non-domiciled CDL. | ||||||
10 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
11 | commercial motor vehicle by the owner-lessor to a lessee, for | ||||||
12 | a period of more than 29 days. | ||||||
13 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
14 | transmission utilizing a driver-operated clutch that is | ||||||
15 | activated by a pedal or lever and a gear-shift mechanism | ||||||
16 | operated either by hand or foot including those known as a | ||||||
17 | stick shift, stick, straight drive, or standard transmission. | ||||||
18 | All other transmissions, whether semi-automatic or automatic, | ||||||
19 | shall be considered automatic for the purposes of the | ||||||
20 | standardized restriction code. | ||||||
21 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
22 | individual certified by the Federal Motor Carrier Safety | ||||||
23 | Administration and listed on the National Registry of | ||||||
24 | Certified Medical Examiners in accordance with Federal Motor | ||||||
25 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
26 | (21.2) Medical examiner's certificate. "Medical examiner's |
| |||||||
| |||||||
1 | certificate" means either (1) prior to June 22, 2021, a | ||||||
2 | document prescribed or approved by the Secretary of State that | ||||||
3 | is issued by a medical examiner to a driver to medically | ||||||
4 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
5 | electronic submission of results of an examination conducted | ||||||
6 | by a medical examiner listed on the National Registry of | ||||||
7 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
8 | Safety Administration of a driver to medically qualify him or | ||||||
9 | her to drive. | ||||||
10 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
11 | has received one of the following from the Federal Motor | ||||||
12 | Carrier Safety Administration which allows the driver to be | ||||||
13 | issued a medical certificate: (1) an exemption letter | ||||||
14 | permitting operation of a commercial motor vehicle pursuant to | ||||||
15 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
16 | skill performance evaluation (SPE) certificate permitting | ||||||
17 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
18 | 391.49. | ||||||
19 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
20 | communication device that falls under or uses any commercial | ||||||
21 | mobile radio service, as defined in regulations of the Federal | ||||||
22 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
23 | two-way or citizens band radio services. | ||||||
24 | (22) Motor Vehicle. "Motor vehicle" means every vehicle | ||||||
25 | which is self-propelled, and every vehicle which is propelled | ||||||
26 | by electric power obtained from over head trolley wires but |
| |||||||
| |||||||
1 | not operated upon rails, except vehicles moved solely by human | ||||||
2 | power and motorized wheel chairs. | ||||||
3 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
4 | a report of the driving status and history of a driver | ||||||
5 | generated from the driver record provided to users, such as | ||||||
6 | drivers or employers, and is subject to the provisions of the | ||||||
7 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
8 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
9 | combination of motor vehicles not defined by the term | ||||||
10 | "commercial motor vehicle" or "CMV" in this Section. | ||||||
11 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
12 | means a person who operates or expects to operate in | ||||||
13 | interstate commerce, is subject to and meets the qualification | ||||||
14 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
15 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
16 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
17 | means a person who operates only in intrastate commerce and is | ||||||
18 | subject to State driver qualification requirements. | ||||||
19 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
20 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
21 | respectively, issued by a state or other jurisdiction under | ||||||
22 | either of the following two conditions: | ||||||
23 | (i) to an individual domiciled in a foreign country | ||||||
24 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
25 | of the Federal Motor Carrier Safety Administration. | ||||||
26 | (ii) to an individual domiciled in another state |
| |||||||
| |||||||
1 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
2 | of the Federal Motor Carrier Safety Administration. | ||||||
3 | (24) (Blank). | ||||||
4 | (25) (Blank). | ||||||
5 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
6 | "Railroad-highway grade crossing violation" means a violation, | ||||||
7 | while operating a commercial motor vehicle, of any of the | ||||||
8 | following: | ||||||
9 | (A) Section 11-1201, 11-1202, or 11-1425 of this Code. | ||||||
10 | (B) Any other similar law or local ordinance of any | ||||||
11 | state relating to railroad-highway grade crossing. | ||||||
12 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
13 | vehicle used to transport pre-primary, primary, or secondary | ||||||
14 | school students from home to school, from school to home, or to | ||||||
15 | and from school-sponsored events. "School bus" does not | ||||||
16 | include a bus used as a common carrier. | ||||||
17 | (26) Serious Traffic Violation. "Serious traffic | ||||||
18 | violation" means: | ||||||
19 | (A) a conviction when operating a commercial motor | ||||||
20 | vehicle, or when operating a non-CMV while holding a CLP | ||||||
21 | or CDL, of: | ||||||
22 | (i) a violation relating to excessive speeding, | ||||||
23 | involving a single speeding charge of 15 miles per | ||||||
24 | hour or more above the legal speed limit; or | ||||||
25 | (ii) a violation relating to reckless driving; or | ||||||
26 | (iii) a violation of any State law or local |
| |||||||
| |||||||
1 | ordinance relating to motor vehicle traffic control | ||||||
2 | (other than parking violations) arising in connection | ||||||
3 | with a fatal traffic crash; or | ||||||
4 | (iv) a violation of Section 6-501, relating to | ||||||
5 | having multiple driver's licenses; or | ||||||
6 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
7 | relating to the requirement to have a valid CLP or CDL; | ||||||
8 | or | ||||||
9 | (vi) a violation relating to improper or erratic | ||||||
10 | traffic lane changes; or | ||||||
11 | (vii) a violation relating to following another | ||||||
12 | vehicle too closely; or | ||||||
13 | (viii) a violation relating to texting while | ||||||
14 | driving; or | ||||||
15 | (ix) a violation relating to the use of a | ||||||
16 | hand-held mobile telephone while driving; or | ||||||
17 | (B) any other similar violation of a law or local | ||||||
18 | ordinance of any state relating to motor vehicle traffic | ||||||
19 | control, other than a parking violation, which the | ||||||
20 | Secretary of State determines by administrative rule to be | ||||||
21 | serious. | ||||||
22 | (27) State. "State" means a state of the United States, | ||||||
23 | the District of Columbia and any province or territory of | ||||||
24 | Canada. | ||||||
25 | (28) (Blank). | ||||||
26 | (29) (Blank). |
| |||||||
| |||||||
1 | (30) (Blank). | ||||||
2 | (31) (Blank). | ||||||
3 | (32) Texting. "Texting" means manually entering | ||||||
4 | alphanumeric text into, or reading text from, an electronic | ||||||
5 | device. | ||||||
6 | (1) Texting includes, but is not limited to, short | ||||||
7 | message service, emailing, instant messaging, a command or | ||||||
8 | request to access a World Wide Web page, pressing more | ||||||
9 | than a single button to initiate or terminate a voice | ||||||
10 | communication using a mobile telephone, or engaging in any | ||||||
11 | other form of electronic text retrieval or entry for | ||||||
12 | present or future communication. | ||||||
13 | (2) Texting does not include: | ||||||
14 | (i) inputting, selecting, or reading information | ||||||
15 | on a global positioning system or navigation system; | ||||||
16 | or | ||||||
17 | (ii) pressing a single button to initiate or | ||||||
18 | terminate a voice communication using a mobile | ||||||
19 | telephone; or | ||||||
20 | (iii) using a device capable of performing | ||||||
21 | multiple functions (for example, a fleet management | ||||||
22 | system, dispatching device, smart phone, citizens band | ||||||
23 | radio, or music player) for a purpose that is not | ||||||
24 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
25 | Carrier Safety Regulations. | ||||||
26 | (32.3) Third party skills test examiner. "Third party |
| |||||||
| |||||||
1 | skills test examiner" means a person employed by a third party | ||||||
2 | tester who is authorized by the State to administer the CDL | ||||||
3 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
4 | (32.5) Third party tester. "Third party tester" means a | ||||||
5 | person (including, but not limited to, another state, a motor | ||||||
6 | carrier, a private driver training facility or other private | ||||||
7 | institution, or a department, agency, or instrumentality of a | ||||||
8 | local government) authorized by the State to employ skills | ||||||
9 | test examiners to administer the CDL skills tests specified in | ||||||
10 | 49 C.F.R. Part 383, subparts G and H. | ||||||
11 | (32.7) United States. "United States" means the 50 states | ||||||
12 | and the District of Columbia. | ||||||
13 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
14 | mobile telephone" means: | ||||||
15 | (1) using at least one hand to hold a mobile telephone | ||||||
16 | to conduct a voice communication; | ||||||
17 | (2) dialing or answering a mobile telephone by | ||||||
18 | pressing more than a single button; or | ||||||
19 | (3) reaching for a mobile telephone in a manner that | ||||||
20 | requires a driver to maneuver so that he or she is no | ||||||
21 | longer in a seated driving position, restrained by a seat | ||||||
22 | belt that is installed in accordance with 49 CFR 393.93 | ||||||
23 | and adjusted in accordance with the vehicle manufacturer's | ||||||
24 | instructions. | ||||||
25 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; | ||||||
26 | 103-179, eff. 6-30-23.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601) | ||||||
2 | Sec. 6-601. Penalties. | ||||||
3 | (a) It is a petty offense for any person to violate any of | ||||||
4 | the provisions of this Chapter unless such violation is by | ||||||
5 | this Code or other law of this State declared to be a | ||||||
6 | misdemeanor or a felony. | ||||||
7 | (b) General penalties. Unless another penalty is in this | ||||||
8 | Code or other laws of this State, every person convicted of a | ||||||
9 | petty offense for the violation of any provision of this | ||||||
10 | Chapter shall be punished by a fine of not more than $500. | ||||||
11 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
12 | violation of Section 6-101 shall be: | ||||||
13 | 1. A Class A misdemeanor if the person failed to | ||||||
14 | obtain a driver's license or permit after expiration of a | ||||||
15 | period of revocation. | ||||||
16 | 2. A Class B misdemeanor if the person has been issued | ||||||
17 | a driver's license or permit, which has expired, and if | ||||||
18 | the period of expiration is greater than one year; or if | ||||||
19 | the person has never been issued a driver's license or | ||||||
20 | permit, or is not qualified to obtain a driver's license | ||||||
21 | or permit because of his age. | ||||||
22 | 3. A petty offense if the person has been issued a | ||||||
23 | temporary visitor's driver's license or permit and is | ||||||
24 | unable to provide proof of liability insurance as provided | ||||||
25 | in subsection (d-5) of Section 6-105.1. |
| |||||||
| |||||||
1 | If a licensee under this Code is convicted of violating | ||||||
2 | Section 6-303 for operating a motor vehicle during a time when | ||||||
3 | such licensee's driver's license was suspended under the | ||||||
4 | provisions of Section 6-306.3 or 6-308, then such act shall be | ||||||
5 | a petty offense (provided the licensee has answered the charge | ||||||
6 | which was the basis of the suspension under Section 6-306.3 or | ||||||
7 | 6-308), and there shall be imposed no additional like period | ||||||
8 | of suspension as provided in paragraph (b) of Section 6-303. | ||||||
9 | (d) For violations of this Code or a similar provision of a | ||||||
10 | local ordinance for which a violation is a petty offense as | ||||||
11 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
12 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
13 | Unified Code of Corrections or a violation of Section 15-111 | ||||||
14 | or subsection (d) of Section 3-401 of this Code, if the | ||||||
15 | violation may be satisfied without a court appearance, the | ||||||
16 | violator may, pursuant to Supreme Court Rule, satisfy the case | ||||||
17 | with a written plea of guilty and payment of fines, penalties, | ||||||
18 | and costs equal to the bail amount as established by the | ||||||
19 | Supreme Court for the offense. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
21 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103) | ||||||
22 | Sec. 16-103. Arrest outside county where violation | ||||||
23 | committed. | ||||||
24 | Whenever a defendant is arrested upon a warrant charging a | ||||||
25 | violation of this Act in a county other than that in which such |
| |||||||
| |||||||
1 | warrant was issued, the arresting officer, immediately upon | ||||||
2 | the request of the defendant, shall take such defendant before | ||||||
3 | a circuit judge or associate circuit judge in the county in | ||||||
4 | which the arrest was made who shall admit the defendant to bail | ||||||
5 | pretrial release for his appearance before the court named in | ||||||
6 | the warrant. On taking such bail setting the conditions of | ||||||
7 | pretrial release , the circuit judge or associate circuit judge | ||||||
8 | shall certify such fact on the warrant and deliver the warrant | ||||||
9 | and undertaking of bail or other security conditions of | ||||||
10 | pretrial release , or the driver's drivers license of such | ||||||
11 | defendant if deposited, under the law relating to such | ||||||
12 | licenses, in lieu of such security, to the officer having | ||||||
13 | charge of the defendant. Such officer shall then immediately | ||||||
14 | discharge the defendant from arrest and without delay deliver | ||||||
15 | such warrant and such undertaking of bail, or other security | ||||||
16 | acknowledgment by the defendant of his or her receiving the | ||||||
17 | conditions of pretrial release or driver's drivers license to | ||||||
18 | the court before which the defendant is required to appear. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22 .)
| ||||||
20 | Section 195. The Illinois Vehicle Code is amended by | ||||||
21 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
22 | 11-208.9, and 11-1201.1 as follows:
| ||||||
23 | (625 ILCS 5/6-209.1) | ||||||
24 | Sec. 6-209.1. Restoration of driving privileges; |
| |||||||
| |||||||
1 | revocation; suspension; cancellation. | ||||||
2 | (a) The Secretary shall rescind the suspension or | ||||||
3 | cancellation of a person's driver's license that has been | ||||||
4 | suspended or canceled before July 1, 2020 (the effective date | ||||||
5 | of Public Act 101-623) due to: | ||||||
6 | (1) the person being convicted of theft of motor fuel | ||||||
7 | under Section 16-25 or 16K-15 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012; | ||||||
9 | (2) the person, since the issuance of the driver's | ||||||
10 | license, being adjudged to be afflicted with or suffering | ||||||
11 | from any mental disability or disease; | ||||||
12 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
13 | Act of 1934 or a similar provision of a local ordinance; | ||||||
14 | (4) the person being convicted of a violation of | ||||||
15 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
16 | provision of a local ordinance, if the person presents a | ||||||
17 | certified copy of a court order that includes a finding | ||||||
18 | that the person was not an occupant of a motor vehicle at | ||||||
19 | the time of the violation; | ||||||
20 | (5) the person receiving a disposition of court | ||||||
21 | supervision for a violation of subsection (a), (d), or (e) | ||||||
22 | of Section 6-20 of the Liquor Control Act of 1934 or a | ||||||
23 | similar provision of a local ordinance, if the person | ||||||
24 | presents a certified copy of a court order that includes a | ||||||
25 | finding that the person was not an occupant of a motor | ||||||
26 | vehicle at the time of the violation; |
| |||||||
| |||||||
1 | (6) the person failing to pay any fine or penalty due | ||||||
2 | or owing as a result of 10 or more violations of a | ||||||
3 | municipality's or county's vehicular standing, parking, or | ||||||
4 | compliance regulations established by ordinance under | ||||||
5 | Section 11-208.3 of this Code; | ||||||
6 | (7) the person failing to satisfy any fine or penalty | ||||||
7 | resulting from a final order issued by the Illinois State | ||||||
8 | Toll Highway Authority relating directly or indirectly to | ||||||
9 | 5 or more toll violations, toll evasions, or both; | ||||||
10 | (8) the person being convicted of a violation of | ||||||
11 | Section 4-102 of this Code, if the person presents a | ||||||
12 | certified copy of a court order that includes a finding | ||||||
13 | that the person did not exercise actual physical control | ||||||
14 | of the vehicle at the time of the violation; or | ||||||
15 | (9) the person being convicted of criminal trespass to | ||||||
16 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
17 | if the person presents a certified copy of a court order | ||||||
18 | that includes a finding that the person did not exercise | ||||||
19 | actual physical control of the vehicle at the time of the | ||||||
20 | violation. | ||||||
21 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
22 | the Secretary shall rescind the suspension, cancellation, or | ||||||
23 | prohibition of renewal of a person's driver's license that has | ||||||
24 | been suspended, canceled, or whose renewal has been prohibited | ||||||
25 | before the effective date of this amendatory Act of the 101st | ||||||
26 | General Assembly due to the person having failed to pay any |
| |||||||
| |||||||
1 | fine or penalty for traffic violations, automated traffic law | ||||||
2 | enforcement system violations as defined in Sections 11-208.6, | ||||||
3 | and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle | ||||||
4 | fees. | ||||||
5 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; | ||||||
6 | 102-558, eff. 8-20-21.)
| ||||||
7 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) | ||||||
8 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
9 | of traffic regulations concerning the standing, parking, or | ||||||
10 | condition of vehicles, automated traffic law violations, and | ||||||
11 | automated speed enforcement system violations. | ||||||
12 | (a) Any municipality or county may provide by ordinance | ||||||
13 | for a system of administrative adjudication of vehicular | ||||||
14 | standing and parking violations and vehicle compliance | ||||||
15 | violations as described in this subsection, automated traffic | ||||||
16 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
17 | 11-1201.1, and automated speed enforcement system violations | ||||||
18 | as defined in Section 11-208.8. The administrative system | ||||||
19 | shall have as its purpose the fair and efficient enforcement | ||||||
20 | of municipal or county regulations through the administrative | ||||||
21 | adjudication of automated speed enforcement system or | ||||||
22 | automated traffic law violations and violations of municipal | ||||||
23 | or county ordinances regulating the standing and parking of | ||||||
24 | vehicles, the condition and use of vehicle equipment, and the | ||||||
25 | display of municipal or county wheel tax licenses within the |
| |||||||
| |||||||
1 | municipality's or county's borders. The administrative system | ||||||
2 | shall only have authority to adjudicate civil offenses | ||||||
3 | carrying fines not in excess of $500 or requiring the | ||||||
4 | completion of a traffic education program, or both, that occur | ||||||
5 | after the effective date of the ordinance adopting such a | ||||||
6 | system under this Section. For purposes of this Section, | ||||||
7 | "compliance violation" means a violation of a municipal or | ||||||
8 | county regulation governing the condition or use of equipment | ||||||
9 | on a vehicle or governing the display of a municipal or county | ||||||
10 | wheel tax license. | ||||||
11 | (b) Any ordinance establishing a system of administrative | ||||||
12 | adjudication under this Section shall provide for: | ||||||
13 | (1) A traffic compliance administrator authorized to | ||||||
14 | adopt, distribute, and process parking, compliance, and | ||||||
15 | automated speed enforcement system or automated traffic | ||||||
16 | law violation notices and other notices required by this | ||||||
17 | Section, collect money paid as fines and penalties for | ||||||
18 | violation of parking and compliance ordinances and | ||||||
19 | automated speed enforcement system or automated traffic | ||||||
20 | law violations, and operate an administrative adjudication | ||||||
21 | system. The traffic compliance administrator also may make | ||||||
22 | a certified report to the Secretary of State under Section | ||||||
23 | 6-306.5-1. | ||||||
24 | (2) A parking, standing, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law violation | ||||||
26 | notice that shall specify or include the date, time, and |
| |||||||
| |||||||
1 | place of violation of a parking, standing, compliance, | ||||||
2 | automated speed enforcement system, or automated traffic | ||||||
3 | law regulation; the particular regulation violated; any | ||||||
4 | requirement to complete a traffic education program; the | ||||||
5 | fine and any penalty that may be assessed for late payment | ||||||
6 | or failure to complete a required traffic education | ||||||
7 | program, or both, when so provided by ordinance; the | ||||||
8 | vehicle make or a photograph of the vehicle; the state | ||||||
9 | registration number of the vehicle; and the identification | ||||||
10 | number of the person issuing the notice. With regard to | ||||||
11 | automated speed enforcement system or automated traffic | ||||||
12 | law violations, vehicle make shall be specified on the | ||||||
13 | automated speed enforcement system or automated traffic | ||||||
14 | law violation notice if the notice does not include a | ||||||
15 | photograph of the vehicle and the make is available and | ||||||
16 | readily discernible. With regard to municipalities or | ||||||
17 | counties with a population of 1 million or more, it shall | ||||||
18 | be grounds for dismissal of a parking violation if the | ||||||
19 | state registration number or vehicle make specified is | ||||||
20 | incorrect. The violation notice shall state that the | ||||||
21 | completion of any required traffic education program, the | ||||||
22 | payment of any indicated fine, and the payment of any | ||||||
23 | applicable penalty for late payment or failure to complete | ||||||
24 | a required traffic education program, or both, shall | ||||||
25 | operate as a final disposition of the violation. The | ||||||
26 | notice also shall contain information as to the |
| |||||||
| |||||||
1 | availability of a hearing in which the violation may be | ||||||
2 | contested on its merits. The violation notice shall | ||||||
3 | specify the time and manner in which a hearing may be had. | ||||||
4 | (3) Service of a parking, standing, or compliance | ||||||
5 | violation notice by: (i) affixing the original or a | ||||||
6 | facsimile of the notice to an unlawfully parked or | ||||||
7 | standing vehicle; (ii) handing the notice to the operator | ||||||
8 | of a vehicle if he or she is present; or (iii) mailing the | ||||||
9 | notice to the address of the registered owner or lessee of | ||||||
10 | the cited vehicle as recorded with the Secretary of State | ||||||
11 | or the lessor of the motor vehicle within 30 days after the | ||||||
12 | Secretary of State or the lessor of the motor vehicle | ||||||
13 | notifies the municipality or county of the identity of the | ||||||
14 | owner or lessee of the vehicle, but not later than 90 days | ||||||
15 | after the date of the violation, except that in the case of | ||||||
16 | a lessee of a motor vehicle, service of a parking, | ||||||
17 | standing, or compliance violation notice may occur no | ||||||
18 | later than 210 days after the violation; and service of an | ||||||
19 | automated speed enforcement system or automated traffic | ||||||
20 | law violation notice by mail to the address of the | ||||||
21 | registered owner or lessee of the cited vehicle as | ||||||
22 | recorded with the Secretary of State or the lessor of the | ||||||
23 | motor vehicle within 30 days after the Secretary of State | ||||||
24 | or the lessor of the motor vehicle notifies the | ||||||
25 | municipality or county of the identity of the owner or | ||||||
26 | lessee of the vehicle, but not later than 90 days after the |
| |||||||
| |||||||
1 | violation, except that in the case of a lessee of a motor | ||||||
2 | vehicle, service of an automated traffic law violation | ||||||
3 | notice may occur no later than 210 days after the | ||||||
4 | violation. A person authorized by ordinance to issue and | ||||||
5 | serve parking, standing, and compliance violation notices | ||||||
6 | shall certify as to the correctness of the facts entered | ||||||
7 | on the violation notice by signing his or her name to the | ||||||
8 | notice at the time of service or, in the case of a notice | ||||||
9 | produced by a computerized device, by signing a single | ||||||
10 | certificate to be kept by the traffic compliance | ||||||
11 | administrator attesting to the correctness of all notices | ||||||
12 | produced by the device while it was under his or her | ||||||
13 | control. In the case of an automated traffic law | ||||||
14 | violation, the ordinance shall require a determination by | ||||||
15 | a technician employed or contracted by the municipality or | ||||||
16 | county that, based on inspection of recorded images, the | ||||||
17 | motor vehicle was being operated in violation of Section | ||||||
18 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If | ||||||
19 | the technician determines that the vehicle entered the | ||||||
20 | intersection as part of a funeral procession or in order | ||||||
21 | to yield the right-of-way to an emergency vehicle, a | ||||||
22 | citation shall not be issued. In municipalities with a | ||||||
23 | population of less than 1,000,000 inhabitants and counties | ||||||
24 | with a population of less than 3,000,000 inhabitants, the | ||||||
25 | automated traffic law ordinance shall require that all | ||||||
26 | determinations by a technician that a motor vehicle was |
| |||||||
| |||||||
1 | being operated in violation of Section 11-208.6, 11-208.9, | ||||||
2 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
3 | approved by a law enforcement officer or retired law | ||||||
4 | enforcement officer of the municipality or county issuing | ||||||
5 | the violation. In municipalities with a population of | ||||||
6 | 1,000,000 or more inhabitants and counties with a | ||||||
7 | population of 3,000,000 or more inhabitants, the automated | ||||||
8 | traffic law ordinance shall require that all | ||||||
9 | determinations by a technician that a motor vehicle was | ||||||
10 | being operated in violation of Section 11-208.6, 11-208.9, | ||||||
11 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
12 | approved by a law enforcement officer or retired law | ||||||
13 | enforcement officer of the municipality or county issuing | ||||||
14 | the violation or by an additional fully trained reviewing | ||||||
15 | technician who is not employed by the contractor who | ||||||
16 | employs the technician who made the initial determination. | ||||||
17 | In the case of an automated speed enforcement system | ||||||
18 | violation, the ordinance shall require a determination by | ||||||
19 | a technician employed by the municipality, based upon an | ||||||
20 | inspection of recorded images, video or other | ||||||
21 | documentation, including documentation of the speed limit | ||||||
22 | and automated speed enforcement signage, and documentation | ||||||
23 | of the inspection, calibration, and certification of the | ||||||
24 | speed equipment, that the vehicle was being operated in | ||||||
25 | violation of Article VI of Chapter 11 of this Code or a | ||||||
26 | similar local ordinance. If the technician determines that |
| |||||||
| |||||||
1 | the vehicle speed was not determined by a calibrated, | ||||||
2 | certified speed equipment device based upon the speed | ||||||
3 | equipment documentation, or if the vehicle was an | ||||||
4 | emergency vehicle, a citation may not be issued. The | ||||||
5 | automated speed enforcement ordinance shall require that | ||||||
6 | all determinations by a technician that a violation | ||||||
7 | occurred be reviewed and approved by a law enforcement | ||||||
8 | officer or retired law enforcement officer of the | ||||||
9 | municipality issuing the violation or by an additional | ||||||
10 | fully trained reviewing technician who is not employed by | ||||||
11 | the contractor who employs the technician who made the | ||||||
12 | initial determination. Routine and independent calibration | ||||||
13 | of the speeds produced by automated speed enforcement | ||||||
14 | systems and equipment shall be conducted annually by a | ||||||
15 | qualified technician. Speeds produced by an automated | ||||||
16 | speed enforcement system shall be compared with speeds | ||||||
17 | produced by lidar or other independent equipment. Radar or | ||||||
18 | lidar equipment shall undergo an internal validation test | ||||||
19 | no less frequently than once each week. Qualified | ||||||
20 | technicians shall test loop-based equipment no less | ||||||
21 | frequently than once a year. Radar equipment shall be | ||||||
22 | checked for accuracy by a qualified technician when the | ||||||
23 | unit is serviced, when unusual or suspect readings | ||||||
24 | persist, or when deemed necessary by a reviewing | ||||||
25 | technician. Radar equipment shall be checked with the | ||||||
26 | internal frequency generator and the internal circuit test |
| |||||||
| |||||||
1 | whenever the radar is turned on. Technicians must be alert | ||||||
2 | for any unusual or suspect readings, and if unusual or | ||||||
3 | suspect readings of a radar unit persist, that unit shall | ||||||
4 | immediately be removed from service and not returned to | ||||||
5 | service until it has been checked by a qualified | ||||||
6 | technician and determined to be functioning properly. | ||||||
7 | Documentation of the annual calibration results, including | ||||||
8 | the equipment tested, test date, technician performing the | ||||||
9 | test, and test results, shall be maintained and available | ||||||
10 | for use in the determination of an automated speed | ||||||
11 | enforcement system violation and issuance of a citation. | ||||||
12 | The technician performing the calibration and testing of | ||||||
13 | the automated speed enforcement equipment shall be trained | ||||||
14 | and certified in the use of equipment for speed | ||||||
15 | enforcement purposes. Training on the speed enforcement | ||||||
16 | equipment may be conducted by law enforcement, civilian, | ||||||
17 | or manufacturer's personnel and if applicable may be | ||||||
18 | equivalent to the equipment use and operations training | ||||||
19 | included in the Speed Measuring Device Operator Program | ||||||
20 | developed by the National Highway Traffic Safety | ||||||
21 | Administration (NHTSA). The vendor or technician who | ||||||
22 | performs the work shall keep accurate records on each | ||||||
23 | piece of equipment the technician calibrates and tests. As | ||||||
24 | used in this paragraph, "fully trained reviewing | ||||||
25 | technician" means a person who has received at least 40 | ||||||
26 | hours of supervised training in subjects which shall |
| |||||||
| |||||||
1 | include image inspection and interpretation, the elements | ||||||
2 | necessary to prove a violation, license plate | ||||||
3 | identification, and traffic safety and management. In all | ||||||
4 | municipalities and counties, the automated speed | ||||||
5 | enforcement system or automated traffic law ordinance | ||||||
6 | shall require that no additional fee shall be charged to | ||||||
7 | the alleged violator for exercising his or her right to an | ||||||
8 | administrative hearing, and persons shall be given at | ||||||
9 | least 25 days following an administrative hearing to pay | ||||||
10 | any civil penalty imposed by a finding that Section | ||||||
11 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
12 | local ordinance has been violated. The original or a | ||||||
13 | facsimile of the violation notice or, in the case of a | ||||||
14 | notice produced by a computerized device, a printed record | ||||||
15 | generated by the device showing the facts entered on the | ||||||
16 | notice, shall be retained by the traffic compliance | ||||||
17 | administrator, and shall be a record kept in the ordinary | ||||||
18 | course of business. A parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated traffic | ||||||
20 | law violation notice issued, signed, and served in | ||||||
21 | accordance with this Section, a copy of the notice, or the | ||||||
22 | computer-generated record shall be prima facie correct and | ||||||
23 | shall be prima facie evidence of the correctness of the | ||||||
24 | facts shown on the notice. The notice, copy, or | ||||||
25 | computer-generated record shall be admissible in any | ||||||
26 | subsequent administrative or legal proceedings. |
| |||||||
| |||||||
1 | (4) An opportunity for a hearing for the registered | ||||||
2 | owner of the vehicle cited in the parking, standing, | ||||||
3 | compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law violation notice in which the owner | ||||||
5 | may contest the merits of the alleged violation, and | ||||||
6 | during which formal or technical rules of evidence shall | ||||||
7 | not apply; provided, however, that under Section 11-1306 | ||||||
8 | of this Code the lessee of a vehicle cited in the violation | ||||||
9 | notice likewise shall be provided an opportunity for a | ||||||
10 | hearing of the same kind afforded the registered owner. | ||||||
11 | The hearings shall be recorded, and the person conducting | ||||||
12 | the hearing on behalf of the traffic compliance | ||||||
13 | administrator shall be empowered to administer oaths and | ||||||
14 | to secure by subpoena both the attendance and testimony of | ||||||
15 | witnesses and the production of relevant books and papers. | ||||||
16 | Persons appearing at a hearing under this Section may be | ||||||
17 | represented by counsel at their expense. The ordinance may | ||||||
18 | also provide for internal administrative review following | ||||||
19 | the decision of the hearing officer. | ||||||
20 | (5) Service of additional notices, sent by first class | ||||||
21 | United States mail, postage prepaid, to the address of the | ||||||
22 | registered owner of the cited vehicle as recorded with the | ||||||
23 | Secretary of State or, if any notice to that address is | ||||||
24 | returned as undeliverable, to the last known address | ||||||
25 | recorded in a United States Post Office approved database, | ||||||
26 | or, under Section 11-1306 or subsection (p) of Section |
| |||||||
| |||||||
1 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
2 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
3 | at the last address known to the lessor of the cited | ||||||
4 | vehicle at the time of lease or, if any notice to that | ||||||
5 | address is returned as undeliverable, to the last known | ||||||
6 | address recorded in a United States Post Office approved | ||||||
7 | database. The service shall be deemed complete as of the | ||||||
8 | date of deposit in the United States mail. The notices | ||||||
9 | shall be in the following sequence and shall include, but | ||||||
10 | not be limited to, the information specified herein: | ||||||
11 | (i) A second notice of parking, standing, or | ||||||
12 | compliance violation if the first notice of the | ||||||
13 | violation was issued by affixing the original or a | ||||||
14 | facsimile of the notice to the unlawfully parked | ||||||
15 | vehicle or by handing the notice to the operator. This | ||||||
16 | notice shall specify or include the date and location | ||||||
17 | of the violation cited in the parking, standing, or | ||||||
18 | compliance violation notice, the particular regulation | ||||||
19 | violated, the vehicle make or a photograph of the | ||||||
20 | vehicle, the state registration number of the vehicle, | ||||||
21 | any requirement to complete a traffic education | ||||||
22 | program, the fine and any penalty that may be assessed | ||||||
23 | for late payment or failure to complete a traffic | ||||||
24 | education program, or both, when so provided by | ||||||
25 | ordinance, the availability of a hearing in which the | ||||||
26 | violation may be contested on its merits, and the time |
| |||||||
| |||||||
1 | and manner in which the hearing may be had. The notice | ||||||
2 | of violation shall also state that failure to complete | ||||||
3 | a required traffic education program, to pay the | ||||||
4 | indicated fine and any applicable penalty, or to | ||||||
5 | appear at a hearing on the merits in the time and | ||||||
6 | manner specified, will result in a final determination | ||||||
7 | of violation liability for the cited violation in the | ||||||
8 | amount of the fine or penalty indicated, and that, | ||||||
9 | upon the occurrence of a final determination of | ||||||
10 | violation liability for the failure, and the | ||||||
11 | exhaustion of, or failure to exhaust, available | ||||||
12 | administrative or judicial procedures for review, any | ||||||
13 | incomplete traffic education program or any unpaid | ||||||
14 | fine or penalty, or both, will constitute a debt due | ||||||
15 | and owing the municipality or county. | ||||||
16 | (ii) A notice of final determination of parking, | ||||||
17 | standing, compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation liability. | ||||||
19 | This notice shall be sent following a final | ||||||
20 | determination of parking, standing, compliance, | ||||||
21 | automated speed enforcement system, or automated | ||||||
22 | traffic law violation liability and the conclusion of | ||||||
23 | judicial review procedures taken under this Section. | ||||||
24 | The notice shall state that the incomplete traffic | ||||||
25 | education program or the unpaid fine or penalty, or | ||||||
26 | both, is a debt due and owing the municipality or |
| |||||||
| |||||||
1 | county. The notice shall contain warnings that failure | ||||||
2 | to complete any required traffic education program or | ||||||
3 | to pay any fine or penalty due and owing the | ||||||
4 | municipality or county, or both, within the time | ||||||
5 | specified may result in the municipality's or county's | ||||||
6 | filing of a petition in the Circuit Court to have the | ||||||
7 | incomplete traffic education program or unpaid fine or | ||||||
8 | penalty, or both, rendered a judgment as provided by | ||||||
9 | this Section, or, where applicable, may result in | ||||||
10 | suspension of the person's driver's license for | ||||||
11 | failure to complete a traffic education program or to | ||||||
12 | pay fines or penalties, or both, for 5 or more | ||||||
13 | automated traffic law violations under Section | ||||||
14 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
15 | system violations under Section 11-208.8 . | ||||||
16 | (6) A notice of impending driver's license suspension. | ||||||
17 | This notice shall be sent to the person liable for failure | ||||||
18 | to complete a required traffic education program or to pay | ||||||
19 | any fine or penalty that remains due and owing, or both, on | ||||||
20 | 5 or more unpaid automated speed enforcement system or | ||||||
21 | automated traffic law violations . The notice shall state | ||||||
22 | that failure to complete a required traffic education | ||||||
23 | program or to pay the fine or penalty owing, or both, | ||||||
24 | within 45 days of the notice's date will result in the | ||||||
25 | municipality or county notifying the Secretary of State | ||||||
26 | that the person is eligible for initiation of suspension |
| |||||||
| |||||||
1 | proceedings under Section 6-306.5-1 6-306.5 of this Code. | ||||||
2 | The notice shall also state that the person may obtain a | ||||||
3 | photostatic copy of an original ticket imposing a fine or | ||||||
4 | penalty by sending a self-addressed, stamped envelope to | ||||||
5 | the municipality or county along with a request for the | ||||||
6 | photostatic copy. The notice of impending driver's license | ||||||
7 | suspension shall be sent by first class United States | ||||||
8 | mail, postage prepaid, to the address recorded with the | ||||||
9 | Secretary of State or, if any notice to that address is | ||||||
10 | returned as undeliverable, to the last known address | ||||||
11 | recorded in a United States Post Office approved database. | ||||||
12 | (7) Final determinations of violation liability. A | ||||||
13 | final determination of violation liability shall occur | ||||||
14 | following failure to complete the required traffic | ||||||
15 | education program or to pay the fine or penalty, or both, | ||||||
16 | after a hearing officer's determination of violation | ||||||
17 | liability and the exhaustion of or failure to exhaust any | ||||||
18 | administrative review procedures provided by ordinance. | ||||||
19 | Where a person fails to appear at a hearing to contest the | ||||||
20 | alleged violation in the time and manner specified in a | ||||||
21 | prior mailed notice, the hearing officer's determination | ||||||
22 | of violation liability shall become final: (A) upon denial | ||||||
23 | of a timely petition to set aside that determination, or | ||||||
24 | (B) upon expiration of the period for filing the petition | ||||||
25 | without a filing having been made. | ||||||
26 | (8) A petition to set aside a determination of |
| |||||||
| |||||||
1 | parking, standing, compliance, automated speed enforcement | ||||||
2 | system, or automated traffic law violation liability that | ||||||
3 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
4 | petition to set aside a determination of liability may | ||||||
5 | also be filed by a person required to complete a traffic | ||||||
6 | education program. The petition shall be filed with and | ||||||
7 | ruled upon by the traffic compliance administrator in the | ||||||
8 | manner and within the time specified by ordinance. The | ||||||
9 | grounds for the petition may be limited to: (A) the person | ||||||
10 | not having been the owner or lessee of the cited vehicle on | ||||||
11 | the date the violation notice was issued, (B) the person | ||||||
12 | having already completed the required traffic education | ||||||
13 | program or paid the fine or penalty, or both, for the | ||||||
14 | violation in question, and (C) excusable failure to appear | ||||||
15 | at or request a new date for a hearing. With regard to | ||||||
16 | municipalities or counties with a population of 1 million | ||||||
17 | or more, it shall be grounds for dismissal of a parking | ||||||
18 | violation if the state registration number or vehicle | ||||||
19 | make, only if specified in the violation notice, is | ||||||
20 | incorrect. After the determination of parking, standing, | ||||||
21 | compliance, automated speed enforcement system, or | ||||||
22 | automated traffic law violation liability has been set | ||||||
23 | aside upon a showing of just cause, the registered owner | ||||||
24 | shall be provided with a hearing on the merits for that | ||||||
25 | violation. | ||||||
26 | (9) Procedures for non-residents. Procedures by which |
| |||||||
| |||||||
1 | persons who are not residents of the municipality or | ||||||
2 | county may contest the merits of the alleged violation | ||||||
3 | without attending a hearing. | ||||||
4 | (10) A schedule of civil fines for violations of | ||||||
5 | vehicular standing, parking, compliance, automated speed | ||||||
6 | enforcement system, or automated traffic law regulations | ||||||
7 | enacted by ordinance pursuant to this Section, and a | ||||||
8 | schedule of penalties for late payment of the fines or | ||||||
9 | failure to complete required traffic education programs, | ||||||
10 | provided, however, that the total amount of the fine and | ||||||
11 | penalty for any one violation shall not exceed $250, | ||||||
12 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
13 | of this Code. | ||||||
14 | (11) Other provisions as are necessary and proper to | ||||||
15 | carry into effect the powers granted and purposes stated | ||||||
16 | in this Section. | ||||||
17 | (b-5) An automated speed enforcement system or automated | ||||||
18 | traffic law ordinance adopted under this Section by a | ||||||
19 | municipality or county shall require that the determination to | ||||||
20 | issue a citation be vested solely with the municipality or | ||||||
21 | county and that such authority may not be delegated to any | ||||||
22 | vendor retained by the municipality or county. Any contract or | ||||||
23 | agreement violating such a provision in the ordinance is null | ||||||
24 | and void. | ||||||
25 | (c) Any municipality or county establishing vehicular | ||||||
26 | standing, parking, compliance, automated speed enforcement |
| |||||||
| |||||||
1 | system, or automated traffic law regulations under this | ||||||
2 | Section may also provide by ordinance for a program of vehicle | ||||||
3 | immobilization for the purpose of facilitating enforcement of | ||||||
4 | those regulations. The program of vehicle immobilization shall | ||||||
5 | provide for immobilizing any eligible vehicle upon the public | ||||||
6 | way by presence of a restraint in a manner to prevent operation | ||||||
7 | of the vehicle. Any ordinance establishing a program of | ||||||
8 | vehicle immobilization under this Section shall provide: | ||||||
9 | (1) Criteria for the designation of vehicles eligible | ||||||
10 | for immobilization. A vehicle shall be eligible for | ||||||
11 | immobilization when the registered owner of the vehicle | ||||||
12 | has accumulated the number of incomplete traffic education | ||||||
13 | programs or unpaid final determinations of parking, | ||||||
14 | standing, compliance, automated speed enforcement system, | ||||||
15 | or automated traffic law violation liability, or both, as | ||||||
16 | determined by ordinance. | ||||||
17 | (2) A notice of impending vehicle immobilization and a | ||||||
18 | right to a hearing to challenge the validity of the notice | ||||||
19 | by disproving liability for the incomplete traffic | ||||||
20 | education programs or unpaid final determinations of | ||||||
21 | parking, standing, compliance, automated speed enforcement | ||||||
22 | system, or automated traffic law violation liability, or | ||||||
23 | both, listed on the notice. | ||||||
24 | (3) The right to a prompt hearing after a vehicle has | ||||||
25 | been immobilized or subsequently towed without the | ||||||
26 | completion of the required traffic education program or |
| |||||||
| |||||||
1 | payment of the outstanding fines and penalties on parking, | ||||||
2 | standing, compliance, automated speed enforcement system, | ||||||
3 | or automated traffic law violations, or both, for which | ||||||
4 | final determinations have been issued. An order issued | ||||||
5 | after the hearing is a final administrative decision | ||||||
6 | within the meaning of Section 3-101 of the Code of Civil | ||||||
7 | Procedure. | ||||||
8 | (4) A post immobilization and post-towing notice | ||||||
9 | advising the registered owner of the vehicle of the right | ||||||
10 | to a hearing to challenge the validity of the impoundment. | ||||||
11 | (d) Judicial review of final determinations of parking, | ||||||
12 | standing, compliance, automated speed enforcement system, or | ||||||
13 | automated traffic law violations and final administrative | ||||||
14 | decisions issued after hearings regarding vehicle | ||||||
15 | immobilization and impoundment made under this Section shall | ||||||
16 | be subject to the provisions of the Administrative Review Law. | ||||||
17 | (e) Any fine, penalty, incomplete traffic education | ||||||
18 | program, or part of any fine or any penalty remaining unpaid | ||||||
19 | after the exhaustion of, or the failure to exhaust, | ||||||
20 | administrative remedies created under this Section and the | ||||||
21 | conclusion of any judicial review procedures shall be a debt | ||||||
22 | due and owing the municipality or county and, as such, may be | ||||||
23 | collected in accordance with applicable law. Completion of any | ||||||
24 | required traffic education program and payment in full of any | ||||||
25 | fine or penalty resulting from a standing, parking, | ||||||
26 | compliance, automated speed enforcement system, or automated |
| |||||||
| |||||||
1 | traffic law violation shall constitute a final disposition of | ||||||
2 | that violation. | ||||||
3 | (f) After the expiration of the period within which | ||||||
4 | judicial review may be sought for a final determination of | ||||||
5 | parking, standing, compliance, automated speed enforcement | ||||||
6 | system, or automated traffic law violation, the municipality | ||||||
7 | or county may commence a proceeding in the Circuit Court for | ||||||
8 | purposes of obtaining a judgment on the final determination of | ||||||
9 | violation. Nothing in this Section shall prevent a | ||||||
10 | municipality or county from consolidating multiple final | ||||||
11 | determinations of parking, standing, compliance, automated | ||||||
12 | speed enforcement system, or automated traffic law violations | ||||||
13 | against a person in a proceeding. Upon commencement of the | ||||||
14 | action, the municipality or county shall file a certified copy | ||||||
15 | or record of the final determination of parking, standing, | ||||||
16 | compliance, automated speed enforcement system, or automated | ||||||
17 | traffic law violation, which shall be accompanied by a | ||||||
18 | certification that recites facts sufficient to show that the | ||||||
19 | final determination of violation was issued in accordance with | ||||||
20 | this Section and the applicable municipal or county ordinance. | ||||||
21 | Service of the summons and a copy of the petition may be by any | ||||||
22 | method provided by Section 2-203 of the Code of Civil | ||||||
23 | Procedure or by certified mail, return receipt requested, | ||||||
24 | provided that the total amount of fines and penalties for | ||||||
25 | final determinations of parking, standing, compliance, | ||||||
26 | automated speed enforcement system, or automated traffic law |
| |||||||
| |||||||
1 | violations does not exceed $2500. If the court is satisfied | ||||||
2 | that the final determination of parking, standing, compliance, | ||||||
3 | automated speed enforcement system, or automated traffic law | ||||||
4 | violation was entered in accordance with the requirements of | ||||||
5 | this Section and the applicable municipal or county ordinance, | ||||||
6 | and that the registered owner or the lessee, as the case may | ||||||
7 | be, had an opportunity for an administrative hearing and for | ||||||
8 | judicial review as provided in this Section, the court shall | ||||||
9 | render judgment in favor of the municipality or county and | ||||||
10 | against the registered owner or the lessee for the amount | ||||||
11 | indicated in the final determination of parking, standing, | ||||||
12 | compliance, automated speed enforcement system, or automated | ||||||
13 | traffic law violation, plus costs. The judgment shall have the | ||||||
14 | same effect and may be enforced in the same manner as other | ||||||
15 | judgments for the recovery of money. | ||||||
16 | (g) The fee for participating in a traffic education | ||||||
17 | program under this Section shall not exceed $25. | ||||||
18 | A low-income individual required to complete a traffic | ||||||
19 | education program under this Section who provides proof of | ||||||
20 | eligibility for the federal earned income tax credit under | ||||||
21 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
22 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
23 | Act shall not be required to pay any fee for participating in a | ||||||
24 | required traffic education program. | ||||||
25 | (h) Notwithstanding any other provision of law to the | ||||||
26 | contrary, a person shall not be liable for violations, fees, |
| |||||||
| |||||||
1 | fines, or penalties under this Section during the period in | ||||||
2 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
3 | in a report to the appropriate law enforcement agency filed in | ||||||
4 | a timely manner. | ||||||
5 | (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; | ||||||
6 | 103-364, eff. 7-28-23.)
| ||||||
7 | (625 ILCS 5/11-208.6) | ||||||
8 | Sec. 11-208.6. Automated traffic law enforcement system. | ||||||
9 | (a) As used in this Section, "automated traffic law | ||||||
10 | enforcement system" means a device with one or more motor | ||||||
11 | vehicle sensors working in conjunction with a red light signal | ||||||
12 | to produce recorded images of motor vehicles entering an | ||||||
13 | intersection against a red signal indication in violation of | ||||||
14 | Section 11-306 of this Code or a similar provision of a local | ||||||
15 | ordinance. | ||||||
16 | An automated traffic law enforcement system is a system, | ||||||
17 | in a municipality or county operated by a governmental agency, | ||||||
18 | that produces a recorded image of a motor vehicle's violation | ||||||
19 | of a provision of this Code or a local ordinance and is | ||||||
20 | designed to obtain a clear recorded image of the vehicle and | ||||||
21 | the vehicle's license plate. The recorded image must also | ||||||
22 | display the time, date, and location of the violation. | ||||||
23 | (b) As used in this Section, "recorded images" means | ||||||
24 | images recorded by an automated traffic law enforcement system | ||||||
25 | on: |
| |||||||
| |||||||
1 | (1) 2 or more photographs; | ||||||
2 | (2) 2 or more microphotographs; | ||||||
3 | (3) 2 or more electronic images; or | ||||||
4 | (4) a video recording showing the motor vehicle and, | ||||||
5 | on at least one image or portion of the recording, clearly | ||||||
6 | identifying the registration plate or digital registration | ||||||
7 | plate number of the motor vehicle. | ||||||
8 | (b-5) A municipality or county that produces a recorded | ||||||
9 | image of a motor vehicle's violation of a provision of this | ||||||
10 | Code or a local ordinance must make the recorded images of a | ||||||
11 | violation accessible to the alleged violator by providing the | ||||||
12 | alleged violator with a website address, accessible through | ||||||
13 | the Internet. | ||||||
14 | (c) Except as provided under Section 11-208.8 of this | ||||||
15 | Code, a county or municipality, including a home rule county | ||||||
16 | or municipality, may not use an automated traffic law | ||||||
17 | enforcement system to provide recorded images of a motor | ||||||
18 | vehicle for the purpose of recording its speed. Except as | ||||||
19 | provided under Section 11-208.8 of this Code, the regulation | ||||||
20 | of the use of automated traffic law enforcement systems to | ||||||
21 | record vehicle speeds is an exclusive power and function of | ||||||
22 | the State. This subsection (c) is a denial and limitation of | ||||||
23 | home rule powers and functions under subsection (h) of Section | ||||||
24 | 6 of Article VII of the Illinois Constitution. | ||||||
25 | (c-5) A county or municipality, including a home rule | ||||||
26 | county or municipality, may not use an automated traffic law |
| |||||||
| |||||||
1 | enforcement system to issue violations in instances where the | ||||||
2 | motor vehicle comes to a complete stop and does not enter the | ||||||
3 | intersection, as defined by Section 1-132 of this Code, during | ||||||
4 | the cycle of the red signal indication unless one or more | ||||||
5 | pedestrians or bicyclists are present, even if the motor | ||||||
6 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
7 | driver is required to stop, as specified in subsection (c) of | ||||||
8 | Section 11-306 of this Code or a similar provision of a local | ||||||
9 | ordinance. | ||||||
10 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
11 | inhabitants, including a home rule county or municipality, may | ||||||
12 | not use an automated traffic law enforcement system to issue | ||||||
13 | violations in instances where a motorcyclist enters an | ||||||
14 | intersection against a red signal indication when the red | ||||||
15 | signal fails to change to a green signal within a reasonable | ||||||
16 | period of time not less than 120 seconds because of a signal | ||||||
17 | malfunction or because the signal has failed to detect the | ||||||
18 | arrival of the motorcycle due to the motorcycle's size or | ||||||
19 | weight. | ||||||
20 | (d) For each violation of a provision of this Code or a | ||||||
21 | local ordinance recorded by an automatic traffic law | ||||||
22 | enforcement system, the county or municipality having | ||||||
23 | jurisdiction shall issue a written notice of the violation to | ||||||
24 | the registered owner of the vehicle as the alleged violator. | ||||||
25 | The notice shall be delivered to the registered owner of the | ||||||
26 | vehicle, by mail, within 30 days after the Secretary of State |
| |||||||
| |||||||
1 | notifies the municipality or county of the identity of the | ||||||
2 | owner of the vehicle, but in no event later than 90 days after | ||||||
3 | the violation. | ||||||
4 | The notice shall include: | ||||||
5 | (1) the name and address of the registered owner of | ||||||
6 | the vehicle; | ||||||
7 | (2) the registration number of the motor vehicle | ||||||
8 | involved in the violation; | ||||||
9 | (3) the violation charged; | ||||||
10 | (4) the location where the violation occurred; | ||||||
11 | (5) the date and time of the violation; | ||||||
12 | (6) a copy of the recorded images; | ||||||
13 | (7) the amount of the civil penalty imposed and the | ||||||
14 | requirements of any traffic education program imposed and | ||||||
15 | the date by which the civil penalty should be paid and the | ||||||
16 | traffic education program should be completed; | ||||||
17 | (8) a statement that recorded images are evidence of a | ||||||
18 | violation of a red light signal; | ||||||
19 | (9) a warning that failure to pay the civil penalty, | ||||||
20 | to complete a required traffic education program, or to | ||||||
21 | contest liability in a timely manner is an admission of | ||||||
22 | liability and may result in a suspension of the driving | ||||||
23 | privileges of the registered owner of the vehicle ; | ||||||
24 | (10) a statement that the person may elect to proceed | ||||||
25 | by: | ||||||
26 | (A) paying the fine, completing a required traffic |
| |||||||
| |||||||
1 | education program, or both; or | ||||||
2 | (B) challenging the charge in court, by mail, or | ||||||
3 | by administrative hearing; and | ||||||
4 | (11) a website address, accessible through the | ||||||
5 | Internet, where the person may view the recorded images of | ||||||
6 | the violation. | ||||||
7 | (e) (Blank). | ||||||
8 | (e-1) If a person charged with a traffic violation, as a | ||||||
9 | result of an automated traffic law enforcement system, does | ||||||
10 | not pay the fine or complete a required traffic education | ||||||
11 | program, or both, or successfully contest the civil penalty | ||||||
12 | resulting from that violation, the Secretary of State shall | ||||||
13 | suspend the driving privileges of the registered owner of the | ||||||
14 | vehicle under Section 6-306.5-1 of this Code for failing to | ||||||
15 | complete a required traffic education program or to pay any | ||||||
16 | fine or penalty due and owing, or both, as a result of a | ||||||
17 | combination of 5 violations of the automated traffic law | ||||||
18 | enforcement system or the automated speed enforcement system | ||||||
19 | under Section 11-208.8 of this Code. | ||||||
20 | (f) Based on inspection of recorded images produced by an | ||||||
21 | automated traffic law enforcement system, a notice alleging | ||||||
22 | that the violation occurred shall be evidence of the facts | ||||||
23 | contained in the notice and admissible in any proceeding | ||||||
24 | alleging a violation under this Section. | ||||||
25 | (g) Recorded images made by an automatic traffic law | ||||||
26 | enforcement system are confidential and shall be made |
| |||||||
| |||||||
1 | available only to the alleged violator and governmental and | ||||||
2 | law enforcement agencies for purposes of adjudicating a | ||||||
3 | violation of this Section, for statistical purposes, or for | ||||||
4 | other governmental purposes. Any recorded image evidencing a | ||||||
5 | violation of this Section, however, may be admissible in any | ||||||
6 | proceeding resulting from the issuance of the citation. | ||||||
7 | (h) The court or hearing officer may consider in defense | ||||||
8 | of a violation: | ||||||
9 | (1) that the motor vehicle or registration plates or | ||||||
10 | digital registration plates of the motor vehicle were | ||||||
11 | stolen before the violation occurred and not under the | ||||||
12 | control of or in the possession of the owner or lessee at | ||||||
13 | the time of the violation; | ||||||
14 | (1.5) that the motor vehicle was hijacked before the | ||||||
15 | violation occurred and not under the control of or in the | ||||||
16 | possession of the owner or lessee at the time of the | ||||||
17 | violation; | ||||||
18 | (2) that the driver of the vehicle passed through the | ||||||
19 | intersection when the light was red either (i) in order to | ||||||
20 | yield the right-of-way to an emergency vehicle or (ii) as | ||||||
21 | part of a funeral procession; and | ||||||
22 | (3) any other evidence or issues provided by municipal | ||||||
23 | or county ordinance. | ||||||
24 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
25 | the motor vehicle or registration plates or digital | ||||||
26 | registration plates were stolen before the violation occurred |
| |||||||
| |||||||
1 | and were not under the control or possession of the owner or | ||||||
2 | lessee at the time of the violation, the owner or lessee must | ||||||
3 | submit proof that a report concerning the motor vehicle or | ||||||
4 | registration plates was filed with a law enforcement agency in | ||||||
5 | a timely manner. | ||||||
6 | (j) Unless the driver of the motor vehicle received a | ||||||
7 | Uniform Traffic Citation from a police officer at the time of | ||||||
8 | the violation, the motor vehicle owner is subject to a civil | ||||||
9 | penalty not exceeding $100 or the completion of a traffic | ||||||
10 | education program, or both, plus an additional penalty of not | ||||||
11 | more than $100 for failure to pay the original penalty or to | ||||||
12 | complete a required traffic education program, or both, in a | ||||||
13 | timely manner, if the motor vehicle is recorded by an | ||||||
14 | automated traffic law enforcement system. A violation for | ||||||
15 | which a civil penalty is imposed under this Section is not a | ||||||
16 | violation of a traffic regulation governing the movement of | ||||||
17 | vehicles and may not be recorded on the driving record of the | ||||||
18 | owner of the vehicle. | ||||||
19 | (j-3) A registered owner who is a holder of a valid | ||||||
20 | commercial driver's license is not required to complete a | ||||||
21 | traffic education program. | ||||||
22 | (j-5) For purposes of the required traffic education | ||||||
23 | program only, a registered owner may submit an affidavit to | ||||||
24 | the court or hearing officer swearing that at the time of the | ||||||
25 | alleged violation, the vehicle was in the custody and control | ||||||
26 | of another person. The affidavit must identify the person in |
| |||||||
| |||||||
1 | custody and control of the vehicle, including the person's | ||||||
2 | name and current address. The person in custody and control of | ||||||
3 | the vehicle at the time of the violation is required to | ||||||
4 | complete the required traffic education program. If the person | ||||||
5 | in custody and control of the vehicle at the time of the | ||||||
6 | violation completes the required traffic education program, | ||||||
7 | the registered owner of the vehicle is not required to | ||||||
8 | complete a traffic education program. | ||||||
9 | (k) An intersection equipped with an automated traffic law | ||||||
10 | enforcement system must be posted with a sign visible to | ||||||
11 | approaching traffic indicating that the intersection is being | ||||||
12 | monitored by an automated traffic law enforcement system and | ||||||
13 | informing drivers whether, following a stop, a right turn at | ||||||
14 | the intersection is permitted or prohibited. | ||||||
15 | (k-3) A municipality or county that has one or more | ||||||
16 | intersections equipped with an automated traffic law | ||||||
17 | enforcement system must provide notice to drivers by posting | ||||||
18 | the locations of automated traffic law systems on the | ||||||
19 | municipality or county website. | ||||||
20 | (k-5) An intersection equipped with an automated traffic | ||||||
21 | law enforcement system must have a yellow change interval that | ||||||
22 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
23 | Devices (IMUTCD) published by the Illinois Department of | ||||||
24 | Transportation. Beginning 6 months before it installs an | ||||||
25 | automated traffic law enforcement system at an intersection, a | ||||||
26 | county or municipality may not change the yellow change |
| |||||||
| |||||||
1 | interval at that intersection. | ||||||
2 | (k-7) A municipality or county operating an automated | ||||||
3 | traffic law enforcement system shall conduct a statistical | ||||||
4 | analysis to assess the safety impact of each automated traffic | ||||||
5 | law enforcement system at an intersection following | ||||||
6 | installation of the system and every 2 years thereafter. Each | ||||||
7 | statistical analysis shall be based upon the best available | ||||||
8 | crash, traffic, and other data, and shall cover a period of | ||||||
9 | time before and after installation of the system sufficient to | ||||||
10 | provide a statistically valid comparison of safety impact. | ||||||
11 | Each statistical analysis shall be consistent with | ||||||
12 | professional judgment and acceptable industry practice. Each | ||||||
13 | statistical analysis also shall be consistent with the data | ||||||
14 | required for valid comparisons of before and after conditions | ||||||
15 | and shall be conducted within a reasonable period following | ||||||
16 | the installation of the automated traffic law enforcement | ||||||
17 | system. Each statistical analysis required by this subsection | ||||||
18 | (k-7) shall be made available to the public and shall be | ||||||
19 | published on the website of the municipality or county. If a | ||||||
20 | statistical analysis 36-month indicates that there has been an | ||||||
21 | increase in the rate of crashes at the approach to the | ||||||
22 | intersection monitored by the system, the municipality or | ||||||
23 | county shall undertake additional studies to determine the | ||||||
24 | cause and severity of the crashes, and may take any action that | ||||||
25 | it determines is necessary or appropriate to reduce the number | ||||||
26 | or severity of the crashes at that intersection. |
| |||||||
| |||||||
1 | (k-8) Any municipality or county operating an automated | ||||||
2 | traffic law enforcement system before July 28, 2023 ( the | ||||||
3 | effective date of Public Act 103-364) this amendatory Act of | ||||||
4 | the 103rd General Assembly shall conduct a statistical | ||||||
5 | analysis to assess the safety impact of each automated traffic | ||||||
6 | law enforcement system at an intersection by no later than one | ||||||
7 | year after July 28, 2023 ( the effective date of Public Act | ||||||
8 | 103-364 this amendatory Act of the 103rd General Assembly and | ||||||
9 | every 2 years thereafter. The statistical analyses shall be | ||||||
10 | based upon the best available crash, traffic, and other data, | ||||||
11 | and shall cover a period of time before and after installation | ||||||
12 | of the system sufficient to provide a statistically valid | ||||||
13 | comparison of safety impact. The statistical analyses shall be | ||||||
14 | consistent with professional judgment and acceptable industry | ||||||
15 | practice. The statistical analyses also shall be consistent | ||||||
16 | with the data required for valid comparisons of before and | ||||||
17 | after conditions. The statistical analyses required by this | ||||||
18 | subsection shall be made available to the public and shall be | ||||||
19 | published on the website of the municipality or county. If the | ||||||
20 | statistical analysis for any period following installation of | ||||||
21 | the system indicates that there has been an increase in the | ||||||
22 | rate of accidents at the approach to the intersection | ||||||
23 | monitored by the system, the municipality or county shall | ||||||
24 | undertake additional studies to determine the cause and | ||||||
25 | severity of the accidents, and may take any action that it | ||||||
26 | determines is necessary or appropriate to reduce the number or |
| |||||||
| |||||||
1 | severity of the accidents at that intersection. | ||||||
2 | (l) The compensation paid for an automated traffic law | ||||||
3 | enforcement system must be based on the value of the equipment | ||||||
4 | or the services provided and may not be based on the number of | ||||||
5 | traffic citations issued or the revenue generated by the | ||||||
6 | system. | ||||||
7 | (l-1) No member of the General Assembly and no officer or | ||||||
8 | employee of a municipality or county shall knowingly accept | ||||||
9 | employment or receive compensation or fees for services from a | ||||||
10 | vendor that provides automated traffic law enforcement system | ||||||
11 | equipment or services to municipalities or counties. No former | ||||||
12 | member of the General Assembly shall, within a period of 2 | ||||||
13 | years immediately after the termination of service as a member | ||||||
14 | of the General Assembly, knowingly accept employment or | ||||||
15 | receive compensation or fees for services from a vendor that | ||||||
16 | provides automated traffic law enforcement system equipment or | ||||||
17 | services to municipalities or counties. No former officer or | ||||||
18 | employee of a municipality or county shall, within a period of | ||||||
19 | 2 years immediately after the termination of municipal or | ||||||
20 | county employment, knowingly accept employment or receive | ||||||
21 | compensation or fees for services from a vendor that provides | ||||||
22 | automated traffic law enforcement system equipment or services | ||||||
23 | to municipalities or counties. | ||||||
24 | (m) This Section applies only to the counties of Cook, | ||||||
25 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
26 | to municipalities located within those counties. |
| |||||||
| |||||||
1 | (n) The fee for participating in a traffic education | ||||||
2 | program under this Section shall not exceed $25. | ||||||
3 | A low-income individual required to complete a traffic | ||||||
4 | education program under this Section who provides proof of | ||||||
5 | eligibility for the federal earned income tax credit under | ||||||
6 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
7 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
8 | Act shall not be required to pay any fee for participating in a | ||||||
9 | required traffic education program. | ||||||
10 | (o) (Blank). | ||||||
11 | (o-1) A municipality or county shall make a certified | ||||||
12 | report to the Secretary of State pursuant to Section 6-306.5-1 | ||||||
13 | of this Code whenever a registered owner of a vehicle has | ||||||
14 | failed to pay any fine or penalty due and owing as a result of | ||||||
15 | a combination of 5 offenses for automated traffic law or speed | ||||||
16 | enforcement system violations. | ||||||
17 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
18 | to a written lease agreement shall be liable for an automated | ||||||
19 | speed or traffic law enforcement system violation involving | ||||||
20 | such motor vehicle during the period of the lease; provided | ||||||
21 | that upon the request of the appropriate authority received | ||||||
22 | within 120 days after the violation occurred, the lessor | ||||||
23 | provides within 60 days after such receipt the name and | ||||||
24 | address of the lessee. The driver's license number of a lessee | ||||||
25 | may be subsequently individually requested by the appropriate | ||||||
26 | authority if needed for enforcement of this Section. |
| |||||||
| |||||||
1 | Upon the provision of information by the lessor pursuant | ||||||
2 | to this subsection, the county or municipality may issue the | ||||||
3 | violation to the lessee of the vehicle in the same manner as it | ||||||
4 | would issue a violation to a registered owner of a vehicle | ||||||
5 | pursuant to this Section, and the lessee may be held liable for | ||||||
6 | the violation. | ||||||
7 | (q) If a county or municipality selects a new vendor for | ||||||
8 | its automated traffic law enforcement system and must, as a | ||||||
9 | consequence, apply for a permit, approval, or other | ||||||
10 | authorization from the Department for reinstallation of one or | ||||||
11 | more malfunctioning components of that system and if, at the | ||||||
12 | time of the application for the permit, approval, or other | ||||||
13 | authorization, the new vendor operates an automated traffic | ||||||
14 | law enforcement system for any other county or municipality in | ||||||
15 | the State, then the Department shall approve or deny the | ||||||
16 | county or municipality's application for the permit, approval, | ||||||
17 | or other authorization within 90 days after its receipt. | ||||||
18 | (r) The Department may revoke any permit, approval, or | ||||||
19 | other authorization granted to a county or municipality for | ||||||
20 | the placement, installation, or operation of an automated | ||||||
21 | traffic law enforcement system if any official or employee who | ||||||
22 | serves that county or municipality is charged with bribery, | ||||||
23 | official misconduct, or a similar crime related to the | ||||||
24 | placement, installation, or operation of the automated traffic | ||||||
25 | law enforcement system in the county or municipality. | ||||||
26 | The Department shall adopt any rules necessary to |
| |||||||
| |||||||
1 | implement and administer this subsection. The rules adopted by | ||||||
2 | the Department shall describe the revocation process, shall | ||||||
3 | ensure that notice of the revocation is provided, and shall | ||||||
4 | provide an opportunity to appeal the revocation. Any county or | ||||||
5 | municipality that has a permit, approval, or other | ||||||
6 | authorization revoked under this subsection may not reapply | ||||||
7 | for such a permit, approval, or other authorization for a | ||||||
8 | period of one 1 year after the revocation. | ||||||
9 | (s) If an automated traffic law enforcement system is | ||||||
10 | removed or rendered inoperable due to construction, then the | ||||||
11 | Department shall authorize the reinstallation or use of the | ||||||
12 | automated traffic law enforcement system within 30 days after | ||||||
13 | the construction is complete. | ||||||
14 | (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
15 | 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised | ||||||
16 | 9-19-23.)
| ||||||
17 | (625 ILCS 5/11-208.8) | ||||||
18 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
19 | safety zones. | ||||||
20 | (a) As used in this Section: | ||||||
21 | "Automated speed enforcement system" means a photographic | ||||||
22 | device, radar device, laser device, or other electrical or | ||||||
23 | mechanical device or devices installed or utilized in a safety | ||||||
24 | zone and designed to record the speed of a vehicle and obtain a | ||||||
25 | clear photograph or other recorded image of the vehicle and |
| |||||||
| |||||||
1 | the vehicle's registration plate or digital registration plate | ||||||
2 | while the driver is violating Article VI of Chapter 11 of this | ||||||
3 | Code or a similar provision of a local ordinance. | ||||||
4 | An automated speed enforcement system is a system, located | ||||||
5 | in a safety zone which is under the jurisdiction of a | ||||||
6 | municipality, that produces a recorded image of a motor | ||||||
7 | vehicle's violation of a provision of this Code or a local | ||||||
8 | ordinance and is designed to obtain a clear recorded image of | ||||||
9 | the vehicle and the vehicle's license plate. The recorded | ||||||
10 | image must also display the time, date, and location of the | ||||||
11 | violation. | ||||||
12 | "Owner" means the person or entity to whom the vehicle is | ||||||
13 | registered. | ||||||
14 | "Recorded image" means images recorded by an automated | ||||||
15 | speed enforcement system on: | ||||||
16 | (1) 2 or more photographs; | ||||||
17 | (2) 2 or more microphotographs; | ||||||
18 | (3) 2 or more electronic images; or | ||||||
19 | (4) a video recording showing the motor vehicle and, | ||||||
20 | on at least one image or portion of the recording, clearly | ||||||
21 | identifying the registration plate or digital registration | ||||||
22 | plate number of the motor vehicle. | ||||||
23 | "Safety zone" means an area that is within one-eighth of a | ||||||
24 | mile from the nearest property line of any public or private | ||||||
25 | elementary or secondary school, or from the nearest property | ||||||
26 | line of any facility, area, or land owned by a school district |
| |||||||
| |||||||
1 | that is used for educational purposes approved by the Illinois | ||||||
2 | State Board of Education, not including school district | ||||||
3 | headquarters or administrative buildings. A safety zone also | ||||||
4 | includes an area that is within one-eighth of a mile from the | ||||||
5 | nearest property line of any facility, area, or land owned by a | ||||||
6 | park district used for recreational purposes. However, if any | ||||||
7 | portion of a roadway is within either one-eighth mile radius, | ||||||
8 | the safety zone also shall include the roadway extended to the | ||||||
9 | furthest portion of the next furthest intersection. The term | ||||||
10 | "safety zone" does not include any portion of the roadway | ||||||
11 | known as Lake Shore Drive or any controlled access highway | ||||||
12 | with 8 or more lanes of traffic. | ||||||
13 | (a-5) The automated speed enforcement system shall be | ||||||
14 | operational and violations shall be recorded only at the | ||||||
15 | following times: | ||||||
16 | (i) if the safety zone is based upon the property line | ||||||
17 | of any facility, area, or land owned by a school district, | ||||||
18 | only on school days and no earlier than 6 a.m. and no later | ||||||
19 | than 8:30 p.m. if the school day is during the period of | ||||||
20 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
21 | Friday; and | ||||||
22 | (ii) if the safety zone is based upon the property | ||||||
23 | line of any facility, area, or land owned by a park | ||||||
24 | district, no earlier than one hour prior to the time that | ||||||
25 | the facility, area, or land is open to the public or other | ||||||
26 | patrons, and no later than one hour after the facility, |
| |||||||
| |||||||
1 | area, or land is closed to the public or other patrons. | ||||||
2 | (b) A municipality that produces a recorded image of a | ||||||
3 | motor vehicle's violation of a provision of this Code or a | ||||||
4 | local ordinance must make the recorded images of a violation | ||||||
5 | accessible to the alleged violator by providing the alleged | ||||||
6 | violator with a website address, accessible through the | ||||||
7 | Internet. | ||||||
8 | (c) Notwithstanding any penalties for any other violations | ||||||
9 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
10 | violation recorded by an automated speed enforcement system | ||||||
11 | shall be subject to the following penalties: | ||||||
12 | (1) if the recorded speed is no less than 6 miles per | ||||||
13 | hour and no more than 10 miles per hour over the legal | ||||||
14 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
15 | additional penalty of not more than $50 for failure to pay | ||||||
16 | the original penalty in a timely manner; or | ||||||
17 | (2) if the recorded speed is more than 10 miles per | ||||||
18 | hour over the legal speed limit, a civil penalty not | ||||||
19 | exceeding $100, plus an additional penalty of not more | ||||||
20 | than $100 for failure to pay the original penalty in a | ||||||
21 | timely manner. | ||||||
22 | A penalty may not be imposed under this Section if the | ||||||
23 | driver of the motor vehicle received a Uniform Traffic | ||||||
24 | Citation from a police officer for a speeding violation | ||||||
25 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
26 | violation that was recorded by the system. A violation for |
| |||||||
| |||||||
1 | which a civil penalty is imposed under this Section is not a | ||||||
2 | violation of a traffic regulation governing the movement of | ||||||
3 | vehicles and may not be recorded on the driving record of the | ||||||
4 | owner of the vehicle. A law enforcement officer is not | ||||||
5 | required to be present or to witness the violation. No penalty | ||||||
6 | may be imposed under this Section if the recorded speed of a | ||||||
7 | vehicle is 5 miles per hour or less over the legal speed limit. | ||||||
8 | The municipality may send, in the same manner that notices are | ||||||
9 | sent under this Section, a speed violation warning notice | ||||||
10 | where the violation involves a speed of 5 miles per hour or | ||||||
11 | less above the legal speed limit. | ||||||
12 | (d) The net proceeds that a municipality receives from | ||||||
13 | civil penalties imposed under an automated speed enforcement | ||||||
14 | system, after deducting all non-personnel and personnel costs | ||||||
15 | associated with the operation and maintenance of such system, | ||||||
16 | shall be expended or obligated by the municipality for the | ||||||
17 | following purposes: | ||||||
18 | (i) public safety initiatives to ensure safe passage | ||||||
19 | around schools, and to provide police protection and | ||||||
20 | surveillance around schools and parks, including but not | ||||||
21 | limited to: (1) personnel costs; and (2) non-personnel | ||||||
22 | costs such as construction and maintenance of public | ||||||
23 | safety infrastructure and equipment; | ||||||
24 | (ii) initiatives to improve pedestrian and traffic | ||||||
25 | safety; | ||||||
26 | (iii) construction and maintenance of infrastructure |
| |||||||
| |||||||
1 | within the municipality, including but not limited to | ||||||
2 | roads and bridges; and | ||||||
3 | (iv) after school programs. | ||||||
4 | (e) For each violation of a provision of this Code or a | ||||||
5 | local ordinance recorded by an automated speed enforcement | ||||||
6 | system, the municipality having jurisdiction shall issue a | ||||||
7 | written notice of the violation to the registered owner of the | ||||||
8 | vehicle as the alleged violator. The notice shall be delivered | ||||||
9 | to the registered owner of the vehicle, by mail, within 30 days | ||||||
10 | after the Secretary of State notifies the municipality of the | ||||||
11 | identity of the owner of the vehicle, but in no event later | ||||||
12 | than 90 days after the violation. | ||||||
13 | (f) The notice required under subsection (e) of this | ||||||
14 | Section shall include: | ||||||
15 | (1) the name and address of the registered owner of | ||||||
16 | the vehicle; | ||||||
17 | (2) the registration number of the motor vehicle | ||||||
18 | involved in the violation; | ||||||
19 | (3) the violation charged; | ||||||
20 | (4) the date, time, and location where the violation | ||||||
21 | occurred; | ||||||
22 | (5) a copy of the recorded image or images; | ||||||
23 | (6) the amount of the civil penalty imposed and the | ||||||
24 | date by which the civil penalty should be paid; | ||||||
25 | (7) a statement that recorded images are evidence of a | ||||||
26 | violation of a speed restriction; |
| |||||||
| |||||||
1 | (8) a warning that failure to pay the civil penalty or | ||||||
2 | to contest liability in a timely manner is an admission of | ||||||
3 | liability and may result in a suspension of the driving | ||||||
4 | privileges of the registered owner of the vehicle ; | ||||||
5 | (9) a statement that the person may elect to proceed | ||||||
6 | by: | ||||||
7 | (A) paying the fine; or | ||||||
8 | (B) challenging the charge in court, by mail, or | ||||||
9 | by administrative hearing; and | ||||||
10 | (10) a website address, accessible through the | ||||||
11 | Internet, where the person may view the recorded images of | ||||||
12 | the violation. | ||||||
13 | (g) (Blank). | ||||||
14 | (g-1) If a person charged with a traffic violation, as a | ||||||
15 | result of an automated speed enforcement system, does not pay | ||||||
16 | the fine or successfully contest the civil penalty resulting | ||||||
17 | from that violation, the Secretary of State shall suspend the | ||||||
18 | driving privileges of the registered owner of the vehicle | ||||||
19 | under Section 6-306.5-1 of this Code for failing to pay any | ||||||
20 | fine or penalty due and owing, or both, as a result of a | ||||||
21 | combination of 5 violations of the automated speed enforcement | ||||||
22 | system or the automated traffic law under Section 11-208.6 of | ||||||
23 | this Code. | ||||||
24 | (h) Based on inspection of recorded images produced by an | ||||||
25 | automated speed enforcement system, a notice alleging that the | ||||||
26 | violation occurred shall be evidence of the facts contained in |
| |||||||
| |||||||
1 | the notice and admissible in any proceeding alleging a | ||||||
2 | violation under this Section. | ||||||
3 | (i) Recorded images made by an automated speed enforcement | ||||||
4 | system are confidential and shall be made available only to | ||||||
5 | the alleged violator and governmental and law enforcement | ||||||
6 | agencies for purposes of adjudicating a violation of this | ||||||
7 | Section, for statistical purposes, or for other governmental | ||||||
8 | purposes. Any recorded image evidencing a violation of this | ||||||
9 | Section, however, may be admissible in any proceeding | ||||||
10 | resulting from the issuance of the citation. | ||||||
11 | (j) The court or hearing officer may consider in defense | ||||||
12 | of a violation: | ||||||
13 | (1) that the motor vehicle or registration plates or | ||||||
14 | digital registration plates of the motor vehicle were | ||||||
15 | stolen before the violation occurred and not under the | ||||||
16 | control or in the possession of the owner or lessee at the | ||||||
17 | time of the violation; | ||||||
18 | (1.5) that the motor vehicle was hijacked before the | ||||||
19 | violation occurred and not under the control of or in the | ||||||
20 | possession of the owner or lessee at the time of the | ||||||
21 | violation; | ||||||
22 | (2) that the driver of the motor vehicle received a | ||||||
23 | Uniform Traffic Citation from a police officer for a | ||||||
24 | speeding violation occurring within one-eighth of a mile | ||||||
25 | and 15 minutes of the violation that was recorded by the | ||||||
26 | system; and |
| |||||||
| |||||||
1 | (3) any other evidence or issues provided by municipal | ||||||
2 | ordinance. | ||||||
3 | (k) To demonstrate that the motor vehicle was hijacked or | ||||||
4 | the motor vehicle or registration plates or digital | ||||||
5 | registration plates were stolen before the violation occurred | ||||||
6 | and were not under the control or possession of the owner or | ||||||
7 | lessee at the time of the violation, the owner or lessee must | ||||||
8 | submit proof that a report concerning the motor vehicle or | ||||||
9 | registration plates was filed with a law enforcement agency in | ||||||
10 | a timely manner. | ||||||
11 | (l) A roadway equipped with an automated speed enforcement | ||||||
12 | system shall be posted with a sign conforming to the national | ||||||
13 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
14 | approaching traffic stating that vehicle speeds are being | ||||||
15 | photo-enforced and indicating the speed limit. The | ||||||
16 | municipality shall install such additional signage as it | ||||||
17 | determines is necessary to give reasonable notice to drivers | ||||||
18 | as to where automated speed enforcement systems are installed. | ||||||
19 | (m) A roadway where a new automated speed enforcement | ||||||
20 | system is installed shall be posted with signs providing 30 | ||||||
21 | days notice of the use of a new automated speed enforcement | ||||||
22 | system prior to the issuance of any citations through the | ||||||
23 | automated speed enforcement system. | ||||||
24 | (n) The compensation paid for an automated speed | ||||||
25 | enforcement system must be based on the value of the equipment | ||||||
26 | or the services provided and may not be based on the number of |
| |||||||
| |||||||
1 | traffic citations issued or the revenue generated by the | ||||||
2 | system. | ||||||
3 | (n-1) No member of the General Assembly and no officer or | ||||||
4 | employee of a municipality or county shall knowingly accept | ||||||
5 | employment or receive compensation or fees for services from a | ||||||
6 | vendor that provides automated speed enforcement system | ||||||
7 | equipment or services to municipalities or counties. No former | ||||||
8 | member of the General Assembly shall, within a period of 2 | ||||||
9 | years immediately after the termination of service as a member | ||||||
10 | of the General Assembly, knowingly accept employment or | ||||||
11 | receive compensation or fees for services from a vendor that | ||||||
12 | provides automated speed enforcement system equipment or | ||||||
13 | services to municipalities or counties. No former officer or | ||||||
14 | employee of a municipality or county shall, within a period of | ||||||
15 | 2 years immediately after the termination of municipal or | ||||||
16 | county employment, knowingly accept employment or receive | ||||||
17 | compensation or fees for services from a vendor that provides | ||||||
18 | automated speed enforcement system equipment or services to | ||||||
19 | municipalities or counties. | ||||||
20 | (o) (Blank). | ||||||
21 | (o-1) A municipality shall make a certified report to the | ||||||
22 | Secretary of State pursuant to Section 6-306.5-1 of this Code | ||||||
23 | whenever a registered owner of a vehicle has failed to pay any | ||||||
24 | fine or penalty due and owing as a result of a combination of 5 | ||||||
25 | offenses for automated speed or traffic law enforcement system | ||||||
26 | violations. |
| |||||||
| |||||||
1 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
2 | to a written lease agreement shall be liable for an automated | ||||||
3 | speed or traffic law enforcement system violation involving | ||||||
4 | such motor vehicle during the period of the lease; provided | ||||||
5 | that upon the request of the appropriate authority received | ||||||
6 | within 120 days after the violation occurred, the lessor | ||||||
7 | provides within 60 days after such receipt the name and | ||||||
8 | address of the lessee. The driver's drivers license number of | ||||||
9 | a lessee may be subsequently individually requested by the | ||||||
10 | appropriate authority if needed for enforcement of this | ||||||
11 | Section. | ||||||
12 | Upon the provision of information by the lessor pursuant | ||||||
13 | to this subsection, the municipality may issue the violation | ||||||
14 | to the lessee of the vehicle in the same manner as it would | ||||||
15 | issue a violation to a registered owner of a vehicle pursuant | ||||||
16 | to this Section, and the lessee may be held liable for the | ||||||
17 | violation. | ||||||
18 | (q) A municipality using an automated speed enforcement | ||||||
19 | system must provide notice to drivers by publishing the | ||||||
20 | locations of all safety zones where system equipment is | ||||||
21 | installed on the website of the municipality. | ||||||
22 | (r) A municipality operating an automated speed | ||||||
23 | enforcement system shall conduct a statistical analysis to | ||||||
24 | assess the safety impact of the system following installation | ||||||
25 | of the system and every 2 years thereafter. A municipality | ||||||
26 | operating an automated speed enforcement system before the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 103rd General | ||||||
2 | Assembly shall conduct a statistical analysis to assess the | ||||||
3 | safety impact of the system by no later than one year after the | ||||||
4 | effective date of this amendatory Act of the 103rd General | ||||||
5 | Assembly and every 2 years thereafter. Each statistical | ||||||
6 | analysis shall be based upon the best available crash, | ||||||
7 | traffic, and other data, and shall cover a period of time | ||||||
8 | before and after installation of the system sufficient to | ||||||
9 | provide a statistically valid comparison of safety impact. | ||||||
10 | Each statistical analysis shall be consistent with | ||||||
11 | professional judgment and acceptable industry practice. Each | ||||||
12 | statistical analysis also shall be consistent with the data | ||||||
13 | required for valid comparisons of before and after conditions | ||||||
14 | and shall be conducted within a reasonable period following | ||||||
15 | the installation of the automated traffic law enforcement | ||||||
16 | system. Each statistical analysis required by this subsection | ||||||
17 | shall be made available to the public and shall be published on | ||||||
18 | the website of the municipality. | ||||||
19 | (s) This Section applies only to municipalities with a | ||||||
20 | population of 1,000,000 or more inhabitants. | ||||||
21 | (t) If a county or municipality selects a new vendor for | ||||||
22 | its automated speed enforcement system and must, as a | ||||||
23 | consequence, apply for a permit, approval, or other | ||||||
24 | authorization from the Department for reinstallation of one or | ||||||
25 | more malfunctioning components of that system and if, at the | ||||||
26 | time of the application for the permit, approval, or other |
| |||||||
| |||||||
1 | authorization, the new vendor operates an automated speed | ||||||
2 | enforcement system for any other county or municipality in the | ||||||
3 | State, then the Department shall approve or deny the county or | ||||||
4 | municipality's application for the permit, approval, or other | ||||||
5 | authorization within 90 days after its receipt. | ||||||
6 | (u) The Department may revoke any permit, approval, or | ||||||
7 | other authorization granted to a county or municipality for | ||||||
8 | the placement, installation, or operation of an automated | ||||||
9 | speed enforcement system if any official or employee who | ||||||
10 | serves that county or municipality is charged with bribery, | ||||||
11 | official misconduct, or a similar crime related to the | ||||||
12 | placement, installation, or operation of the automated speed | ||||||
13 | enforcement system in the county or municipality. | ||||||
14 | The Department shall adopt any rules necessary to | ||||||
15 | implement and administer this subsection. The rules adopted by | ||||||
16 | the Department shall describe the revocation process, shall | ||||||
17 | ensure that notice of the revocation is provided, and shall | ||||||
18 | provide an opportunity to appeal the revocation. Any county or | ||||||
19 | municipality that has a permit, approval, or other | ||||||
20 | authorization revoked under this subsection may not reapply | ||||||
21 | for such a permit, approval, or other authorization for a | ||||||
22 | period of 1 year after the revocation. | ||||||
23 | (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
| ||||||
24 | (625 ILCS 5/11-208.9) | ||||||
25 | Sec. 11-208.9. Automated traffic law enforcement system; |
| |||||||
| |||||||
1 | approaching, overtaking, and passing a school bus. | ||||||
2 | (a) As used in this Section, "automated traffic law | ||||||
3 | enforcement system" means a device with one or more motor | ||||||
4 | vehicle sensors working in conjunction with the visual signals | ||||||
5 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
6 | this Code, to produce recorded images of motor vehicles that | ||||||
7 | fail to stop before meeting or overtaking, from either | ||||||
8 | direction, any school bus stopped at any location for the | ||||||
9 | purpose of receiving or discharging pupils in violation of | ||||||
10 | Section 11-1414 of this Code or a similar provision of a local | ||||||
11 | ordinance. | ||||||
12 | An automated traffic law enforcement system is a system, | ||||||
13 | in a municipality or county operated by a governmental agency, | ||||||
14 | that produces a recorded image of a motor vehicle's violation | ||||||
15 | of a provision of this Code or a local ordinance and is | ||||||
16 | designed to obtain a clear recorded image of the vehicle and | ||||||
17 | the vehicle's license plate. The recorded image must also | ||||||
18 | display the time, date, and location of the violation. | ||||||
19 | (b) As used in this Section, "recorded images" means | ||||||
20 | images recorded by an automated traffic law enforcement system | ||||||
21 | on: | ||||||
22 | (1) 2 or more photographs; | ||||||
23 | (2) 2 or more microphotographs; | ||||||
24 | (3) 2 or more electronic images; or | ||||||
25 | (4) a video recording showing the motor vehicle and, | ||||||
26 | on at least one image or portion of the recording, clearly |
| |||||||
| |||||||
1 | identifying the registration plate or digital registration | ||||||
2 | plate number of the motor vehicle. | ||||||
3 | (c) A municipality or county that produces a recorded | ||||||
4 | image of a motor vehicle's violation of a provision of this | ||||||
5 | Code or a local ordinance must make the recorded images of a | ||||||
6 | violation accessible to the alleged violator by providing the | ||||||
7 | alleged violator with a website address, accessible through | ||||||
8 | the Internet. | ||||||
9 | (d) For each violation of a provision of this Code or a | ||||||
10 | local ordinance recorded by an automated traffic law | ||||||
11 | enforcement system, the county or municipality having | ||||||
12 | jurisdiction shall issue a written notice of the violation to | ||||||
13 | the registered owner of the vehicle as the alleged violator. | ||||||
14 | The notice shall be delivered to the registered owner of the | ||||||
15 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
16 | notifies the municipality or county of the identity of the | ||||||
17 | owner of the vehicle, but in no event later than 90 days after | ||||||
18 | the violation. | ||||||
19 | (e) The notice required under subsection (d) shall | ||||||
20 | include: | ||||||
21 | (1) the name and address of the registered owner of | ||||||
22 | the vehicle; | ||||||
23 | (2) the registration number of the motor vehicle | ||||||
24 | involved in the violation; | ||||||
25 | (3) the violation charged; | ||||||
26 | (4) the location where the violation occurred; |
| |||||||
| |||||||
1 | (5) the date and time of the violation; | ||||||
2 | (6) a copy of the recorded images; | ||||||
3 | (7) the amount of the civil penalty imposed and the | ||||||
4 | date by which the civil penalty should be paid; | ||||||
5 | (8) a statement that recorded images are evidence of a | ||||||
6 | violation of overtaking or passing a school bus stopped | ||||||
7 | for the purpose of receiving or discharging pupils; | ||||||
8 | (9) a warning that failure to pay the civil penalty or | ||||||
9 | to contest liability in a timely manner is an admission of | ||||||
10 | liability and may result in a suspension of the driving | ||||||
11 | privileges of the registered owner of the vehicle ; | ||||||
12 | (10) a statement that the person may elect to proceed | ||||||
13 | by: | ||||||
14 | (A) paying the fine; or | ||||||
15 | (B) challenging the charge in court, by mail, or | ||||||
16 | by administrative hearing; and | ||||||
17 | (11) a website address, accessible through the | ||||||
18 | Internet, where the person may view the recorded images of | ||||||
19 | the violation. | ||||||
20 | (f) (Blank). | ||||||
21 | (f-1) If a person charged with a traffic violation, as a | ||||||
22 | result of an automated traffic law enforcement system under | ||||||
23 | this Section, does not pay the fine or successfully contest | ||||||
24 | the civil penalty resulting from that violation, the Secretary | ||||||
25 | of State shall suspend the driving privileges of the | ||||||
26 | registered owner of the vehicle under Section 6-306.5-1 of |
| |||||||
| |||||||
1 | this Code for failing to pay any fine or penalty due and owing | ||||||
2 | as a result of a combination of 5 violations of the automated | ||||||
3 | traffic law enforcement system or the automated speed | ||||||
4 | enforcement system under Section 11-208.8 of this Code. | ||||||
5 | (g) Based on inspection of recorded images produced by an | ||||||
6 | automated traffic law enforcement system, a notice alleging | ||||||
7 | that the violation occurred shall be evidence of the facts | ||||||
8 | contained in the notice and admissible in any proceeding | ||||||
9 | alleging a violation under this Section. | ||||||
10 | (h) Recorded images made by an automated traffic law | ||||||
11 | enforcement system are confidential and shall be made | ||||||
12 | available only to the alleged violator and governmental and | ||||||
13 | law enforcement agencies for purposes of adjudicating a | ||||||
14 | violation of this Section, for statistical purposes, or for | ||||||
15 | other governmental purposes. Any recorded image evidencing a | ||||||
16 | violation of this Section, however, may be admissible in any | ||||||
17 | proceeding resulting from the issuance of the citation. | ||||||
18 | (i) The court or hearing officer may consider in defense | ||||||
19 | of a violation: | ||||||
20 | (1) that the motor vehicle or registration plates or | ||||||
21 | digital registration plates of the motor vehicle were | ||||||
22 | stolen before the violation occurred and not under the | ||||||
23 | control of or in the possession of the owner or lessee at | ||||||
24 | the time of the violation; | ||||||
25 | (1.5) that the motor vehicle was hijacked before the | ||||||
26 | violation occurred and not under the control of or in the |
| |||||||
| |||||||
1 | possession of the owner or lessee at the time of the | ||||||
2 | violation; | ||||||
3 | (2) that the driver of the motor vehicle received a | ||||||
4 | Uniform Traffic Citation from a police officer for a | ||||||
5 | violation of Section 11-1414 of this Code within | ||||||
6 | one-eighth of a mile and 15 minutes of the violation that | ||||||
7 | was recorded by the system; | ||||||
8 | (3) that the visual signals required by Sections | ||||||
9 | 12-803 and 12-805 of this Code were damaged, not | ||||||
10 | activated, not present in violation of Sections 12-803 and | ||||||
11 | 12-805, or inoperable; and | ||||||
12 | (4) any other evidence or issues provided by municipal | ||||||
13 | or county ordinance. | ||||||
14 | (j) To demonstrate that the motor vehicle was hijacked or | ||||||
15 | the motor vehicle or registration plates or digital | ||||||
16 | registration plates were stolen before the violation occurred | ||||||
17 | and were not under the control or possession of the owner or | ||||||
18 | lessee at the time of the violation, the owner or lessee must | ||||||
19 | submit proof that a report concerning the motor vehicle or | ||||||
20 | registration plates was filed with a law enforcement agency in | ||||||
21 | a timely manner. | ||||||
22 | (k) Unless the driver of the motor vehicle received a | ||||||
23 | Uniform Traffic Citation from a police officer at the time of | ||||||
24 | the violation, the motor vehicle owner is subject to a civil | ||||||
25 | penalty not exceeding $150 for a first time violation or $500 | ||||||
26 | for a second or subsequent violation, plus an additional |
| |||||||
| |||||||
1 | penalty of not more than $100 for failure to pay the original | ||||||
2 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
3 | an automated traffic law enforcement system. A violation for | ||||||
4 | which a civil penalty is imposed under this Section is not a | ||||||
5 | violation of a traffic regulation governing the movement of | ||||||
6 | vehicles and may not be recorded on the driving record of the | ||||||
7 | owner of the vehicle, but may be recorded by the municipality | ||||||
8 | or county for the purpose of determining if a person is subject | ||||||
9 | to the higher fine for a second or subsequent offense. | ||||||
10 | (l) A school bus equipped with an automated traffic law | ||||||
11 | enforcement system must be posted with a sign indicating that | ||||||
12 | the school bus is being monitored by an automated traffic law | ||||||
13 | enforcement system. | ||||||
14 | (m) A municipality or county that has one or more school | ||||||
15 | buses equipped with an automated traffic law enforcement | ||||||
16 | system must provide notice to drivers by posting a list of | ||||||
17 | school districts using school buses equipped with an automated | ||||||
18 | traffic law enforcement system on the municipality or county | ||||||
19 | website. School districts that have one or more school buses | ||||||
20 | equipped with an automated traffic law enforcement system must | ||||||
21 | provide notice to drivers by posting that information on their | ||||||
22 | websites. | ||||||
23 | (n) A municipality or county operating an automated | ||||||
24 | traffic law enforcement system shall conduct a statistical | ||||||
25 | analysis to assess the safety impact in each school district | ||||||
26 | using school buses equipped with an automated traffic law |
| |||||||
| |||||||
1 | enforcement system following installation of the system and | ||||||
2 | every 2 years thereafter. A municipality or county operating | ||||||
3 | an automated speed enforcement system before the effective | ||||||
4 | date of this amendatory Act of the 103rd General Assembly | ||||||
5 | shall conduct a statistical analysis to assess the safety | ||||||
6 | impact of the system by no later than one year after the | ||||||
7 | effective date of this amendatory Act of the 103rd General | ||||||
8 | Assembly and every 2 years thereafter. Each statistical | ||||||
9 | analysis shall be based upon the best available crash, | ||||||
10 | traffic, and other data, and shall cover a period of time | ||||||
11 | before and after installation of the system sufficient to | ||||||
12 | provide a statistically valid comparison of safety impact. | ||||||
13 | Each statistical analysis shall be consistent with | ||||||
14 | professional judgment and acceptable industry practice. Each | ||||||
15 | statistical analysis also shall be consistent with the data | ||||||
16 | required for valid comparisons of before and after conditions | ||||||
17 | and shall be conducted within a reasonable period following | ||||||
18 | the installation of the automated traffic law enforcement | ||||||
19 | system. Each statistical analysis required by this subsection | ||||||
20 | shall be made available to the public and shall be published on | ||||||
21 | the website of the municipality or county. If a statistical | ||||||
22 | analysis indicates that there has been an increase in the rate | ||||||
23 | of crashes at the approach to school buses monitored by the | ||||||
24 | system, the municipality or county shall undertake additional | ||||||
25 | studies to determine the cause and severity of the crashes, | ||||||
26 | and may take any action that it determines is necessary or |
| |||||||
| |||||||
1 | appropriate to reduce the number or severity of the crashes | ||||||
2 | involving school buses equipped with an automated traffic law | ||||||
3 | enforcement system. | ||||||
4 | (o) The compensation paid for an automated traffic law | ||||||
5 | enforcement system must be based on the value of the equipment | ||||||
6 | or the services provided and may not be based on the number of | ||||||
7 | traffic citations issued or the revenue generated by the | ||||||
8 | system. | ||||||
9 | (o-1) No member of the General Assembly and no officer or | ||||||
10 | employee of a municipality or county shall knowingly accept | ||||||
11 | employment or receive compensation or fees for services from a | ||||||
12 | vendor that provides automated traffic law enforcement system | ||||||
13 | equipment or services to municipalities or counties. No former | ||||||
14 | member of the General Assembly shall, within a period of 2 | ||||||
15 | years immediately after the termination of service as a member | ||||||
16 | of the General Assembly, knowingly accept employment or | ||||||
17 | receive compensation or fees for services from a vendor that | ||||||
18 | provides automated traffic law enforcement system equipment or | ||||||
19 | services to municipalities or counties. No former officer or | ||||||
20 | employee of a municipality or county shall, within a period of | ||||||
21 | 2 years immediately after the termination of municipal or | ||||||
22 | county employment, knowingly accept employment or receive | ||||||
23 | compensation or fees for services from a vendor that provides | ||||||
24 | automated traffic law enforcement system equipment or services | ||||||
25 | to municipalities or counties. | ||||||
26 | (p) No person who is the lessor of a motor vehicle pursuant |
| |||||||
| |||||||
1 | to a written lease agreement shall be liable for an automated | ||||||
2 | speed or traffic law enforcement system violation involving | ||||||
3 | such motor vehicle during the period of the lease; provided | ||||||
4 | that upon the request of the appropriate authority received | ||||||
5 | within 120 days after the violation occurred, the lessor | ||||||
6 | provides within 60 days after such receipt the name and | ||||||
7 | address of the lessee. The driver's license number of a lessee | ||||||
8 | may be subsequently individually requested by the appropriate | ||||||
9 | authority if needed for enforcement of this Section. | ||||||
10 | Upon the provision of information by the lessor pursuant | ||||||
11 | to this subsection, the county or municipality may issue the | ||||||
12 | violation to the lessee of the vehicle in the same manner as it | ||||||
13 | would issue a violation to a registered owner of a vehicle | ||||||
14 | pursuant to this Section, and the lessee may be held liable for | ||||||
15 | the violation. | ||||||
16 | (q) (Blank). | ||||||
17 | (q-1) A municipality or county shall make a certified | ||||||
18 | report to the Secretary of State pursuant to Section 6-306.5-1 | ||||||
19 | of this Code whenever a registered owner of a vehicle has | ||||||
20 | failed to pay any fine or penalty due and owing as a result of | ||||||
21 | a combination of 5 offenses for automated traffic law or speed | ||||||
22 | enforcement system violations. | ||||||
23 | (r) After a municipality or county enacts an ordinance | ||||||
24 | providing for automated traffic law enforcement systems under | ||||||
25 | this Section, each school district within that municipality or | ||||||
26 | county's jurisdiction may implement an automated traffic law |
| |||||||
| |||||||
1 | enforcement system under this Section. The elected school | ||||||
2 | board for that district must approve the implementation of an | ||||||
3 | automated traffic law enforcement system. The school district | ||||||
4 | shall be responsible for entering into a contract, approved by | ||||||
5 | the elected school board of that district, with vendors for | ||||||
6 | the installation, maintenance, and operation of the automated | ||||||
7 | traffic law enforcement system. The school district must enter | ||||||
8 | into an intergovernmental agreement, approved by the elected | ||||||
9 | school board of that district, with the municipality or county | ||||||
10 | with jurisdiction over that school district for the | ||||||
11 | administration of the automated traffic law enforcement | ||||||
12 | system. The proceeds from a school district's automated | ||||||
13 | traffic law enforcement system's fines shall be divided | ||||||
14 | equally between the school district and the municipality or | ||||||
15 | county administering the automated traffic law enforcement | ||||||
16 | system. | ||||||
17 | (s) If a county or municipality changes the vendor it uses | ||||||
18 | for its automated traffic law enforcement system and must, as | ||||||
19 | a consequence, apply for a permit, approval, or other | ||||||
20 | authorization from the Department for reinstallation of one or | ||||||
21 | more malfunctioning components of that system and if, at the | ||||||
22 | time of the application, the new vendor operates an automated | ||||||
23 | traffic law enforcement system for any other county or | ||||||
24 | municipality in the State, then the Department shall approve | ||||||
25 | or deny the county or municipality's application for that | ||||||
26 | permit, approval, or other authorization within 90 days after |
| |||||||
| |||||||
1 | its receipt. | ||||||
2 | (t) The Department may revoke any permit, approval, or | ||||||
3 | other authorization granted to a county or municipality for | ||||||
4 | the placement, installation, or operation of an automated | ||||||
5 | traffic law enforcement system if any official or employee who | ||||||
6 | serves that county or municipality is charged with bribery, | ||||||
7 | official misconduct, or a similar crime related to the | ||||||
8 | placement, installation, or operation of the automated traffic | ||||||
9 | law enforcement system in the county or municipality. | ||||||
10 | The Department shall adopt any rules necessary to | ||||||
11 | implement and administer this subsection. The rules adopted by | ||||||
12 | the Department shall describe the revocation process, shall | ||||||
13 | ensure that notice of the revocation is provided, and shall | ||||||
14 | provide an opportunity to appeal the revocation. Any county or | ||||||
15 | municipality that has a permit, approval, or other | ||||||
16 | authorization revoked under this subsection may not reapply | ||||||
17 | for such a permit, approval, or other authorization for a | ||||||
18 | period of 1 year after the revocation. | ||||||
19 | (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
20 | 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
| ||||||
21 | (625 ILCS 5/11-1201.1) | ||||||
22 | Sec. 11-1201.1. Automated railroad crossing enforcement | ||||||
23 | system. | ||||||
24 | (a) For the purposes of this Section, an automated | ||||||
25 | railroad grade crossing enforcement system is a system in a |
| |||||||
| |||||||
1 | municipality or county operated by a governmental agency that | ||||||
2 | produces a recorded image of a motor vehicle's violation of a | ||||||
3 | provision of this Code or local ordinance and is designed to | ||||||
4 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
5 | license plate. The recorded image must also display the time, | ||||||
6 | date, and location of the violation. | ||||||
7 | As used in this Section, "recorded images" means images | ||||||
8 | recorded by an automated railroad grade crossing enforcement | ||||||
9 | system on: | ||||||
10 | (1) 2 or more photographs; | ||||||
11 | (2) 2 or more microphotographs; | ||||||
12 | (3) 2 or more electronic images; or | ||||||
13 | (4) a video recording showing the motor vehicle and, | ||||||
14 | on at least one image or portion of the recording, clearly | ||||||
15 | identifying the registration plate or digital registration | ||||||
16 | plate number of the motor vehicle. | ||||||
17 | (b) The Illinois Commerce Commission may, in cooperation | ||||||
18 | with a local law enforcement agency, establish in any county | ||||||
19 | or municipality an automated railroad grade crossing | ||||||
20 | enforcement system at any railroad grade crossing equipped | ||||||
21 | with a crossing gate designated by local authorities. Local | ||||||
22 | authorities desiring the establishment of an automated | ||||||
23 | railroad crossing enforcement system must initiate the process | ||||||
24 | by enacting a local ordinance requesting the creation of such | ||||||
25 | a system. After the ordinance has been enacted, and before any | ||||||
26 | additional steps toward the establishment of the system are |
| |||||||
| |||||||
1 | undertaken, the local authorities and the Commission must | ||||||
2 | agree to a plan for obtaining, from any combination of | ||||||
3 | federal, State, and local funding sources, the moneys required | ||||||
4 | for the purchase and installation of any necessary equipment. | ||||||
5 | (b-1) (Blank). | ||||||
6 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
7 | local ordinance recorded by an automated railroad grade | ||||||
8 | crossing enforcement system, the county or municipality having | ||||||
9 | jurisdiction shall issue a written notice of the violation to | ||||||
10 | the registered owner of the vehicle as the alleged violator. | ||||||
11 | The notice shall be delivered to the registered owner of the | ||||||
12 | vehicle, by mail, no later than 90 days after the violation. | ||||||
13 | The notice shall include: | ||||||
14 | (1) the name and address of the registered owner of | ||||||
15 | the vehicle; | ||||||
16 | (2) the registration number of the motor vehicle | ||||||
17 | involved in the violation; | ||||||
18 | (3) the violation charged; | ||||||
19 | (4) the location where the violation occurred; | ||||||
20 | (5) the date and time of the violation; | ||||||
21 | (6) a copy of the recorded images; | ||||||
22 | (7) the amount of the civil penalty imposed and the | ||||||
23 | date by which the civil penalty should be paid; | ||||||
24 | (8) a statement that recorded images are evidence of a | ||||||
25 | violation of a railroad grade crossing; | ||||||
26 | (9) a warning that failure to pay the civil penalty or |
| |||||||
| |||||||
1 | to contest liability in a timely manner is an admission of | ||||||
2 | liability and may result in a suspension of the driving | ||||||
3 | privileges of the registered owner of the vehicle ; and | ||||||
4 | (10) a statement that the person may elect to proceed | ||||||
5 | by: | ||||||
6 | (A) paying the fine; or | ||||||
7 | (B) challenging the charge in court, by mail, or | ||||||
8 | by administrative hearing. | ||||||
9 | (d) (Blank). | ||||||
10 | (d-1) (Blank). | ||||||
11 | (d-2) (Blank). | ||||||
12 | (d-3) If a person charged with a traffic violation, as a | ||||||
13 | result of an automated railroad grade crossing enforcement | ||||||
14 | system, does not pay or successfully contest the civil penalty | ||||||
15 | resulting from that violation, the Secretary of State shall | ||||||
16 | suspend the driving privileges of the registered owner of the | ||||||
17 | vehicle under Section 6-306.5-1 of this Code for failing to | ||||||
18 | pay any fine or penalty due and owing as a result of 5 | ||||||
19 | violations of the automated railroad grade crossing | ||||||
20 | enforcement system. | ||||||
21 | (e) Based on inspection of recorded images produced by an | ||||||
22 | automated railroad grade crossing enforcement system, a notice | ||||||
23 | alleging that the violation occurred shall be evidence of the | ||||||
24 | facts contained in the notice and admissible in any proceeding | ||||||
25 | alleging a violation under this Section. | ||||||
26 | (e-1) Recorded images made by an automated railroad grade |
| |||||||
| |||||||
1 | crossing enforcement system are confidential and shall be made | ||||||
2 | available only to the alleged violator and governmental and | ||||||
3 | law enforcement agencies for purposes of adjudicating a | ||||||
4 | violation of this Section, for statistical purposes, or for | ||||||
5 | other governmental purposes. Any recorded image evidencing a | ||||||
6 | violation of this Section, however, may be admissible in any | ||||||
7 | proceeding resulting from the issuance of the citation. | ||||||
8 | (e-2) The court or hearing officer may consider the | ||||||
9 | following in the defense of a violation: | ||||||
10 | (1) that the motor vehicle or registration plates or | ||||||
11 | digital registration plates of the motor vehicle were | ||||||
12 | stolen before the violation occurred and not under the | ||||||
13 | control of or in the possession of the owner or lessee at | ||||||
14 | the time of the violation; | ||||||
15 | (1.5) that the motor vehicle was hijacked before the | ||||||
16 | violation occurred and not under the control of or in the | ||||||
17 | possession of the owner or lessee at the time of the | ||||||
18 | violation; | ||||||
19 | (2) that the driver of the motor vehicle received a | ||||||
20 | Uniform Traffic Citation from a police officer at the time | ||||||
21 | of the violation for the same offense; | ||||||
22 | (3) any other evidence or issues provided by municipal | ||||||
23 | or county ordinance. | ||||||
24 | (e-3) To demonstrate that the motor vehicle was hijacked | ||||||
25 | or the motor vehicle or registration plates or digital | ||||||
26 | registration plates were stolen before the violation occurred |
| |||||||
| |||||||
1 | and were not under the control or possession of the owner or | ||||||
2 | lessee at the time of the violation, the owner or lessee must | ||||||
3 | submit proof that a report concerning the motor vehicle or | ||||||
4 | registration plates was filed with a law enforcement agency in | ||||||
5 | a timely manner. | ||||||
6 | (f) Rail crossings equipped with an automatic railroad | ||||||
7 | grade crossing enforcement system shall be posted with a sign | ||||||
8 | visible to approaching traffic stating that the railroad grade | ||||||
9 | crossing is being monitored, that citations will be issued, | ||||||
10 | and the amount of the fine for violation. | ||||||
11 | (g) The compensation paid for an automated railroad grade | ||||||
12 | crossing enforcement system must be based on the value of the | ||||||
13 | equipment or the services provided and may not be based on the | ||||||
14 | number of citations issued or the revenue generated by the | ||||||
15 | system. | ||||||
16 | (h) (Blank). | ||||||
17 | (i) If any part or parts of this Section are held by a | ||||||
18 | court of competent jurisdiction to be unconstitutional, the | ||||||
19 | unconstitutionality shall not affect the validity of the | ||||||
20 | remaining parts of this Section. The General Assembly hereby | ||||||
21 | declares that it would have passed the remaining parts of this | ||||||
22 | Section if it had known that the other part or parts of this | ||||||
23 | Section would be declared unconstitutional. | ||||||
24 | (j) Penalty. A civil fine of $250 shall be imposed for a | ||||||
25 | first violation of this Section, and a civil fine of $500 shall | ||||||
26 | be imposed for a second or subsequent violation of this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
3 | 102-813, eff. 5-13-22; 102-905, eff. 1-1-23 .)
| ||||||
4 | Section 200. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-303, 6-306.5-1, and 6-306.9 and by adding | ||||||
6 | Sections 4-214.2 and 6-306.5-1 as follows:
| ||||||
7 | (625 ILCS 5/4-214.2 new) | ||||||
8 | Sec. 4-214.2. Failure to pay fines, charges, and costs on | ||||||
9 | an abandoned vehicle. | ||||||
10 | (a) Whenever any resident of this State fails to pay any | ||||||
11 | fine, charge, or cost imposed for a violation of Section 4-201 | ||||||
12 | of this Code, or a similar provision of a local ordinance, the | ||||||
13 | clerk shall notify the Secretary of State, on a report | ||||||
14 | prescribed by the Secretary, and the Secretary shall prohibit | ||||||
15 | the renewal, reissue, or reinstatement of the resident's | ||||||
16 | driving privileges until the fine, charge, or cost has been | ||||||
17 | paid in full. The clerk shall provide notice to the owner, at | ||||||
18 | the owner's last known address as shown on the court's | ||||||
19 | records, stating that the action will be effective on the 46th | ||||||
20 | day following the date of the above notice if payment is not | ||||||
21 | received in full by the court of venue. | ||||||
22 | (b) Following receipt of the report from the clerk, the | ||||||
23 | Secretary of State shall make the proper notation to the | ||||||
24 | owner's file to prohibit the renewal, reissue, or |
| |||||||
| |||||||
1 | reinstatement of the owner's driving privileges. Except as | ||||||
2 | provided in subsection (d) of this Section, the notation shall | ||||||
3 | not be removed from the owner's record until the owner | ||||||
4 | satisfies the outstanding fine, charge, or cost and an | ||||||
5 | appropriate notice on a form prescribed by the Secretary is | ||||||
6 | received by the Secretary from the court of venue, stating | ||||||
7 | that the fine, charge, or cost has been paid in full. Upon | ||||||
8 | payment in full of a fine, charge, or court cost which has | ||||||
9 | previously been reported under this Section as unpaid, the | ||||||
10 | clerk of the court shall present the owner with a signed | ||||||
11 | receipt containing the seal of the court indicating that the | ||||||
12 | fine, charge, or cost has been paid in full, and shall forward | ||||||
13 | immediately to the Secretary of State a notice stating that | ||||||
14 | the fine, charge, or cost has been paid in full. | ||||||
15 | (c) Notwithstanding the receipt of a report from the clerk | ||||||
16 | as prescribed in subsection (a), nothing in this Section is | ||||||
17 | intended to place any responsibility upon the Secretary of | ||||||
18 | State to provide independent notice to the owner of any | ||||||
19 | potential action to disallow the renewal, reissue, or | ||||||
20 | reinstatement of the owner's driving privileges. | ||||||
21 | (d) The Secretary of State shall renew, reissue, or | ||||||
22 | reinstate an owner's driving privileges which were previously | ||||||
23 | refused under this Section upon presentation of an original | ||||||
24 | receipt which is signed by the clerk of the court and contains | ||||||
25 | the seal of the court indicating that the fine, charge, or cost | ||||||
26 | has been paid in full. The Secretary of State shall retain the |
| |||||||
| |||||||
1 | receipt for his or her records.
| ||||||
2 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) | ||||||
3 | Sec. 6-303. Driving while driver's license, permit, or | ||||||
4 | privilege to operate a motor vehicle is suspended or revoked. | ||||||
5 | (a) Except as otherwise provided in subsection (a-5) or | ||||||
6 | (a-7), any person who drives or is in actual physical control | ||||||
7 | of a motor vehicle on any highway of this State at a time when | ||||||
8 | such person's driver's license, permit, or privilege to do so | ||||||
9 | or the privilege to obtain a driver's license or permit is | ||||||
10 | revoked or suspended as provided by this Code or the law of | ||||||
11 | another state, except as may be specifically allowed by a | ||||||
12 | judicial driving permit issued prior to January 1, 2009, | ||||||
13 | monitoring device driving permit, family financial | ||||||
14 | responsibility driving permit, probationary license to drive, | ||||||
15 | or a restricted driving permit issued pursuant to this Code or | ||||||
16 | under the law of another state, shall be guilty of a Class A | ||||||
17 | misdemeanor. | ||||||
18 | (a-3) A second or subsequent violation of subsection (a) | ||||||
19 | of this Section is a Class 4 felony if committed by a person | ||||||
20 | whose driving or operation of a motor vehicle is the proximate | ||||||
21 | cause of a motor vehicle crash that causes personal injury or | ||||||
22 | death to another. For purposes of this subsection, a personal | ||||||
23 | injury includes any Type A injury as indicated on the traffic | ||||||
24 | crash report completed by a law enforcement officer that | ||||||
25 | requires immediate professional attention in either a doctor's |
| |||||||
| |||||||
1 | office or a medical facility. A Type A injury includes severe | ||||||
2 | bleeding wounds, distorted extremities, and injuries that | ||||||
3 | require the injured party to be carried from the scene. | ||||||
4 | (a-5) Any person who violates this Section as provided in | ||||||
5 | subsection (a) while his or her driver's license, permit, or | ||||||
6 | privilege is revoked because of a violation of Section 9-3 of | ||||||
7 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
8 | relating to the offense of reckless homicide, or a violation | ||||||
9 | of subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
10 | Section 11-501 of this Code, relating to the offense of | ||||||
11 | aggravated driving under the influence of alcohol, other drug | ||||||
12 | or drugs, or intoxicating compound or compounds, or any | ||||||
13 | combination thereof when the violation was a proximate cause | ||||||
14 | of a death, or a similar provision of a law of another state, | ||||||
15 | is guilty of a Class 4 felony. The person shall be required to | ||||||
16 | undergo a professional evaluation, as provided in Section | ||||||
17 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
18 | intoxicating compound problem exists and the extent of the | ||||||
19 | problem, and to undergo the imposition of treatment as | ||||||
20 | appropriate. | ||||||
21 | (a-7) Any person who violates this Section as provided in | ||||||
22 | subsection (a) while his or her driver's license or privilege | ||||||
23 | to drive is suspended under Section 6-306.5-1 6-306.5 or 7-702 | ||||||
24 | of this Code shall receive a Uniform Traffic Citation from the | ||||||
25 | law enforcement officer. A person who receives 3 or more | ||||||
26 | Uniform Traffic Citations under this subsection (a-7) without |
| |||||||
| |||||||
1 | paying any fees associated with the citations shall be guilty | ||||||
2 | of a Class A misdemeanor. | ||||||
3 | (a-10) A person's driver's license, permit, or privilege | ||||||
4 | to obtain a driver's license or permit may be subject to | ||||||
5 | multiple revocations, multiple suspensions, or any combination | ||||||
6 | of both simultaneously. No revocation or suspension shall | ||||||
7 | serve to negate, invalidate, cancel, postpone, or in any way | ||||||
8 | lessen the effect of any other revocation or suspension | ||||||
9 | entered prior or subsequent to any other revocation or | ||||||
10 | suspension. | ||||||
11 | (b) (Blank). | ||||||
12 | (b-1) Except for a person under subsection (a-7) of this | ||||||
13 | Section, upon receiving a report of the conviction of any | ||||||
14 | violation indicating a person was operating a motor vehicle | ||||||
15 | during the time when the person's driver's license, permit, or | ||||||
16 | privilege was suspended by the Secretary of State or the | ||||||
17 | driver's licensing administrator of another state, except as | ||||||
18 | specifically allowed by a probationary license, judicial | ||||||
19 | driving permit, restricted driving permit, or monitoring | ||||||
20 | device driving permit, the Secretary shall extend the | ||||||
21 | suspension for the same period of time as the originally | ||||||
22 | imposed suspension unless the suspension has already expired, | ||||||
23 | in which case the Secretary shall be authorized to suspend the | ||||||
24 | person's driving privileges for the same period of time as the | ||||||
25 | originally imposed suspension. | ||||||
26 | (b-2) Except as provided in subsection (b-6) or (a-7), |
| |||||||
| |||||||
1 | upon receiving a report of the conviction of any violation | ||||||
2 | indicating a person was operating a motor vehicle when the | ||||||
3 | person's driver's license, permit, or privilege was revoked by | ||||||
4 | the Secretary of State or the driver's license administrator | ||||||
5 | of any other state, except as specifically allowed by a | ||||||
6 | restricted driving permit issued pursuant to this Code or the | ||||||
7 | law of another state, the Secretary shall not issue a driver's | ||||||
8 | license for an additional period of one year from the date of | ||||||
9 | such conviction indicating such person was operating a vehicle | ||||||
10 | during such period of revocation. | ||||||
11 | (b-3) (Blank). | ||||||
12 | (b-4) When the Secretary of State receives a report of a | ||||||
13 | conviction of any violation indicating a person was operating | ||||||
14 | a motor vehicle that was not equipped with an ignition | ||||||
15 | interlock device during a time when the person was prohibited | ||||||
16 | from operating a motor vehicle not equipped with such a | ||||||
17 | device, the Secretary shall not issue a driver's license to | ||||||
18 | that person for an additional period of one year from the date | ||||||
19 | of the conviction. | ||||||
20 | (b-5) Any person convicted of violating this Section shall | ||||||
21 | serve a minimum term of imprisonment of 30 consecutive days or | ||||||
22 | 300 hours of community service when the person's driving | ||||||
23 | privilege was revoked or suspended as a result of a violation | ||||||
24 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012, relating to the offense of reckless homicide, or | ||||||
26 | a violation of subparagraph (F) of paragraph (1) of subsection |
| |||||||
| |||||||
1 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
2 | aggravated driving under the influence of alcohol, other drug | ||||||
3 | or drugs, or intoxicating compound or compounds, or any | ||||||
4 | combination thereof when the violation was a proximate cause | ||||||
5 | of a death, or a similar provision of a law of another state. | ||||||
6 | The court may give credit toward the fulfillment of community | ||||||
7 | service hours for participation in activities and treatment as | ||||||
8 | determined by court services. | ||||||
9 | (b-6) Upon receiving a report of a first conviction of | ||||||
10 | operating a motor vehicle while the person's driver's license, | ||||||
11 | permit, or privilege was revoked where the revocation was for | ||||||
12 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012 relating to the offense of reckless | ||||||
14 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
15 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
16 | the offense of aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof when the violation was a | ||||||
19 | proximate cause of a death, or a similar out-of-state offense, | ||||||
20 | the Secretary shall not issue a driver's license for an | ||||||
21 | additional period of 3 years from the date of such conviction. | ||||||
22 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
23 | person convicted of violating this Section shall serve a | ||||||
24 | minimum term of imprisonment of 10 consecutive days or 30 days | ||||||
25 | of community service when the person's driving privilege was | ||||||
26 | revoked or suspended as a result of: |
| |||||||
| |||||||
1 | (1) a violation of Section 11-501 of this Code or a | ||||||
2 | similar provision of a local ordinance relating to the | ||||||
3 | offense of operating or being in physical control of a | ||||||
4 | vehicle while under the influence of alcohol, any other | ||||||
5 | drug or any combination thereof; or | ||||||
6 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
7 | this Code or a similar provision of a local ordinance | ||||||
8 | relating to the offense of leaving the scene of a motor | ||||||
9 | vehicle crash involving personal injury or death; or | ||||||
10 | (3) a statutory summary suspension or revocation under | ||||||
11 | Section 11-501.1 of this Code. | ||||||
12 | Such sentence of imprisonment or community service shall | ||||||
13 | not be subject to suspension in order to reduce such sentence. | ||||||
14 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
15 | (d), any person convicted of a second violation of this | ||||||
16 | Section shall be ordered by the court to serve a minimum of 100 | ||||||
17 | hours of community service. The court may give credit toward | ||||||
18 | the fulfillment of community service hours for participation | ||||||
19 | in activities and treatment as determined by court services. | ||||||
20 | (c-2) In addition to other penalties imposed under this | ||||||
21 | Section, the court may impose on any person convicted a fourth | ||||||
22 | time of violating this Section any of the following: | ||||||
23 | (1) Seizure of the license plates of the person's | ||||||
24 | vehicle. | ||||||
25 | (2) Immobilization of the person's vehicle for a | ||||||
26 | period of time to be determined by the court. |
| |||||||
| |||||||
1 | (c-3) Any person convicted of a violation of this Section | ||||||
2 | during a period of summary suspension imposed pursuant to | ||||||
3 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
4 | device driving permit shall be guilty of a Class 4 felony and | ||||||
5 | shall serve a minimum term of imprisonment of 30 days. | ||||||
6 | (c-4) Any person who has been issued a monitoring device | ||||||
7 | driving permit or a restricted driving permit which requires | ||||||
8 | the person to operate only motor vehicles equipped with an | ||||||
9 | ignition interlock device and who is convicted of a violation | ||||||
10 | of this Section as a result of operating or being in actual | ||||||
11 | physical control of a motor vehicle not equipped with an | ||||||
12 | ignition interlock device at the time of the offense shall be | ||||||
13 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
14 | imprisonment of 30 days. | ||||||
15 | (c-5) Any person convicted of a second violation of this | ||||||
16 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
17 | probation or conditional discharge, and shall serve a | ||||||
18 | mandatory term of imprisonment, if: | ||||||
19 | (1) the current violation occurred when the person's | ||||||
20 | driver's license was suspended or revoked for a violation | ||||||
21 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012, relating to the offense of reckless | ||||||
23 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
24 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
25 | relating to the offense of aggravated driving under the | ||||||
26 | influence of alcohol, other drug or drugs, or intoxicating |
| |||||||
| |||||||
1 | compound or compounds, or any combination thereof when the | ||||||
2 | violation was a proximate cause of a death, or a similar | ||||||
3 | out-of-state offense; and | ||||||
4 | (2) the prior conviction under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 9-3 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
8 | offense of reckless homicide, or a violation of | ||||||
9 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
10 | Section 11-501 of this Code, relating to the offense of | ||||||
11 | aggravated driving under the influence of alcohol, other | ||||||
12 | drug or drugs, or intoxicating compound or compounds, or | ||||||
13 | any combination thereof when the violation was a proximate | ||||||
14 | cause of a death, or a similar out-of-state offense, or | ||||||
15 | was suspended or revoked for a violation of Section 11-401 | ||||||
16 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
17 | similar provision of a local ordinance, or a statutory | ||||||
18 | summary suspension or revocation under Section 11-501.1 of | ||||||
19 | this Code. | ||||||
20 | (d) Any person convicted of a second violation of this | ||||||
21 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
22 | minimum term of imprisonment of 30 days or 300 hours of | ||||||
23 | community service, as determined by the court, if: | ||||||
24 | (1) the current violation occurred when the person's | ||||||
25 | driver's license was suspended or revoked for a violation | ||||||
26 | of Section 11-401 or 11-501 of this Code, a similar |
| |||||||
| |||||||
1 | out-of-state offense, a similar provision of a local | ||||||
2 | ordinance, or a statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1 of this Code; and | ||||||
4 | (2) the prior conviction under this Section occurred | ||||||
5 | while the person's driver's license was suspended or | ||||||
6 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
7 | this Code, a similar out-of-state offense, a similar | ||||||
8 | provision of a local ordinance, or a statutory summary | ||||||
9 | suspension or revocation under Section 11-501.1 of this | ||||||
10 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
12 | offense of reckless homicide, or a violation of | ||||||
13 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
14 | Section 11-501 of this Code, relating to the offense of | ||||||
15 | aggravated driving under the influence of alcohol, other | ||||||
16 | drug or drugs, or intoxicating compound or compounds, or | ||||||
17 | any combination thereof when the violation was a proximate | ||||||
18 | cause of a death, or a similar out-of-state offense. | ||||||
19 | The court may give credit toward the fulfillment of | ||||||
20 | community service hours for participation in activities and | ||||||
21 | treatment as determined by court services. | ||||||
22 | (d-1) Except as provided in subsections (a-7), (d-2), | ||||||
23 | (d-2.5), and (d-3), any person convicted of a third or | ||||||
24 | subsequent violation of this Section shall serve a minimum | ||||||
25 | term of imprisonment of 30 days or 300 hours of community | ||||||
26 | service, as determined by the court. The court may give credit |
| |||||||
| |||||||
1 | toward the fulfillment of community service hours for | ||||||
2 | participation in activities and treatment as determined by | ||||||
3 | court services. | ||||||
4 | (d-2) Any person convicted of a third violation of this | ||||||
5 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
6 | term of imprisonment of 30 days, if: | ||||||
7 | (1) the current violation occurred when the person's | ||||||
8 | driver's license was suspended or revoked for a violation | ||||||
9 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
10 | out-of-state offense, or a similar provision of a local | ||||||
11 | ordinance, or a statutory summary suspension or revocation | ||||||
12 | under Section 11-501.1 of this Code; and | ||||||
13 | (2) the prior convictions under this Section occurred | ||||||
14 | while the person's driver's license was suspended or | ||||||
15 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
16 | this Code, a similar out-of-state offense, a similar | ||||||
17 | provision of a local ordinance, or a statutory summary | ||||||
18 | suspension or revocation under Section 11-501.1 of this | ||||||
19 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
21 | offense of reckless homicide, or a violation of | ||||||
22 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
23 | Section 11-501 of this Code, relating to the offense of | ||||||
24 | aggravated driving under the influence of alcohol, other | ||||||
25 | drug or drugs, or intoxicating compound or compounds, or | ||||||
26 | any combination thereof when the violation was a proximate |
| |||||||
| |||||||
1 | cause of a death, or a similar out-of-state offense. | ||||||
2 | (d-2.5) Any person convicted of a third violation of this | ||||||
3 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
4 | probation or conditional discharge, and must serve a mandatory | ||||||
5 | term of imprisonment, if: | ||||||
6 | (1) the current violation occurred while the person's | ||||||
7 | driver's license was suspended or revoked for a violation | ||||||
8 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
9 | Code of 2012, relating to the offense of reckless | ||||||
10 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
11 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
12 | relating to the offense of aggravated driving under the | ||||||
13 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
14 | compound or compounds, or any combination thereof when the | ||||||
15 | violation was a proximate cause of a death, or a similar | ||||||
16 | out-of-state offense. The person's driving privileges | ||||||
17 | shall be revoked for the remainder of the person's life; | ||||||
18 | and | ||||||
19 | (2) the prior convictions under this Section occurred | ||||||
20 | while the person's driver's license was suspended or | ||||||
21 | revoked for a violation of Section 9-3 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
23 | offense of reckless homicide, or a violation of | ||||||
24 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
25 | Section 11-501 of this Code, relating to the offense of | ||||||
26 | aggravated driving under the influence of alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or intoxicating compound or compounds, or | ||||||
2 | any combination thereof when the violation was a proximate | ||||||
3 | cause of a death, or a similar out-of-state offense, or | ||||||
4 | was suspended or revoked for a violation of Section 11-401 | ||||||
5 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
6 | similar provision of a local ordinance, or a statutory | ||||||
7 | summary suspension or revocation under Section 11-501.1 of | ||||||
8 | this Code. | ||||||
9 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
10 | seventh, eighth, or ninth violation of this Section is guilty | ||||||
11 | of a Class 4 felony and must serve a minimum term of | ||||||
12 | imprisonment of 180 days, if: | ||||||
13 | (1) the current violation occurred when the person's | ||||||
14 | driver's license was suspended or revoked for a violation | ||||||
15 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
16 | out-of-state offense, a similar provision of a local | ||||||
17 | ordinance, or a statutory summary suspension or revocation | ||||||
18 | under Section 11-501.1 of this Code; and | ||||||
19 | (2) the prior convictions under this Section occurred | ||||||
20 | while the person's driver's license was suspended or | ||||||
21 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
22 | this Code, a similar out-of-state offense, a similar | ||||||
23 | provision of a local ordinance, or a statutory summary | ||||||
24 | suspension or revocation under Section 11-501.1 of this | ||||||
25 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
26 | Code of 1961 or the Criminal Code of 2012, relating to the |
| |||||||
| |||||||
1 | offense of reckless homicide, or a violation of | ||||||
2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
3 | Section 11-501 of this Code, relating to the offense of | ||||||
4 | aggravated driving under the influence of alcohol, other | ||||||
5 | drug or drugs, or intoxicating compound or compounds, or | ||||||
6 | any combination thereof when the violation was a proximate | ||||||
7 | cause of a death, or a similar out-of-state offense. | ||||||
8 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
9 | violation of this Section is guilty of a Class 1 felony, is not | ||||||
10 | eligible for probation or conditional discharge, must serve a | ||||||
11 | mandatory term of imprisonment, and is eligible for an | ||||||
12 | extended term, if: | ||||||
13 | (1) the current violation occurred when the person's | ||||||
14 | driver's license was suspended or revoked for a violation | ||||||
15 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
16 | Code of 2012, relating to the offense of reckless | ||||||
17 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
18 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
19 | relating to the offense of aggravated driving under the | ||||||
20 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
21 | compound or compounds, or any combination thereof when the | ||||||
22 | violation was a proximate cause of a death, or a similar | ||||||
23 | out-of-state offense; and | ||||||
24 | (2) the prior convictions under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 9-3 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
2 | offense of reckless homicide, or a violation of | ||||||
3 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
4 | Section 11-501 of this Code, relating to the offense of | ||||||
5 | aggravated driving under the influence of alcohol, other | ||||||
6 | drug or drugs, or intoxicating compound or compounds, or | ||||||
7 | any combination thereof when the violation was a proximate | ||||||
8 | cause of a death, or a similar out-of-state offense, or | ||||||
9 | was suspended or revoked for a violation of Section 11-401 | ||||||
10 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
11 | similar provision of a local ordinance, or a statutory | ||||||
12 | summary suspension or revocation under Section 11-501.1 of | ||||||
13 | this Code. | ||||||
14 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
15 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
16 | of a Class 3 felony, and is not eligible for probation or | ||||||
17 | conditional discharge, if: | ||||||
18 | (1) the current violation occurred when the person's | ||||||
19 | driver's license was suspended or revoked for a violation | ||||||
20 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
21 | out-of-state offense, or a similar provision of a local | ||||||
22 | ordinance, or a statutory summary suspension or revocation | ||||||
23 | under Section 11-501.1 of this Code; and | ||||||
24 | (2) the prior convictions under this Section occurred | ||||||
25 | while the person's driver's license was suspended or | ||||||
26 | revoked for a violation of Section 11-401 or 11-501 of |
| |||||||
| |||||||
1 | this Code, a similar out-of-state offense, a similar | ||||||
2 | provision of a local ordinance, or a statutory suspension | ||||||
3 | or revocation under Section 11-501.1 of this Code, or for | ||||||
4 | a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
5 | the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a violation of subparagraph (F) of | ||||||
7 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
8 | Code, relating to the offense of aggravated driving under | ||||||
9 | the influence of alcohol, other drug or drugs, or | ||||||
10 | intoxicating compound or compounds, or any combination | ||||||
11 | thereof when the violation was a proximate cause of a | ||||||
12 | death, or a similar out-of-state offense. | ||||||
13 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
14 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
15 | not eligible for probation or conditional discharge, if: | ||||||
16 | (1) the current violation occurred when the person's | ||||||
17 | driver's license was suspended or revoked for a violation | ||||||
18 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
19 | out-of-state offense, or a similar provision of a local | ||||||
20 | ordinance, or a statutory summary suspension or revocation | ||||||
21 | under Section 11-501.1 of this Code; and | ||||||
22 | (2) the prior convictions under this Section occurred | ||||||
23 | while the person's driver's license was suspended or | ||||||
24 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
25 | this Code, a similar out-of-state offense, a similar | ||||||
26 | provision of a local ordinance, or a statutory summary |
| |||||||
| |||||||
1 | suspension or revocation under Section 11-501.1 of this | ||||||
2 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
4 | offense of reckless homicide, or a violation of | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
6 | Section 11-501 of this Code, relating to the offense of | ||||||
7 | aggravated driving under the influence of alcohol, other | ||||||
8 | drug or drugs, or intoxicating compound or compounds, or | ||||||
9 | any combination thereof when the violation was a proximate | ||||||
10 | cause of a death, or a similar out-of-state offense. | ||||||
11 | (e) Any person in violation of this Section who is also in | ||||||
12 | violation of Section 7-601 of this Code relating to mandatory | ||||||
13 | insurance requirements, in addition to other penalties imposed | ||||||
14 | under this Section, shall have his or her motor vehicle | ||||||
15 | immediately impounded by the arresting law enforcement | ||||||
16 | officer. The motor vehicle may be released to any licensed | ||||||
17 | driver upon a showing of proof of insurance for the vehicle | ||||||
18 | that was impounded and the notarized written consent for the | ||||||
19 | release by the vehicle owner. | ||||||
20 | (f) For any prosecution under this Section, a certified | ||||||
21 | copy of the driving abstract of the defendant shall be | ||||||
22 | admitted as proof of any prior conviction. | ||||||
23 | (g) The motor vehicle used in a violation of this Section | ||||||
24 | is subject to seizure and forfeiture as provided in Sections | ||||||
25 | 36-1 and 36-2 of the Criminal Code of 2012 if the person's | ||||||
26 | driving privilege was revoked or suspended as a result of: |
| |||||||
| |||||||
1 | (1) a violation of Section 11-501 of this Code, a | ||||||
2 | similar provision of a local ordinance, or a similar | ||||||
3 | provision of a law of another state; | ||||||
4 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
5 | this Code, a similar provision of a local ordinance, or a | ||||||
6 | similar provision of a law of another state; | ||||||
7 | (3) a statutory summary suspension or revocation under | ||||||
8 | Section 11-501.1 of this Code or a similar provision of a | ||||||
9 | law of another state; or | ||||||
10 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
12 | of reckless homicide, or a violation of subparagraph (F) | ||||||
13 | of paragraph (1) of subsection (d) of Section 11-501 of | ||||||
14 | this Code, relating to the offense of aggravated driving | ||||||
15 | under the influence of alcohol, other drug or drugs, or | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof when the violation was a proximate cause of a | ||||||
18 | death, or a similar provision of a law of another state. | ||||||
19 | (Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23 .)
| ||||||
20 | (625 ILCS 5/6-306.5-1 new) | ||||||
21 | Sec. 6-306.5-1. Failure to pay fine or penalty for | ||||||
22 | standing, parking, compliance, automated speed enforcement | ||||||
23 | system, or automated traffic law violations; suspension of | ||||||
24 | driving privileges. | ||||||
25 | (a) Upon receipt of a certified report, as prescribed by |
| |||||||
| |||||||
1 | subsection (c) of this Section, from any municipality or | ||||||
2 | county stating that the owner of a registered vehicle has | ||||||
3 | failed to pay any fine or penalty due and owing as a result of | ||||||
4 | 5 offenses for automated speed enforcement system violations | ||||||
5 | or automated traffic violations as defined in Sections | ||||||
6 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination | ||||||
7 | thereof, or is more than 14 days in default of a payment plan | ||||||
8 | pursuant to which a suspension had been terminated under | ||||||
9 | subsection (c) of this Section, the Secretary of State shall | ||||||
10 | suspend the driving privileges of such person in accordance | ||||||
11 | with the procedures set forth in this Section. The Secretary | ||||||
12 | shall also suspend the driving privileges of an owner of a | ||||||
13 | registered vehicle upon receipt of a certified report, as | ||||||
14 | prescribed by subsection (f) of this Section, from any | ||||||
15 | municipality or county stating that such person has failed to | ||||||
16 | satisfy any fines or penalties imposed by final judgments for | ||||||
17 | 5 or more automated speed enforcement system or automated | ||||||
18 | traffic law violations, or combination thereof, after | ||||||
19 | exhaustion of judicial review procedures. | ||||||
20 | (b) Following receipt of the certified report of the | ||||||
21 | municipality or county as specified in this Section, the | ||||||
22 | Secretary of State shall notify the person whose name appears | ||||||
23 | on the certified report that the person's driver's license | ||||||
24 | will be suspended at the end of a specified period of time | ||||||
25 | unless the Secretary of State is presented with a notice from | ||||||
26 | the municipality or county certifying that the fine or penalty |
| |||||||
| |||||||
1 | due and owing the municipality or county has been paid or that | ||||||
2 | inclusion of that person's name on the certified report was in | ||||||
3 | error. The Secretary's notice shall state in substance the | ||||||
4 | information contained in the municipality's or county's | ||||||
5 | certified report to the Secretary, and shall be effective as | ||||||
6 | specified by subsection (c) of Section 6-211 of this Code. | ||||||
7 | (c) The report of the appropriate municipal or county | ||||||
8 | official notifying the Secretary of State of unpaid fines or | ||||||
9 | penalties pursuant to this Section shall be certified and | ||||||
10 | shall contain the following: | ||||||
11 | (1) The name, last known address as recorded with the | ||||||
12 | Secretary of State, as provided by the lessor of the cited | ||||||
13 | vehicle at the time of lease, or as recorded in a United | ||||||
14 | States Post Office approved database if any notice sent | ||||||
15 | under Section 11-208.3 of this Code is returned as | ||||||
16 | undeliverable, and driver's license number of the person | ||||||
17 | who failed to pay the fine or penalty or who has defaulted | ||||||
18 | in a payment plan and the registration number of any | ||||||
19 | vehicle known to be registered to such person in this | ||||||
20 | State. | ||||||
21 | (2) The name of the municipality or county making the | ||||||
22 | report pursuant to this Section. | ||||||
23 | (3) A statement that the municipality or county sent a | ||||||
24 | notice of impending driver's license suspension as | ||||||
25 | prescribed by ordinance enacted pursuant to Section | ||||||
26 | 11-208.3 of this Code or a notice of default in a payment |
| |||||||
| |||||||
1 | plan, to the person named in the report at the address | ||||||
2 | recorded with the Secretary of State or at the last | ||||||
3 | address known to the lessor of the cited vehicle at the | ||||||
4 | time of lease or, if any notice sent under Section | ||||||
5 | 11-208.3 of this Code is returned as undeliverable, at the | ||||||
6 | last known address recorded in a United States Post Office | ||||||
7 | approved database; the date on which such notice was sent; | ||||||
8 | and the address to which such notice was sent. In a | ||||||
9 | municipality or county with a population of 1,000,000 or | ||||||
10 | more, the report shall also include a statement that the | ||||||
11 | alleged violator's State vehicle registration number and | ||||||
12 | vehicle make, if specified on the automated speed | ||||||
13 | enforcement system violation or automated traffic law | ||||||
14 | violation notice, are correct as they appear on the | ||||||
15 | citations. | ||||||
16 | (4) A unique identifying reference number for each | ||||||
17 | request of suspension sent whenever a person has failed to | ||||||
18 | pay the fine or penalty or has defaulted on a payment plan. | ||||||
19 | (d) Any municipality or county making a certified report | ||||||
20 | to the Secretary of State pursuant to this Section shall | ||||||
21 | notify the Secretary of State, in a form prescribed by the | ||||||
22 | Secretary, whenever a person named in the certified report has | ||||||
23 | paid the previously reported fine or penalty, whenever a | ||||||
24 | person named in the certified report has entered into a | ||||||
25 | payment plan pursuant to which the municipality or county has | ||||||
26 | agreed to terminate the suspension, or whenever the |
| |||||||
| |||||||
1 | municipality or county determines that the original report was | ||||||
2 | in error. A certified copy of such notification shall also be | ||||||
3 | given upon request and at no additional charge to the person | ||||||
4 | named therein. Upon receipt of the municipality's or county's | ||||||
5 | notification or presentation of a certified copy of such | ||||||
6 | notification, the Secretary of State shall terminate the | ||||||
7 | suspension. | ||||||
8 | (e) Any municipality or county making a certified report | ||||||
9 | to the Secretary of State pursuant to this Section shall also | ||||||
10 | by ordinance establish procedures for persons to challenge the | ||||||
11 | accuracy of the certified report. The ordinance shall also | ||||||
12 | state the grounds for such a challenge, which may be limited to | ||||||
13 | (1) the person not having been the owner or lessee of the | ||||||
14 | vehicle or vehicles receiving a combination of 5 or more | ||||||
15 | automated speed enforcement system or automated traffic law | ||||||
16 | violations on the date or dates such notices were issued; and | ||||||
17 | (2) the person having already paid the fine or penalty for the | ||||||
18 | combination of 5 or more automated speed enforcement system or | ||||||
19 | automated traffic law violations indicated on the certified | ||||||
20 | report. | ||||||
21 | (f) Any municipality or county, other than a municipality | ||||||
22 | or county establishing automated speed enforcement system | ||||||
23 | regulations under Section 11-208.8, or automated traffic law | ||||||
24 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
25 | may also cause a suspension of a person's driver's license | ||||||
26 | pursuant to this Section. Such municipality or county may |
| |||||||
| |||||||
1 | invoke this sanction by making a certified report to the | ||||||
2 | Secretary of State upon a person's failure to satisfy any fine | ||||||
3 | or penalty imposed by final judgment for a combination of 5 or | ||||||
4 | more automated speed enforcement system or automated traffic | ||||||
5 | law violations after exhaustion of judicial review procedures, | ||||||
6 | but only if: | ||||||
7 | (1) the municipality or county complies with the | ||||||
8 | provisions of this Section in all respects except in | ||||||
9 | regard to enacting an ordinance pursuant to Section | ||||||
10 | 11-208.3; | ||||||
11 | (2) the municipality or county has sent a notice of | ||||||
12 | impending driver's license suspension as prescribed by an | ||||||
13 | ordinance enacted pursuant to subsection (g) of this | ||||||
14 | Section; and | ||||||
15 | (3) in municipalities or counties with a population of | ||||||
16 | 1,000,000 or more, the municipality or county has verified | ||||||
17 | that the alleged violator's State vehicle registration | ||||||
18 | number and vehicle make are correct as they appear on the | ||||||
19 | citations. | ||||||
20 | (g) Any municipality or county, other than a municipality | ||||||
21 | or county establishing automated speed enforcement system | ||||||
22 | regulations under Section 11-208.8, or automated traffic law | ||||||
23 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
24 | may provide by ordinance for the sending of a notice of | ||||||
25 | impending driver's license suspension to the person who has | ||||||
26 | failed to satisfy any fine or penalty imposed by final |
| |||||||
| |||||||
1 | judgment for a combination of 5 or more automated speed | ||||||
2 | enforcement system or automated traffic law violations after | ||||||
3 | exhaustion of judicial review procedures. An ordinance so | ||||||
4 | providing shall specify that the notice sent to the person | ||||||
5 | liable for any fine or penalty shall state that failure to pay | ||||||
6 | the fine or penalty owing within 45 days of the notice's date | ||||||
7 | will result in the municipality or county notifying the | ||||||
8 | Secretary of State that the person's driver's license is | ||||||
9 | eligible for suspension pursuant to this Section. The notice | ||||||
10 | of impending driver's license suspension shall be sent by | ||||||
11 | first class United States mail, postage prepaid, to the | ||||||
12 | address recorded with the Secretary of State or at the last | ||||||
13 | address known to the lessor of the cited vehicle at the time of | ||||||
14 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
15 | Code is returned as undeliverable, to the last known address | ||||||
16 | recorded in a United States Post Office approved database. | ||||||
17 | (h) An administrative hearing to contest an impending | ||||||
18 | suspension or a suspension made pursuant to this Section may | ||||||
19 | be had upon filing a written request with the Secretary of | ||||||
20 | State. The filing fee for this hearing shall be $20, to be paid | ||||||
21 | at the time the request is made. A municipality or county which | ||||||
22 | files a certified report with the Secretary of State pursuant | ||||||
23 | to this Section shall reimburse the Secretary for all | ||||||
24 | reasonable costs incurred by the Secretary as a result of the | ||||||
25 | filing of the report, including, but not limited to, the costs | ||||||
26 | of providing the notice required pursuant to subsection (b) |
| |||||||
| |||||||
1 | and the costs incurred by the Secretary in any hearing | ||||||
2 | conducted with respect to the report pursuant to this | ||||||
3 | subsection and any appeal from such a hearing. | ||||||
4 | (i) The provisions of this Section shall apply on and | ||||||
5 | after January 1, 1988. | ||||||
6 | (j) For purposes of this Section, the term "compliance | ||||||
7 | violation" is defined as in Section 11-208.3.
| ||||||
8 | (625 ILCS 5/6-306.9 new) | ||||||
9 | Sec. 6-306.9. Failure to pay traffic fines, penalties, or | ||||||
10 | court costs. | ||||||
11 | (a) Whenever any resident of this State fails to pay any | ||||||
12 | traffic fine, penalty, or cost imposed for a violation of this | ||||||
13 | Code, or similar provision of local ordinance, the clerk may | ||||||
14 | notify the Secretary of State, on a report prescribed by the | ||||||
15 | Secretary, and the Secretary shall prohibit the renewal, | ||||||
16 | reissue or reinstatement of such resident's driving privileges | ||||||
17 | until such fine, penalty, or cost has been paid in full. The | ||||||
18 | clerk shall provide notice to the driver, at the driver's last | ||||||
19 | known address as shown on the court's records, stating that | ||||||
20 | such action will be effective on the 46th day following the | ||||||
21 | date of the above notice if payment is not received in full by | ||||||
22 | the court of venue. | ||||||
23 | (a-1) Whenever any resident of this State who has made a | ||||||
24 | partial payment on any traffic fine, penalty, or cost that was | ||||||
25 | imposed under a conviction entered on or after January 1, 2005 |
| |||||||
| |||||||
1 | (the effective date of Public Act 93-788), for a violation of | ||||||
2 | this Code or a similar provision of a local ordinance, fails to | ||||||
3 | pay the remainder of the outstanding fine, penalty, or cost | ||||||
4 | within the time limit set by the court, the clerk may notify | ||||||
5 | the Secretary of State, on a report prescribed by the | ||||||
6 | Secretary, and the Secretary shall prohibit the renewal, | ||||||
7 | reissue, or reinstatement of the resident's driving privileges | ||||||
8 | until the fine, penalty, or cost has been paid in full. The | ||||||
9 | clerk shall provide notice to the driver, at the driver's last | ||||||
10 | known address as shown on the court's records, stating that | ||||||
11 | the action will be effective on the 46th day following the date | ||||||
12 | of the notice if payment is not received in full by the court | ||||||
13 | of venue. | ||||||
14 | (b) Except as provided in subsection (b-1), following | ||||||
15 | receipt of the report from the clerk, the Secretary of State | ||||||
16 | shall make the proper notation to the driver's file to | ||||||
17 | prohibit the renewal, reissue or reinstatement of such | ||||||
18 | driver's driving privileges. Except as provided in paragraph | ||||||
19 | (2) of subsection (d) of this Section, such notation shall not | ||||||
20 | be removed from the driver's record until the driver satisfies | ||||||
21 | the outstanding fine, penalty, or cost and an appropriate | ||||||
22 | notice on a form prescribed by the Secretary is received by the | ||||||
23 | Secretary from the court of venue, stating that such fine, | ||||||
24 | penalty, or cost has been paid in full. Upon payment in full of | ||||||
25 | a traffic fine, penalty, or court cost which has previously | ||||||
26 | been reported under this Section as unpaid, the clerk of the |
| |||||||
| |||||||
1 | court shall present the driver with a signed receipt | ||||||
2 | containing the seal of the court indicating that such fine, | ||||||
3 | penalty, or cost has been paid in full, and shall forward | ||||||
4 | forthwith to the Secretary of State a notice stating that the | ||||||
5 | fine, penalty, or cost has been paid in full. | ||||||
6 | (b-1) In a county with a population of 3,000,000 or more, | ||||||
7 | following receipt of the report from the clerk, the Secretary | ||||||
8 | of State shall make the proper notation to the driver's file to | ||||||
9 | prohibit the renewal, reissue or reinstatement of such | ||||||
10 | driver's driving privileges. Such notation shall not be | ||||||
11 | removed from the driver's record until the driver satisfies | ||||||
12 | the outstanding fine, penalty, or cost and an appropriate | ||||||
13 | notice on a form prescribed by the Secretary is received by the | ||||||
14 | Secretary directly from the court of venue, stating that such | ||||||
15 | fine, penalty, or cost has been paid in full. Upon payment in | ||||||
16 | full of a traffic fine, penalty, or court cost which has | ||||||
17 | previously been reported under this Section as unpaid, the | ||||||
18 | clerk of the court shall forward forthwith directly to the | ||||||
19 | Secretary of State a notice stating that the fine, penalty, or | ||||||
20 | cost has been paid in full and shall provide the driver with a | ||||||
21 | signed receipt containing the seal of the court, indicating | ||||||
22 | that the fine, penalty, and cost have been paid in full. The | ||||||
23 | receipt may not be used by the driver to clear the driver's | ||||||
24 | record. | ||||||
25 | (c) The provisions of this Section shall be limited to a | ||||||
26 | single action per arrest and as a post conviction measure |
| |||||||
| |||||||
1 | only. Fines, penalty, or costs to be collected subsequent to | ||||||
2 | orders of court supervision, or other available court | ||||||
3 | diversions are not applicable to this Section. | ||||||
4 | (d)(1) Notwithstanding the receipt of a report from the | ||||||
5 | clerk as prescribed in subsections (a) and (e), nothing in | ||||||
6 | this Section is intended to place any responsibility upon the | ||||||
7 | Secretary of State to provide independent notice to the driver | ||||||
8 | of any potential action to disallow the renewal, reissue or | ||||||
9 | reinstatement of such driver's driving privileges. | ||||||
10 | (2) Except as provided in subsection (b-1), the Secretary | ||||||
11 | of State shall renew, reissue or reinstate a driver's driving | ||||||
12 | privileges which were previously refused pursuant to this | ||||||
13 | Section upon presentation of an original receipt which is | ||||||
14 | signed by the clerk of the court and contains the seal of the | ||||||
15 | court indicating that the fine, penalty, or cost has been paid | ||||||
16 | in full. The Secretary of State shall retain such receipt for | ||||||
17 | his records. | ||||||
18 | (e) Upon receipt of notification from another state that | ||||||
19 | is a member of the Nonresident Violator Compact of 1977, | ||||||
20 | stating a resident of this State failed to pay a traffic fine, | ||||||
21 | penalty, or cost imposed for a violation that occurs in | ||||||
22 | another state, the Secretary shall make the proper notation to | ||||||
23 | the driver's license file to prohibit the renewal, reissue, or | ||||||
24 | reinstatement of the resident's driving privileges until the | ||||||
25 | fine, penalty, or cost has been paid in full. The Secretary of | ||||||
26 | State shall renew, reissue, or reinstate the driver's driving |
| |||||||
| |||||||
1 | privileges that were previously refused under this Section | ||||||
2 | upon receipt of notification from the other state that | ||||||
3 | indicates that the fine, penalty, or cost has been paid in | ||||||
4 | full. The Secretary of State shall retain the out-of-state | ||||||
5 | receipt for his or her records.
| ||||||
6 | Section 205. The Snowmobile Registration and Safety Act is | ||||||
7 | amended by changing Section 5-7 as follows:
| ||||||
8 | (625 ILCS 40/5-7) | ||||||
9 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
10 | of alcohol or other drug or drugs, intoxicating compound or | ||||||
11 | compounds, or a combination of them; criminal penalties; | ||||||
12 | suspension of operating privileges. | ||||||
13 | (a) A person may not operate or be in actual physical | ||||||
14 | control of a snowmobile within this State while: | ||||||
15 | 1. The alcohol concentration in that person's blood, | ||||||
16 | other bodily substance, or breath is a concentration at | ||||||
17 | which driving a motor vehicle is prohibited under | ||||||
18 | subdivision (1) of subsection (a) of Section 11-501 of the | ||||||
19 | Illinois Vehicle Code; | ||||||
20 | 2. The person is under the influence of alcohol; | ||||||
21 | 3. The person is under the influence of any other drug | ||||||
22 | or combination of drugs to a degree that renders that | ||||||
23 | person incapable of safely operating a snowmobile; | ||||||
24 | 3.1. The person is under the influence of any |
| |||||||
| |||||||
1 | intoxicating compound or combination of intoxicating | ||||||
2 | compounds to a degree that renders the person incapable of | ||||||
3 | safely operating a snowmobile; | ||||||
4 | 4. The person is under the combined influence of | ||||||
5 | alcohol and any other drug or drugs or intoxicating | ||||||
6 | compound or compounds to a degree that renders that person | ||||||
7 | incapable of safely operating a snowmobile; | ||||||
8 | 4.3. The person who is not a CDL holder has a | ||||||
9 | tetrahydrocannabinol concentration in the person's whole | ||||||
10 | blood or other bodily substance at which driving a motor | ||||||
11 | vehicle is prohibited under subdivision (7) of subsection | ||||||
12 | (a) of Section 11-501 of the Illinois Vehicle Code; | ||||||
13 | 4.5. The person who is a CDL holder has any amount of a | ||||||
14 | drug, substance, or compound in the person's breath, | ||||||
15 | blood, other bodily substance, or urine resulting from the | ||||||
16 | unlawful use or consumption of cannabis listed in the | ||||||
17 | Cannabis Control Act; or | ||||||
18 | 5. There is any amount of a drug, substance, or | ||||||
19 | compound in that person's breath, blood, other bodily | ||||||
20 | substance, or urine resulting from the unlawful use or | ||||||
21 | consumption of a controlled substance listed in the | ||||||
22 | Illinois Controlled Substances Act, methamphetamine as | ||||||
23 | listed in the Methamphetamine Control and Community | ||||||
24 | Protection Act, or intoxicating compound listed in the use | ||||||
25 | of Intoxicating Compounds Act. | ||||||
26 | (b) The fact that a person charged with violating this |
| |||||||
| |||||||
1 | Section is or has been legally entitled to use alcohol, other | ||||||
2 | drug or drugs, any intoxicating compound or compounds, or any | ||||||
3 | combination of them does not constitute a defense against a | ||||||
4 | charge of violating this Section. | ||||||
5 | (c) Every person convicted of violating this Section or a | ||||||
6 | similar provision of a local ordinance is guilty of a Class A | ||||||
7 | misdemeanor, except as otherwise provided in this Section. | ||||||
8 | (c-1) As used in this Section, "first time offender" means | ||||||
9 | any person who has not had a previous conviction or been | ||||||
10 | assigned supervision for violating this Section or a similar | ||||||
11 | provision of a local ordinance, or any person who has not had a | ||||||
12 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
13 | (c-2) For purposes of this Section, the following are | ||||||
14 | equivalent to a conviction: | ||||||
15 | (1) a forfeiture of bail or collateral deposited to | ||||||
16 | secure a defendant's appearance in court when forfeiture | ||||||
17 | has not been vacated an unvacated revocation of pretrial | ||||||
18 | release ; or | ||||||
19 | (2) the failure of a defendant to appear for trial. | ||||||
20 | (d) Every person convicted of violating this Section is | ||||||
21 | guilty of a Class 4 felony if: | ||||||
22 | 1. The person has a previous conviction under this | ||||||
23 | Section; | ||||||
24 | 2. The offense results in personal injury where a | ||||||
25 | person other than the operator suffers great bodily harm | ||||||
26 | or permanent disability or disfigurement, when the |
| |||||||
| |||||||
1 | violation was a proximate cause of the injuries. A person | ||||||
2 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
3 | sentenced to a term of imprisonment, shall be sentenced to | ||||||
4 | not less than one year nor more than 12 years; or | ||||||
5 | 3. The offense occurred during a period in which the | ||||||
6 | person's privileges to operate a snowmobile are revoked or | ||||||
7 | suspended, and the revocation or suspension was for a | ||||||
8 | violation of this Section or was imposed under Section | ||||||
9 | 5-7.1. | ||||||
10 | (e) Every person convicted of violating this Section is | ||||||
11 | guilty of a Class 2 felony if the offense results in the death | ||||||
12 | of a person. A person guilty of a Class 2 felony under this | ||||||
13 | subsection (e), if sentenced to a term of imprisonment, shall | ||||||
14 | be sentenced to a term of not less than 3 years and not more | ||||||
15 | than 14 years. | ||||||
16 | (e-1) Every person convicted of violating this Section or | ||||||
17 | a similar provision of a local ordinance who had a child under | ||||||
18 | the age of 16 on board the snowmobile at the time of offense | ||||||
19 | shall be subject to a mandatory minimum fine of $500 and shall | ||||||
20 | be subject to a mandatory minimum of 5 days of community | ||||||
21 | service in a program benefiting children. The assignment under | ||||||
22 | this subsection shall not be subject to suspension nor shall | ||||||
23 | the person be eligible for probation in order to reduce the | ||||||
24 | assignment. | ||||||
25 | (e-2) Every person found guilty of violating this Section, | ||||||
26 | whose operation of a snowmobile while in violation of this |
| |||||||
| |||||||
1 | Section proximately caused any incident resulting in an | ||||||
2 | appropriate emergency response, shall be liable for the | ||||||
3 | expense of an emergency response as provided in subsection (i) | ||||||
4 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
5 | (e-3) In addition to any other penalties and liabilities, | ||||||
6 | a person who is found guilty of violating this Section, | ||||||
7 | including any person placed on court supervision, shall be | ||||||
8 | fined $100, payable to the circuit clerk, who shall distribute | ||||||
9 | the money to the law enforcement agency that made the arrest or | ||||||
10 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
11 | and Traffic Assessment Act if the arresting agency is a State | ||||||
12 | agency, unless more than one agency is responsible for the | ||||||
13 | arrest, in which case the amount shall be remitted to each unit | ||||||
14 | of government equally. Any moneys received by a law | ||||||
15 | enforcement agency under this subsection (e-3) shall be used | ||||||
16 | to purchase law enforcement equipment or to provide law | ||||||
17 | enforcement training that will assist in the prevention of | ||||||
18 | alcohol related criminal violence throughout the State. Law | ||||||
19 | enforcement equipment shall include, but is not limited to, | ||||||
20 | in-car video cameras, radar and laser speed detection devices, | ||||||
21 | and alcohol breath testers. | ||||||
22 | (f) In addition to any criminal penalties imposed, the | ||||||
23 | Department of Natural Resources shall suspend the snowmobile | ||||||
24 | operation privileges of a person convicted or found guilty of | ||||||
25 | a misdemeanor under this Section for a period of one year, | ||||||
26 | except that first-time offenders are exempt from this |
| |||||||
| |||||||
1 | mandatory one-year suspension. | ||||||
2 | (g) In addition to any criminal penalties imposed, the | ||||||
3 | Department of Natural Resources shall suspend for a period of | ||||||
4 | 5 years the snowmobile operation privileges of any person | ||||||
5 | convicted or found guilty of a felony under this Section. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; | ||||||
7 | 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
| ||||||
8 | Section 210. The Clerks of Courts Act is amended by | ||||||
9 | changing Section 27.3b as follows:
| ||||||
10 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b) | ||||||
11 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
12 | fines, penalties, or costs by certified check, credit card, or | ||||||
13 | debit card approved by the clerk from an offender who has been | ||||||
14 | convicted of or placed on court supervision for a traffic | ||||||
15 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
16 | who has been convicted of a felony offense. The clerk of the | ||||||
17 | circuit court shall accept credit card payments over the | ||||||
18 | Internet for fines, penalties, court costs, or costs from | ||||||
19 | offenders on voluntary electronic pleas of guilty in minor | ||||||
20 | traffic and conservation offenses to satisfy the requirement | ||||||
21 | of written pleas of guilty as provided in Illinois Supreme | ||||||
22 | Court Rule 529. The clerk of the court may also accept payment | ||||||
23 | of statutory fees by a credit card or debit card. The clerk of | ||||||
24 | the court may also accept the credit card or debit card for the |
| |||||||
| |||||||
1 | cash deposit of bail bond fees. | ||||||
2 | The clerk of the circuit court is authorized to enter into | ||||||
3 | contracts with credit card or debit card companies approved by | ||||||
4 | the clerk and to negotiate the payment of convenience and | ||||||
5 | administrative fees normally charged by those companies for | ||||||
6 | allowing the clerk of the circuit court to accept their credit | ||||||
7 | cards or debit cards in payment as authorized herein. The | ||||||
8 | clerk of the circuit court is authorized to enter into | ||||||
9 | contracts with third party fund guarantors, facilitators, and | ||||||
10 | service providers under which those entities may contract | ||||||
11 | directly with customers of the clerk of the circuit court and | ||||||
12 | guarantee and remit the payments to the clerk of the circuit | ||||||
13 | court. Where the offender pays fines, penalties, or costs by | ||||||
14 | credit card or debit card or through a third party fund | ||||||
15 | guarantor, facilitator, or service provider, or anyone paying | ||||||
16 | statutory fees of the circuit court clerk or the posting of | ||||||
17 | cash bail , the clerk shall collect a service fee of up to $5 or | ||||||
18 | the amount charged to the clerk for use of its services by the | ||||||
19 | credit card or debit card issuer, third party fund guarantor, | ||||||
20 | facilitator, or service provider. This service fee shall be in | ||||||
21 | addition to any other fines, penalties, or costs. The clerk of | ||||||
22 | the circuit court is authorized to negotiate the assessment of | ||||||
23 | convenience and administrative fees by the third party fund | ||||||
24 | guarantors, facilitators, and service providers with the | ||||||
25 | revenue earned by the clerk of the circuit court to be remitted | ||||||
26 | to the county general revenue fund. |
| |||||||
| |||||||
1 | As used in this Section, "certified check" has the meaning | ||||||
2 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
3 | (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22 .)
| ||||||
4 | Section 215. The Attorney Act is amended by changing | ||||||
5 | Section 9 as follows:
| ||||||
6 | (705 ILCS 205/9) (from Ch. 13, par. 9) | ||||||
7 | Sec. 9. All attorneys and counselors at law, judges, | ||||||
8 | clerks and sheriffs, and all other officers of the several | ||||||
9 | courts within this state, shall be liable to be arrested and | ||||||
10 | held to bail terms of pretrial release , and shall be subject to | ||||||
11 | the same legal process, and may in all respects be prosecuted | ||||||
12 | and proceeded against in the same courts and in the same manner | ||||||
13 | as other persons are, any law, usage or custom to the contrary | ||||||
14 | notwithstanding: Provided, nevertheless, said judges, | ||||||
15 | counselors or attorneys, clerks, sheriffs and other officers | ||||||
16 | of said courts, shall be privileged from arrest while | ||||||
17 | attending courts, and whilst going to and returning from | ||||||
18 | court. | ||||||
19 | (Source: R.S. 1874, p. 169; P.A. 101-652, eff. 1-1-23 .)
| ||||||
20 | Section 220. The Juvenile Court Act of 1987 is amended by | ||||||
21 | changing Sections 1-7, 1-8, and 5-150 as follows:
| ||||||
22 | (705 ILCS 405/1-7) |
| |||||||
| |||||||
1 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
2 | municipal ordinance violation records. | ||||||
3 | (A) All juvenile law enforcement records which have not | ||||||
4 | been expunged are confidential and may never be disclosed to | ||||||
5 | the general public or otherwise made widely available. | ||||||
6 | Juvenile law enforcement records may be obtained only under | ||||||
7 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
8 | Act, when their use is needed for good cause and with an order | ||||||
9 | from the juvenile court, as required by those not authorized | ||||||
10 | to retain them. Inspection, copying, and disclosure of | ||||||
11 | juvenile law enforcement records maintained by law enforcement | ||||||
12 | agencies or records of municipal ordinance violations | ||||||
13 | maintained by any State, local, or municipal agency that | ||||||
14 | relate to a minor who has been investigated, arrested, or | ||||||
15 | taken into custody before the minor's 18th birthday shall be | ||||||
16 | restricted to the following: | ||||||
17 | (0.05) The minor who is the subject of the juvenile | ||||||
18 | law enforcement record, the minor's parents, guardian, and | ||||||
19 | counsel. | ||||||
20 | (0.10) Judges of the circuit court and members of the | ||||||
21 | staff of the court designated by the judge. | ||||||
22 | (0.15) An administrative adjudication hearing officer | ||||||
23 | or members of the staff designated to assist in the | ||||||
24 | administrative adjudication process. | ||||||
25 | (1) Any local, State, or federal law enforcement | ||||||
26 | officers or designated law enforcement staff of any |
| |||||||
| |||||||
1 | jurisdiction or agency when necessary for the discharge of | ||||||
2 | their official duties during the investigation or | ||||||
3 | prosecution of a crime or relating to a minor who has been | ||||||
4 | adjudicated delinquent and there has been a previous | ||||||
5 | finding that the act which constitutes the previous | ||||||
6 | offense was committed in furtherance of criminal | ||||||
7 | activities by a criminal street gang, or, when necessary | ||||||
8 | for the discharge of its official duties in connection | ||||||
9 | with a particular investigation of the conduct of a law | ||||||
10 | enforcement officer, an independent agency or its staff | ||||||
11 | created by ordinance and charged by a unit of local | ||||||
12 | government with the duty of investigating the conduct of | ||||||
13 | law enforcement officers. For purposes of this Section, | ||||||
14 | "criminal street gang" has the meaning ascribed to it in | ||||||
15 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
16 | Prevention Act. | ||||||
17 | (2) Prosecutors, public defenders, probation officers, | ||||||
18 | social workers, or other individuals assigned by the court | ||||||
19 | to conduct a pre-adjudication or pre-disposition | ||||||
20 | investigation, and individuals responsible for supervising | ||||||
21 | or providing temporary or permanent care and custody for | ||||||
22 | minors under the order of the juvenile court, when | ||||||
23 | essential to performing their responsibilities. | ||||||
24 | (3) Federal, State, or local prosecutors, public | ||||||
25 | defenders, probation officers, and designated staff: | ||||||
26 | (a) in the course of a trial when institution of |
| |||||||
| |||||||
1 | criminal proceedings has been permitted or required | ||||||
2 | under Section 5-805; | ||||||
3 | (b) when institution of criminal proceedings has | ||||||
4 | been permitted or required under Section 5-805 and the | ||||||
5 | minor is the subject of a proceeding to determine the | ||||||
6 | amount of bail conditions of pretrial release ; | ||||||
7 | (c) when criminal proceedings have been permitted | ||||||
8 | or required under Section 5-805 and the minor is the | ||||||
9 | subject of a pre-trial investigation, pre-sentence | ||||||
10 | investigation, fitness hearing, or proceedings on an | ||||||
11 | application for probation; or | ||||||
12 | (d) in the course of prosecution or administrative | ||||||
13 | adjudication of a violation of a traffic, boating, or | ||||||
14 | fish and game law, or a county or municipal ordinance. | ||||||
15 | (4) Adult and Juvenile Prisoner Review Board. | ||||||
16 | (5) Authorized military personnel. | ||||||
17 | (5.5) Employees of the federal government authorized | ||||||
18 | by law. | ||||||
19 | (6) Persons engaged in bona fide research, with the | ||||||
20 | permission of the Presiding Judge and the chief executive | ||||||
21 | of the respective law enforcement agency; provided that | ||||||
22 | publication of such research results in no disclosure of a | ||||||
23 | minor's identity and protects the confidentiality of the | ||||||
24 | minor's record. | ||||||
25 | (7) Department of Children and Family Services child | ||||||
26 | protection investigators acting in their official |
| |||||||
| |||||||
1 | capacity. | ||||||
2 | (8) The appropriate school official only if the agency | ||||||
3 | or officer believes that there is an imminent threat of | ||||||
4 | physical harm to students, school personnel, or others. | ||||||
5 | (A) Inspection and copying shall be limited to | ||||||
6 | juvenile law enforcement records transmitted to the | ||||||
7 | appropriate school official or officials whom the | ||||||
8 | school has determined to have a legitimate educational | ||||||
9 | or safety interest by a local law enforcement agency | ||||||
10 | under a reciprocal reporting system established and | ||||||
11 | maintained between the school district and the local | ||||||
12 | law enforcement agency under Section 10-20.14 of the | ||||||
13 | School Code concerning a minor enrolled in a school | ||||||
14 | within the school district who has been arrested or | ||||||
15 | taken into custody for any of the following offenses: | ||||||
16 | (i) any violation of Article 24 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012; | ||||||
19 | (ii) a violation of the Illinois Controlled | ||||||
20 | Substances Act; | ||||||
21 | (iii) a violation of the Cannabis Control Act; | ||||||
22 | (iv) a forcible felony as defined in Section | ||||||
23 | 2-8 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012; | ||||||
25 | (v) a violation of the Methamphetamine Control | ||||||
26 | and Community Protection Act; |
| |||||||
| |||||||
1 | (vi) a violation of Section 1-2 of the | ||||||
2 | Harassing and Obscene Communications Act; | ||||||
3 | (vii) a violation of the Hazing Act; or | ||||||
4 | (viii) a violation of Section 12-1, 12-2, | ||||||
5 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
6 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012. | ||||||
9 | The information derived from the juvenile law | ||||||
10 | enforcement records shall be kept separate from and | ||||||
11 | shall not become a part of the official school record | ||||||
12 | of that child and shall not be a public record. The | ||||||
13 | information shall be used solely by the appropriate | ||||||
14 | school official or officials whom the school has | ||||||
15 | determined to have a legitimate educational or safety | ||||||
16 | interest to aid in the proper rehabilitation of the | ||||||
17 | child and to protect the safety of students and | ||||||
18 | employees in the school. If the designated law | ||||||
19 | enforcement and school officials deem it to be in the | ||||||
20 | best interest of the minor, the student may be | ||||||
21 | referred to in-school or community-based social | ||||||
22 | services if those services are available. | ||||||
23 | "Rehabilitation services" may include interventions by | ||||||
24 | school support personnel, evaluation for eligibility | ||||||
25 | for special education, referrals to community-based | ||||||
26 | agencies such as youth services, behavioral healthcare |
| |||||||
| |||||||
1 | service providers, drug and alcohol prevention or | ||||||
2 | treatment programs, and other interventions as deemed | ||||||
3 | appropriate for the student. | ||||||
4 | (B) Any information provided to appropriate school | ||||||
5 | officials whom the school has determined to have a | ||||||
6 | legitimate educational or safety interest by local law | ||||||
7 | enforcement officials about a minor who is the subject | ||||||
8 | of a current police investigation that is directly | ||||||
9 | related to school safety shall consist of oral | ||||||
10 | information only, and not written juvenile law | ||||||
11 | enforcement records, and shall be used solely by the | ||||||
12 | appropriate school official or officials to protect | ||||||
13 | the safety of students and employees in the school and | ||||||
14 | aid in the proper rehabilitation of the child. The | ||||||
15 | information derived orally from the local law | ||||||
16 | enforcement officials shall be kept separate from and | ||||||
17 | shall not become a part of the official school record | ||||||
18 | of the child and shall not be a public record. This | ||||||
19 | limitation on the use of information about a minor who | ||||||
20 | is the subject of a current police investigation shall | ||||||
21 | in no way limit the use of this information by | ||||||
22 | prosecutors in pursuing criminal charges arising out | ||||||
23 | of the information disclosed during a police | ||||||
24 | investigation of the minor. For purposes of this | ||||||
25 | paragraph, "investigation" means an official | ||||||
26 | systematic inquiry by a law enforcement agency into |
| |||||||
| |||||||
1 | actual or suspected criminal activity. | ||||||
2 | (9) Mental health professionals on behalf of the | ||||||
3 | Department of Corrections or the Department of Human | ||||||
4 | Services or prosecutors who are evaluating, prosecuting, | ||||||
5 | or investigating a potential or actual petition brought | ||||||
6 | under the Sexually Violent Persons Commitment Act relating | ||||||
7 | to a person who is the subject of juvenile law enforcement | ||||||
8 | records or the respondent to a petition brought under the | ||||||
9 | Sexually Violent Persons Commitment Act who is the subject | ||||||
10 | of the juvenile law enforcement records sought. Any | ||||||
11 | juvenile law enforcement records and any information | ||||||
12 | obtained from those juvenile law enforcement records under | ||||||
13 | this paragraph (9) may be used only in sexually violent | ||||||
14 | persons commitment proceedings. | ||||||
15 | (10) The president of a park district. Inspection and | ||||||
16 | copying shall be limited to juvenile law enforcement | ||||||
17 | records transmitted to the president of the park district | ||||||
18 | by the Illinois State Police under Section 8-23 of the | ||||||
19 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
20 | District Act concerning a person who is seeking employment | ||||||
21 | with that park district and who has been adjudicated a | ||||||
22 | juvenile delinquent for any of the offenses listed in | ||||||
23 | subsection (c) of Section 8-23 of the Park District Code | ||||||
24 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
25 | District Act. | ||||||
26 | (11) Persons managing and designated to participate in |
| |||||||
| |||||||
1 | a court diversion program as designated in subsection (6) | ||||||
2 | of Section 5-105. | ||||||
3 | (12) The Public Access Counselor of the Office of the | ||||||
4 | Attorney General, when reviewing juvenile law enforcement | ||||||
5 | records under its powers and duties under the Freedom of | ||||||
6 | Information Act. | ||||||
7 | (13) Collection agencies, contracted or otherwise | ||||||
8 | engaged by a governmental entity, to collect any debts due | ||||||
9 | and owing to the governmental entity. | ||||||
10 | (B)(1) Except as provided in paragraph (2), no law | ||||||
11 | enforcement officer or other person or agency may knowingly | ||||||
12 | transmit to the Department of Corrections, the Illinois State | ||||||
13 | Police, or the Federal Bureau of Investigation any fingerprint | ||||||
14 | or photograph relating to a minor who has been arrested or | ||||||
15 | taken into custody before the minor's 18th birthday, unless | ||||||
16 | the court in proceedings under this Act authorizes the | ||||||
17 | transmission or enters an order under Section 5-805 permitting | ||||||
18 | or requiring the institution of criminal proceedings. | ||||||
19 | (2) Law enforcement officers or other persons or agencies | ||||||
20 | shall transmit to the Illinois State Police copies of | ||||||
21 | fingerprints and descriptions of all minors who have been | ||||||
22 | arrested or taken into custody before their 18th birthday for | ||||||
23 | the offense of unlawful use of weapons under Article 24 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
25 | or Class 1 felony, a forcible felony as defined in Section 2-8 | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a |
| |||||||
| |||||||
1 | Class 2 or greater felony under the Cannabis Control Act, the | ||||||
2 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
3 | Control and Community Protection Act, or Chapter 4 of the | ||||||
4 | Illinois Vehicle Code, pursuant to Section 5 of the Criminal | ||||||
5 | Identification Act. Information reported to the Department | ||||||
6 | pursuant to this Section may be maintained with records that | ||||||
7 | the Department files pursuant to Section 2.1 of the Criminal | ||||||
8 | Identification Act. Nothing in this Act prohibits a law | ||||||
9 | enforcement agency from fingerprinting a minor taken into | ||||||
10 | custody or arrested before the minor's 18th birthday for an | ||||||
11 | offense other than those listed in this paragraph (2). | ||||||
12 | (C) The records of law enforcement officers, or of an | ||||||
13 | independent agency created by ordinance and charged by a unit | ||||||
14 | of local government with the duty of investigating the conduct | ||||||
15 | of law enforcement officers, concerning all minors under 18 | ||||||
16 | years of age must be maintained separate from the records of | ||||||
17 | arrests and may not be open to public inspection or their | ||||||
18 | contents disclosed to the public. For purposes of obtaining | ||||||
19 | documents under this Section, a civil subpoena is not an order | ||||||
20 | of the court. | ||||||
21 | (1) In cases where the law enforcement, or independent | ||||||
22 | agency, records concern a pending juvenile court case, the | ||||||
23 | party seeking to inspect the records shall provide actual | ||||||
24 | notice to the attorney or guardian ad litem of the minor | ||||||
25 | whose records are sought. | ||||||
26 | (2) In cases where the records concern a juvenile |
| |||||||
| |||||||
1 | court case that is no longer pending, the party seeking to | ||||||
2 | inspect the records shall provide actual notice to the | ||||||
3 | minor or the minor's parent or legal guardian, and the | ||||||
4 | matter shall be referred to the chief judge presiding over | ||||||
5 | matters pursuant to this Act. | ||||||
6 | (3) In determining whether the records should be | ||||||
7 | available for inspection, the court shall consider the | ||||||
8 | minor's interest in confidentiality and rehabilitation | ||||||
9 | over the moving party's interest in obtaining the | ||||||
10 | information. Any records obtained in violation of this | ||||||
11 | subsection (C) shall not be admissible in any criminal or | ||||||
12 | civil proceeding, or operate to disqualify a minor from | ||||||
13 | subsequently holding public office or securing employment, | ||||||
14 | or operate as a forfeiture of any public benefit, right, | ||||||
15 | privilege, or right to receive any license granted by | ||||||
16 | public authority. | ||||||
17 | (D) Nothing contained in subsection (C) of this Section | ||||||
18 | shall prohibit the inspection or disclosure to victims and | ||||||
19 | witnesses of photographs contained in the records of law | ||||||
20 | enforcement agencies when the inspection and disclosure is | ||||||
21 | conducted in the presence of a law enforcement officer for the | ||||||
22 | purpose of the identification or apprehension of any person | ||||||
23 | subject to the provisions of this Act or for the investigation | ||||||
24 | or prosecution of any crime. | ||||||
25 | (E) Law enforcement officers, and personnel of an | ||||||
26 | independent agency created by ordinance and charged by a unit |
| |||||||
| |||||||
1 | of local government with the duty of investigating the conduct | ||||||
2 | of law enforcement officers, may not disclose the identity of | ||||||
3 | any minor in releasing information to the general public as to | ||||||
4 | the arrest, investigation or disposition of any case involving | ||||||
5 | a minor. | ||||||
6 | (F) Nothing contained in this Section shall prohibit law | ||||||
7 | enforcement agencies from communicating with each other by | ||||||
8 | letter, memorandum, teletype, or intelligence alert bulletin | ||||||
9 | or other means the identity or other relevant information | ||||||
10 | pertaining to a person under 18 years of age if there are | ||||||
11 | reasonable grounds to believe that the person poses a real and | ||||||
12 | present danger to the safety of the public or law enforcement | ||||||
13 | officers. The information provided under this subsection (F) | ||||||
14 | shall remain confidential and shall not be publicly disclosed, | ||||||
15 | except as otherwise allowed by law. | ||||||
16 | (G) Nothing in this Section shall prohibit the right of a | ||||||
17 | Civil Service Commission or appointing authority of any | ||||||
18 | federal government, state, county or municipality examining | ||||||
19 | the character and fitness of an applicant for employment with | ||||||
20 | a law enforcement agency, correctional institution, or fire | ||||||
21 | department from obtaining and examining the records of any law | ||||||
22 | enforcement agency relating to any record of the applicant | ||||||
23 | having been arrested or taken into custody before the | ||||||
24 | applicant's 18th birthday. | ||||||
25 | (G-5) Information identifying victims and alleged victims | ||||||
26 | of sex offenses shall not be disclosed or open to the public |
| |||||||
| |||||||
1 | under any circumstances. Nothing in this Section shall | ||||||
2 | prohibit the victim or alleged victim of any sex offense from | ||||||
3 | voluntarily disclosing this identity. | ||||||
4 | (H) The changes made to this Section by Public Act 98-61 | ||||||
5 | apply to law enforcement records of a minor who has been | ||||||
6 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
7 | effective date of Public Act 98-61). | ||||||
8 | (H-5) Nothing in this Section shall require any court or | ||||||
9 | adjudicative proceeding for traffic, boating, fish and game | ||||||
10 | law, or municipal and county ordinance violations to be closed | ||||||
11 | to the public. | ||||||
12 | (I) Willful violation of this Section is a Class C | ||||||
13 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
14 | This subsection (I) shall not apply to the person who is the | ||||||
15 | subject of the record. | ||||||
16 | (J) A person convicted of violating this Section is liable | ||||||
17 | for damages in the amount of $1,000 or actual damages, | ||||||
18 | whichever is greater. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; | ||||||
20 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
| ||||||
21 | (705 ILCS 405/1-8) | ||||||
22 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
23 | court records. | ||||||
24 | (A) A juvenile adjudication shall never be considered a | ||||||
25 | conviction nor shall an adjudicated individual be considered a |
| |||||||
| |||||||
1 | criminal. Unless expressly allowed by law, a juvenile | ||||||
2 | adjudication shall not operate to impose upon the individual | ||||||
3 | any of the civil disabilities ordinarily imposed by or | ||||||
4 | resulting from conviction. Unless expressly allowed by law, | ||||||
5 | adjudications shall not prejudice or disqualify the individual | ||||||
6 | in any civil service application or appointment, from holding | ||||||
7 | public office, or from receiving any license granted by public | ||||||
8 | authority. All juvenile court records which have not been | ||||||
9 | expunged are sealed and may never be disclosed to the general | ||||||
10 | public or otherwise made widely available. Sealed juvenile | ||||||
11 | court records may be obtained only under this Section and | ||||||
12 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
13 | is needed for good cause and with an order from the juvenile | ||||||
14 | court. Inspection and copying of juvenile court records | ||||||
15 | relating to a minor who is the subject of a proceeding under | ||||||
16 | this Act shall be restricted to the following: | ||||||
17 | (1) The minor who is the subject of record, the | ||||||
18 | minor's parents, guardian, and counsel. | ||||||
19 | (2) Law enforcement officers and law enforcement | ||||||
20 | agencies when such information is essential to executing | ||||||
21 | an arrest or search warrant or other compulsory process, | ||||||
22 | or to conducting an ongoing investigation or relating to a | ||||||
23 | minor who has been adjudicated delinquent and there has | ||||||
24 | been a previous finding that the act which constitutes the | ||||||
25 | previous offense was committed in furtherance of criminal | ||||||
26 | activities by a criminal street gang. |
| |||||||
| |||||||
1 | Before July 1, 1994, for the purposes of this Section, | ||||||
2 | "criminal street gang" means any ongoing organization, | ||||||
3 | association, or group of 3 or more persons, whether formal | ||||||
4 | or informal, having as one of its primary activities the | ||||||
5 | commission of one or more criminal acts and that has a | ||||||
6 | common name or common identifying sign, symbol , or | ||||||
7 | specific color apparel displayed, and whose members | ||||||
8 | individually or collectively engage in or have engaged in | ||||||
9 | a pattern of criminal activity. | ||||||
10 | Beginning July 1, 1994, for purposes of this Section, | ||||||
11 | "criminal street gang" has the meaning ascribed to it in | ||||||
12 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
13 | Prevention Act. | ||||||
14 | (3) Judges, hearing officers, prosecutors, public | ||||||
15 | defenders, probation officers, social workers, or other | ||||||
16 | individuals assigned by the court to conduct a | ||||||
17 | pre-adjudication or pre-disposition investigation, and | ||||||
18 | individuals responsible for supervising or providing | ||||||
19 | temporary or permanent care and custody for minors under | ||||||
20 | the order of the juvenile court when essential to | ||||||
21 | performing their responsibilities. | ||||||
22 | (4) Judges, federal, State, and local prosecutors, | ||||||
23 | public defenders, probation officers, and designated | ||||||
24 | staff: | ||||||
25 | (a) in the course of a trial when institution of | ||||||
26 | criminal proceedings has been permitted or required |
| |||||||
| |||||||
1 | under Section 5-805; | ||||||
2 | (b) when criminal proceedings have been permitted | ||||||
3 | or required under Section 5-805 and a minor is the | ||||||
4 | subject of a proceeding to determine the amount of | ||||||
5 | bail conditions of pretrial release ; | ||||||
6 | (c) when criminal proceedings have been permitted | ||||||
7 | or required under Section 5-805 and a minor is the | ||||||
8 | subject of a pre-trial investigation, pre-sentence | ||||||
9 | investigation or fitness hearing, or proceedings on an | ||||||
10 | application for probation; or | ||||||
11 | (d) when a minor becomes 18 years of age or older, | ||||||
12 | and is the subject of criminal proceedings, including | ||||||
13 | a hearing to determine the amount of bail conditions | ||||||
14 | of pretrial release , a pre-trial investigation, a | ||||||
15 | pre-sentence investigation, a fitness hearing, or | ||||||
16 | proceedings on an application for probation. | ||||||
17 | (5) Adult and Juvenile Prisoner Review Boards. | ||||||
18 | (6) Authorized military personnel. | ||||||
19 | (6.5) Employees of the federal government authorized | ||||||
20 | by law. | ||||||
21 | (7) Victims, their subrogees and legal | ||||||
22 | representatives; however, such persons shall have access | ||||||
23 | only to the name and address of the minor and information | ||||||
24 | pertaining to the disposition or alternative adjustment | ||||||
25 | plan of the juvenile court. | ||||||
26 | (8) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the presiding judge of the juvenile court | ||||||
2 | and the chief executive of the agency that prepared the | ||||||
3 | particular records; provided that publication of such | ||||||
4 | research results in no disclosure of a minor's identity | ||||||
5 | and protects the confidentiality of the record. | ||||||
6 | (9) The Secretary of State to whom the Clerk of the | ||||||
7 | Court shall report the disposition of all cases, as | ||||||
8 | required in Section 6-204 of the Illinois Vehicle Code. | ||||||
9 | However, information reported relative to these offenses | ||||||
10 | shall be privileged and available only to the Secretary of | ||||||
11 | State, courts, and police officers. | ||||||
12 | (10) The administrator of a bonafide substance abuse | ||||||
13 | student assistance program with the permission of the | ||||||
14 | presiding judge of the juvenile court. | ||||||
15 | (11) Mental health professionals on behalf of the | ||||||
16 | Department of Corrections or the Department of Human | ||||||
17 | Services or prosecutors who are evaluating, prosecuting, | ||||||
18 | or investigating a potential or actual petition brought | ||||||
19 | under the Sexually Violent Persons Commitment Act relating | ||||||
20 | to a person who is the subject of juvenile court records or | ||||||
21 | the respondent to a petition brought under the Sexually | ||||||
22 | Violent Persons Commitment Act, who is the subject of | ||||||
23 | juvenile court records sought. Any records and any | ||||||
24 | information obtained from those records under this | ||||||
25 | paragraph (11) may be used only in sexually violent | ||||||
26 | persons commitment proceedings. |
| |||||||
| |||||||
1 | (12) (Blank). | ||||||
2 | (A-1) Findings and exclusions of paternity entered in | ||||||
3 | proceedings occurring under Article II of this Act shall be | ||||||
4 | disclosed, in a manner and form approved by the Presiding | ||||||
5 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
6 | and Family Services when necessary to discharge the duties of | ||||||
7 | the Department of Healthcare and Family Services under Article | ||||||
8 | X of the Illinois Public Aid Code. | ||||||
9 | (B) A minor who is the victim in a juvenile proceeding | ||||||
10 | shall be provided the same confidentiality regarding | ||||||
11 | disclosure of identity as the minor who is the subject of | ||||||
12 | record. | ||||||
13 | (C)(0.1) In cases where the records concern a pending | ||||||
14 | juvenile court case, the requesting party seeking to inspect | ||||||
15 | the juvenile court records shall provide actual notice to the | ||||||
16 | attorney or guardian ad litem of the minor whose records are | ||||||
17 | sought. | ||||||
18 | (0.2) In cases where the juvenile court records concern a | ||||||
19 | juvenile court case that is no longer pending, the requesting | ||||||
20 | party seeking to inspect the juvenile court records shall | ||||||
21 | provide actual notice to the minor or the minor's parent or | ||||||
22 | legal guardian, and the matter shall be referred to the chief | ||||||
23 | judge presiding over matters pursuant to this Act. | ||||||
24 | (0.3) In determining whether juvenile court records should | ||||||
25 | be made available for inspection and whether inspection should | ||||||
26 | be limited to certain parts of the file, the court shall |
| |||||||
| |||||||
1 | consider the minor's interest in confidentiality and | ||||||
2 | rehabilitation over the requesting party's interest in | ||||||
3 | obtaining the information. The State's Attorney, the minor, | ||||||
4 | and the minor's parents, guardian, and counsel shall at all | ||||||
5 | times have the right to examine court files and records. | ||||||
6 | (0.4) Any records obtained in violation of this Section | ||||||
7 | shall not be admissible in any criminal or civil proceeding, | ||||||
8 | or operate to disqualify a minor from subsequently holding | ||||||
9 | public office, or operate as a forfeiture of any public | ||||||
10 | benefit, right, privilege, or right to receive any license | ||||||
11 | granted by public authority. | ||||||
12 | (D) Pending or following any adjudication of delinquency | ||||||
13 | for any offense defined in Sections 11-1.20 through 11-1.60 or | ||||||
14 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, the victim of any such offense shall | ||||||
16 | receive the rights set out in Sections 4 and 6 of the Bill of | ||||||
17 | Rights of Crime for Victims and Witnesses of Violent Crime | ||||||
18 | Act; and the juvenile who is the subject of the adjudication, | ||||||
19 | notwithstanding any other provision of this Act, shall be | ||||||
20 | treated as an adult for the purpose of affording such rights to | ||||||
21 | the victim. | ||||||
22 | (E) Nothing in this Section shall affect the right of a | ||||||
23 | Civil Service Commission or appointing authority of the | ||||||
24 | federal government, or any state, county, or municipality | ||||||
25 | examining the character and fitness of an applicant for | ||||||
26 | employment with a law enforcement agency, correctional |
| |||||||
| |||||||
1 | institution, or fire department to ascertain whether that | ||||||
2 | applicant was ever adjudicated to be a delinquent minor and, | ||||||
3 | if so, to examine the records of disposition or evidence which | ||||||
4 | were made in proceedings under this Act. | ||||||
5 | (F) Following any adjudication of delinquency for a crime | ||||||
6 | which would be a felony if committed by an adult, or following | ||||||
7 | any adjudication of delinquency for a violation of Section | ||||||
8 | 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, the State's Attorney shall ascertain | ||||||
10 | whether the minor respondent is enrolled in school and, if so, | ||||||
11 | shall provide a copy of the dispositional order to the | ||||||
12 | principal or chief administrative officer of the school. | ||||||
13 | Access to the dispositional order shall be limited to the | ||||||
14 | principal or chief administrative officer of the school and | ||||||
15 | any school counselor designated by the principal or chief | ||||||
16 | administrative officer. | ||||||
17 | (G) Nothing contained in this Act prevents the sharing or | ||||||
18 | disclosure of information or records relating or pertaining to | ||||||
19 | juveniles subject to the provisions of the Serious Habitual | ||||||
20 | Offender Comprehensive Action Program when that information is | ||||||
21 | used to assist in the early identification and treatment of | ||||||
22 | habitual juvenile offenders. | ||||||
23 | (H) When a court hearing a proceeding under Article II of | ||||||
24 | this Act becomes aware that an earlier proceeding under | ||||||
25 | Article II had been heard in a different county, that court | ||||||
26 | shall request, and the court in which the earlier proceedings |
| |||||||
| |||||||
1 | were initiated shall transmit, an authenticated copy of the | ||||||
2 | juvenile court record, including all documents, petitions, and | ||||||
3 | orders filed and the minute orders, transcript of proceedings, | ||||||
4 | and docket entries of the court. | ||||||
5 | (I) The Clerk of the Circuit Court shall report to the | ||||||
6 | Illinois State Police, in the form and manner required by the | ||||||
7 | Illinois State Police, the final disposition of each minor who | ||||||
8 | has been arrested or taken into custody before the minor's | ||||||
9 | 18th birthday for those offenses required to be reported under | ||||||
10 | Section 5 of the Criminal Identification Act. Information | ||||||
11 | reported to the Illinois State Police Department under this | ||||||
12 | Section may be maintained with records that the Illinois State | ||||||
13 | Police Department files under Section 2.1 of the Criminal | ||||||
14 | Identification Act. | ||||||
15 | (J) The changes made to this Section by Public Act 98-61 | ||||||
16 | apply to juvenile law enforcement records of a minor who has | ||||||
17 | been arrested or taken into custody on or after January 1, 2014 | ||||||
18 | (the effective date of Public Act 98-61). | ||||||
19 | (K) Willful violation of this Section is a Class C | ||||||
20 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
21 | This subsection (K) shall not apply to the person who is the | ||||||
22 | subject of the record. | ||||||
23 | (L) A person convicted of violating this Section is liable | ||||||
24 | for damages in the amount of $1,000 or actual damages, | ||||||
25 | whichever is greater. | ||||||
26 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
| |||||||
| |||||||
1 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff. | ||||||
2 | 7-28-23; revised 8-30-23.)
| ||||||
3 | (705 ILCS 405/5-150) | ||||||
4 | Sec. 5-150. Admissibility of evidence and adjudications in | ||||||
5 | other proceedings. | ||||||
6 | (1) Evidence and adjudications in proceedings under this | ||||||
7 | Act shall be admissible: | ||||||
8 | (a) in subsequent proceedings under this Act | ||||||
9 | concerning the same minor; or | ||||||
10 | (b) in criminal proceedings when the court is to | ||||||
11 | determine the amount of bail conditions of pretrial | ||||||
12 | release , fitness of the defendant or in sentencing under | ||||||
13 | the Unified Code of Corrections; or | ||||||
14 | (c) in proceedings under this Act or in criminal | ||||||
15 | proceedings in which anyone who has been adjudicated | ||||||
16 | delinquent under Section 5-105 is to be a witness | ||||||
17 | including the minor or defendant if the minor or defendant | ||||||
18 | testifies, and then only for purposes of impeachment and | ||||||
19 | pursuant to the rules of evidence for criminal trials; or | ||||||
20 | (d) in civil proceedings concerning causes of action | ||||||
21 | arising out of the incident or incidents which initially | ||||||
22 | gave rise to the proceedings under this Act. | ||||||
23 | (2) No adjudication or disposition under this Act shall | ||||||
24 | operate to disqualify a minor from subsequently holding public | ||||||
25 | office nor shall operate as a forfeiture of any right, |
| |||||||
| |||||||
1 | privilege or right to receive any license granted by public | ||||||
2 | authority. | ||||||
3 | (3) The court which adjudicated that a minor has committed | ||||||
4 | any offense relating to motor vehicles prescribed in Sections | ||||||
5 | 4-102 and 4-103 of the Illinois Vehicle Code shall notify the | ||||||
6 | Secretary of State of that adjudication and the notice shall | ||||||
7 | constitute sufficient grounds for revoking that minor's | ||||||
8 | driver's license or permit as provided in Section 6-205 of the | ||||||
9 | Illinois Vehicle Code; no minor shall be considered a criminal | ||||||
10 | by reason thereof, nor shall any such adjudication be | ||||||
11 | considered a conviction. | ||||||
12 | (Source: P.A. 103-22, eff. 8-8-23.)
| ||||||
13 | Section 225. The Criminal Code of 2012 is amended by | ||||||
14 | changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows:
| ||||||
15 | (720 ILCS 5/26.5-5) | ||||||
16 | Sec. 26.5-5. Sentence. | ||||||
17 | (a) Except as provided in subsection (b), a person who | ||||||
18 | violates any of the provisions of Section 26.5-1, 26.5-2, or | ||||||
19 | 26.5-3 of this Article is guilty of a Class B misdemeanor. | ||||||
20 | Except as provided in subsection (b), a second or subsequent | ||||||
21 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
22 | is a Class A misdemeanor, for which the court shall impose a | ||||||
23 | minimum of 14 days in jail or, if public or community service | ||||||
24 | is established in the county in which the offender was |
| |||||||
| |||||||
1 | convicted, 240 hours of public or community service. | ||||||
2 | (b) In any of the following circumstances, a person who | ||||||
3 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
4 | shall be guilty of a Class 4 felony: | ||||||
5 | (1) The person has 3 or more prior violations in the | ||||||
6 | last 10 years of harassment by telephone, harassment | ||||||
7 | through electronic communications, or any similar offense | ||||||
8 | of any other state; | ||||||
9 | (2) The person has previously violated the harassment | ||||||
10 | by telephone provisions, or the harassment through | ||||||
11 | electronic communications provisions, or committed any | ||||||
12 | similar offense in any other state with the same victim or | ||||||
13 | a member of the victim's family or household; | ||||||
14 | (3) At the time of the offense, the offender was under | ||||||
15 | conditions of bail pretrial release , probation, | ||||||
16 | conditional discharge, mandatory supervised release or was | ||||||
17 | the subject of an order of protection, in this or any other | ||||||
18 | state, prohibiting contact with the victim or any member | ||||||
19 | of the victim's family or household; | ||||||
20 | (4) In the course of the offense, the offender | ||||||
21 | threatened to kill the victim or any member of the | ||||||
22 | victim's family or household; | ||||||
23 | (5) The person has been convicted in the last 10 years | ||||||
24 | of a forcible felony as defined in Section 2-8 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (6) The person violates paragraph (5) of Section |
| |||||||
| |||||||
1 | 26.5-2 or paragraph (4) of Section 26.5-3; or | ||||||
2 | (7) The person was at least 18 years of age at the time | ||||||
3 | of the commission of the offense and the victim was under | ||||||
4 | 18 years of age at the time of the commission of the | ||||||
5 | offense. | ||||||
6 | (c) The court may order any person convicted under this | ||||||
7 | Article to submit to a psychiatric examination. | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
9 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1) | ||||||
10 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
11 | firefighter, or correctional institution employee. | ||||||
12 | (a) A person who knowingly: | ||||||
13 | (1) resists arrest, or | ||||||
14 | (2) obstructs the performance by one known to the | ||||||
15 | person to be a peace officer, firefighter, or correctional | ||||||
16 | institution employee of any authorized act within his or | ||||||
17 | her official capacity commits a Class A misdemeanor. | ||||||
18 | (a-5) In addition to any other sentence that may be | ||||||
19 | imposed, a court shall order any person convicted of resisting | ||||||
20 | or obstructing a peace officer, firefighter, or correctional | ||||||
21 | institution employee to be sentenced to a minimum of 48 | ||||||
22 | consecutive hours of imprisonment or ordered to perform | ||||||
23 | community service for not less than 100 hours as may be | ||||||
24 | determined by the court. The person shall not be eligible for | ||||||
25 | probation in order to reduce the sentence of imprisonment or |
| |||||||
| |||||||
1 | community service. | ||||||
2 | (a-7) A person convicted for a violation of this Section | ||||||
3 | whose violation was the proximate cause of an injury to a peace | ||||||
4 | officer, firefighter, or correctional institution employee is | ||||||
5 | guilty of a Class 4 felony. | ||||||
6 | (b) For purposes of this Section, "correctional | ||||||
7 | institution employee" means any person employed to supervise | ||||||
8 | and control inmates incarcerated in a penitentiary, State | ||||||
9 | farm, reformatory, prison, jail, house of correction, police | ||||||
10 | detention area, half-way house, or other institution or place | ||||||
11 | for the incarceration or custody of persons under sentence for | ||||||
12 | offenses or awaiting trial or sentence for offenses, under | ||||||
13 | arrest for an offense, a violation of probation, a violation | ||||||
14 | of parole, a violation of aftercare release, a violation of | ||||||
15 | mandatory supervised release, or awaiting a bail setting | ||||||
16 | hearing or preliminary hearing on setting the conditions of | ||||||
17 | pretrial release , or who are sexually dangerous persons or who | ||||||
18 | are sexually violent persons; and "firefighter" means any | ||||||
19 | individual, either as an employee or volunteer, of a regularly | ||||||
20 | constituted fire department of a municipality or fire | ||||||
21 | protection district who performs fire fighting duties, | ||||||
22 | including, but not limited to, the fire chief, assistant fire | ||||||
23 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
24 | pipe person, and any other member of a regularly constituted | ||||||
25 | fire department. "Firefighter" also means a person employed by | ||||||
26 | the Office of the State Fire Marshal to conduct arson |
| |||||||
| |||||||
1 | investigations. | ||||||
2 | (c) It is an affirmative defense to a violation of this | ||||||
3 | Section if a person resists or obstructs the performance of | ||||||
4 | one known by the person to be a firefighter by returning to or | ||||||
5 | remaining in a dwelling, residence, building, or other | ||||||
6 | structure to rescue or to attempt to rescue any person. | ||||||
7 | (d) A person shall not be subject to arrest for resisting | ||||||
8 | arrest under this Section unless there is an underlying | ||||||
9 | offense for which the person was initially subject to arrest. | ||||||
10 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21 .)
| ||||||
11 | (720 ILCS 5/31A-0.1) | ||||||
12 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
13 | Article: | ||||||
14 | "Deliver" or "delivery" means the actual, constructive or | ||||||
15 | attempted transfer of possession of an item of contraband, | ||||||
16 | with or without consideration, whether or not there is an | ||||||
17 | agency relationship. | ||||||
18 | "Employee" means any elected or appointed officer, trustee | ||||||
19 | or employee of a penal institution or of the governing | ||||||
20 | authority of the penal institution, or any person who performs | ||||||
21 | services for the penal institution pursuant to contract with | ||||||
22 | the penal institution or its governing authority. | ||||||
23 | "Item of contraband" means any of the following: | ||||||
24 | (i) "Alcoholic liquor" as that term is defined in | ||||||
25 | Section 1-3.05 of the Liquor Control Act of 1934. |
| |||||||
| |||||||
1 | (ii) "Cannabis" as that term is defined in subsection | ||||||
2 | (a) of Section 3 of the Cannabis Control Act. | ||||||
3 | (iii) "Controlled substance" as that term is defined | ||||||
4 | in the Illinois Controlled Substances Act. | ||||||
5 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
6 | the Illinois Controlled Substances Act or the | ||||||
7 | Methamphetamine Control and Community Protection Act. | ||||||
8 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
9 | instrument adapted for use of controlled substances or | ||||||
10 | cannabis by subcutaneous injection. | ||||||
11 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
12 | razor, stiletto, broken bottle, or other piece of glass | ||||||
13 | which could be used as a dangerous weapon. This term | ||||||
14 | includes any of the devices or implements designated in | ||||||
15 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
16 | this Code, or any other dangerous weapon or instrument of | ||||||
17 | like character. | ||||||
18 | (vi) "Firearm" means any device, by whatever name | ||||||
19 | known, which is designed to expel a projectile or | ||||||
20 | projectiles by the action of an explosion, expansion of | ||||||
21 | gas or escape of gas, including but not limited to: | ||||||
22 | (A) any pneumatic gun, spring gun, or B-B gun | ||||||
23 | which expels a single globular projectile not | ||||||
24 | exceeding .18 inch in diameter; or | ||||||
25 | (B) any device used exclusively for signaling or | ||||||
26 | safety and required as recommended by the United |
| |||||||
| |||||||
1 | States Coast Guard or the Interstate Commerce | ||||||
2 | Commission; or | ||||||
3 | (C) any device used exclusively for the firing of | ||||||
4 | stud cartridges, explosive rivets or industrial | ||||||
5 | ammunition; or | ||||||
6 | (D) any device which is powered by electrical | ||||||
7 | charging units, such as batteries, and which fires one | ||||||
8 | or several barbs attached to a length of wire and | ||||||
9 | which, upon hitting a human, can send out current | ||||||
10 | capable of disrupting the person's nervous system in | ||||||
11 | such a manner as to render him or her incapable of | ||||||
12 | normal functioning, commonly referred to as a stun gun | ||||||
13 | or taser. | ||||||
14 | (vii) "Firearm ammunition" means any self-contained | ||||||
15 | cartridge or shotgun shell, by whatever name known, which | ||||||
16 | is designed to be used or adaptable to use in a firearm, | ||||||
17 | including but not limited to: | ||||||
18 | (A) any ammunition exclusively designed for use | ||||||
19 | with a device used exclusively for signaling or safety | ||||||
20 | and required or recommended by the United States Coast | ||||||
21 | Guard or the Interstate Commerce Commission; or | ||||||
22 | (B) any ammunition designed exclusively for use | ||||||
23 | with a stud or rivet driver or other similar | ||||||
24 | industrial ammunition. | ||||||
25 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
26 | bombshell, grenade, bottle or other container containing |
| |||||||
| |||||||
1 | an explosive substance of over one-quarter ounce for like | ||||||
2 | purposes such as black powder bombs and Molotov cocktails | ||||||
3 | or artillery projectiles. | ||||||
4 | (ix) "Tool to defeat security mechanisms" means, but | ||||||
5 | is not limited to, handcuff or security restraint key, | ||||||
6 | tool designed to pick locks, popper, or any device or | ||||||
7 | instrument used to or capable of unlocking or preventing | ||||||
8 | from locking any handcuff or security restraints, doors to | ||||||
9 | cells, rooms, gates or other areas of the penal | ||||||
10 | institution. | ||||||
11 | (x) "Cutting tool" means, but is not limited to, | ||||||
12 | hacksaw blade, wirecutter, or device, instrument or file | ||||||
13 | capable of cutting through metal. | ||||||
14 | (xi) "Electronic contraband" for the purposes of | ||||||
15 | Section 31A-1.1 of this Article means, but is not limited | ||||||
16 | to, any electronic, video recording device, computer, or | ||||||
17 | cellular communications equipment, including, but not | ||||||
18 | limited to, cellular telephones, cellular telephone | ||||||
19 | batteries, videotape recorders, pagers, computers, and | ||||||
20 | computer peripheral equipment brought into or possessed in | ||||||
21 | a penal institution without the written authorization of | ||||||
22 | the Chief Administrative Officer. "Electronic contraband" | ||||||
23 | for the purposes of Section 31A-1.2 of this Article, | ||||||
24 | means, but is not limited to, any electronic, video | ||||||
25 | recording device, computer, or cellular communications | ||||||
26 | equipment, including, but not limited to, cellular |
| |||||||
| |||||||
1 | telephones, cellular telephone batteries, videotape | ||||||
2 | recorders, pagers, computers, and computer peripheral | ||||||
3 | equipment. | ||||||
4 | "Penal institution" means any penitentiary, State farm, | ||||||
5 | reformatory, prison, jail, house of correction, police | ||||||
6 | detention area, half-way house or other institution or place | ||||||
7 | for the incarceration or custody of persons under sentence for | ||||||
8 | offenses awaiting trial or sentence for offenses, under arrest | ||||||
9 | for an offense, a violation of probation, a violation of | ||||||
10 | parole, a violation of aftercare release, or a violation of | ||||||
11 | mandatory supervised release, or awaiting a bail setting | ||||||
12 | hearing on the setting of conditions of pretrial release or | ||||||
13 | preliminary hearing; provided that where the place for | ||||||
14 | incarceration or custody is housed within another public | ||||||
15 | building this Article shall not apply to that part of the | ||||||
16 | building unrelated to the incarceration or custody of persons. | ||||||
17 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
18 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10) | ||||||
19 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
20 | bail bond . | ||||||
21 | (a) (Blank). | ||||||
22 | (a-1) Whoever, having been admitted to bail for appearance | ||||||
23 | before any court of this State, incurs a forfeiture of the bail | ||||||
24 | and knowingly fails to surrender himself or herself within 30 | ||||||
25 | days following the date of the forfeiture, commits, if the |
| |||||||
| |||||||
1 | bail was given in connection with a charge of felony or pending | ||||||
2 | appeal or certiorari after conviction of any offense, a felony | ||||||
3 | of the next lower Class or a Class A misdemeanor if the | ||||||
4 | underlying offense was a Class 4 felony; or, if the bail was | ||||||
5 | given in connection with a charge of committing a misdemeanor, | ||||||
6 | or for appearance as a witness, commits a misdemeanor of the | ||||||
7 | next lower Class, but not less than a Class C misdemeanor. | ||||||
8 | (a-5) Any person who knowingly violates a condition of | ||||||
9 | pretrial release bail bond by possessing a firearm in | ||||||
10 | violation of his or her conditions of pretrial release bail | ||||||
11 | commits a Class 4 felony for a first violation and a Class 3 | ||||||
12 | felony for a second or subsequent violation. | ||||||
13 | (b) Whoever, having been released pretrial under | ||||||
14 | conditions admitted to bail for appearance before any court of | ||||||
15 | this State, while charged with a criminal offense in which the | ||||||
16 | victim is a family or household member as defined in Article | ||||||
17 | 112A of the Code of Criminal Procedure of 1963, knowingly | ||||||
18 | violates a condition of that release as set forth in Section | ||||||
19 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
20 | 1963, commits a Class A misdemeanor. | ||||||
21 | (c) Whoever, having been admitted to bail released | ||||||
22 | pretrial for appearance before any court of this State for a | ||||||
23 | felony, Class A misdemeanor or a criminal offense in which the | ||||||
24 | victim is a family or household member as defined in Article | ||||||
25 | 112A of the Code of Criminal Procedure of 1963, is charged with | ||||||
26 | any other felony, Class A misdemeanor, or a criminal offense |
| |||||||
| |||||||
1 | in which the victim is a family or household member as defined | ||||||
2 | in Article 112A of the Code of Criminal Procedure of 1963 while | ||||||
3 | on this release, must appear before the court before bail is | ||||||
4 | statutorily set and may not be released by law enforcement | ||||||
5 | under 109-1 of the Code of Criminal Procedure of 1963 prior to | ||||||
6 | the court appearance . | ||||||
7 | (d) Nothing in this Section shall interfere with or | ||||||
8 | prevent the exercise by any court of its power to punish for | ||||||
9 | contempt. Any sentence imposed for violation of this Section | ||||||
10 | shall may be served consecutive to the sentence imposed for | ||||||
11 | the charge for which bail pretrial release had been granted | ||||||
12 | and with respect to which the defendant has been convicted. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
14 | Section 230. The Criminal Code of 2012 is amended by | ||||||
15 | changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:
| ||||||
16 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5) | ||||||
17 | Sec. 7-5. Peace officer's use of force in making arrest. | ||||||
18 | (a) A peace officer, or any person whom he has summoned or | ||||||
19 | directed to assist him, need not retreat or desist from | ||||||
20 | efforts to make a lawful arrest because of resistance or | ||||||
21 | threatened resistance to the arrest. He is justified in the | ||||||
22 | use of any force which he reasonably believes , based on the | ||||||
23 | totality of the circumstances, to be necessary to effect the | ||||||
24 | arrest and of any force which he reasonably believes , based on |
| |||||||
| |||||||
1 | the totality of the circumstances, to be necessary to defend | ||||||
2 | himself or another from bodily harm while making the arrest. | ||||||
3 | However, he is justified in using force likely to cause death | ||||||
4 | or great bodily harm only when: (i) he reasonably believes , | ||||||
5 | based on the totality of the circumstances, that such force is | ||||||
6 | necessary to prevent death or great bodily harm to himself or | ||||||
7 | such other person; or (ii) when he reasonably believes , based | ||||||
8 | on the totality of the circumstances, both that: | ||||||
9 | (1) Such force is necessary to prevent the arrest from | ||||||
10 | being defeated by resistance or escape and the officer | ||||||
11 | reasonably believes that the person to be arrested is | ||||||
12 | likely to cause great bodily harm to another ; and | ||||||
13 | (2) The person to be arrested committed or attempted a | ||||||
14 | forcible felony which involves the infliction or | ||||||
15 | threatened infliction of great bodily harm or is | ||||||
16 | attempting to escape by use of a deadly weapon, or | ||||||
17 | otherwise indicates that he will endanger human life or | ||||||
18 | inflict great bodily harm unless arrested without delay. | ||||||
19 | As used in this subsection, "retreat" does not mean | ||||||
20 | tactical repositioning or other de-escalation tactics. | ||||||
21 | A peace officer is not justified in using force likely to | ||||||
22 | cause death or great bodily harm when there is no longer an | ||||||
23 | imminent threat of great bodily harm to the officer or | ||||||
24 | another. | ||||||
25 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
26 | use of force, make reasonable efforts to identify himself or |
| |||||||
| |||||||
1 | herself as a peace officer and to warn that deadly force may be | ||||||
2 | used. | ||||||
3 | (a-10) A peace officer shall not use deadly force against | ||||||
4 | a person based on the danger that the person poses to himself | ||||||
5 | or herself if a reasonable officer would believe the person | ||||||
6 | does not pose an imminent threat of death or great bodily harm | ||||||
7 | to the peace officer or to another person. | ||||||
8 | (a-15) A peace officer shall not use deadly force against | ||||||
9 | a person who is suspected of committing a property offense, | ||||||
10 | unless that offense is terrorism or unless deadly force is | ||||||
11 | otherwise authorized by law. | ||||||
12 | (b) A peace officer making an arrest pursuant to an | ||||||
13 | invalid warrant is justified in the use of any force which he | ||||||
14 | would be justified in using if the warrant were valid, unless | ||||||
15 | he knows that the warrant is invalid. | ||||||
16 | (c) The authority to use physical force conferred on peace | ||||||
17 | officers by this Article is a serious responsibility that | ||||||
18 | shall be exercised judiciously and with respect for human | ||||||
19 | rights and dignity and for the sanctity of every human life. | ||||||
20 | (d) Peace officers shall use deadly force only when | ||||||
21 | reasonably necessary in defense of human life. In determining | ||||||
22 | whether deadly force is reasonably necessary, officers shall | ||||||
23 | evaluate each situation in light of the totality of | ||||||
24 | circumstances of each case, including, but not limited to, the | ||||||
25 | proximity in time of the use of force to the commission of a | ||||||
26 | forcible felony, and the reasonable feasibility of safely |
| |||||||
| |||||||
1 | apprehending a subject at a later time, and shall use other | ||||||
2 | available resources and techniques, if reasonably safe and | ||||||
3 | feasible to a reasonable officer. | ||||||
4 | (e) The decision by a peace officer to use force shall be | ||||||
5 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
6 | the gravity of that authority and the serious consequences of | ||||||
7 | the use of force by peace officers, in order to ensure that | ||||||
8 | officers use force consistent with law and agency policies. | ||||||
9 | (f) The decision by a peace officer to use force shall be | ||||||
10 | evaluated from the perspective of a reasonable officer in the | ||||||
11 | same situation, based on the totality of the circumstances | ||||||
12 | known to or perceived by the officer at the time of the | ||||||
13 | decision, rather than with the benefit of hindsight, and that | ||||||
14 | the totality of the circumstances shall account for occasions | ||||||
15 | when officers may be forced to make quick judgments about | ||||||
16 | using force. | ||||||
17 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
18 | develop policies designed to protect individuals with | ||||||
19 | physical, mental health, developmental, or intellectual | ||||||
20 | disabilities, or individuals who are significantly more likely | ||||||
21 | to experience greater levels of physical force during police | ||||||
22 | interactions, as these disabilities may affect the ability of | ||||||
23 | a person to understand or comply with commands from peace | ||||||
24 | officers. | ||||||
25 | (h) As used in this Section: | ||||||
26 | (1) "Deadly force" means any use of force that creates |
| |||||||
| |||||||
1 | a substantial risk of causing death or great bodily harm, | ||||||
2 | including, but not limited to, the discharge of a firearm. | ||||||
3 | (2) A threat of death or serious bodily injury is | ||||||
4 | "imminent" when, based on the totality of the | ||||||
5 | circumstances, a reasonable officer in the same situation | ||||||
6 | would believe that a person has the present ability, | ||||||
7 | opportunity, and apparent intent to immediately cause | ||||||
8 | death or great bodily harm to the peace officer or another | ||||||
9 | person. An imminent harm is not merely a fear of future | ||||||
10 | harm, no matter how great the fear and no matter how great | ||||||
11 | the likelihood of the harm, but is one that, from | ||||||
12 | appearances, must be instantly confronted and addressed. | ||||||
13 | (3) "Totality of the circumstances" means all facts | ||||||
14 | known to the peace officer at the time, or that would be | ||||||
15 | known to a reasonable officer in the same situation, | ||||||
16 | including the conduct of the officer and the subject | ||||||
17 | leading up to the use of deadly force. | ||||||
18 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
19 | 102-687, eff. 12-17-21.)
| ||||||
20 | (720 ILCS 5/7-5.5) | ||||||
21 | Sec. 7-5.5. Prohibited use of force by a peace officer. | ||||||
22 | (a) A peace officer , or any other person acting under the | ||||||
23 | color of law, shall not use a chokehold or restraint above the | ||||||
24 | shoulders with risk of asphyxiation in the performance of his | ||||||
25 | or her duties, unless deadly force is justified under this |
| |||||||
| |||||||
1 | Article. | ||||||
2 | (b) A peace officer , or any other person acting under the | ||||||
3 | color of law, shall not use a chokehold or restraint above the | ||||||
4 | shoulders with risk of asphyxiation , or any lesser contact | ||||||
5 | with the throat or neck area of another, in order to prevent | ||||||
6 | the destruction of evidence by ingestion. | ||||||
7 | (c) As used in this Section, "chokehold" means applying | ||||||
8 | any direct pressure to the throat, windpipe, or airway of | ||||||
9 | another with the intent to reduce or prevent the intake of air . | ||||||
10 | "Chokehold" does not include any holding involving contact | ||||||
11 | with the neck that is not intended to reduce the intake of air | ||||||
12 | such as a headlock where the only pressure applied is to the | ||||||
13 | head. | ||||||
14 | (d) As used in this Section, "restraint above the | ||||||
15 | shoulders with risk of positional asphyxiation" means a use of | ||||||
16 | a technique used to restrain a person above the shoulders, | ||||||
17 | including the neck or head, in a position which interferes | ||||||
18 | with the person's ability to breathe after the person no | ||||||
19 | longer poses a threat to the officer or any other person. | ||||||
20 | (e) A peace officer, or any other person acting under the | ||||||
21 | color of law, shall not: | ||||||
22 | (i) use force as punishment or retaliation; | ||||||
23 | (ii) discharge kinetic impact projectiles and all | ||||||
24 | other non-lethal or less-lethal projectiles in a manner | ||||||
25 | that targets the head, neck, groin, anterior pelvis, or | ||||||
26 | back; |
| |||||||
| |||||||
1 | (iii) discharge conducted electrical weapons in a | ||||||
2 | manner that targets the head, chest, neck, groin, or | ||||||
3 | anterior pelvis; | ||||||
4 | (iv) discharge firearms or kinetic impact projectiles | ||||||
5 | indiscriminately into a crowd; | ||||||
6 | (v) use chemical agents or irritants for crowd | ||||||
7 | control, including pepper spray and tear gas, prior to | ||||||
8 | issuing an order to disperse in a sufficient manner to | ||||||
9 | allow for the order to be heard and repeated if necessary, | ||||||
10 | followed by sufficient time and space to allow compliance | ||||||
11 | with the order unless providing such time and space would | ||||||
12 | unduly place an officer or another person at risk of death | ||||||
13 | or great bodily harm; or | ||||||
14 | (vi) use chemical agents or irritants, including | ||||||
15 | pepper spray and tear gas, prior to issuing an order in a | ||||||
16 | sufficient manner to ensure the order is heard, and | ||||||
17 | repeated if necessary, to allow compliance with the order | ||||||
18 | unless providing such time and space would unduly place an | ||||||
19 | officer or another person at risk of death or great bodily | ||||||
20 | harm. | ||||||
21 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
22 | 102-687, eff. 12-17-21.)
| ||||||
23 | (720 ILCS 5/7-9) (from Ch. 38, par. 7-9) | ||||||
24 | Sec. 7-9. Use of force to prevent escape. | ||||||
25 | (a) A peace officer or other person who has an arrested |
| |||||||
| |||||||
1 | person in his custody is justified in the use of such force , | ||||||
2 | except deadly force, to prevent the escape of the arrested | ||||||
3 | person from custody as he would be justified in using if he | ||||||
4 | were arresting such person. | ||||||
5 | (b) A guard or other peace officer is justified in the use | ||||||
6 | of force , including force likely to cause death or great | ||||||
7 | bodily harm, which he reasonably believes to be necessary to | ||||||
8 | prevent the escape from a penal institution of a person whom | ||||||
9 | the officer reasonably believes to be lawfully detained in | ||||||
10 | such institution under sentence for an offense or awaiting | ||||||
11 | trial or commitment for an offense. | ||||||
12 | (c) Deadly force shall not be used to prevent escape under | ||||||
13 | this Section unless, based on the totality of the | ||||||
14 | circumstances, deadly force is necessary to prevent death or | ||||||
15 | great bodily harm to himself or such other person. | ||||||
16 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
17 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
18 | Sec. 9-1. First degree murder. | ||||||
19 | (a) A person who kills an individual without lawful | ||||||
20 | justification commits first degree murder if, in performing | ||||||
21 | the acts which cause the death: | ||||||
22 | (1) he or she either intends to kill or do great bodily | ||||||
23 | harm to that individual or another, or knows that such | ||||||
24 | acts will cause death to that individual or another; or | ||||||
25 | (2) he or she knows that such acts create a strong |
| |||||||
| |||||||
1 | probability of death or great bodily harm to that | ||||||
2 | individual or another; or | ||||||
3 | (3) he or she is attempting or committing a forcible | ||||||
4 | felony other than second degree murder he or she, acting | ||||||
5 | alone or with one or more participants, commits or | ||||||
6 | attempts to commit a forcible felony other than second | ||||||
7 | degree murder, and in the course of or in furtherance of | ||||||
8 | such crime or flight therefrom, he or she or another | ||||||
9 | participant causes the death of a person . | ||||||
10 | (b) (Blank). | ||||||
11 | (b-5) (Blank). | ||||||
12 | (c) (Blank). | ||||||
13 | (d) (Blank). | ||||||
14 | (e) (Blank). | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) (Blank). . | ||||||
18 | (h-5) (Blank). | ||||||
19 | (i) (Blank). | ||||||
20 | (j) (Blank). | ||||||
21 | (k) (Blank). | ||||||
22 | (Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)
| ||||||
23 | (720 ILCS 5/33-3) (from Ch. 38, par. 33-3) | ||||||
24 | Sec. 33-3. Official misconduct. | ||||||
25 | (a) A public officer or employee or special government |
| |||||||
| |||||||
1 | agent commits misconduct when, in his official capacity or | ||||||
2 | capacity as a special government agent, he or she commits any | ||||||
3 | of the following acts: | ||||||
4 | (1) Intentionally or recklessly fails to perform any | ||||||
5 | mandatory duty as required by law; or | ||||||
6 | (2) Knowingly performs an act which he knows he is | ||||||
7 | forbidden by law to perform; or | ||||||
8 | (3) With intent to obtain a personal advantage for | ||||||
9 | himself or another, he performs an act in excess of his | ||||||
10 | lawful authority; or | ||||||
11 | (4) Solicits or knowingly accepts for the performance | ||||||
12 | of any act a fee or reward which he knows is not authorized | ||||||
13 | by law. | ||||||
14 | (b) An employee of a law enforcement agency commits | ||||||
15 | misconduct when he or she knowingly uses or communicates, | ||||||
16 | directly or indirectly, information acquired in the course of | ||||||
17 | employment, with the intent to obstruct, impede, or prevent | ||||||
18 | the investigation, apprehension, or prosecution of any | ||||||
19 | criminal offense or person. Nothing in this subsection (b) | ||||||
20 | shall be construed to impose liability for communicating to a | ||||||
21 | confidential resource, who is participating or aiding law | ||||||
22 | enforcement, in an ongoing investigation. | ||||||
23 | (c) A public officer or employee or special government | ||||||
24 | agent convicted of violating any provision of this Section | ||||||
25 | forfeits his or her office or employment or position as a | ||||||
26 | special government agent. In addition, he or she commits a |
| |||||||
| |||||||
1 | Class 3 felony. | ||||||
2 | (d) For purposes of this Section , "special : "Special | ||||||
3 | government agent" has the meaning ascribed to it in subsection | ||||||
4 | (l) of Section 4A-101 of the Illinois Governmental Ethics Act. | ||||||
5 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
6 | Section 235. The Criminal Code of 2012 is amended by | ||||||
7 | adding Section 32-15.1 as follows:
| ||||||
8 | (720 ILCS 5/32-15.1 new) | ||||||
9 | Sec. 32-15.1. Bail bond false statement. Any person who in | ||||||
10 | any affidavit, document, schedule or other application to | ||||||
11 | become surety or bail for another on any bail bond or | ||||||
12 | recognizance in any civil or criminal proceeding then pending | ||||||
13 | or about to be started against the other person, having taken a | ||||||
14 | lawful oath or made affirmation, shall swear or affirm | ||||||
15 | wilfully, corruptly and falsely as to the ownership or liens | ||||||
16 | or incumbrances upon or the value of any real or personal | ||||||
17 | property alleged to be owned by the person proposed as surety | ||||||
18 | or bail, the financial worth or standing of the person | ||||||
19 | proposed as surety or bail, or as to the number or total | ||||||
20 | penalties of all other bonds or recognizances signed by and | ||||||
21 | standing against the proposed surety or bail, or any person | ||||||
22 | who, having taken a lawful oath or made affirmation, shall | ||||||
23 | testify wilfully, corruptly and falsely as to any of said | ||||||
24 | matters for the purpose of inducing the approval of any such |
| |||||||
| |||||||
1 | bail bond or recognizance; or for the purpose of justifying on | ||||||
2 | any such bail bond or recognizance, or who shall suborn any | ||||||
3 | other person to so swear, affirm or testify as aforesaid, | ||||||
4 | shall be deemed and adjudged guilty of perjury or subornation | ||||||
5 | of perjury (as the case may be) and punished accordingly.
| ||||||
6 | (720 ILCS 5/7-15 rep.) | ||||||
7 | (720 ILCS 5/7-16 rep.) | ||||||
8 | (720 ILCS 5/33-9 rep.) | ||||||
9 | Section 240. The Criminal Code of 2012 is amended by | ||||||
10 | repealing Sections 7-15, 7-16, and 33-9.
| ||||||
11 | Section 245. The Code of Criminal Procedure of 1963 is | ||||||
12 | amended by changing the heading of Article 110 and by changing | ||||||
13 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
14 | 106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1, | ||||||
15 | 110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||||||
16 | 110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23, | ||||||
17 | 113-3.1, 114-1, 115-4.1, and 122-6 and by adding Section | ||||||
18 | 110-3.1 as follows:
| ||||||
19 | (725 ILCS 5/102-6) (from Ch. 38, par. 102-6) | ||||||
20 | Sec. 102-6. "Bail". Pretrial release. "Bail" means the | ||||||
21 | amount of money set by the court which is required to be | ||||||
22 | obligated and secured as provided by law for the release of a | ||||||
23 | person in custody in order that he will appear before the court |
| |||||||
| |||||||
1 | in which his appearance may be required and that he will comply | ||||||
2 | with such conditions as set forth in the bail bond. "Pretrial | ||||||
3 | release" has the meaning ascribed to bail in Section 9 of | ||||||
4 | Article I of the Illinois Constitution where the sureties | ||||||
5 | provided are nonmonetary in nature. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
7 | (725 ILCS 5/102-7) (from Ch. 38, par. 102-7) | ||||||
8 | Sec. 102-7. Conditions of pretrial release. "Bail | ||||||
9 | bond". "Bail bond" means an undertaking secured by bail entered | ||||||
10 | into by a person in custody by which he binds himself to comply | ||||||
11 | with such conditions as are set forth therein. "Conditions of | ||||||
12 | pretrial release" means the requirements imposed upon a | ||||||
13 | criminal defendant by the court under Section 110-5. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
15 | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5) | ||||||
16 | Sec. 103-5. Speedy trial.) | ||||||
17 | (a) Every person in custody in this State for an alleged | ||||||
18 | offense shall be tried by the court having jurisdiction within | ||||||
19 | 120 days from the date he or she was taken into custody unless | ||||||
20 | delay is occasioned by the defendant, by an examination for | ||||||
21 | fitness ordered pursuant to Section 104-13 of this Act, by a | ||||||
22 | fitness hearing, by an adjudication of unfitness to stand | ||||||
23 | trial, by a continuance allowed pursuant to Section 114-4 of | ||||||
24 | this Act after a court's determination of the defendant's |
| |||||||
| |||||||
1 | physical incapacity for trial, or by an interlocutory appeal. | ||||||
2 | Delay shall be considered to be agreed to by the defendant | ||||||
3 | unless he or she objects to the delay by making a written | ||||||
4 | demand for trial or an oral demand for trial on the record. The | ||||||
5 | provisions of this subsection (a) do not apply to a person on | ||||||
6 | bail pretrial release or recognizance for an offense but who | ||||||
7 | is in custody for a violation of his or her parole, aftercare | ||||||
8 | release, or mandatory supervised release for another offense. | ||||||
9 | The 120-day term must be one continuous period of | ||||||
10 | incarceration. In computing the 120-day term, separate periods | ||||||
11 | of incarceration may not be combined. If a defendant is taken | ||||||
12 | into custody a second (or subsequent) time for the same | ||||||
13 | offense, the term will begin again at day zero. | ||||||
14 | (b) Every person on bail pretrial release or recognizance | ||||||
15 | shall be tried by the court having jurisdiction within 160 | ||||||
16 | days from the date defendant demands trial unless delay is | ||||||
17 | occasioned by the defendant, by an examination for fitness | ||||||
18 | ordered pursuant to Section 104-13 of this Act, by a fitness | ||||||
19 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
20 | continuance allowed pursuant to Section 114-4 of this Act | ||||||
21 | after a court's determination of the defendant's physical | ||||||
22 | incapacity for trial, or by an interlocutory appeal. The | ||||||
23 | defendant's failure to appear for any court date set by the | ||||||
24 | court operates to waive the defendant's demand for trial made | ||||||
25 | under this subsection. | ||||||
26 | For purposes of computing the 160 day period under this |
| |||||||
| |||||||
1 | subsection (b), every person who was in custody for an alleged | ||||||
2 | offense and demanded trial and is subsequently released on | ||||||
3 | bail pretrial release or recognizance and demands trial, shall | ||||||
4 | be given credit for time spent in custody following the making | ||||||
5 | of the demand while in custody. Any demand for trial made under | ||||||
6 | this subsection (b) shall be in writing; and in the case of a | ||||||
7 | defendant not in custody, the demand for trial shall include | ||||||
8 | the date of any prior demand made under this provision while | ||||||
9 | the defendant was in custody. | ||||||
10 | (c) If the court determines that the State has exercised | ||||||
11 | without success due diligence to obtain evidence material to | ||||||
12 | the case and that there are reasonable grounds to believe that | ||||||
13 | such evidence may be obtained at a later day the court may | ||||||
14 | continue the cause on application of the State for not more | ||||||
15 | than an additional 60 days. If the court determines that the | ||||||
16 | State has exercised without success due diligence to obtain | ||||||
17 | results of DNA testing that is material to the case and that | ||||||
18 | there are reasonable grounds to believe that such results may | ||||||
19 | be obtained at a later day, the court may continue the cause on | ||||||
20 | application of the State for not more than an additional 120 | ||||||
21 | days. | ||||||
22 | (d) Every person not tried in accordance with subsections | ||||||
23 | (a), (b) and (c) of this Section shall be discharged from | ||||||
24 | custody or released from the obligations of the person's bail | ||||||
25 | his pretrial release or recognizance. | ||||||
26 | (e) If a person is simultaneously in custody upon more |
| |||||||
| |||||||
1 | than one charge pending against him in the same county, or | ||||||
2 | simultaneously demands trial upon more than one charge pending | ||||||
3 | against him in the same county, he shall be tried, or adjudged | ||||||
4 | guilty after waiver of trial, upon at least one such charge | ||||||
5 | before expiration relative to any of such pending charges of | ||||||
6 | the period prescribed by subsections (a) and (b) of this | ||||||
7 | Section. Such person shall be tried upon all of the remaining | ||||||
8 | charges thus pending within 160 days from the date on which | ||||||
9 | judgment relative to the first charge thus prosecuted is | ||||||
10 | rendered pursuant to the Unified Code of Corrections or, if | ||||||
11 | such trial upon such first charge is terminated without | ||||||
12 | judgment and there is no subsequent trial of, or adjudication | ||||||
13 | of guilt after waiver of trial of, such first charge within a | ||||||
14 | reasonable time, the person shall be tried upon all of the | ||||||
15 | remaining charges thus pending within 160 days from the date | ||||||
16 | on which such trial is terminated; if either such period of 160 | ||||||
17 | days expires without the commencement of trial of, or | ||||||
18 | adjudication of guilt after waiver of trial of, any of such | ||||||
19 | remaining charges thus pending, such charge or charges shall | ||||||
20 | be dismissed and barred for want of prosecution unless delay | ||||||
21 | is occasioned by the defendant, by an examination for fitness | ||||||
22 | ordered pursuant to Section 104-13 of this Act, by a fitness | ||||||
23 | hearing, by an adjudication of unfitness for trial, by a | ||||||
24 | continuance allowed pursuant to Section 114-4 of this Act | ||||||
25 | after a court's determination of the defendant's physical | ||||||
26 | incapacity for trial, or by an interlocutory appeal; provided, |
| |||||||
| |||||||
1 | however, that if the court determines that the State has | ||||||
2 | exercised without success due diligence to obtain evidence | ||||||
3 | material to the case and that there are reasonable grounds to | ||||||
4 | believe that such evidence may be obtained at a later day the | ||||||
5 | court may continue the cause on application of the State for | ||||||
6 | not more than an additional 60 days. | ||||||
7 | (f) Delay occasioned by the defendant shall temporarily | ||||||
8 | suspend for the time of the delay the period within which a | ||||||
9 | person shall be tried as prescribed by subsections (a), (b), | ||||||
10 | or (e) of this Section and on the day of expiration of the | ||||||
11 | delay the said period shall continue at the point at which it | ||||||
12 | was suspended. Where such delay occurs within 21 days of the | ||||||
13 | end of the period within which a person shall be tried as | ||||||
14 | prescribed by subsections (a), (b), or (e) of this Section, | ||||||
15 | the court may continue the cause on application of the State | ||||||
16 | for not more than an additional 21 days beyond the period | ||||||
17 | prescribed by subsections (a), (b), or (e). This subsection | ||||||
18 | (f) shall become effective on, and apply to persons charged | ||||||
19 | with alleged offenses committed on or after, March 1, 1977. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
21 | (725 ILCS 5/103-7) (from Ch. 38, par. 103-7) | ||||||
22 | Sec. 103-7. Posting notice of rights. Every sheriff, chief | ||||||
23 | of police or other person who is in charge of any jail, police | ||||||
24 | station or other building where persons under arrest are held | ||||||
25 | in custody pending investigation, bail pretrial release or |
| |||||||
| |||||||
1 | other criminal proceedings, shall post in every room, other | ||||||
2 | than cells, of such buildings where persons are held in | ||||||
3 | custody, in conspicuous places where it may be seen and read by | ||||||
4 | persons in custody and others, a poster, printed in large | ||||||
5 | type, containing a verbatim copy in the English language of | ||||||
6 | the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, | ||||||
7 | 110-4, and sub-parts (a) and (b) of Sections 110-7.1, and | ||||||
8 | 113-3 of this Code. Each person who is in charge of any | ||||||
9 | courthouse or other building in which any trial of an offense | ||||||
10 | is conducted shall post in each room primarily used for such | ||||||
11 | trials and in each room in which defendants are confined or | ||||||
12 | wait, pending trial, in conspicuous places where it may be | ||||||
13 | seen and read by persons in custody and others, a poster, | ||||||
14 | printed in large type, containing a verbatim copy in the | ||||||
15 | English language of the provisions of Sections 103-6, 113-1, | ||||||
16 | 113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of | ||||||
17 | this Code. | ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
19 | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9) | ||||||
20 | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||||||
21 | may seize or transport unwillingly any person found in this | ||||||
22 | State who is allegedly in violation of a bail bond posted in | ||||||
23 | some other state or conditions of pretrial release . The return | ||||||
24 | of any such person to another state may be accomplished only as | ||||||
25 | provided by the laws of this State. Any bail bondsman who |
| |||||||
| |||||||
1 | violates this Section is fully subject to the criminal and | ||||||
2 | civil penalties provided by the laws of this State for his | ||||||
3 | actions. | ||||||
4 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
5 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13) | ||||||
6 | Sec. 104-13. Fitness examination. | ||||||
7 | (a) When the issue of fitness involves the defendant's | ||||||
8 | mental condition, the court shall order an examination of the | ||||||
9 | defendant by one or more licensed physicians, clinical | ||||||
10 | psychologists, or psychiatrists chosen by the court. No | ||||||
11 | physician, clinical psychologist or psychiatrist employed by | ||||||
12 | the Department of Human Services shall be ordered to perform, | ||||||
13 | in his official capacity, an examination under this Section. | ||||||
14 | (b) If the issue of fitness involves the defendant's | ||||||
15 | physical condition, the court shall appoint one or more | ||||||
16 | physicians and in addition, such other experts as it may deem | ||||||
17 | appropriate to examine the defendant and to report to the | ||||||
18 | court regarding the defendant's condition. | ||||||
19 | (c) An examination ordered under this Section shall be | ||||||
20 | given at the place designated by the person who will conduct | ||||||
21 | the examination, except that if the defendant is being held in | ||||||
22 | custody, the examination shall take place at such location as | ||||||
23 | the court directs. No examinations under this Section shall be | ||||||
24 | ordered to take place at mental health or developmental | ||||||
25 | disabilities facilities operated by the Department of Human |
| |||||||
| |||||||
1 | Services. If the defendant fails to keep appointments without | ||||||
2 | reasonable cause or if the person conducting the examination | ||||||
3 | reports to the court that diagnosis requires hospitalization | ||||||
4 | or extended observation, the court may order the defendant | ||||||
5 | admitted to an appropriate facility for an examination, other | ||||||
6 | than a screening examination, for not more than 7 days. The | ||||||
7 | court may, upon a showing of good cause, grant an additional 7 | ||||||
8 | days to complete the examination. | ||||||
9 | (d) Release on bail pretrial release or on recognizance | ||||||
10 | shall not be revoked and an application therefor shall not be | ||||||
11 | denied on the grounds that an examination has been ordered. | ||||||
12 | (e) Upon request by the defense and if the defendant is | ||||||
13 | indigent, the court may appoint, in addition to the expert or | ||||||
14 | experts chosen pursuant to subsection (a) of this Section, a | ||||||
15 | qualified expert selected by the defendant to examine him and | ||||||
16 | to make a report as provided in Section 104-15. Upon the filing | ||||||
17 | with the court of a verified statement of services rendered, | ||||||
18 | the court shall enter an order on the county board to pay such | ||||||
19 | expert a reasonable fee stated in the order. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
21 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17) | ||||||
22 | Sec. 104-17. Commitment for treatment; treatment plan. | ||||||
23 | (a) If the defendant is eligible to be or has been released | ||||||
24 | on bail pretrial release or on his own recognizance, the court | ||||||
25 | shall select the least physically restrictive form of |
| |||||||
| |||||||
1 | treatment therapeutically appropriate and consistent with the | ||||||
2 | treatment plan. The placement may be ordered either on an | ||||||
3 | inpatient or an outpatient basis. | ||||||
4 | (b) If the defendant's disability is mental, the court may | ||||||
5 | order him placed for secure treatment in the custody of the | ||||||
6 | Department of Human Services, or the court may order him | ||||||
7 | placed in the custody of any other appropriate public or | ||||||
8 | private mental health facility or treatment program which has | ||||||
9 | agreed to provide treatment to the defendant. If the most | ||||||
10 | serious charge faced by the defendant is a misdemeanor, the | ||||||
11 | court shall order outpatient treatment, unless the court finds | ||||||
12 | good cause on the record to order inpatient treatment. If the | ||||||
13 | court orders the defendant to inpatient treatment in the | ||||||
14 | custody of the Department of Human Services, the Department | ||||||
15 | shall evaluate the defendant to determine the most appropriate | ||||||
16 | secure facility to receive the defendant and, within 20 days | ||||||
17 | of the transmittal by the clerk of the circuit court of the | ||||||
18 | court's placement order, notify the court of the designated | ||||||
19 | facility to receive the defendant. The Department shall admit | ||||||
20 | the defendant to a secure facility within 60 days of the | ||||||
21 | transmittal of the court's placement order, unless the | ||||||
22 | Department can demonstrate good faith efforts at placement and | ||||||
23 | a lack of bed and placement availability. If placement cannot | ||||||
24 | be made within 60 days of the transmittal of the court's | ||||||
25 | placement order and the Department has demonstrated good faith | ||||||
26 | efforts at placement and a lack of bed and placement |
| |||||||
| |||||||
1 | availability, the Department shall provide an update to the | ||||||
2 | ordering court every 30 days until the defendant is placed. | ||||||
3 | Once bed and placement availability is determined, the | ||||||
4 | Department shall notify the sheriff who shall promptly | ||||||
5 | transport the defendant to the designated facility. If the | ||||||
6 | defendant is placed in the custody of the Department of Human | ||||||
7 | Services, the defendant shall be placed in a secure setting. | ||||||
8 | During the period of time required to determine bed and | ||||||
9 | placement availability at the designated facility, the | ||||||
10 | defendant shall remain in jail. If during the course of | ||||||
11 | evaluating the defendant for placement, the Department of | ||||||
12 | Human Services determines that the defendant is currently fit | ||||||
13 | to stand trial, it shall immediately notify the court and | ||||||
14 | shall submit a written report within 7 days. In that | ||||||
15 | circumstance the placement shall be held pending a court | ||||||
16 | hearing on the Department's report. Otherwise, upon completion | ||||||
17 | of the placement process, including identifying bed and | ||||||
18 | placement availability, the sheriff shall be notified and | ||||||
19 | shall transport the defendant to the designated facility. If, | ||||||
20 | within 60 days of the transmittal by the clerk of the circuit | ||||||
21 | court of the court's placement order, the Department fails to | ||||||
22 | provide the sheriff with notice of bed and placement | ||||||
23 | availability at the designated facility, the sheriff shall | ||||||
24 | contact the Department to inquire about when a placement will | ||||||
25 | become available at the designated facility as well as bed and | ||||||
26 | placement availability at other secure facilities. The |
| |||||||
| |||||||
1 | Department shall respond to the sheriff within 2 business days | ||||||
2 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
3 | and the Department shall provide the sheriff with the status | ||||||
4 | of the evaluation, information on bed and placement | ||||||
5 | availability, and an estimated date of admission for the | ||||||
6 | defendant and any changes to that estimated date of admission. | ||||||
7 | If the Department notifies the sheriff during the 2 business | ||||||
8 | day period of a facility operated by the Department with | ||||||
9 | placement availability, the sheriff shall promptly transport | ||||||
10 | the defendant to that facility. The placement may be ordered | ||||||
11 | either on an inpatient or an outpatient basis. | ||||||
12 | (c) If the defendant's disability is physical, the court | ||||||
13 | may order him placed under the supervision of the Department | ||||||
14 | of Human Services which shall place and maintain the defendant | ||||||
15 | in a suitable treatment facility or program, or the court may | ||||||
16 | order him placed in an appropriate public or private facility | ||||||
17 | or treatment program which has agreed to provide treatment to | ||||||
18 | the defendant. The placement may be ordered either on an | ||||||
19 | inpatient or an outpatient basis. | ||||||
20 | (d) The clerk of the circuit court shall within 5 days of | ||||||
21 | the entry of the order transmit to the Department, agency or | ||||||
22 | institution, if any, to which the defendant is remanded for | ||||||
23 | treatment, the following: | ||||||
24 | (1) a certified copy of the order to undergo | ||||||
25 | treatment. Accompanying the certified copy of the order to | ||||||
26 | undergo treatment shall be the complete copy of any report |
| |||||||
| |||||||
1 | prepared under Section 104-15 of this Code or other report | ||||||
2 | prepared by a forensic examiner for the court; | ||||||
3 | (2) the county and municipality in which the offense | ||||||
4 | was committed; | ||||||
5 | (3) the county and municipality in which the arrest | ||||||
6 | took place; | ||||||
7 | (4) a copy of the arrest report, criminal charges, | ||||||
8 | arrest record; and | ||||||
9 | (5) all additional matters which the Court directs the | ||||||
10 | clerk to transmit. | ||||||
11 | (e) Within 30 days of admission to the designated | ||||||
12 | facility, the person supervising the defendant's treatment | ||||||
13 | shall file with the court, the State, and the defense a report | ||||||
14 | assessing the facility's or program's capacity to provide | ||||||
15 | appropriate treatment for the defendant and indicating his | ||||||
16 | opinion as to the probability of the defendant's attaining | ||||||
17 | fitness within a period of time from the date of the finding of | ||||||
18 | unfitness. For a defendant charged with a felony, the period | ||||||
19 | of time shall be one year. For a defendant charged with a | ||||||
20 | misdemeanor, the period of time shall be no longer than the | ||||||
21 | sentence if convicted of the most serious offense. If the | ||||||
22 | report indicates that there is a substantial probability that | ||||||
23 | the defendant will attain fitness within the time period, the | ||||||
24 | treatment supervisor shall also file a treatment plan which | ||||||
25 | shall include: | ||||||
26 | (1) A diagnosis of the defendant's disability; |
| |||||||
| |||||||
1 | (2) A description of treatment goals with respect to | ||||||
2 | rendering the defendant fit, a specification of the | ||||||
3 | proposed treatment modalities, and an estimated timetable | ||||||
4 | for attainment of the goals; | ||||||
5 | (3) An identification of the person in charge of | ||||||
6 | supervising the defendant's treatment. | ||||||
7 | (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
| ||||||
8 | (725 ILCS 5/106D-1) | ||||||
9 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
10 | television and video conference two-way audio-visual | ||||||
11 | communication system . | ||||||
12 | (a) Whenever the appearance in person in court, in either | ||||||
13 | a civil or criminal proceeding, is required of anyone held in a | ||||||
14 | place of custody or confinement operated by the State or any of | ||||||
15 | its political subdivisions, including counties and | ||||||
16 | municipalities, the chief judge of the circuit by rule may | ||||||
17 | permit the personal appearance to be made by means of a two-way | ||||||
18 | audio-visual communication system , including closed circuit | ||||||
19 | television and computerized video conference, in the following | ||||||
20 | proceedings: | ||||||
21 | (1) the initial appearance before a judge on a | ||||||
22 | criminal complaint , at which bail will be set; as provided | ||||||
23 | in subsection (f) of Section 109-1 ; | ||||||
24 | (2) the waiver of a preliminary hearing; | ||||||
25 | (3) the arraignment on an information or indictment at |
| |||||||
| |||||||
1 | which a plea of not guilty will be entered; | ||||||
2 | (4) the presentation of a jury waiver; | ||||||
3 | (5) any status hearing; | ||||||
4 | (6) any hearing conducted under the Sexually Violent | ||||||
5 | Persons Commitment Act at which no witness testimony will | ||||||
6 | be taken; and | ||||||
7 | (7) at any hearing at which no witness testimony will | ||||||
8 | be taken conducted under the following: | ||||||
9 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
10 | (B) Section 104-22 of this Code (trial with | ||||||
11 | special provisions and assistance); | ||||||
12 | (C) Section 104-25 of this Code (discharge | ||||||
13 | hearing); or | ||||||
14 | (D) Section 5-2-4 of the Unified Code of | ||||||
15 | Corrections (proceedings after acquittal by reason of | ||||||
16 | insanity). | ||||||
17 | (b) The two-way audio-visual communication facilities must | ||||||
18 | provide two-way audio-visual communication between the court | ||||||
19 | and the place of custody or confinement, and must include a | ||||||
20 | secure line over which the person in custody and his or her | ||||||
21 | counsel, if any, may communicate. | ||||||
22 | (c) Nothing in this Section shall be construed to prohibit | ||||||
23 | other court appearances through the use of a two-way | ||||||
24 | audio-visual communication , upon waiver of any right the | ||||||
25 | person in custody or confinement may have to be present | ||||||
26 | physically. system if the person in custody or confinement |
| |||||||
| |||||||
1 | waives the right to be present physically in court, the court | ||||||
2 | determines that the physical health and safety of any person | ||||||
3 | necessary to the proceedings would be endangered by appearing | ||||||
4 | in court, or the chief judge of the circuit orders use of that | ||||||
5 | system due to operational challenges in conducting the hearing | ||||||
6 | in person. Such operational challenges must be documented and | ||||||
7 | approved by the chief judge of the circuit, and a plan to | ||||||
8 | address the challenges through reasonable efforts must be | ||||||
9 | presented and approved by the Administrative Office of the | ||||||
10 | Illinois Courts every 6 months. | ||||||
11 | (d) Nothing in this Section shall be construed to | ||||||
12 | establish a right of any person held in custody or confinement | ||||||
13 | to appear in court through a two-way audio-visual | ||||||
14 | communication system or to require that any governmental | ||||||
15 | entity, or place of custody or confinement, provide a two-way | ||||||
16 | audio-visual communication system . | ||||||
17 | (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; | ||||||
18 | 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
| ||||||
19 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4) | ||||||
20 | Sec. 107-4. Arrest by peace officer from other | ||||||
21 | jurisdiction. | ||||||
22 | (a) As used in this Section: | ||||||
23 | (1) "State" means any State of the United States and | ||||||
24 | the District of Columbia. | ||||||
25 | (2) "Peace Officer" means any peace officer or member |
| |||||||
| |||||||
1 | of any duly organized State, County, or Municipal peace | ||||||
2 | unit, any police force of another State, the United States | ||||||
3 | Department of Defense, or any police force whose members, | ||||||
4 | by statute, are granted and authorized to exercise powers | ||||||
5 | similar to those conferred upon any peace officer employed | ||||||
6 | by a law enforcement agency of this State. | ||||||
7 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
8 | person who is endeavoring to avoid arrest. | ||||||
9 | (4) "Law enforcement agency" means a municipal police | ||||||
10 | department or county sheriff's office of this State. | ||||||
11 | (a-3) Any peace officer employed by a law enforcement | ||||||
12 | agency of this State may conduct temporary questioning | ||||||
13 | pursuant to Section 107-14 of this Code and may make arrests in | ||||||
14 | any jurisdiction within this State: (1) if the officer is | ||||||
15 | engaged in the investigation of criminal activity that | ||||||
16 | occurred in the officer's primary jurisdiction and the | ||||||
17 | temporary questioning or arrest relates to, arises from, or is | ||||||
18 | conducted pursuant to that investigation; or (2) if the | ||||||
19 | officer, while on duty as a peace officer, becomes personally | ||||||
20 | aware of the immediate commission of a felony or misdemeanor | ||||||
21 | violation of the laws of this State; or (3) if the officer, | ||||||
22 | while on duty as a peace officer, is requested by an | ||||||
23 | appropriate State or local law enforcement official to render | ||||||
24 | aid or assistance to the requesting law enforcement agency | ||||||
25 | that is outside the officer's primary jurisdiction; or (4) in | ||||||
26 | accordance with Section 2605-580 of the Illinois State Police |
| |||||||
| |||||||
1 | Law of the Civil Administrative Code of Illinois. While acting | ||||||
2 | pursuant to this subsection, an officer has the same authority | ||||||
3 | as within his or her own jurisdiction. | ||||||
4 | (a-7) The law enforcement agency of the county or | ||||||
5 | municipality in which any arrest is made under this Section | ||||||
6 | shall be immediately notified of the arrest. | ||||||
7 | (b) Any peace officer of another State who enters this | ||||||
8 | State in fresh pursuit and continues within this State in | ||||||
9 | fresh pursuit of a person in order to arrest him on the ground | ||||||
10 | that he has committed an offense in the other State has the | ||||||
11 | same authority to arrest and hold the person in custody as | ||||||
12 | peace officers of this State have to arrest and hold a person | ||||||
13 | in custody on the ground that he has committed an offense in | ||||||
14 | this State. | ||||||
15 | (c) If an arrest is made in this State by a peace officer | ||||||
16 | of another State in accordance with the provisions of this | ||||||
17 | Section he shall without unnecessary delay take the person | ||||||
18 | arrested before the circuit court of the county in which the | ||||||
19 | arrest was made. Such court shall conduct a hearing for the | ||||||
20 | purpose of determining the lawfulness of the arrest. If the | ||||||
21 | court determines that the arrest was lawful it shall commit | ||||||
22 | the person arrested, to await for a reasonable time the | ||||||
23 | issuance of an extradition warrant by the Governor of this | ||||||
24 | State, or admit him to bail pretrial release for such purpose. | ||||||
25 | If the court determines that the arrest was unlawful it shall | ||||||
26 | discharge the person arrested. |
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
2 | 102-813, eff. 5-13-22 .)
| ||||||
3 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9) | ||||||
4 | Sec. 107-9. Issuance of arrest warrant upon complaint. | ||||||
5 | (a) When a complaint is presented to a court charging that | ||||||
6 | an offense has been committed, it shall examine upon oath or | ||||||
7 | affirmation the complainant or any witnesses. | ||||||
8 | (b) The complaint shall be in writing and shall: | ||||||
9 | (1) State the name of the accused if known, and if not | ||||||
10 | known the accused may be designated by any name or | ||||||
11 | description by which he can be identified with reasonable | ||||||
12 | certainty; | ||||||
13 | (2) State the offense with which the accused is | ||||||
14 | charged; | ||||||
15 | (3) State the time and place of the offense as | ||||||
16 | definitely as can be done by the complainant; and | ||||||
17 | (4) Be subscribed and sworn to by the complainant. | ||||||
18 | (b-5) If an arrest warrant or summons is sought and the | ||||||
19 | request is made by electronic means that has a simultaneous | ||||||
20 | video and audio transmission between the requester and a | ||||||
21 | judge, the judge may issue an arrest warrant or summons based | ||||||
22 | upon a sworn complaint or sworn testimony communicated in the | ||||||
23 | transmission. | ||||||
24 | (c) A warrant shall or summons may be issued by the court | ||||||
25 | for the arrest or appearance of the person complained against |
| |||||||
| |||||||
1 | if it appears from the contents of the complaint and the | ||||||
2 | examination of the complainant or other witnesses, if any, | ||||||
3 | that the person against whom the complaint was made has | ||||||
4 | committed an offense. | ||||||
5 | (d) The warrant of arrest or summons shall: | ||||||
6 | (1) Be in writing; | ||||||
7 | (2) Specify the name, sex and birth date of the person | ||||||
8 | to be arrested or summoned or, if his name, sex or birth | ||||||
9 | date is unknown, shall designate such person by any name | ||||||
10 | or description by which the person can be identified with | ||||||
11 | reasonable certainty; | ||||||
12 | (3) Set forth the nature of the offense; | ||||||
13 | (4) State the date when issued and the municipality or | ||||||
14 | county where issued; | ||||||
15 | (5) Be signed by the judge of the court with the title | ||||||
16 | of the judge's office; and | ||||||
17 | (6) Command that the person against whom the complaint | ||||||
18 | was made to be arrested and brought before the court | ||||||
19 | issuing the warrant or if he is absent or unable to act | ||||||
20 | before the nearest or most accessible court in the same | ||||||
21 | county issuing the warrant or the nearest or most | ||||||
22 | accessible court in the same county, or appear before the | ||||||
23 | court at a certain time and place ; | ||||||
24 | (7) Specify the amount of bail conditions of pretrial | ||||||
25 | release, if any ; and | ||||||
26 | (8) Specify any geographical limitation placed on the |
| |||||||
| |||||||
1 | execution of the warrant , if any, but such limitation | ||||||
2 | shall not be expressed in mileage. | ||||||
3 | (e) The summons may be served in the same manner as the | ||||||
4 | summons in a civil action, except that a police officer may | ||||||
5 | serve a summons for a violation of an ordinance occurring | ||||||
6 | within the municipality of the police officer. | ||||||
7 | (f) If the person summoned fails to appear by the date | ||||||
8 | required or cannot be located to serve the summons, a warrant | ||||||
9 | may be issued by the court for the arrest of the person | ||||||
10 | complained against. | ||||||
11 | (g) A warrant of arrest issued under this Section shall | ||||||
12 | incorporate the information included in the summons, and shall | ||||||
13 | comply with the following: | ||||||
14 | (1) The arrest warrant shall specify any geographic | ||||||
15 | limitation placed on the execution of the warrant, but | ||||||
16 | such limitation shall not be expressed in mileage. | ||||||
17 | (e) (2) The arrest warrant shall be directed to all peace | ||||||
18 | officers in the State. It shall be executed by the peace | ||||||
19 | officer, or by a private person specially named therein, at | ||||||
20 | any location within the geographic limitation for execution | ||||||
21 | placed on the warrant. If no geographic limitation is placed | ||||||
22 | on the warrant, then it may be executed anywhere in the State. | ||||||
23 | (f) (h) The arrest warrant or summons may be issued | ||||||
24 | electronically or electromagnetically by use of electronic | ||||||
25 | mail or a facsimile transmission machine and any such arrest | ||||||
26 | warrant or summons shall have the same validity as a written |
| |||||||
| |||||||
1 | arrest warrant or summons . | ||||||
2 | (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
3 | 102-1104, eff. 1-1-23.)
| ||||||
4 | (725 ILCS 5/107-11) (from Ch. 38, par. 107-11) | ||||||
5 | Sec. 107-11. When summons may be issued. | ||||||
6 | (a) When authorized to issue a warrant of arrest, a court | ||||||
7 | may instead issue a summons. | ||||||
8 | (b) The summons shall: | ||||||
9 | (1) Be in writing; | ||||||
10 | (2) State the name of the person summoned and his or | ||||||
11 | her address, if known; | ||||||
12 | (3) Set forth the nature of the offense; | ||||||
13 | (4) State the date when issued and the municipality or | ||||||
14 | county where issued; | ||||||
15 | (5) Be signed by the judge of the court with the title | ||||||
16 | of his or her office; and | ||||||
17 | (6) Command the person to appear before a court at a | ||||||
18 | certain time and place. | ||||||
19 | (c) The summons may be served in the same manner as the | ||||||
20 | summons in a civil action or by certified or regular mail , | ||||||
21 | except that police officers may serve summons for violations | ||||||
22 | of ordinances occurring within their municipalities. | ||||||
23 | (Source: P.A. 102-1104, eff. 12-6-22.)
| ||||||
24 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1) |
| |||||||
| |||||||
1 | Sec. 109-1. Person arrested ; release from law enforcement | ||||||
2 | custody and court appearance; geographic constraints prevent | ||||||
3 | in-person appearances . | ||||||
4 | (a) A person arrested with or without a warrant for an | ||||||
5 | offense for which pretrial release may be denied under | ||||||
6 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
7 | without unnecessary delay before the nearest and most | ||||||
8 | accessible judge in that county, except when such county is a | ||||||
9 | participant in a regional jail authority, in which event such | ||||||
10 | person may be taken to the nearest and most accessible judge, | ||||||
11 | irrespective of the county where such judge presides, within | ||||||
12 | 48 hours, and a charge shall be filed. Whenever a person | ||||||
13 | arrested either with or without a warrant is required to be | ||||||
14 | taken before a judge, a charge may be filed against such person | ||||||
15 | by way of a two-way closed circuit television system | ||||||
16 | audio-visual communication system , except that a hearing to | ||||||
17 | deny pretrial release bail to the defendant may not be | ||||||
18 | conducted by way of closed circuit television two-way | ||||||
19 | audio-visual communication system unless the accused waives | ||||||
20 | the right to be present physically in court, the court | ||||||
21 | determines that the physical health and safety of any person | ||||||
22 | necessary to the proceedings would be endangered by appearing | ||||||
23 | in court, or the chief judge of the circuit orders use of that | ||||||
24 | system due to operational challenges in conducting the hearing | ||||||
25 | in person. Such operational challenges must be documented and | ||||||
26 | approved by the chief judge of the circuit, and a plan to |
| |||||||
| |||||||
1 | address the challenges through reasonable efforts must be | ||||||
2 | presented and approved by the Administrative Office of the | ||||||
3 | Illinois Courts every 6 months. . | ||||||
4 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
5 | custodial arrest, upon proper identification, for those | ||||||
6 | accused of any offense that is not a felony or Class A | ||||||
7 | misdemeanor unless (i) a law enforcement officer reasonably | ||||||
8 | believes the accused poses a threat to the community or any | ||||||
9 | person, (ii) a custodial arrest is necessary because the | ||||||
10 | criminal activity persists after the issuance of a citation, | ||||||
11 | or (iii) the accused has an obvious medical or mental health | ||||||
12 | issue that poses a risk to the accused's own safety. Nothing in | ||||||
13 | this Section requires arrest in the case of Class A | ||||||
14 | misdemeanor and felony offenses, or otherwise limits existing | ||||||
15 | law enforcement discretion to decline to effect a custodial | ||||||
16 | arrest. | ||||||
17 | (a-3) A person arrested with or without a warrant for an | ||||||
18 | offense for which pretrial release may not be denied may, | ||||||
19 | except as otherwise provided in this Code, be released by a law | ||||||
20 | enforcement officer without appearing before a judge. A | ||||||
21 | presumption in favor of pretrial release shall be applied by | ||||||
22 | an arresting officer in the exercise of his or her discretion | ||||||
23 | under this Section. | ||||||
24 | (a-5) A person charged with an offense shall be allowed | ||||||
25 | counsel at the hearing at which pretrial release bail is | ||||||
26 | determined under Article 110 of this Code. If the defendant |
| |||||||
| |||||||
1 | desires counsel for his or her initial appearance but is | ||||||
2 | unable to obtain counsel, the court shall appoint a public | ||||||
3 | defender or licensed attorney at law of this State to | ||||||
4 | represent him or her for purposes of that hearing . | ||||||
5 | (b) Upon initial appearance of a person before the court, | ||||||
6 | the The judge shall: | ||||||
7 | (1) inform the defendant of the charge against him and | ||||||
8 | shall provide him with a copy of the charge; | ||||||
9 | (2) advise the defendant of his right to counsel and | ||||||
10 | if indigent shall appoint a public defender or licensed | ||||||
11 | attorney at law of this State to represent him in | ||||||
12 | accordance with the provisions of Section 113-3 of this | ||||||
13 | Code; | ||||||
14 | (3) schedule a preliminary hearing in appropriate | ||||||
15 | cases; | ||||||
16 | (4) admit the defendant to pretrial release bail in | ||||||
17 | accordance with the provisions of Article 110/5 110 of | ||||||
18 | this Code , or upon verified petition of the State, proceed | ||||||
19 | with the setting of a detention hearing as provided in | ||||||
20 | Section 110-6.1 ; and | ||||||
21 | (5) order Order the confiscation of the person's | ||||||
22 | passport or impose travel restrictions on a defendant | ||||||
23 | arrested for first degree murder or other violent crime as | ||||||
24 | defined in Section 3 of the Rights of Crime Victims and | ||||||
25 | Witnesses Act, if the judge determines, based on the | ||||||
26 | factors in Section 110-5 of this Code, that this will |
| |||||||
| |||||||
1 | reasonably ensure the appearance of the defendant and | ||||||
2 | compliance by the defendant with all conditions of | ||||||
3 | release. | ||||||
4 | (c) The court may issue an order of protection in | ||||||
5 | accordance with the provisions of Article 112A of this Code. | ||||||
6 | Crime victims shall be given notice by the State's Attorney's | ||||||
7 | office of this hearing as required in paragraph (2) of | ||||||
8 | subsection (b) of the Rights of Crime Victims and Witnesses | ||||||
9 | Act and shall be informed of their opportunity at this hearing | ||||||
10 | to obtain an order of protection under Article 112A of this | ||||||
11 | Code. | ||||||
12 | (d) At the initial appearance of a defendant in any | ||||||
13 | criminal proceeding, the court must advise the defendant in | ||||||
14 | open court that any foreign national who is arrested or | ||||||
15 | detained has the right to have notice of the arrest or | ||||||
16 | detention given to his or her country's consular | ||||||
17 | representatives and the right to communicate with those | ||||||
18 | consular representatives if the notice has not already been | ||||||
19 | provided. The court must make a written record of so advising | ||||||
20 | the defendant. | ||||||
21 | (e) If consular notification is not provided to a | ||||||
22 | defendant before his or her first appearance in court, the | ||||||
23 | court shall grant any reasonable request for a continuance of | ||||||
24 | the proceedings to allow contact with the defendant's | ||||||
25 | consulate. Any delay caused by the granting of the request by a | ||||||
26 | defendant shall temporarily suspend for the time of the delay |
| |||||||
| |||||||
1 | the period within which a person shall be tried as prescribed | ||||||
2 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
3 | and on the day of the expiration of delay the period shall | ||||||
4 | continue at the point at which it was suspended. | ||||||
5 | (f) At the hearing at which conditions of pretrial release | ||||||
6 | are determined, the person charged shall be present in person | ||||||
7 | rather than by two-way audio-video communication system unless | ||||||
8 | the accused waives the right to be present physically in | ||||||
9 | court, the court determines that the physical health and | ||||||
10 | safety of any person necessary to the proceedings would be | ||||||
11 | endangered by appearing in court, or the chief judge of the | ||||||
12 | circuit orders use of that system due to operational | ||||||
13 | challenges in conducting the hearing in person. Such | ||||||
14 | operational challenges must be documented and approved by the | ||||||
15 | chief judge of the circuit, and a plan to address the | ||||||
16 | challenges through reasonable efforts must be presented and | ||||||
17 | approved by the Administrative Office of the Illinois Courts | ||||||
18 | every 6 months. | ||||||
19 | (g) Defense counsel shall be given adequate opportunity to | ||||||
20 | confer with the defendant prior to any hearing in which | ||||||
21 | conditions of release or the detention of the defendant is to | ||||||
22 | be considered, with a physical accommodation made to | ||||||
23 | facilitate attorney/client consultation. If defense counsel | ||||||
24 | needs to confer or consult with the defendant during any | ||||||
25 | hearing conducted via a two-way audio-visual communication | ||||||
26 | system, such consultation shall not be recorded and shall be |
| |||||||
| |||||||
1 | undertaken consistent with constitutional protections. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
3 | 102-1104, eff. 1-1-23.)
| ||||||
4 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2) | ||||||
5 | Sec. 109-2. Person arrested in another county. | ||||||
6 | (a) Any person arrested in a county other than the one in | ||||||
7 | which a warrant for his arrest was issued shall be taken | ||||||
8 | without unnecessary delay before the nearest and most | ||||||
9 | accessible judge in the county where the arrest was made or, if | ||||||
10 | no additional delay is created, before the nearest and most | ||||||
11 | accessible judge in the county from which the warrant was | ||||||
12 | issued. He shall be admitted to bail in the amount specified in | ||||||
13 | the warrant or, for offenses other than felonies, in an amount | ||||||
14 | as set by the judge, and such bail shall be conditioned on his | ||||||
15 | appearing in the court issuing the warrant on a certain date. | ||||||
16 | The judge may hold a hearing to determine if the defendant is | ||||||
17 | the same person as named in the warrant. | ||||||
18 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
19 | person arrested in a county other than the one in which a | ||||||
20 | warrant for his arrest was issued, may waive the right to be | ||||||
21 | taken before a judge in the county where the arrest was made. | ||||||
22 | If a person so arrested waives such right, the arresting | ||||||
23 | agency shall surrender such person to a law enforcement agency | ||||||
24 | of the county that issued the warrant without unnecessary | ||||||
25 | delay. The provisions of Section 109-1 shall then apply to the |
| |||||||
| |||||||
1 | person so arrested. | ||||||
2 | (c) If a person is taken before a judge in any county and a | ||||||
3 | warrant for arrest issued by another Illinois county exists | ||||||
4 | for that person, the court in the arresting county shall hold | ||||||
5 | for that person a detention hearing under Section 110-6.1, or | ||||||
6 | other hearing under Section 110-5 or Section 110-6. | ||||||
7 | (d) After the court in the arresting county has determined | ||||||
8 | whether the person shall be released or detained on the | ||||||
9 | arresting offense, the court shall then order the sheriff to | ||||||
10 | immediately contact the sheriff in any county where any | ||||||
11 | warrant is outstanding and notify them of the arrest of the | ||||||
12 | individual. | ||||||
13 | (e) If a person has a warrant in another county for an | ||||||
14 | offense, then, no later than 5 calendar days after the end of | ||||||
15 | any detention issued on the charge in the arresting county, | ||||||
16 | the county where the warrant is outstanding shall do one of the | ||||||
17 | following: | ||||||
18 | (1) transport the person to the county where the | ||||||
19 | warrant was issued for a hearing under Section 110-6 or | ||||||
20 | 110-6.1 in the matter for which the warrant was issued; or | ||||||
21 | (2) quash the warrant and order the person released on | ||||||
22 | the case for which the warrant was issued only when the | ||||||
23 | county that issued the warrant fails to transport the | ||||||
24 | defendant in the timeline as proscribed. | ||||||
25 | (f) If the issuing county fails to take any action under | ||||||
26 | subsection (e) within 5 calendar days, the defendant shall be |
| |||||||
| |||||||
1 | released from custody on the warrant, and the circuit judge or | ||||||
2 | associate circuit judge in the county of arrest shall set | ||||||
3 | conditions of release under Section 110-5 and shall admit the | ||||||
4 | defendant to pretrial release for his or her appearance before | ||||||
5 | the court named in the warrant. Upon releasing the defendant, | ||||||
6 | the circuit judge or associate circuit judge shall certify | ||||||
7 | such a fact on the warrant and deliver the warrant and the | ||||||
8 | acknowledgment by the defendant of his or her receiving the | ||||||
9 | conditions of pretrial release to the officer having charge of | ||||||
10 | the defendant from arrest and without delay deliver such | ||||||
11 | warrant and such acknowledgment by the defendant of his or her | ||||||
12 | receiving the conditions to the court before which the | ||||||
13 | defendant is required to appear. | ||||||
14 | (g) If a person has a warrant in another county, in lieu of | ||||||
15 | transporting the person to the issuing county as outlined in | ||||||
16 | subsection (e), the issuing county may hold the hearing by way | ||||||
17 | of a two-way audio-visual communication system if the accused | ||||||
18 | waives the right to be physically present in court, the court | ||||||
19 | determines that the physical health and safety of any person | ||||||
20 | necessary to the proceedings would be endangered by appearing | ||||||
21 | in court, or the chief judge of the circuit orders use of that | ||||||
22 | system due to operational challenges in conducting the hearing | ||||||
23 | in person. Such operational challenges must be documented and | ||||||
24 | approved by the chief judge of the circuit, and a plan to | ||||||
25 | address the challenges through reasonable efforts must be | ||||||
26 | presented and approved by the Administrative Office of the |
| |||||||
| |||||||
1 | Illinois Courts every 6 months. | ||||||
2 | (h) If more than 2 Illinois county warrants exist, the | ||||||
3 | judge in the county of arrest shall order that the process | ||||||
4 | described in subsections (d) through (f) occur in each county | ||||||
5 | in whatever order the judge finds most appropriate. Each judge | ||||||
6 | in each subsequent county shall then follow the rules in this | ||||||
7 | Section. | ||||||
8 | (i) This Section applies only to warrants issued by | ||||||
9 | Illinois state, county, or municipal courts. | ||||||
10 | (j) When an issuing agency is contacted by an out-of-state | ||||||
11 | agency of a person arrested for any offense, or when an | ||||||
12 | arresting agency is contacted by or contacts an out-of-state | ||||||
13 | issuing agency, the Uniform Criminal Extradition Act shall | ||||||
14 | govern. | ||||||
15 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
16 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3) | ||||||
17 | Sec. 109-3. Preliminary examination. | ||||||
18 | (a) The judge shall hold the defendant to answer to the | ||||||
19 | court having jurisdiction of the offense if from the evidence | ||||||
20 | it appears there is probable cause to believe an offense has | ||||||
21 | been committed by the defendant, as provided in Section | ||||||
22 | 109-3.1 of this Code, if the offense is a felony. | ||||||
23 | (b) If the defendant waives preliminary examination the | ||||||
24 | judge shall hold him to answer and may, or on the demand of the | ||||||
25 | prosecuting attorney shall, cause the witnesses for the State |
| |||||||
| |||||||
1 | to be examined. After hearing the testimony if it appears that | ||||||
2 | there is not probable cause to believe the defendant guilty of | ||||||
3 | any offense the judge shall discharge him. | ||||||
4 | (c) During the examination of any witness or when the | ||||||
5 | defendant is making a statement or testifying the judge may | ||||||
6 | and on the request of the defendant or State shall exclude all | ||||||
7 | other witnesses. He may also cause the witnesses to be kept | ||||||
8 | separate and to be prevented from communicating with each | ||||||
9 | other until all are examined. | ||||||
10 | (d) If the defendant is held to answer the judge may | ||||||
11 | require any material witness for the State or defendant to | ||||||
12 | enter into a written undertaking to appear at the trial , and | ||||||
13 | may provide for the forfeiture of a sum certain in the event | ||||||
14 | the witness does not appear at the trial . Any witness who | ||||||
15 | refuses to execute a recognizance may be committed by the | ||||||
16 | judge to the custody of the sheriff until trial or further | ||||||
17 | order of the court having jurisdiction of the cause. Any | ||||||
18 | witness who executes a recognizance and fails to comply with | ||||||
19 | its terms shall, in addition to any forfeiture provided in the | ||||||
20 | recognizance, be subject to the penalty provided in Section | ||||||
21 | 32-10 of the Criminal Code of 2012 for violation of bail bond | ||||||
22 | commits a Class C misdemeanor . | ||||||
23 | (e) During preliminary hearing or examination the | ||||||
24 | defendant may move for an order of suppression of evidence | ||||||
25 | pursuant to Section 114-11 or 114-12 of this Act or for other | ||||||
26 | reasons, and may move for dismissal of the charge pursuant to |
| |||||||
| |||||||
1 | Section 114-1 of this Act or for other reasons. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
3 | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1) | ||||||
4 | Sec. 109-3.1. Persons charged with felonies. | ||||||
5 | (a) In any case involving a person charged with a felony in | ||||||
6 | this State, alleged to have been committed on or after January | ||||||
7 | 1, 1984, the provisions of this Section shall apply. | ||||||
8 | (b) Every person in custody in this State for the alleged | ||||||
9 | commission of a felony shall receive either a preliminary | ||||||
10 | examination as provided in Section 109-3 or an indictment by | ||||||
11 | Grand Jury as provided in Section 111-2, within 30 days from | ||||||
12 | the date he or she was taken into custody. Every person on bail | ||||||
13 | or recognizance released pretrial for the alleged commission | ||||||
14 | of a felony shall receive either a preliminary examination as | ||||||
15 | provided in Section 109-3 or an indictment by Grand Jury as | ||||||
16 | provided in Section 111-2, within 60 days from the date he or | ||||||
17 | she was arrested. | ||||||
18 | The provisions of this paragraph shall not apply in the | ||||||
19 | following situations: | ||||||
20 | (1) when delay is occasioned by the defendant; or | ||||||
21 | (2) when the defendant has been indicted by the Grand | ||||||
22 | Jury on the felony offense for which he or she was | ||||||
23 | initially taken into custody or on an offense arising from | ||||||
24 | the same transaction or conduct of the defendant that was | ||||||
25 | the basis for the felony offense or offenses initially |
| |||||||
| |||||||
1 | charged; or | ||||||
2 | (3) when a competency examination is ordered by the | ||||||
3 | court; or | ||||||
4 | (4) when a competency hearing is held; or | ||||||
5 | (5) when an adjudication of incompetency for trial has | ||||||
6 | been made; or | ||||||
7 | (6) when the case has been continued by the court | ||||||
8 | under Section 114-4 of this Code after a determination | ||||||
9 | that the defendant is physically incompetent to stand | ||||||
10 | trial. | ||||||
11 | (c) Delay occasioned by the defendant shall temporarily | ||||||
12 | suspend, for the time of the delay, the period within which the | ||||||
13 | preliminary examination must be held. On the day of expiration | ||||||
14 | of the delay the period in question shall continue at the point | ||||||
15 | at which it was suspended. | ||||||
16 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
17 | (725 ILCS 5/Art. 110 heading) | ||||||
18 | ARTICLE 110. BAIL PRETRIAL RELEASE | ||||||
19 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1) | ||||||
20 | Sec. 110-1. Definitions. As used in this Article: | ||||||
21 | (a) (Blank). | ||||||
22 | "Security" is that which is required to be pledged to | ||||||
23 | insure the payment of bail. | ||||||
24 | (b) "Sureties" encompasses the monetary and nonmonetary |
| |||||||
| |||||||
1 | requirements set by the court as conditions for release either | ||||||
2 | before or after conviction. "Surety" is one who executes a | ||||||
3 | bail bond and binds himself to pay the bail if the person in | ||||||
4 | custody fails to comply with all conditions of the bail bond. | ||||||
5 | (c) The phrase "for which a sentence of imprisonment, | ||||||
6 | without conditional and revocable release, shall be imposed by | ||||||
7 | law as a consequence of conviction" means an offense for which | ||||||
8 | a sentence of imprisonment in the Department of Corrections , | ||||||
9 | without probation, periodic imprisonment or conditional | ||||||
10 | discharge, is required by law upon conviction. | ||||||
11 | "Real and present threat to the physical safety of any | ||||||
12 | person or persons", as used in this Article, includes a threat | ||||||
13 | to the community, person, persons or class of persons. | ||||||
14 | (d)(Blank). | ||||||
15 | (e) "Protective order" means any order of protection | ||||||
16 | issued under Section 112A-14 of this Code or the Illinois | ||||||
17 | Domestic Violence Act of 1986, a stalking no contact order | ||||||
18 | issued under Section 80 of the Stalking No Contact Order Act, | ||||||
19 | or a civil no contact order issued under Section 213 of the | ||||||
20 | Civil No Contact Order Act. | ||||||
21 | (f) "Willful flight" means intentional conduct with a | ||||||
22 | purpose to thwart the judicial process to avoid prosecution. | ||||||
23 | Isolated instances of nonappearance in court alone are not | ||||||
24 | evidence of the risk of willful flight. Reoccurrence and | ||||||
25 | patterns of intentional conduct to evade prosecution, along | ||||||
26 | with any affirmative steps to communicate or remedy any such |
| |||||||
| |||||||
1 | missed court date, may be considered as factors in assessing | ||||||
2 | future intent to evade prosecution. | ||||||
3 | (Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23; | ||||||
4 | 103-154, eff. 6-30-23.)
| ||||||
5 | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2) | ||||||
6 | Sec. 110-2. Release on own recognizance Pretrial release . | ||||||
7 | When from all the circumstances the court is of the opinion | ||||||
8 | that the defendant will appear as required either before or | ||||||
9 | after conviction and the defendant will not pose a danger to | ||||||
10 | any person or the community and that the defendant will comply | ||||||
11 | with all conditions of bond, which shall include the | ||||||
12 | defendant's current address with a written admonishment to the | ||||||
13 | defendant that he or she must comply with the provisions of | ||||||
14 | Section 110-12 of this Code regarding any change in his or her | ||||||
15 | address, the defendant may be released on his or her own | ||||||
16 | recognizance. The defendant's address shall at all times | ||||||
17 | remain a matter of public record with the clerk of the court. A | ||||||
18 | failure to appear as required by such recognizance shall | ||||||
19 | constitute an offense subject to the penalty provided in | ||||||
20 | Section 32-10 of the Criminal Code of 2012 for violation of the | ||||||
21 | bail bond, and any obligated sum fixed in the recognizance | ||||||
22 | shall be forfeited and collected in accordance with subsection | ||||||
23 | (g) of Section 110-7.1 of this Code. | ||||||
24 | This Section shall be liberally construed to effectuate | ||||||
25 | the purpose of relying upon contempt of court proceedings or |
| |||||||
| |||||||
1 | criminal sanctions instead of financial loss to assure the | ||||||
2 | appearance of the defendant, and that the defendant will not | ||||||
3 | pose a danger to any person or the community and that the | ||||||
4 | defendant will comply with all conditions of bond. Monetary | ||||||
5 | bail should be set only when it is determined that no other | ||||||
6 | conditions of release will reasonably assure the defendant's | ||||||
7 | appearance in court, that the defendant does not present a | ||||||
8 | danger to any person or the community and that the defendant | ||||||
9 | will comply with all conditions of bond. | ||||||
10 | The State may appeal any order permitting release by | ||||||
11 | personal recognizance. | ||||||
12 | (a) All persons charged with an offense shall be eligible | ||||||
13 | for pretrial release before conviction. It is presumed that a | ||||||
14 | defendant is entitled to release on personal recognizance on | ||||||
15 | the condition that the defendant attend all required court | ||||||
16 | proceedings and the defendant does not commit any criminal | ||||||
17 | offense, and complies with all terms of pretrial release, | ||||||
18 | including, but not limited to, orders of protection under both | ||||||
19 | Section 112A-4 of this Code and Section 214 of the Illinois | ||||||
20 | Domestic Violence Act of 1986, all civil no contact orders, | ||||||
21 | and all stalking no contact orders. Pretrial release may be | ||||||
22 | denied only if a person is charged with an offense listed in | ||||||
23 | Section 110-6.1 and after the court has held a hearing under | ||||||
24 | Section 110-6.1, and in a manner consistent with subsections | ||||||
25 | (b), (c), and (d) of this Section. | ||||||
26 | (b) At all pretrial hearings, the prosecution shall have |
| |||||||
| |||||||
1 | the burden to prove by clear and convincing evidence that any | ||||||
2 | condition of release is necessary. | ||||||
3 | (c) When it is alleged that pretrial release should be | ||||||
4 | denied to a person upon the grounds that the person presents a | ||||||
5 | real and present threat to the safety of any person or persons | ||||||
6 | or the community, based on the specific articulable facts of | ||||||
7 | the case, the burden of proof of such allegations shall be upon | ||||||
8 | the State. | ||||||
9 | (d) When it is alleged that pretrial release should be | ||||||
10 | denied to a person charged with stalking or aggravated | ||||||
11 | stalking upon the grounds set forth in Section 110-6.3, the | ||||||
12 | burden of proof of those allegations shall be upon the State. | ||||||
13 | (e) This Section shall be liberally construed to | ||||||
14 | effectuate the purpose of relying on pretrial release by | ||||||
15 | nonmonetary means to reasonably ensure an eligible person's | ||||||
16 | appearance in court, the protection of the safety of any other | ||||||
17 | person or the community, that the person will not attempt or | ||||||
18 | obstruct the criminal justice process, and the person's | ||||||
19 | compliance with all conditions of release, while authorizing | ||||||
20 | the court, upon motion of a prosecutor, to order pretrial | ||||||
21 | detention of the person under Section 110-6.1 when it finds | ||||||
22 | clear and convincing evidence that no condition or combination | ||||||
23 | of conditions can reasonably ensure the effectuation of these | ||||||
24 | goals. | ||||||
25 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-3.1 new) | ||||||
2 | Sec. 110-3.1. Issuance of warrant. | ||||||
3 | (a) Upon failure to comply with any condition of a bail | ||||||
4 | bond or recognizance the court having jurisdiction at the time | ||||||
5 | of such failure may, in addition to any other action provided | ||||||
6 | by law, issue a warrant for the arrest of the person at liberty | ||||||
7 | on bail or his own recognizance. The contents of such a warrant | ||||||
8 | shall be the same as required for an arrest warrant issued upon | ||||||
9 | complaint. When a defendant is at liberty on bail or his own | ||||||
10 | recognizance on a felony charge and fails to appear in court as | ||||||
11 | directed, the court shall issue a warrant for the arrest of | ||||||
12 | such person. Such warrant shall be noted with a directive to | ||||||
13 | peace officers to arrest the person and hold such person | ||||||
14 | without bail and to deliver such person before the court for | ||||||
15 | further proceedings. | ||||||
16 | (b) A defendant who is arrested or surrenders within 30 | ||||||
17 | days of the issuance of such warrant shall not be bailable in | ||||||
18 | the case in question unless he shows by the preponderance of | ||||||
19 | the evidence that his failure to appear was not intentional.
| ||||||
20 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5) | ||||||
21 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
22 | of release. | ||||||
23 | (a) In determining the amount of monetary bail or | ||||||
24 | conditions of release, if any, which will reasonably assure | ||||||
25 | the appearance of a defendant as required or the safety of any |
| |||||||
| |||||||
1 | other person or the community and the likelihood of compliance | ||||||
2 | by the defendant with all the conditions of bail, the court | ||||||
3 | shall, on the basis of available information, take into | ||||||
4 | account such matters as the nature and circumstances of the | ||||||
5 | offense charged, whether the evidence shows that as part of | ||||||
6 | the offense there was a use of violence or threatened use of | ||||||
7 | violence, whether the offense involved corruption of public | ||||||
8 | officials or employees, whether there was physical harm or | ||||||
9 | threats of physical harm to any public official, public | ||||||
10 | employee, judge, prosecutor, juror or witness, senior citizen, | ||||||
11 | child, or person with a disability, whether evidence shows | ||||||
12 | that during the offense or during the arrest the defendant | ||||||
13 | possessed or used a firearm, machine gun, explosive or metal | ||||||
14 | piercing ammunition or explosive bomb device or any military | ||||||
15 | or paramilitary armament, whether the evidence shows that the | ||||||
16 | offense committed was related to or in furtherance of the | ||||||
17 | criminal activities of an organized gang or was motivated by | ||||||
18 | the defendant's membership in or allegiance to an organized | ||||||
19 | gang, the condition of the victim, any written statement | ||||||
20 | submitted by the victim or proffer or representation by the | ||||||
21 | State regarding the impact which the alleged criminal conduct | ||||||
22 | has had on the victim and the victim's concern, if any, with | ||||||
23 | further contact with the defendant if released on bail, | ||||||
24 | whether the offense was based on racial, religious, sexual | ||||||
25 | orientation or ethnic hatred, the likelihood of the filing of | ||||||
26 | a greater charge, the likelihood of conviction, the sentence |
| |||||||
| |||||||
1 | applicable upon conviction, the weight of the evidence against | ||||||
2 | such defendant, whether there exists motivation or ability to | ||||||
3 | flee, whether there is any verification as to prior residence, | ||||||
4 | education, or family ties in the local jurisdiction, in | ||||||
5 | another county, state or foreign country, the defendant's | ||||||
6 | employment, financial resources, character and mental | ||||||
7 | condition, past conduct, prior use of alias names or dates of | ||||||
8 | birth, and length of residence in the community, the consent | ||||||
9 | of the defendant to periodic drug testing in accordance with | ||||||
10 | Section 110-6.5-1, whether a foreign national defendant is | ||||||
11 | lawfully admitted in the United States of America, whether the | ||||||
12 | government of the foreign national maintains an extradition | ||||||
13 | treaty with the United States by which the foreign government | ||||||
14 | will extradite to the United States its national for a trial | ||||||
15 | for a crime allegedly committed in the United States, whether | ||||||
16 | the defendant is currently subject to deportation or exclusion | ||||||
17 | under the immigration laws of the United States, whether the | ||||||
18 | defendant, although a United States citizen, is considered | ||||||
19 | under the law of any foreign state a national of that state for | ||||||
20 | the purposes of extradition or non-extradition to the United | ||||||
21 | States, the amount of unrecovered proceeds lost as a result of | ||||||
22 | the alleged offense, the source of bail funds tendered or | ||||||
23 | sought to be tendered for bail, whether from the totality of | ||||||
24 | the court's consideration, the loss of funds posted or sought | ||||||
25 | to be posted for bail will not deter the defendant from flight, | ||||||
26 | whether the evidence shows that the defendant is engaged in |
| |||||||
| |||||||
1 | significant possession, manufacture, or delivery of a | ||||||
2 | controlled substance or cannabis, either individually or in | ||||||
3 | consort with others, whether at the time of the offense | ||||||
4 | charged he or she was on bond or pre-trial release pending | ||||||
5 | trial, probation, periodic imprisonment or conditional | ||||||
6 | discharge pursuant to this Code or the comparable Code of any | ||||||
7 | other state or federal jurisdiction, whether the defendant is | ||||||
8 | on bond or pre-trial release pending the imposition or | ||||||
9 | execution of sentence or appeal of sentence for any offense | ||||||
10 | under the laws of Illinois or any other state or federal | ||||||
11 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
12 | release, mandatory supervised release, or work release from | ||||||
13 | the Illinois Department of Corrections or Illinois Department | ||||||
14 | of Juvenile Justice or any penal institution or corrections | ||||||
15 | department of any state or federal jurisdiction, the | ||||||
16 | defendant's record of convictions, whether the defendant has | ||||||
17 | been convicted of a misdemeanor or ordinance offense in | ||||||
18 | Illinois or similar offense in other state or federal | ||||||
19 | jurisdiction within the 10 years preceding the current charge | ||||||
20 | or convicted of a felony in Illinois, whether the defendant | ||||||
21 | was convicted of an offense in another state or federal | ||||||
22 | jurisdiction that would be a felony if committed in Illinois | ||||||
23 | within the 20 years preceding the current charge or has been | ||||||
24 | convicted of such felony and released from the penitentiary | ||||||
25 | within 20 years preceding the current charge if a penitentiary | ||||||
26 | sentence was imposed in Illinois or other state or federal |
| |||||||
| |||||||
1 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
2 | of delinquency in any jurisdiction, any record of appearance | ||||||
3 | or failure to appear by the defendant at court proceedings, | ||||||
4 | whether there was flight to avoid arrest or prosecution, | ||||||
5 | whether the defendant escaped or attempted to escape to avoid | ||||||
6 | arrest, whether the defendant refused to identify himself or | ||||||
7 | herself, or whether there was a refusal by the defendant to be | ||||||
8 | fingerprinted as required by law. Information used by the | ||||||
9 | court in its findings or stated in or offered in connection | ||||||
10 | with this Section may be by way of proffer based upon reliable | ||||||
11 | information offered by the State or defendant. All evidence | ||||||
12 | shall be admissible if it is relevant and reliable regardless | ||||||
13 | of whether it would be admissible under the rules of evidence | ||||||
14 | applicable at criminal trials. If the State presents evidence | ||||||
15 | that the offense committed by the defendant was related to or | ||||||
16 | in furtherance of the criminal activities of an organized gang | ||||||
17 | or was motivated by the defendant's membership in or | ||||||
18 | allegiance to an organized gang, and if the court determines | ||||||
19 | that the evidence may be substantiated, the court shall | ||||||
20 | prohibit the defendant from associating with other members of | ||||||
21 | the organized gang as a condition of bail or release. For the | ||||||
22 | purposes of this Section, "organized gang" has the meaning | ||||||
23 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
24 | Terrorism Omnibus Prevention Act. | ||||||
25 | (a-5) There shall be a presumption that any conditions of | ||||||
26 | release imposed shall be non-monetary in nature and the court |
| |||||||
| |||||||
1 | shall impose the least restrictive conditions or combination | ||||||
2 | of conditions necessary to reasonably assure the appearance of | ||||||
3 | the defendant for further court proceedings and protect the | ||||||
4 | integrity of the judicial proceedings from a specific threat | ||||||
5 | to a witness or participant. Conditions of release may | ||||||
6 | include, but not be limited to, electronic home monitoring, | ||||||
7 | curfews, drug counseling, stay-away orders, and in-person | ||||||
8 | reporting. The court shall consider the defendant's | ||||||
9 | socio-economic circumstance when setting conditions of release | ||||||
10 | or imposing monetary bail. | ||||||
11 | (b) The amount of bail shall be: | ||||||
12 | (1) Sufficient to assure compliance with the | ||||||
13 | conditions set forth in the bail bond, which shall include | ||||||
14 | the defendant's current address with a written | ||||||
15 | admonishment to the defendant that he or she must comply | ||||||
16 | with the provisions of Section 110-12 regarding any change | ||||||
17 | in his or her address. The defendant's address shall at | ||||||
18 | all times remain a matter of public record with the clerk | ||||||
19 | of the court. | ||||||
20 | (2) Not oppressive. | ||||||
21 | (3) Considerate of the financial ability of the | ||||||
22 | accused. | ||||||
23 | (4) When a person is charged with a drug related | ||||||
24 | offense involving possession or delivery of cannabis or | ||||||
25 | possession or delivery of a controlled substance as | ||||||
26 | defined in the Cannabis Control Act, the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act, or the Methamphetamine Control | ||||||
2 | and Community Protection Act, the full street value of the | ||||||
3 | drugs seized shall be considered. "Street value" shall be | ||||||
4 | determined by the court on the basis of a proffer by the | ||||||
5 | State based upon reliable information of a law enforcement | ||||||
6 | official contained in a written report as to the amount | ||||||
7 | seized and such proffer may be used by the court as to the | ||||||
8 | current street value of the smallest unit of the drug | ||||||
9 | seized. | ||||||
10 | (b-5) Upon the filing of a written request demonstrating | ||||||
11 | reasonable cause, the State's Attorney may request a source of | ||||||
12 | bail hearing either before or after the posting of any funds. | ||||||
13 | If the hearing is granted, before the posting of any bail, the | ||||||
14 | accused must file a written notice requesting that the court | ||||||
15 | conduct a source of bail hearing. The notice must be | ||||||
16 | accompanied by justifying affidavits stating the legitimate | ||||||
17 | and lawful source of funds for bail. At the hearing, the court | ||||||
18 | shall inquire into any matters stated in any justifying | ||||||
19 | affidavits, and may also inquire into matters appropriate to | ||||||
20 | the determination which shall include, but are not limited to, | ||||||
21 | the following: | ||||||
22 | (1) the background, character, reputation, and | ||||||
23 | relationship to the accused of any surety; and | ||||||
24 | (2) the source of any money or property deposited by | ||||||
25 | any surety, and whether any such money or property | ||||||
26 | constitutes the fruits of criminal or unlawful conduct; |
| |||||||
| |||||||
1 | and | ||||||
2 | (3) the source of any money posted as cash bail, and | ||||||
3 | whether any such money constitutes the fruits of criminal | ||||||
4 | or unlawful conduct; and | ||||||
5 | (4) the background, character, reputation, and | ||||||
6 | relationship to the accused of the person posting cash | ||||||
7 | bail. | ||||||
8 | Upon setting the hearing, the court shall examine, under | ||||||
9 | oath, any persons who may possess material information. | ||||||
10 | The State's Attorney has a right to attend the hearing, to | ||||||
11 | call witnesses and to examine any witness in the proceeding. | ||||||
12 | The court shall, upon request of the State's Attorney, | ||||||
13 | continue the proceedings for a reasonable period to allow the | ||||||
14 | State's Attorney to investigate the matter raised in any | ||||||
15 | testimony or affidavit. If the hearing is granted after the | ||||||
16 | accused has posted bail, the court shall conduct a hearing | ||||||
17 | consistent with this subsection (b-5). At the conclusion of | ||||||
18 | the hearing, the court must issue an order either approving or | ||||||
19 | disapproving the bail. | ||||||
20 | (c) When a person is charged with an offense punishable by | ||||||
21 | fine only the amount of the bail shall not exceed double the | ||||||
22 | amount of the maximum penalty. | ||||||
23 | (d) When a person has been convicted of an offense and only | ||||||
24 | a fine has been imposed the amount of the bail shall not exceed | ||||||
25 | double the amount of the fine. | ||||||
26 | (e) The State may appeal any order granting bail or |
| |||||||
| |||||||
1 | setting a given amount for bail. | ||||||
2 | (f) When a person is charged with a violation of an order | ||||||
3 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
4 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
5 | charged with domestic battery, aggravated domestic battery, | ||||||
6 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
7 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
8 | cyberstalking, harassment by telephone, harassment through | ||||||
9 | electronic communications, or an attempt to commit first | ||||||
10 | degree murder committed against an intimate partner regardless | ||||||
11 | whether an order of protection has been issued against the | ||||||
12 | person, | ||||||
13 | (1) whether the alleged incident involved harassment | ||||||
14 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
15 | of 1986; | ||||||
16 | (2) whether the person has a history of domestic | ||||||
17 | violence, as defined in the Illinois Domestic Violence | ||||||
18 | Act, or a history of other criminal acts; | ||||||
19 | (3) based on the mental health of the person; | ||||||
20 | (4) whether the person has a history of violating the | ||||||
21 | orders of any court or governmental entity; | ||||||
22 | (5) whether the person has been, or is, potentially a | ||||||
23 | threat to any other person; | ||||||
24 | (6) whether the person has access to deadly weapons or | ||||||
25 | a history of using deadly weapons; | ||||||
26 | (7) whether the person has a history of abusing |
| |||||||
| |||||||
1 | alcohol or any controlled substance; | ||||||
2 | (8) based on the severity of the alleged incident that | ||||||
3 | is the basis of the alleged offense, including, but not | ||||||
4 | limited to, the duration of the current incident, and | ||||||
5 | whether the alleged incident involved the use of a weapon, | ||||||
6 | physical injury, sexual assault, strangulation, abuse | ||||||
7 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
8 | forcible entry to gain access to the alleged victim; | ||||||
9 | (9) whether a separation of the person from the | ||||||
10 | alleged victim or a termination of the relationship | ||||||
11 | between the person and the alleged victim has recently | ||||||
12 | occurred or is pending; | ||||||
13 | (10) whether the person has exhibited obsessive or | ||||||
14 | controlling behaviors toward the alleged victim, | ||||||
15 | including, but not limited to, stalking, surveillance, or | ||||||
16 | isolation of the alleged victim or victim's family member | ||||||
17 | or members; | ||||||
18 | (11) whether the person has expressed suicidal or | ||||||
19 | homicidal ideations; | ||||||
20 | (12) based on any information contained in the | ||||||
21 | complaint and any police reports, affidavits, or other | ||||||
22 | documents accompanying the complaint; | ||||||
23 | the court may, in its discretion, order the respondent to | ||||||
24 | undergo a risk assessment evaluation using a recognized, | ||||||
25 | evidence-based instrument conducted by an Illinois Department | ||||||
26 | of Human Services approved partner abuse intervention program |
| |||||||
| |||||||
1 | provider, pretrial service, probation, or parole agency. These | ||||||
2 | agencies shall have access to summaries of the defendant's | ||||||
3 | criminal history, which shall not include victim interviews or | ||||||
4 | information, for the risk evaluation. Based on the information | ||||||
5 | collected from the 12 points to be considered at a bail hearing | ||||||
6 | under this subsection (f), the results of any risk evaluation | ||||||
7 | conducted and the other circumstances of the violation, the | ||||||
8 | court may order that the person, as a condition of bail, be | ||||||
9 | placed under electronic surveillance as provided in Section | ||||||
10 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
11 | determination whether or not to order the respondent to | ||||||
12 | undergo a risk assessment evaluation or to be placed under | ||||||
13 | electronic surveillance and risk assessment, the court shall | ||||||
14 | document in the record the court's reasons for making those | ||||||
15 | determinations. The cost of the electronic surveillance and | ||||||
16 | risk assessment shall be paid by, or on behalf, of the | ||||||
17 | defendant. As used in this subsection (f), "intimate partner" | ||||||
18 | means a spouse or a current or former partner in a cohabitation | ||||||
19 | or dating relationship. | ||||||
20 | (a) In determining which conditions of pretrial release, | ||||||
21 | if any, will reasonably ensure the appearance of a defendant | ||||||
22 | as required or the safety of any other person or the community | ||||||
23 | and the likelihood of compliance by the defendant with all the | ||||||
24 | conditions of pretrial release, the court shall, on the basis | ||||||
25 | of available information, take into account such matters as: | ||||||
26 | (1) the nature and circumstances of the offense |
| |||||||
| |||||||
1 | charged; | ||||||
2 | (2) the weight of the evidence against the defendant, | ||||||
3 | except that the court may consider the admissibility of | ||||||
4 | any evidence sought to be excluded; | ||||||
5 | (3) the history and characteristics of the defendant, | ||||||
6 | including: | ||||||
7 | (A) the defendant's character, physical and mental | ||||||
8 | condition, family ties, employment, financial | ||||||
9 | resources, length of residence in the community, | ||||||
10 | community ties, past relating to drug or alcohol | ||||||
11 | abuse, conduct, history criminal history, and record | ||||||
12 | concerning appearance at court proceedings; and | ||||||
13 | (B) whether, at the time of the current offense or | ||||||
14 | arrest, the defendant was on probation, parole, or on | ||||||
15 | other release pending trial, sentencing, appeal, or | ||||||
16 | completion of sentence for an offense under federal | ||||||
17 | law, or the law of this or any other state; | ||||||
18 | (4) the nature and seriousness of the real and present | ||||||
19 | threat to the safety of any person or persons or the | ||||||
20 | community, based on the specific articulable facts of the | ||||||
21 | case, that would be posed by the defendant's release, if | ||||||
22 | applicable, as required under paragraph (7.5) of Section 4 | ||||||
23 | of the Rights of Crime Victims and Witnesses Act; | ||||||
24 | (5) the nature and seriousness of the risk of | ||||||
25 | obstructing or attempting to obstruct the criminal justice | ||||||
26 | process that would be posed by the defendant's release, if |
| |||||||
| |||||||
1 | applicable; | ||||||
2 | (6) when a person is charged with a violation of a | ||||||
3 | protective order, domestic battery, aggravated domestic | ||||||
4 | battery, kidnapping, aggravated kidnaping, unlawful | ||||||
5 | restraint, aggravated unlawful restraint, cyberstalking, | ||||||
6 | harassment by telephone, harassment through electronic | ||||||
7 | communications, or an attempt to commit first degree | ||||||
8 | murder committed against a spouse or a current or former | ||||||
9 | partner in a cohabitation or dating relationship, | ||||||
10 | regardless of whether an order of protection has been | ||||||
11 | issued against the person, the court may consider the | ||||||
12 | following additional factors: | ||||||
13 | (A) whether the alleged incident involved | ||||||
14 | harassment or abuse, as defined in the Illinois | ||||||
15 | Domestic Violence Act of 1986; | ||||||
16 | (B) whether the person has a history of domestic | ||||||
17 | violence, as defined in the Illinois Domestic Violence | ||||||
18 | Act of 1986, or a history of other criminal acts; | ||||||
19 | (C) the mental health of the person; | ||||||
20 | (D) whether the person has a history of violating | ||||||
21 | the orders of any court or governmental entity; | ||||||
22 | (E) whether the person has been, or is, | ||||||
23 | potentially a threat to any other person; | ||||||
24 | (F) whether the person has access to deadly | ||||||
25 | weapons or a history of using deadly weapons; | ||||||
26 | (G) whether the person has a history of abusing |
| |||||||
| |||||||
1 | alcohol or any controlled substance; | ||||||
2 | (H) the severity of the alleged incident that is | ||||||
3 | the basis of the alleged offense, including, but not | ||||||
4 | limited to, the duration of the current incident, and | ||||||
5 | whether the alleged incident involved the use of a | ||||||
6 | weapon, physical injury, sexual assault, | ||||||
7 | strangulation, abuse during the alleged victim's | ||||||
8 | pregnancy, abuse of pets, or forcible entry to gain | ||||||
9 | access to the alleged victim; | ||||||
10 | (I) whether a separation of the person from the | ||||||
11 | victim of abuse or a termination of the relationship | ||||||
12 | between the person and the victim of abuse has | ||||||
13 | recently occurred or is pending; | ||||||
14 | (J) whether the person has exhibited obsessive or | ||||||
15 | controlling behaviors toward the victim of abuse, | ||||||
16 | including, but not limited to, stalking, surveillance, | ||||||
17 | or isolation of the victim of abuse or the victim's | ||||||
18 | family member or members; | ||||||
19 | (K) whether the person has expressed suicidal or | ||||||
20 | homicidal ideations; and | ||||||
21 | (L) any other factors deemed by the court to have a | ||||||
22 | reasonable bearing upon the defendant's propensity or | ||||||
23 | reputation for violent, abusive, or assaultive | ||||||
24 | behavior, or lack of that behavior. | ||||||
25 | (7) in cases of stalking or aggravated stalking under | ||||||
26 | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the |
| |||||||
| |||||||
1 | court may consider the factors listed in paragraph (6) and | ||||||
2 | the following additional factors: | ||||||
3 | (A) any evidence of the defendant's prior criminal | ||||||
4 | history indicative of violent, abusive or assaultive | ||||||
5 | behavior, or lack of that behavior; the evidence may | ||||||
6 | include testimony or documents received in juvenile | ||||||
7 | proceedings, criminal, quasi-criminal, civil | ||||||
8 | commitment, domestic relations, or other proceedings; | ||||||
9 | (B) any evidence of the defendant's psychological, | ||||||
10 | psychiatric, or other similar social history that | ||||||
11 | tends to indicate a violent, abusive, or assaultive | ||||||
12 | nature, or lack of any such history; | ||||||
13 | (C) the nature of the threat that is the basis of | ||||||
14 | the charge against the defendant; | ||||||
15 | (D) any statements made by, or attributed to, the | ||||||
16 | defendant, together with the circumstances surrounding | ||||||
17 | them; | ||||||
18 | (E) the age and physical condition of any person | ||||||
19 | allegedly assaulted by the defendant; | ||||||
20 | (F) whether the defendant is known to possess or | ||||||
21 | have access to any weapon or weapons; and | ||||||
22 | (G) any other factors deemed by the court to have a | ||||||
23 | reasonable bearing upon the defendant's propensity or | ||||||
24 | reputation for violent, abusive, or assaultive | ||||||
25 | behavior, or lack of that behavior. | ||||||
26 | (b) The court may use a regularly validated risk |
| |||||||
| |||||||
1 | assessment tool to aid its determination of appropriate | ||||||
2 | conditions of release as provided under Section 110-6.4. If a | ||||||
3 | risk assessment tool is used, the defendant's counsel shall be | ||||||
4 | provided with the information and scoring system of the risk | ||||||
5 | assessment tool used to arrive at the determination. The | ||||||
6 | defendant retains the right to challenge the validity of a | ||||||
7 | risk assessment tool used by the court and to present evidence | ||||||
8 | relevant to the defendant's challenge. | ||||||
9 | (c) The court shall impose any conditions that are | ||||||
10 | mandatory under subsection (a) of Section 110-10. The court | ||||||
11 | may impose any conditions that are permissible under | ||||||
12 | subsection (b) of Section 110-10. The conditions of release | ||||||
13 | imposed shall be the least restrictive conditions or | ||||||
14 | combination of conditions necessary to reasonably ensure the | ||||||
15 | appearance of the defendant as required or the safety of any | ||||||
16 | other person or persons or the community. | ||||||
17 | (d) When a person is charged with a violation of a | ||||||
18 | protective order, the court may order the defendant placed | ||||||
19 | under electronic surveillance as a condition of pretrial | ||||||
20 | release, as provided in Section 5-8A-7 of the Unified Code of | ||||||
21 | Corrections, based on the information collected under | ||||||
22 | paragraph (6) of subsection (a) of this Section, the results | ||||||
23 | of any assessment conducted, or other circumstances of the | ||||||
24 | violation. | ||||||
25 | (e) If a person remains in pretrial detention 48 hours | ||||||
26 | after having been ordered released with pretrial conditions, |
| |||||||
| |||||||
1 | the court shall hold a hearing to determine the reason for | ||||||
2 | continued detention. If the reason for continued detention is | ||||||
3 | due to the unavailability or the defendant's ineligibility for | ||||||
4 | one or more pretrial conditions previously ordered by the | ||||||
5 | court or directed by a pretrial services agency, the court | ||||||
6 | shall reopen the conditions of release hearing to determine | ||||||
7 | what available pretrial conditions exist that will reasonably | ||||||
8 | ensure the appearance of a defendant as required, the safety | ||||||
9 | of any other person, and the likelihood of compliance by the | ||||||
10 | defendant with all the conditions of pretrial release. The | ||||||
11 | inability of the defendant to pay for a condition of release or | ||||||
12 | any other ineligibility for a condition of pretrial release | ||||||
13 | shall not be used as a justification for the pretrial | ||||||
14 | detention of that defendant. | ||||||
15 | (f) Prior to the defendant's first appearance, and with | ||||||
16 | sufficient time for meaningful attorney-client contact to | ||||||
17 | gather information in order to advocate effectively for the | ||||||
18 | defendant's pretrial release, the court shall appoint the | ||||||
19 | public defender or a licensed attorney at law of this State to | ||||||
20 | represent the defendant for purposes of that hearing, unless | ||||||
21 | the defendant has obtained licensed counsel. Defense counsel | ||||||
22 | shall have access to the same documentary information relied | ||||||
23 | upon by the prosecution and presented to the court. | ||||||
24 | (f-5) At each subsequent appearance of the defendant | ||||||
25 | before the court, the judge must find that the current | ||||||
26 | conditions imposed are necessary to reasonably ensure the |
| |||||||
| |||||||
1 | appearance of the defendant as required, the safety of any | ||||||
2 | other person, and the compliance of the defendant with all the | ||||||
3 | conditions of pretrial release. The court is not required to | ||||||
4 | be presented with new information or a change in circumstance | ||||||
5 | to remove pretrial conditions. | ||||||
6 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
7 | confinement can only be imposed as a condition of pretrial | ||||||
8 | release if a no less restrictive condition of release or | ||||||
9 | combination of less restrictive condition of release would | ||||||
10 | reasonably ensure the appearance of the defendant for later | ||||||
11 | hearings or protect an identifiable person or persons from | ||||||
12 | imminent threat of serious physical harm. | ||||||
13 | (h) If the court imposes electronic monitoring, GPS | ||||||
14 | monitoring, or home confinement, the court shall set forth in | ||||||
15 | the record the basis for its finding. A defendant shall be | ||||||
16 | given custodial credit for each day he or she was subjected to | ||||||
17 | home confinement, at the same rate described in subsection (b) | ||||||
18 | of Section 5-4.5-100 of the Unified Code of Corrections. The | ||||||
19 | court may give custodial credit to a defendant for each day the | ||||||
20 | defendant was subjected to GPS monitoring without home | ||||||
21 | confinement or electronic monitoring without home confinement. | ||||||
22 | (i) If electronic monitoring, GPS monitoring, or home | ||||||
23 | confinement is imposed, the court shall determine every 60 | ||||||
24 | days if no less restrictive condition of release or | ||||||
25 | combination of less restrictive conditions of release would | ||||||
26 | reasonably ensure the appearance, or continued appearance, of |
| |||||||
| |||||||
1 | the defendant for later hearings or protect an identifiable | ||||||
2 | person or persons from imminent threat of serious physical | ||||||
3 | harm. If the court finds that there are less restrictive | ||||||
4 | conditions of release, the court shall order that the | ||||||
5 | condition be removed. This subsection takes effect January 1, | ||||||
6 | 2022. | ||||||
7 | (j) Crime Victims shall be given notice by the State's | ||||||
8 | Attorney's office of this hearing as required in paragraph (1) | ||||||
9 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
10 | and Witnesses Act and shall be informed of their opportunity | ||||||
11 | at this hearing to obtain a protective order. | ||||||
12 | (k) The State and defendants may appeal court orders | ||||||
13 | imposing conditions of pretrial release. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; | ||||||
15 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. | ||||||
16 | 1-1-23.)
| ||||||
17 | (725 ILCS 5/110-5.2) | ||||||
18 | Sec. 110-5.2. Bail Pretrial release ; pregnant pre-trial | ||||||
19 | detainee. | ||||||
20 | (a) It is the policy of this State that a pre-trial | ||||||
21 | detainee shall not be required to deliver a child while in | ||||||
22 | custody absent a finding by the court that continued pre-trial | ||||||
23 | custody is necessary to protect the public or the victim of the | ||||||
24 | offense on which the charge is based alleviate a real and | ||||||
25 | present threat to the safety of any person or persons or the |
| |||||||
| |||||||
1 | community, based on the specific articulable facts of the | ||||||
2 | case, or prevent the defendant's willful flight . | ||||||
3 | (b) If the court reasonably believes that a pre-trial | ||||||
4 | detainee will give birth while in custody, the court shall | ||||||
5 | order an alternative to custody unless, after a hearing, the | ||||||
6 | court determines: | ||||||
7 | (1) that the release of the pregnant pre-trial | ||||||
8 | detainee would pose a real and present threat to the | ||||||
9 | physical safety of the alleged victim of the offense and | ||||||
10 | continuing custody is necessary to prevent the fulfillment | ||||||
11 | of the threat upon which the charge is based; or the | ||||||
12 | pregnant pretrial detainee is charged with an offense for | ||||||
13 | which pretrial release may be denied under Section | ||||||
14 | 110-6.1; and | ||||||
15 | (2) that the release of the pregnant pre-trial | ||||||
16 | detainee would pose a real and present threat to the | ||||||
17 | physical safety of any person or persons or the general | ||||||
18 | public after a hearing under Section 110-6.1 that | ||||||
19 | considers the circumstances of the pregnancy, the court | ||||||
20 | determines that continued detention is the only way to | ||||||
21 | prevent a real and present threat to the safety of any | ||||||
22 | person or persons or the community, based on the specific | ||||||
23 | articulable facts of the case, or prevent the defendant's | ||||||
24 | willful flight . | ||||||
25 | (c) The court may order a pregnant or post-partum detainee | ||||||
26 | to be subject to electronic monitoring as a condition of |
| |||||||
| |||||||
1 | pre-trial release or order other condition or combination of | ||||||
2 | conditions the court reasonably determines are in the best | ||||||
3 | interest of the detainee and the public. Electronic Monitoring | ||||||
4 | may be ordered by the court only if no less restrictive | ||||||
5 | condition of release or combination of less restrictive | ||||||
6 | conditions of release would reasonably ensure the appearance, | ||||||
7 | or continued appearance, of the defendant for later hearings | ||||||
8 | or protect an identifiable person or persons from imminent | ||||||
9 | threat of serious physical harm. All pregnant people or those | ||||||
10 | who have given birth within 6 weeks shall be granted ample | ||||||
11 | movement to attend doctor's appointments and for emergencies | ||||||
12 | related to the health of the pregnancy, infant, or postpartum | ||||||
13 | person. | ||||||
14 | (d) This Section shall be applicable to a pregnant | ||||||
15 | pre-trial detainee in custody on or after the effective date | ||||||
16 | of this amendatory Act of the 100th General Assembly. | ||||||
17 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
18 | (725 ILCS 5/110-6) | ||||||
19 | Sec. 110-6. Modification of bail or conditions Revocation | ||||||
20 | of pretrial release, modification of conditions of pretrial | ||||||
21 | release, and sanctions for violations of conditions of | ||||||
22 | pretrial release . | ||||||
23 | (a) Upon verified application by the State or the | ||||||
24 | defendant or on its own motion the court before which the | ||||||
25 | proceeding is pending may increase or reduce the amount of |
| |||||||
| |||||||
1 | bail or may alter the conditions of the bail bond or grant bail | ||||||
2 | where it has been previously revoked or denied. If bail has | ||||||
3 | been previously revoked pursuant to subsection (f) of this | ||||||
4 | Section or if bail has been denied to the defendant pursuant to | ||||||
5 | subsection (e) of Section 110-6.1 or subsection (e) of Section | ||||||
6 | 110-6.3-1, the defendant shall be required to present a | ||||||
7 | verified application setting forth in detail any new facts not | ||||||
8 | known or obtainable at the time of the previous revocation or | ||||||
9 | denial of bail proceedings. If the court grants bail where it | ||||||
10 | has been previously revoked or denied, the court shall state | ||||||
11 | on the record of the proceedings the findings of facts and | ||||||
12 | conclusion of law upon which such order is based. | ||||||
13 | (a-5) In addition to any other available motion or | ||||||
14 | procedure under this Code, a person in custody solely for a | ||||||
15 | Category B offense due to an inability to post monetary bail | ||||||
16 | shall be brought before the court at the next available court | ||||||
17 | date or 7 calendar days from the date bail was set, whichever | ||||||
18 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
19 | or release pending further court proceedings. The court may | ||||||
20 | reconsider conditions of release for any other person whose | ||||||
21 | inability to post monetary bail is the sole reason for | ||||||
22 | continued incarceration, including a person in custody for a | ||||||
23 | Category A offense or a Category A offense and a Category B | ||||||
24 | offense. The court may deny the rehearing permitted under this | ||||||
25 | subsection (a-5) if the person has failed to appear as | ||||||
26 | required before the court and is incarcerated based on a |
| |||||||
| |||||||
1 | warrant for failure to appear on the same original criminal | ||||||
2 | offense. | ||||||
3 | (b) Violation of the conditions of Section 110-10 of this | ||||||
4 | Code or any special conditions of bail as ordered by the court | ||||||
5 | shall constitute grounds for the court to increase the amount | ||||||
6 | of bail, or otherwise alter the conditions of bail, or, where | ||||||
7 | the alleged offense committed on bail is a forcible felony in | ||||||
8 | Illinois or a Class 2 or greater offense under the Illinois | ||||||
9 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
10 | Methamphetamine Control and Community Protection Act, revoke | ||||||
11 | bail pursuant to the appropriate provisions of subsection (e) | ||||||
12 | of this Section. | ||||||
13 | (c) Reasonable notice of such application by the defendant | ||||||
14 | shall be given to the State. | ||||||
15 | (d) Reasonable notice of such application by the State | ||||||
16 | shall be given to the defendant, except as provided in | ||||||
17 | subsection (e). | ||||||
18 | (e) Upon verified application by the State stating facts | ||||||
19 | or circumstances constituting a violation or a threatened | ||||||
20 | violation of any of the conditions of the bail bond the court | ||||||
21 | may issue a warrant commanding any peace officer to bring the | ||||||
22 | defendant without unnecessary delay before the court for a | ||||||
23 | hearing on the matters set forth in the application. If the | ||||||
24 | actual court before which the proceeding is pending is absent | ||||||
25 | or otherwise unavailable another court may issue a warrant | ||||||
26 | pursuant to this Section. When the defendant is charged with a |
| |||||||
| |||||||
1 | felony offense and while free on bail is charged with a | ||||||
2 | subsequent felony offense and is the subject of a proceeding | ||||||
3 | set forth in Section 109-1 or 109-3 of this Code, upon the | ||||||
4 | filing of a verified petition by the State alleging a | ||||||
5 | violation of Section 110-10 (a) (4) of this Code, the court | ||||||
6 | shall without prior notice to the defendant, grant leave to | ||||||
7 | file such application and shall order the transfer of the | ||||||
8 | defendant and the application without unnecessary delay to the | ||||||
9 | court before which the previous felony matter is pending for a | ||||||
10 | hearing as provided in subsection (b) or this subsection of | ||||||
11 | this Section. The defendant shall be held without bond pending | ||||||
12 | transfer to and a hearing before such court. At the conclusion | ||||||
13 | of the hearing based on a violation of the conditions of | ||||||
14 | Section 110-10 of this Code or any special conditions of bail | ||||||
15 | as ordered by the court, the court may enter an order | ||||||
16 | increasing the amount of bail or alter the conditions of bail | ||||||
17 | as deemed appropriate. | ||||||
18 | (f) Where the alleged violation consists of the violation | ||||||
19 | of one or more felony statutes of any jurisdiction which would | ||||||
20 | be a forcible felony in Illinois or a Class 2 or greater | ||||||
21 | offense under the Illinois Controlled Substances Act, the | ||||||
22 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
23 | Community Protection Act and the defendant is on bail for the | ||||||
24 | alleged commission of a felony, or where the defendant is on | ||||||
25 | bail for a felony domestic battery (enhanced pursuant to | ||||||
26 | subsection (b) of Section 12-3.2 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012), aggravated domestic battery, | ||||||
2 | aggravated battery, unlawful restraint, aggravated unlawful | ||||||
3 | restraint or domestic battery in violation of item (1) of | ||||||
4 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012 against a family or household | ||||||
6 | member as defined in Section 112A-3 of this Code and the | ||||||
7 | violation is an offense of domestic battery against the same | ||||||
8 | victim the court shall, on the motion of the State or its own | ||||||
9 | motion, revoke bail in accordance with the following | ||||||
10 | provisions: | ||||||
11 | (1) The court shall hold the defendant without bail | ||||||
12 | pending the hearing on the alleged breach; however, if the | ||||||
13 | defendant is not admitted to bail the hearing shall be | ||||||
14 | commenced within 10 days from the date the defendant is | ||||||
15 | taken into custody or the defendant may not be held any | ||||||
16 | longer without bail, unless delay is occasioned by the | ||||||
17 | defendant. Where defendant occasions the delay, the | ||||||
18 | running of the 10 day period is temporarily suspended and | ||||||
19 | resumes at the termination of the period of delay. Where | ||||||
20 | defendant occasions the delay with 5 or fewer days | ||||||
21 | remaining in the 10 day period, the court may grant a | ||||||
22 | period of up to 5 additional days to the State for good | ||||||
23 | cause shown. The State, however, shall retain the right to | ||||||
24 | proceed to hearing on the alleged violation at any time, | ||||||
25 | upon reasonable notice to the defendant and the court. | ||||||
26 | (2) At a hearing on the alleged violation the State |
| |||||||
| |||||||
1 | has the burden of going forward and proving the violation | ||||||
2 | by clear and convincing evidence. The evidence shall be | ||||||
3 | presented in open court with the opportunity to testify, | ||||||
4 | to present witnesses in his behalf, and to cross-examine | ||||||
5 | witnesses if any are called by the State, and | ||||||
6 | representation by counsel and if the defendant is indigent | ||||||
7 | to have counsel appointed for him. The rules of evidence | ||||||
8 | applicable in criminal trials in this State shall not | ||||||
9 | govern the admissibility of evidence at such hearing. | ||||||
10 | Information used by the court in its findings or stated in | ||||||
11 | or offered in connection with hearings for increase or | ||||||
12 | revocation of bail may be by way of proffer based upon | ||||||
13 | reliable information offered by the State or defendant. | ||||||
14 | All evidence shall be admissible if it is relevant and | ||||||
15 | reliable regardless of whether it would be admissible | ||||||
16 | under the rules of evidence applicable at criminal trials. | ||||||
17 | A motion by the defendant to suppress evidence or to | ||||||
18 | suppress a confession shall not be entertained at such a | ||||||
19 | hearing. Evidence that proof may have been obtained as a | ||||||
20 | result of an unlawful search and seizure or through | ||||||
21 | improper interrogation is not relevant to this hearing. | ||||||
22 | (3) Upon a finding by the court that the State has | ||||||
23 | established by clear and convincing evidence that the | ||||||
24 | defendant has committed a forcible felony or a Class 2 or | ||||||
25 | greater offense under the Illinois Controlled Substances | ||||||
26 | Act, the Cannabis Control Act, or the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act while admitted to | ||||||
2 | bail, or where the defendant is on bail for a felony | ||||||
3 | domestic battery (enhanced pursuant to subsection (b) of | ||||||
4 | Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012), aggravated domestic battery, | ||||||
6 | aggravated battery, unlawful restraint, aggravated | ||||||
7 | unlawful restraint or domestic battery in violation of | ||||||
8 | item (1) of subsection (a) of Section 12-3.2 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 against | ||||||
10 | a family or household member as defined in Section 112A-3 | ||||||
11 | of this Code and the violation is an offense of domestic | ||||||
12 | battery, against the same victim, the court shall revoke | ||||||
13 | the bail of the defendant and hold the defendant for trial | ||||||
14 | without bail. Neither the finding of the court nor any | ||||||
15 | transcript or other record of the hearing shall be | ||||||
16 | admissible in the State's case in chief, but shall be | ||||||
17 | admissible for impeachment, or as provided in Section | ||||||
18 | 115-10.1 of this Code or in a perjury proceeding. | ||||||
19 | (4) If the bail of any defendant is revoked pursuant | ||||||
20 | to paragraph (f) (3) of this Section, the defendant may | ||||||
21 | demand and shall be entitled to be brought to trial on the | ||||||
22 | offense with respect to which he was formerly released on | ||||||
23 | bail within 90 days after the date on which his bail was | ||||||
24 | revoked. If the defendant is not brought to trial within | ||||||
25 | the 90 day period required by the preceding sentence, he | ||||||
26 | shall not be held longer without bail. In computing the 90 |
| |||||||
| |||||||
1 | day period, the court shall omit any period of delay | ||||||
2 | resulting from a continuance granted at the request of the | ||||||
3 | defendant. | ||||||
4 | (5) If the defendant either is arrested on a warrant | ||||||
5 | issued pursuant to this Code or is arrested for an | ||||||
6 | unrelated offense and it is subsequently discovered that | ||||||
7 | the defendant is a subject of another warrant or warrants | ||||||
8 | issued pursuant to this Code, the defendant shall be | ||||||
9 | transferred promptly to the court which issued such | ||||||
10 | warrant. If, however, the defendant appears initially | ||||||
11 | before a court other than the court which issued such | ||||||
12 | warrant, the non-issuing court shall not alter the amount | ||||||
13 | of bail set on such warrant unless the court sets forth on | ||||||
14 | the record of proceedings the conclusions of law and facts | ||||||
15 | which are the basis for such altering of another court's | ||||||
16 | bond. The non-issuing court shall not alter another | ||||||
17 | court's bail set on a warrant unless the interests of | ||||||
18 | justice and public safety are served by such action. | ||||||
19 | (g) The State may appeal any order where the court has | ||||||
20 | increased or reduced the amount of bail or altered the | ||||||
21 | conditions of the bail bond or granted bail where it has | ||||||
22 | previously been revoked. | ||||||
23 | (a) When a defendant has previously been granted pretrial | ||||||
24 | release under this Section for a felony or Class A | ||||||
25 | misdemeanor, that pretrial release may be revoked only if the | ||||||
26 | defendant is charged with a felony or Class A misdemeanor that |
| |||||||
| |||||||
1 | is alleged to have occurred during the defendant's pretrial | ||||||
2 | release after a hearing on the court's own motion or upon the | ||||||
3 | filing of a verified petition by the State. | ||||||
4 | When a defendant released pretrial is charged with a | ||||||
5 | violation of a protective order or was previously convicted of | ||||||
6 | a violation of a protective order and the subject of the | ||||||
7 | protective order is the same person as the victim in the | ||||||
8 | current underlying matter, the State shall file a verified | ||||||
9 | petition seeking revocation of pretrial release. | ||||||
10 | Upon the filing of a petition or upon motion of the court | ||||||
11 | seeking revocation, the court shall order the transfer of the | ||||||
12 | defendant and the petition or motion to the court before which | ||||||
13 | the previous felony or Class A misdemeanor is pending. The | ||||||
14 | defendant may be held in custody pending transfer to and a | ||||||
15 | hearing before such court. The defendant shall be transferred | ||||||
16 | to the court before which the previous matter is pending | ||||||
17 | without unnecessary delay, and the revocation hearing shall | ||||||
18 | occur within 72 hours of the filing of the State's petition or | ||||||
19 | the court's motion for revocation. | ||||||
20 | A hearing at which pretrial release may be revoked must be | ||||||
21 | conducted in person (and not by way of two-way audio-visual | ||||||
22 | communication) unless the accused waives the right to be | ||||||
23 | present physically in court, the court determines that the | ||||||
24 | physical health and safety of any person necessary to the | ||||||
25 | proceedings would be endangered by appearing in court, or the | ||||||
26 | chief judge of the circuit orders use of that system due to |
| |||||||
| |||||||
1 | operational challenges in conducting the hearing in person. | ||||||
2 | Such operational challenges must be documented and approved by | ||||||
3 | the chief judge of the circuit, and a plan to address the | ||||||
4 | challenges through reasonable efforts must be presented and | ||||||
5 | approved by the Administrative Office of the Illinois Courts | ||||||
6 | every 6 months. | ||||||
7 | The court before which the previous felony matter or Class | ||||||
8 | A misdemeanor is pending may revoke the defendant's pretrial | ||||||
9 | release after a hearing. During the hearing for revocation, | ||||||
10 | the defendant shall be represented by counsel and have an | ||||||
11 | opportunity to be heard regarding the violation and evidence | ||||||
12 | in mitigation. The court shall consider all relevant | ||||||
13 | circumstances, including, but not limited to, the nature and | ||||||
14 | seriousness of the violation or criminal act alleged. The | ||||||
15 | State shall bear the burden of proving, by clear and | ||||||
16 | convincing evidence, that no condition or combination of | ||||||
17 | conditions of release would reasonably ensure the appearance | ||||||
18 | of the defendant for later hearings or prevent the defendant | ||||||
19 | from being charged with a subsequent felony or Class A | ||||||
20 | misdemeanor. | ||||||
21 | In lieu of revocation, the court may release the defendant | ||||||
22 | pre-trial, with or without modification of conditions of | ||||||
23 | pretrial release. | ||||||
24 | If the case that caused the revocation is dismissed, the | ||||||
25 | defendant is found not guilty in the case causing the | ||||||
26 | revocation, or the defendant completes a lawfully imposed |
| |||||||
| |||||||
1 | sentence on the case causing the revocation, the court shall, | ||||||
2 | without unnecessary delay, hold a hearing on conditions of | ||||||
3 | pretrial release pursuant to Section 110-5 and release the | ||||||
4 | defendant with or without modification of conditions of | ||||||
5 | pretrial release. | ||||||
6 | Both the State and the defendant may appeal an order | ||||||
7 | revoking pretrial release or denying a petition for revocation | ||||||
8 | of release. | ||||||
9 | (b) If a defendant previously has been granted pretrial | ||||||
10 | release under this Section for a Class B or Class C misdemeanor | ||||||
11 | offense, a petty or business offense, or an ordinance | ||||||
12 | violation and if the defendant is subsequently charged with a | ||||||
13 | felony that is alleged to have occurred during the defendant's | ||||||
14 | pretrial release or a Class A misdemeanor offense that is | ||||||
15 | alleged to have occurred during the defendant's pretrial | ||||||
16 | release, such pretrial release may not be revoked, but the | ||||||
17 | court may impose sanctions under subsection (c). | ||||||
18 | (c) The court shall follow the procedures set forth in | ||||||
19 | Section 110-3 to ensure the defendant's appearance in court if | ||||||
20 | the defendant: | ||||||
21 | (1) fails to appear in court as required by the | ||||||
22 | defendant's conditions of release; | ||||||
23 | (2) is charged with a felony or Class A misdemeanor | ||||||
24 | offense that is alleged to have occurred during the | ||||||
25 | defendant's pretrial release after having been previously | ||||||
26 | granted pretrial release for a Class B or Class C |
| |||||||
| |||||||
1 | misdemeanor, a petty or business offense, or an ordinance | ||||||
2 | violation that is alleged to have occurred during the | ||||||
3 | defendant's pretrial release; | ||||||
4 | (3) is charged with a Class B or C misdemeanor | ||||||
5 | offense, petty or business offense, or ordinance violation | ||||||
6 | that is alleged to have occurred during the defendant's | ||||||
7 | pretrial release; or | ||||||
8 | (4) violates any other condition of pretrial release | ||||||
9 | set by the court. | ||||||
10 | In response to a violation described in this subsection, | ||||||
11 | the court may issue a warrant specifying that the defendant | ||||||
12 | must appear before the court for a hearing for sanctions and | ||||||
13 | may not be released by law enforcement before that appearance. | ||||||
14 | (d) When a defendant appears in court pursuant to a | ||||||
15 | summons or warrant issued in accordance with Section 110-3 or | ||||||
16 | after being arrested for an offense that is alleged to have | ||||||
17 | occurred during the defendant's pretrial release, the State | ||||||
18 | may file a verified petition requesting a hearing for | ||||||
19 | sanctions. | ||||||
20 | (e) During the hearing for sanctions, the defendant shall | ||||||
21 | be represented by counsel and have an opportunity to be heard | ||||||
22 | regarding the violation and evidence in mitigation. The State | ||||||
23 | shall bear the burden of proving by clear and convincing | ||||||
24 | evidence that: | ||||||
25 | (1) the defendant committed an act that violated a | ||||||
26 | term of the defendant's pretrial release; |
| |||||||
| |||||||
1 | (2) the defendant had actual knowledge that the | ||||||
2 | defendant's action would violate a court order; | ||||||
3 | (3) the violation of the court order was willful; and | ||||||
4 | (4) the violation was not caused by a lack of access to | ||||||
5 | financial monetary resources. | ||||||
6 | (f) Sanctions for violations of pretrial release may | ||||||
7 | include: | ||||||
8 | (1) a verbal or written admonishment from the court; | ||||||
9 | (2) imprisonment in the county jail for a period not | ||||||
10 | exceeding 30 days; | ||||||
11 | (3) (Blank); or | ||||||
12 | (4) a modification of the defendant's pretrial | ||||||
13 | conditions. | ||||||
14 | (g) The court may, at any time, after motion by either | ||||||
15 | party or on its own motion, remove previously set conditions | ||||||
16 | of pretrial release, subject to the provisions in this | ||||||
17 | subsection. The court may only add or increase conditions of | ||||||
18 | pretrial release at a hearing under this Section. | ||||||
19 | The court shall not remove a previously set condition of | ||||||
20 | pretrial release regulating contact with a victim or witness | ||||||
21 | in the case, unless the subject of the condition has been given | ||||||
22 | notice of the hearing as required in paragraph (1) of | ||||||
23 | subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
24 | and Witnesses Act. If the subject of the condition of release | ||||||
25 | is not present, the court shall follow the procedures of | ||||||
26 | paragraph (10) of subsection (c-1) of the Rights of Crime |
| |||||||
| |||||||
1 | Victims and Witnesses Act. | ||||||
2 | (h) Crime victims shall be given notice by the State's | ||||||
3 | Attorney's office of all hearings under this Section as | ||||||
4 | required in paragraph (1) of subsection (b) of Section 4.5 of | ||||||
5 | the Rights of Crime Victims and Witnesses Act and shall be | ||||||
6 | informed of their opportunity at these hearings to obtain a | ||||||
7 | protective order. | ||||||
8 | (i) Nothing in this Section shall be construed to limit | ||||||
9 | the State's ability to file a verified petition seeking denial | ||||||
10 | of pretrial release under subsection (a) of Section 110-6.1 or | ||||||
11 | subdivision (d)(2) of Section 110-6.1. | ||||||
12 | (j) At each subsequent appearance of the defendant before | ||||||
13 | the court, the judge must find that continued detention under | ||||||
14 | this Section is necessary to reasonably ensure the appearance | ||||||
15 | of the defendant for later hearings or to prevent the | ||||||
16 | defendant from being charged with a subsequent felony or Class | ||||||
17 | A misdemeanor. | ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
19 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) | ||||||
20 | Sec. 110-6.1. Denial of bail in non-probationable felony | ||||||
21 | offenses pretrial release . | ||||||
22 | (a) Upon verified petition by the State, the court shall | ||||||
23 | hold a hearing to determine whether bail should be denied to a | ||||||
24 | defendant who is charged with a felony offense for which a | ||||||
25 | sentence of imprisonment, without probation, periodic |
| |||||||
| |||||||
1 | imprisonment or conditional discharge, is required by law upon | ||||||
2 | conviction, when it is alleged that the defendant's admission | ||||||
3 | to bail poses a real and present threat to the physical safety | ||||||
4 | of any person or persons. | ||||||
5 | (1) A petition may be filed without prior notice to | ||||||
6 | the defendant at the first appearance before a judge, or | ||||||
7 | within the 21 calendar days, except as provided in Section | ||||||
8 | 110-6, after arrest and release of the defendant upon | ||||||
9 | reasonable notice to defendant; provided that while such | ||||||
10 | petition is pending before the court, the defendant if | ||||||
11 | previously released shall not be detained. | ||||||
12 | (2) The hearing shall be held immediately upon the | ||||||
13 | defendant's appearance before the court, unless for good | ||||||
14 | cause shown the defendant or the State seeks a | ||||||
15 | continuance. A continuance on motion of the defendant may | ||||||
16 | not exceed 5 calendar days, and a continuance on the | ||||||
17 | motion of the State may not exceed 3 calendar days. The | ||||||
18 | defendant may be held in custody during such continuance. | ||||||
19 | (b) The court may deny bail to the defendant where, after | ||||||
20 | the hearing, it is determined that: | ||||||
21 | (1) the proof is evident or the presumption great that | ||||||
22 | the defendant has committed an offense for which a | ||||||
23 | sentence of imprisonment, without probation, periodic | ||||||
24 | imprisonment or conditional discharge, must be imposed by | ||||||
25 | law as a consequence of conviction, and | ||||||
26 | (2) the defendant poses a real and present threat to |
| |||||||
| |||||||
1 | the physical safety of any person or persons, by conduct | ||||||
2 | which may include, but is not limited to, a forcible | ||||||
3 | felony, the obstruction of justice, intimidation, injury, | ||||||
4 | physical harm, an offense under the Illinois Controlled | ||||||
5 | Substances Act which is a Class X felony, or an offense | ||||||
6 | under the Methamphetamine Control and Community Protection | ||||||
7 | Act which is a Class X felony, and | ||||||
8 | (3) the court finds that no condition or combination | ||||||
9 | of conditions set forth in subsection (b) of Section | ||||||
10 | 110-10 of this Article, can reasonably assure the physical | ||||||
11 | safety of any other person or persons. | ||||||
12 | (c) Conduct of the hearings. | ||||||
13 | (1) The hearing on the defendant's culpability and | ||||||
14 | dangerousness shall be conducted in accordance with the | ||||||
15 | following provisions: | ||||||
16 | (A) Information used by the court in its findings or | ||||||
17 | stated in or offered at such hearing may be by way of | ||||||
18 | proffer based upon reliable information offered by the | ||||||
19 | State or by defendant. Defendant has the right to be | ||||||
20 | represented by counsel, and if he is indigent, to have | ||||||
21 | counsel appointed for him. Defendant shall have the | ||||||
22 | opportunity to testify, to present witnesses in his | ||||||
23 | own behalf, and to cross-examine witnesses if any are | ||||||
24 | called by the State. The defendant has the right to | ||||||
25 | present witnesses in his favor. When the ends of | ||||||
26 | justice so require, the court may exercise its |
| |||||||
| |||||||
1 | discretion and compel the appearance of a complaining | ||||||
2 | witness. The court shall state on the record reasons | ||||||
3 | for granting a defense request to compel the presence | ||||||
4 | of a complaining witness. Cross-examination of a | ||||||
5 | complaining witness at the pretrial detention hearing | ||||||
6 | for the purpose of impeaching the witness' credibility | ||||||
7 | is insufficient reason to compel the presence of the | ||||||
8 | witness. In deciding whether to compel the appearance | ||||||
9 | of a complaining witness, the court shall be | ||||||
10 | considerate of the emotional and physical well-being | ||||||
11 | of the witness. The pre-trial detention hearing is not | ||||||
12 | to be used for purposes of discovery, and the post | ||||||
13 | arraignment rules of discovery do not apply. The State | ||||||
14 | shall tender to the defendant, prior to the hearing, | ||||||
15 | copies of defendant's criminal history, if any, if | ||||||
16 | available, and any written or recorded statements and | ||||||
17 | the substance of any oral statements made by any | ||||||
18 | person, if relied upon by the State in its petition. | ||||||
19 | The rules concerning the admissibility of evidence in | ||||||
20 | criminal trials do not apply to the presentation and | ||||||
21 | consideration of information at the hearing. At the | ||||||
22 | trial concerning the offense for which the hearing was | ||||||
23 | conducted neither the finding of the court nor any | ||||||
24 | transcript or other record of the hearing shall be | ||||||
25 | admissible in the State's case in chief, but shall be | ||||||
26 | admissible for impeachment, or as provided in Section |
| |||||||
| |||||||
1 | 115-10.1 of this Code, or in a perjury proceeding. | ||||||
2 | (B) A motion by the defendant to suppress evidence or | ||||||
3 | to suppress a confession shall not be entertained. | ||||||
4 | Evidence that proof may have been obtained as the | ||||||
5 | result of an unlawful search and seizure or through | ||||||
6 | improper interrogation is not relevant to this state | ||||||
7 | of the prosecution. | ||||||
8 | (2) The facts relied upon by the court to support a | ||||||
9 | finding that the defendant poses a real and present threat | ||||||
10 | to the physical safety of any person or persons shall be | ||||||
11 | supported by clear and convincing evidence presented by | ||||||
12 | the State. | ||||||
13 | (d) Factors to be considered in making a determination of | ||||||
14 | dangerousness. The court may, in determining whether the | ||||||
15 | defendant poses a real and present threat to the physical | ||||||
16 | safety of any person or persons, consider but shall not be | ||||||
17 | limited to evidence or testimony concerning: | ||||||
18 | (1) The nature and circumstances of any offense | ||||||
19 | charged, including whether the offense is a crime of | ||||||
20 | violence, involving a weapon. | ||||||
21 | (2) The history and characteristics of the defendant | ||||||
22 | including: | ||||||
23 | (A) Any evidence of the defendant's prior criminal | ||||||
24 | history indicative of violent, abusive or assaultive | ||||||
25 | behavior, or lack of such behavior. Such evidence may | ||||||
26 | include testimony or documents received in juvenile |
| |||||||
| |||||||
1 | proceedings, criminal, quasi-criminal, civil | ||||||
2 | commitment, domestic relations or other proceedings. | ||||||
3 | (B) Any evidence of the defendant's psychological, | ||||||
4 | psychiatric or other similar social history which | ||||||
5 | tends to indicate a violent, abusive, or assaultive | ||||||
6 | nature, or lack of any such history. | ||||||
7 | (3) The identity of any person or persons to whose | ||||||
8 | safety the defendant is believed to pose a threat, and the | ||||||
9 | nature of the threat; | ||||||
10 | (4) Any statements made by, or attributed to the | ||||||
11 | defendant, together with the circumstances surrounding | ||||||
12 | them; | ||||||
13 | (5) The age and physical condition of any person | ||||||
14 | assaulted by the defendant; | ||||||
15 | (6) Whether the defendant is known to possess or have | ||||||
16 | access to any weapon or weapons; | ||||||
17 | (7) Whether, at the time of the current offense or any | ||||||
18 | other offense or arrest, the defendant was on probation, | ||||||
19 | parole, aftercare release, mandatory supervised release or | ||||||
20 | other release from custody pending trial, sentencing, | ||||||
21 | appeal or completion of sentence for an offense under | ||||||
22 | federal or state law; | ||||||
23 | (8) Any other factors, including those listed in | ||||||
24 | Section 110-5 of this Article deemed by the court to have a | ||||||
25 | reasonable bearing upon the defendant's propensity or | ||||||
26 | reputation for violent, abusive or assaultive behavior, or |
| |||||||
| |||||||
1 | lack of such behavior. | ||||||
2 | (e) Detention order. The court shall, in any order for | ||||||
3 | detention: | ||||||
4 | (1) briefly summarize the evidence of the defendant's | ||||||
5 | culpability and its reasons for concluding that the | ||||||
6 | defendant should be held without bail; | ||||||
7 | (2) direct that the defendant be committed to the | ||||||
8 | custody of the sheriff for confinement in the county jail | ||||||
9 | pending trial; | ||||||
10 | (3) direct that the defendant be given a reasonable | ||||||
11 | opportunity for private consultation with counsel, and for | ||||||
12 | communication with others of his choice by visitation, | ||||||
13 | mail and telephone; and | ||||||
14 | (4) direct that the sheriff deliver the defendant as | ||||||
15 | required for appearances in connection with court | ||||||
16 | proceedings. | ||||||
17 | (f) If the court enters an order for the detention of the | ||||||
18 | defendant pursuant to subsection (e) of this Section, the | ||||||
19 | defendant shall be brought to trial on the offense for which he | ||||||
20 | is detained within 90 days after the date on which the order | ||||||
21 | for detention was entered. If the defendant is not brought to | ||||||
22 | trial within the 90 day period required by the preceding | ||||||
23 | sentence, he shall not be held longer without bail. In | ||||||
24 | computing the 90 day period, the court shall omit any period of | ||||||
25 | delay resulting from a continuance granted at the request of | ||||||
26 | the defendant. |
| |||||||
| |||||||
1 | (g) Rights of the defendant. Any person shall be entitled | ||||||
2 | to appeal any order entered under this Section denying bail to | ||||||
3 | the defendant. | ||||||
4 | (h) The State may appeal any order entered under this | ||||||
5 | Section denying any motion for denial of bail. | ||||||
6 | (i) Nothing in this Section shall be construed as | ||||||
7 | modifying or limiting in any way the defendant's presumption | ||||||
8 | of innocence in further criminal proceedings. | ||||||
9 | (a) Upon verified petition by the State, the court shall | ||||||
10 | hold a hearing and may deny a defendant pretrial release only | ||||||
11 | if: | ||||||
12 | (1) the defendant is charged with a felony offense | ||||||
13 | other than a forcible felony for which, based on the | ||||||
14 | charge or the defendant's criminal history, a sentence of | ||||||
15 | imprisonment, without probation, periodic imprisonment or | ||||||
16 | conditional discharge, is required by law upon conviction, | ||||||
17 | and it is alleged that the defendant's pretrial release | ||||||
18 | poses a real and present threat to the safety of any person | ||||||
19 | or persons or the community, based on the specific | ||||||
20 | articulable facts of the case; | ||||||
21 | (1.5) the defendant's pretrial release poses a real | ||||||
22 | and present threat to the safety of any person or persons | ||||||
23 | or the community, based on the specific articulable facts | ||||||
24 | of the case, and the defendant is charged with a forcible | ||||||
25 | felony, which as used in this Section, means treason, | ||||||
26 | first degree murder, second degree murder, predatory |
| |||||||
| |||||||
1 | criminal sexual assault of a child, aggravated criminal | ||||||
2 | sexual assault, criminal sexual assault, armed robbery, | ||||||
3 | aggravated robbery, robbery, burglary where there is use | ||||||
4 | of force against another person, residential burglary, | ||||||
5 | home invasion, vehicular invasion, aggravated arson, | ||||||
6 | arson, aggravated kidnaping, kidnaping, aggravated battery | ||||||
7 | resulting in great bodily harm or permanent disability or | ||||||
8 | disfigurement or any other felony which involves the | ||||||
9 | threat of or infliction of great bodily harm or permanent | ||||||
10 | disability or disfigurement; | ||||||
11 | (2) the defendant is charged with stalking or | ||||||
12 | aggravated stalking, and it is alleged that the | ||||||
13 | defendant's pre-trial release poses a real and present | ||||||
14 | threat to the safety of a victim of the alleged offense, | ||||||
15 | and denial of release is necessary to prevent fulfillment | ||||||
16 | of the threat upon which the charge is based; | ||||||
17 | (3) the defendant is charged with a violation of an | ||||||
18 | order of protection issued under Section 112A-14 of this | ||||||
19 | Code or Section 214 of the Illinois Domestic Violence Act | ||||||
20 | of 1986, a stalking no contact order under Section 80 of | ||||||
21 | the Stalking No Contact Order Act, or of a civil no contact | ||||||
22 | order under Section 213 of the Civil No Contact Order Act, | ||||||
23 | and it is alleged that the defendant's pretrial release | ||||||
24 | poses a real and present threat to the safety of any person | ||||||
25 | or persons or the community, based on the specific | ||||||
26 | articulable facts of the case; |
| |||||||
| |||||||
1 | (4) the defendant is charged with domestic battery or | ||||||
2 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
3 | of the Criminal Code of 2012 and it is alleged that the | ||||||
4 | defendant's pretrial release poses a real and present | ||||||
5 | threat to the safety of any person or persons or the | ||||||
6 | community, based on the specific articulable facts of the | ||||||
7 | case; | ||||||
8 | (5) the defendant is charged with any offense under | ||||||
9 | Article 11 of the Criminal Code of 2012, except for | ||||||
10 | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||||||
11 | 11-40, and 11-45 of the Criminal Code of 2012, or similar | ||||||
12 | provisions of the Criminal Code of 1961 and it is alleged | ||||||
13 | that the defendant's pretrial release poses a real and | ||||||
14 | present threat to the safety of any person or persons or | ||||||
15 | the community, based on the specific articulable facts of | ||||||
16 | the case; | ||||||
17 | (6) the defendant is charged with any of the following | ||||||
18 | offenses under the Criminal Code of 2012, and it is | ||||||
19 | alleged that the defendant's pretrial release poses a real | ||||||
20 | and present threat to the safety of any person or persons | ||||||
21 | or the community, based on the specific articulable facts | ||||||
22 | of the case: | ||||||
23 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
24 | firearm); | ||||||
25 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
26 | machine gun or a firearm equipped with a device |
| |||||||
| |||||||
1 | designed or use for silencing the report of a | ||||||
2 | firearm); | ||||||
3 | (C) Section 24-1.5 (reckless discharge of a | ||||||
4 | firearm); | ||||||
5 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
6 | (E) Section 24-2.2 (manufacture, sale or transfer | ||||||
7 | of bullets or shells represented to be armor piercing | ||||||
8 | bullets, dragon's breath shotgun shells, bolo shells, | ||||||
9 | or flechette shells); | ||||||
10 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
11 | firearms); | ||||||
12 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
13 | firearms on the premises of any school); | ||||||
14 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
15 | liquor license); | ||||||
16 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
17 | firearm); | ||||||
18 | (J) Section 24-3A (gunrunning); | ||||||
19 | (K) Section 24-3B (firearms trafficking); | ||||||
20 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
21 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
22 | of a minor); | ||||||
23 | (N) Section 10-9(d) (trafficking in persons); | ||||||
24 | (O) Non-probationable violations: (i) unlawful use | ||||||
25 | or possession of weapons by felons or persons in the | ||||||
26 | Custody of the Department of Corrections facilities |
| |||||||
| |||||||
1 | (Section 24-1.1), (ii) aggravated unlawful use of a | ||||||
2 | weapon (Section 24-1.6), or (iii) aggravated | ||||||
3 | possession of a stolen firearm (Section 24-3.9); | ||||||
4 | (P) Section 9-3 (reckless homicide and involuntary | ||||||
5 | manslaughter); | ||||||
6 | (Q) Section 19-3 (residential burglary); | ||||||
7 | (R) Section 10-5 (child abduction); | ||||||
8 | (S) Felony violations of Section 12C-5 (child | ||||||
9 | endangerment); | ||||||
10 | (T) Section 12-7.1 (hate crime); | ||||||
11 | (U) Section 10-3.1 (aggravated unlawful | ||||||
12 | restraint); | ||||||
13 | (V) Section 12-9 (threatening a public official); | ||||||
14 | (W) Subdivision (f)(1) of Section 12-3.05 | ||||||
15 | (aggravated battery with a deadly weapon other than by | ||||||
16 | discharge of a firearm); | ||||||
17 | (6.5) the defendant is charged with any of the | ||||||
18 | following offenses, and it is alleged that the defendant's | ||||||
19 | pretrial release poses a real and present threat to the | ||||||
20 | safety of any person or persons or the community, based on | ||||||
21 | the specific articulable facts of the case: | ||||||
22 | (A) Felony violations of Sections 3.01, 3.02, or | ||||||
23 | 3.03 of the Humane Care for Animals Act (cruel | ||||||
24 | treatment, aggravated cruelty, and animal torture); | ||||||
25 | (B) Subdivision (d)(1)(B) of Section 11-501 of the | ||||||
26 | Illinois Vehicle Code (aggravated driving under the |
| |||||||
| |||||||
1 | influence while operating a school bus with | ||||||
2 | passengers); | ||||||
3 | (C) Subdivision (d)(1)(C) of Section 11-501 of the | ||||||
4 | Illinois Vehicle Code (aggravated driving under the | ||||||
5 | influence causing great bodily harm); | ||||||
6 | (D) Subdivision (d)(1)(D) of Section 11-501 of the | ||||||
7 | Illinois Vehicle Code (aggravated driving under the | ||||||
8 | influence after a previous reckless homicide | ||||||
9 | conviction); | ||||||
10 | (E) Subdivision (d)(1)(F) of Section 11-501 of the | ||||||
11 | Illinois Vehicle Code (aggravated driving under the | ||||||
12 | influence leading to death); or | ||||||
13 | (F) Subdivision (d)(1)(J) of Section 11-501 of the | ||||||
14 | Illinois Vehicle Code (aggravated driving under the | ||||||
15 | influence that resulted in bodily harm to a child | ||||||
16 | under the age of 16); | ||||||
17 | (7) the defendant is charged with an attempt to commit | ||||||
18 | any charge listed in paragraphs (1) through (6.5), and it | ||||||
19 | is alleged that the defendant's pretrial release poses a | ||||||
20 | real and present threat to the safety of any person or | ||||||
21 | persons or the community, based on the specific | ||||||
22 | articulable facts of the case; or | ||||||
23 | (8) the person has a high likelihood of willful flight | ||||||
24 | to avoid prosecution and is charged with: | ||||||
25 | (A) Any felony described in subdivisions (a)(1) | ||||||
26 | through (a)(7) of this Section; or |
| |||||||
| |||||||
1 | (B) A felony offense other than a Class 4 offense. | ||||||
2 | (b) If the charged offense is a felony, as part of the | ||||||
3 | detention hearing, the court shall determine whether there is | ||||||
4 | probable cause the defendant has committed an offense, unless | ||||||
5 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
6 | been held or a grand jury has returned a true bill of | ||||||
7 | indictment against the defendant. If there is a finding of no | ||||||
8 | probable cause, the defendant shall be released. No such | ||||||
9 | finding is necessary if the defendant is charged with a | ||||||
10 | misdemeanor. | ||||||
11 | (c) Timing of petition. | ||||||
12 | (1) A petition may be filed without prior notice to | ||||||
13 | the defendant at the first appearance before a judge, or | ||||||
14 | within the 21 calendar days, except as provided in Section | ||||||
15 | 110-6, after arrest and release of the defendant upon | ||||||
16 | reasonable notice to defendant; provided that while such | ||||||
17 | petition is pending before the court, the defendant if | ||||||
18 | previously released shall not be detained. | ||||||
19 | (2) Upon filing, the court shall immediately hold a | ||||||
20 | hearing on the petition unless a continuance is requested. | ||||||
21 | If a continuance is requested and granted, the hearing | ||||||
22 | shall be held within 48 hours of the defendant's first | ||||||
23 | appearance if the defendant is charged with first degree | ||||||
24 | murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||||||
25 | and within 24 hours if the defendant is charged with a | ||||||
26 | Class 4 or misdemeanor offense. The Court may deny or |
| |||||||
| |||||||
1 | grant the request for continuance. If the court decides to | ||||||
2 | grant the continuance, the Court retains the discretion to | ||||||
3 | detain or release the defendant in the time between the | ||||||
4 | filing of the petition and the hearing. | ||||||
5 | (d) Contents of petition. | ||||||
6 | (1) The petition shall be verified by the State and | ||||||
7 | shall state the grounds upon which it contends the | ||||||
8 | defendant should be denied pretrial release, including the | ||||||
9 | real and present threat to the safety of any person or | ||||||
10 | persons or the community, based on the specific | ||||||
11 | articulable facts or flight risk, as appropriate. | ||||||
12 | (2) If the State seeks to file a second or subsequent | ||||||
13 | petition under this Section, the State shall be required | ||||||
14 | to present a verified application setting forth in detail | ||||||
15 | any new facts not known or obtainable at the time of the | ||||||
16 | filing of the previous petition. | ||||||
17 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
18 | for pretrial release, and the State shall bear the burden of | ||||||
19 | proving by clear and convincing evidence that: | ||||||
20 | (1) the proof is evident or the presumption great that | ||||||
21 | the defendant has committed an offense listed in | ||||||
22 | subsection (a), and | ||||||
23 | (2) for offenses listed in paragraphs (1) through (7) | ||||||
24 | of subsection (a), the defendant poses a real and present | ||||||
25 | threat to the safety of any person or persons or the | ||||||
26 | community, based on the specific articulable facts of the |
| |||||||
| |||||||
1 | case, by conduct which may include, but is not limited to, | ||||||
2 | a forcible felony, the obstruction of justice, | ||||||
3 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
4 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
5 | 1986, and | ||||||
6 | (3) no condition or combination of conditions set | ||||||
7 | forth in subsection (b) of Section 110-10 of this Article | ||||||
8 | can mitigate (i) the real and present threat to the safety | ||||||
9 | of any person or persons or the community, based on the | ||||||
10 | specific articulable facts of the case, for offenses | ||||||
11 | listed in paragraphs (1) through (7) of subsection (a), or | ||||||
12 | (ii) the defendant's willful flight for offenses listed in | ||||||
13 | paragraph (8) of subsection (a), and | ||||||
14 | (4) for offenses under subsection (b) of Section 407 | ||||||
15 | of the Illinois Controlled Substances Act that are subject | ||||||
16 | to paragraph (1) of subsection (a), no condition or | ||||||
17 | combination of conditions set forth in subsection (b) of | ||||||
18 | Section 110-10 of this Article can mitigate the real and | ||||||
19 | present threat to the safety of any person or persons or | ||||||
20 | the community, based on the specific articulable facts of | ||||||
21 | the case, and the defendant poses a serious risk to not | ||||||
22 | appear in court as required. | ||||||
23 | (f) Conduct of the hearings. | ||||||
24 | (1) Prior to the hearing, the State shall tender to | ||||||
25 | the defendant copies of the defendant's criminal history | ||||||
26 | available, any written or recorded statements, and the |
| |||||||
| |||||||
1 | substance of any oral statements made by any person, if | ||||||
2 | relied upon by the State in its petition, and any police | ||||||
3 | reports in the prosecutor's possession at the time of the | ||||||
4 | hearing. | ||||||
5 | (2) The State or defendant may present evidence at the | ||||||
6 | hearing by way of proffer based upon reliable information. | ||||||
7 | (3) The defendant has the right to be represented by | ||||||
8 | counsel, and if he or she is indigent, to have counsel | ||||||
9 | appointed for him or her. The defendant shall have the | ||||||
10 | opportunity to testify, to present witnesses on his or her | ||||||
11 | own behalf, and to cross-examine any witnesses that are | ||||||
12 | called by the State. Defense counsel shall be given | ||||||
13 | adequate opportunity to confer with the defendant before | ||||||
14 | any hearing at which conditions of release or the | ||||||
15 | detention of the defendant are to be considered, with an | ||||||
16 | accommodation for a physical condition made to facilitate | ||||||
17 | attorney/client consultation. If defense counsel needs to | ||||||
18 | confer or consult with the defendant during any hearing | ||||||
19 | conducted via a two-way audio-visual communication system, | ||||||
20 | such consultation shall not be recorded and shall be | ||||||
21 | undertaken consistent with constitutional protections. | ||||||
22 | (3.5) A hearing at which pretrial release may be | ||||||
23 | denied must be conducted in person (and not by way of | ||||||
24 | two-way audio visual communication) unless the accused | ||||||
25 | waives the right to be present physically in court, the | ||||||
26 | court determines that the physical health and safety of |
| |||||||
| |||||||
1 | any person necessary to the proceedings would be | ||||||
2 | endangered by appearing in court, or the chief judge of | ||||||
3 | the circuit orders use of that system due to operational | ||||||
4 | challenges in conducting the hearing in person. Such | ||||||
5 | operational challenges must be documented and approved by | ||||||
6 | the chief judge of the circuit, and a plan to address the | ||||||
7 | challenges through reasonable efforts must be presented | ||||||
8 | and approved by the Administrative Office of the Illinois | ||||||
9 | Courts every 6 months. | ||||||
10 | (4) If the defense seeks to compel the complaining | ||||||
11 | witness to testify as a witness in its favor, it shall | ||||||
12 | petition the court for permission. When the ends of | ||||||
13 | justice so require, the court may exercise its discretion | ||||||
14 | and compel the appearance of a complaining witness. The | ||||||
15 | court shall state on the record reasons for granting a | ||||||
16 | defense request to compel the presence of a complaining | ||||||
17 | witness only on the issue of the defendant's pretrial | ||||||
18 | detention. In making a determination under this Section, | ||||||
19 | the court shall state on the record the reason for | ||||||
20 | granting a defense request to compel the presence of a | ||||||
21 | complaining witness, and only grant the request if the | ||||||
22 | court finds by clear and convincing evidence that the | ||||||
23 | defendant will be materially prejudiced if the complaining | ||||||
24 | witness does not appear. Cross-examination of a | ||||||
25 | complaining witness at the pretrial detention hearing for | ||||||
26 | the purpose of impeaching the witness' credibility is |
| |||||||
| |||||||
1 | insufficient reason to compel the presence of the witness. | ||||||
2 | In deciding whether to compel the appearance of a | ||||||
3 | complaining witness, the court shall be considerate of the | ||||||
4 | emotional and physical well-being of the witness. The | ||||||
5 | pre-trial detention hearing is not to be used for purposes | ||||||
6 | of discovery, and the post arraignment rules of discovery | ||||||
7 | do not apply. The State shall tender to the defendant, | ||||||
8 | prior to the hearing, copies, if any, of the defendant's | ||||||
9 | criminal history, if available, and any written or | ||||||
10 | recorded statements and the substance of any oral | ||||||
11 | statements made by any person, if in the State's | ||||||
12 | Attorney's possession at the time of the hearing. | ||||||
13 | (5) The rules concerning the admissibility of evidence | ||||||
14 | in criminal trials do not apply to the presentation and | ||||||
15 | consideration of information at the hearing. At the trial | ||||||
16 | concerning the offense for which the hearing was conducted | ||||||
17 | neither the finding of the court nor any transcript or | ||||||
18 | other record of the hearing shall be admissible in the | ||||||
19 | State's case-in-chief, but shall be admissible for | ||||||
20 | impeachment, or as provided in Section 115-10.1 of this | ||||||
21 | Code, or in a perjury proceeding. | ||||||
22 | (6) The defendant may not move to suppress evidence or | ||||||
23 | a confession, however, evidence that proof of the charged | ||||||
24 | crime may have been the result of an unlawful search or | ||||||
25 | seizure, or both, or through improper interrogation, is | ||||||
26 | relevant in assessing the weight of the evidence against |
| |||||||
| |||||||
1 | the defendant. | ||||||
2 | (7) Decisions regarding release, conditions of | ||||||
3 | release, and detention prior to trial must be | ||||||
4 | individualized, and no single factor or standard may be | ||||||
5 | used exclusively to order detention. Risk assessment tools | ||||||
6 | may not be used as the sole basis to deny pretrial release. | ||||||
7 | (g) Factors to be considered in making a determination of | ||||||
8 | dangerousness. The court may, in determining whether the | ||||||
9 | defendant poses a real and present threat to the safety of any | ||||||
10 | person or persons or the community, based on the specific | ||||||
11 | articulable facts of the case, consider, but shall not be | ||||||
12 | limited to, evidence or testimony concerning: | ||||||
13 | (1) The nature and circumstances of any offense | ||||||
14 | charged, including whether the offense is a crime of | ||||||
15 | violence, involving a weapon, or a sex offense. | ||||||
16 | (2) The history and characteristics of the defendant | ||||||
17 | including: | ||||||
18 | (A) Any evidence of the defendant's prior criminal | ||||||
19 | history indicative of violent, abusive or assaultive | ||||||
20 | behavior, or lack of such behavior. Such evidence may | ||||||
21 | include testimony or documents received in juvenile | ||||||
22 | proceedings, criminal, quasi-criminal, civil | ||||||
23 | commitment, domestic relations, or other proceedings. | ||||||
24 | (B) Any evidence of the defendant's psychological, | ||||||
25 | psychiatric or other similar social history which | ||||||
26 | tends to indicate a violent, abusive, or assaultive |
| |||||||
| |||||||
1 | nature, or lack of any such history. | ||||||
2 | (3) The identity of any person or persons to whose | ||||||
3 | safety the defendant is believed to pose a threat, and the | ||||||
4 | nature of the threat. | ||||||
5 | (4) Any statements made by, or attributed to the | ||||||
6 | defendant, together with the circumstances surrounding | ||||||
7 | them. | ||||||
8 | (5) The age and physical condition of the defendant. | ||||||
9 | (6) The age and physical condition of any victim or | ||||||
10 | complaining witness. | ||||||
11 | (7) Whether the defendant is known to possess or have | ||||||
12 | access to any weapon or weapons. | ||||||
13 | (8) Whether, at the time of the current offense or any | ||||||
14 | other offense or arrest, the defendant was on probation, | ||||||
15 | parole, aftercare release, mandatory supervised release or | ||||||
16 | other release from custody pending trial, sentencing, | ||||||
17 | appeal or completion of sentence for an offense under | ||||||
18 | federal or state law. | ||||||
19 | (9) Any other factors, including those listed in | ||||||
20 | Section 110-5 of this Article deemed by the court to have a | ||||||
21 | reasonable bearing upon the defendant's propensity or | ||||||
22 | reputation for violent, abusive, or assaultive behavior, | ||||||
23 | or lack of such behavior. | ||||||
24 | (h) Detention order. The court shall, in any order for | ||||||
25 | detention: | ||||||
26 | (1) make a written finding summarizing the court's |
| |||||||
| |||||||
1 | reasons for concluding that the defendant should be denied | ||||||
2 | pretrial release, including why less restrictive | ||||||
3 | conditions would not avoid a real and present threat to | ||||||
4 | the safety of any person or persons or the community, | ||||||
5 | based on the specific articulable facts of the case, or | ||||||
6 | prevent the defendant's willful flight from prosecution; | ||||||
7 | (2) direct that the defendant be committed to the | ||||||
8 | custody of the sheriff for confinement in the county jail | ||||||
9 | pending trial; | ||||||
10 | (3) direct that the defendant be given a reasonable | ||||||
11 | opportunity for private consultation with counsel, and for | ||||||
12 | communication with others of his or her choice by | ||||||
13 | visitation, mail and telephone; and | ||||||
14 | (4) direct that the sheriff deliver the defendant as | ||||||
15 | required for appearances in connection with court | ||||||
16 | proceedings. | ||||||
17 | (i) Detention. If the court enters an order for the | ||||||
18 | detention of the defendant pursuant to subsection (e) of this | ||||||
19 | Section, the defendant shall be brought to trial on the | ||||||
20 | offense for which he is detained within 90 days after the date | ||||||
21 | on which the order for detention was entered. If the defendant | ||||||
22 | is not brought to trial within the 90-day period required by | ||||||
23 | the preceding sentence, he shall not be denied pretrial | ||||||
24 | release. In computing the 90-day period, the court shall omit | ||||||
25 | any period of delay resulting from a continuance granted at | ||||||
26 | the request of the defendant and any period of delay resulting |
| |||||||
| |||||||
1 | from a continuance granted at the request of the State with | ||||||
2 | good cause shown pursuant to Section 103-5. | ||||||
3 | (i-5) At each subsequent appearance of the defendant | ||||||
4 | before the court, the judge must find that continued detention | ||||||
5 | is necessary to avoid a real and present threat to the safety | ||||||
6 | of any person or persons or the community, based on the | ||||||
7 | specific articulable facts of the case, or to prevent the | ||||||
8 | defendant's willful flight from prosecution. | ||||||
9 | (j) Rights of the defendant. The defendant shall be | ||||||
10 | entitled to appeal any order entered under this Section | ||||||
11 | denying his or her pretrial release. | ||||||
12 | (k) Appeal. The State may appeal any order entered under | ||||||
13 | this Section denying any motion for denial of pretrial | ||||||
14 | release. | ||||||
15 | (l) Presumption of innocence. Nothing in this Section | ||||||
16 | shall be construed as modifying or limiting in any way the | ||||||
17 | defendant's presumption of innocence in further criminal | ||||||
18 | proceedings. | ||||||
19 | (m) Interest of victims. | ||||||
20 | (1) Crime victims shall be given notice by the State's | ||||||
21 | Attorney's office of this hearing as required in paragraph (1) | ||||||
22 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
23 | and Witnesses Act and shall be informed of their opportunity | ||||||
24 | at this hearing to obtain a protective order. | ||||||
25 | (2) If the defendant is denied pretrial release, the court | ||||||
26 | may impose a no contact provision with the victim or other |
| |||||||
| |||||||
1 | interested party that shall be enforced while the defendant | ||||||
2 | remains in custody. | ||||||
3 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23 .)
| ||||||
4 | (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2) | ||||||
5 | Sec. 110-6.2. Post-conviction detention. | ||||||
6 | (a) The court may order that a person who has been found | ||||||
7 | guilty of an offense and who is waiting imposition or | ||||||
8 | execution of sentence be held without bond release unless the | ||||||
9 | court finds by clear and convincing evidence that the person | ||||||
10 | is not likely to flee or pose a danger to any other person or | ||||||
11 | the community if released under Sections 110-5 and 110-10 of | ||||||
12 | this Act. | ||||||
13 | (b) The court may order that person who has been found | ||||||
14 | guilty of an offense and sentenced to a term of imprisonment be | ||||||
15 | held without bond release unless the court finds by clear and | ||||||
16 | convincing evidence that: | ||||||
17 | (1) the person is not likely to flee or pose a danger | ||||||
18 | to the safety of any other person or the community if | ||||||
19 | released on bond pending appeal; and | ||||||
20 | (2) that the appeal is not for purpose of delay and | ||||||
21 | raises a substantial question of law or fact likely to | ||||||
22 | result in reversal or an order for a new trial. | ||||||
23 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
24 | (725 ILCS 5/110-6.4) |
| |||||||
| |||||||
1 | Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||||||
2 | Court may establish a statewide risk-assessment tool to be | ||||||
3 | used in proceedings to assist the court in establishing bail | ||||||
4 | conditions of pretrial release for a defendant by assessing | ||||||
5 | the defendant's likelihood of appearing at future court | ||||||
6 | proceedings or determining if the defendant poses a real and | ||||||
7 | present threat to the physical safety of any person or | ||||||
8 | persons. The Supreme Court shall consider establishing a | ||||||
9 | risk-assessment tool that does not discriminate on the basis | ||||||
10 | of race, gender, educational level, socio-economic status, or | ||||||
11 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
12 | circuit that does not require a personal interview to be | ||||||
13 | completed, the Chief Judge of the circuit or the director of | ||||||
14 | the pretrial services agency may exempt the requirement under | ||||||
15 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
16 | Services Act. | ||||||
17 | For the purpose of this Section, "risk-assessment tool" | ||||||
18 | means an empirically validated, evidence-based screening | ||||||
19 | instrument that demonstrates reduced instances of a | ||||||
20 | defendant's failure to appear for further court proceedings or | ||||||
21 | prevents future criminal activity. | ||||||
22 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
23 | 101-652, eff. 1-1-23 .)
| ||||||
24 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) | ||||||
25 | Sec. 110-10. Conditions of bail bond pretrial release . |
| |||||||
| |||||||
1 | (a) If a person is released prior to conviction, either | ||||||
2 | upon payment of bail security or on his or her own | ||||||
3 | recognizance, the conditions of the bail bond pretrial release | ||||||
4 | shall be that he or she will: | ||||||
5 | (1) Appear to answer the charge in the court having | ||||||
6 | jurisdiction on a day certain and thereafter as ordered by | ||||||
7 | the court until discharged or final order of the court; | ||||||
8 | (2) Submit himself or herself to the orders and | ||||||
9 | process of the court; | ||||||
10 | (3) (Blank); | ||||||
11 | (3.1) Not depart this State without leave of the | ||||||
12 | court; | ||||||
13 | (4) Not violate any criminal statute of any | ||||||
14 | jurisdiction; | ||||||
15 | (5) At a time and place designated by the court, | ||||||
16 | surrender all firearms in his or her possession to a law | ||||||
17 | enforcement officer designated by the court to take | ||||||
18 | custody of and impound the firearms and physically | ||||||
19 | surrender his or her Firearm Owner's Identification Card | ||||||
20 | to the clerk of the circuit court when the offense the | ||||||
21 | person has been charged with is a forcible felony, | ||||||
22 | stalking, aggravated stalking, domestic battery, any | ||||||
23 | violation of the Illinois Controlled Substances Act, the | ||||||
24 | Methamphetamine Control and Community Protection Act, or | ||||||
25 | the Cannabis Control Act that is classified as a Class 2 or | ||||||
26 | greater felony, or any felony violation of Article 24 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
2 | court may, however, forgo the imposition of this condition | ||||||
3 | when the circumstances of the case clearly do not warrant | ||||||
4 | it or when its imposition would be impractical; if the | ||||||
5 | Firearm Owner's Identification Card is confiscated, the | ||||||
6 | clerk of the circuit court shall mail the confiscated card | ||||||
7 | to the Illinois State Police; all legally possessed | ||||||
8 | firearms shall be returned to the person upon the charges | ||||||
9 | being dismissed, or if the person is found not guilty, | ||||||
10 | unless the finding of not guilty is by reason of insanity; | ||||||
11 | and | ||||||
12 | (6) At a time and place designated by the court, | ||||||
13 | submit to a psychological evaluation when the person has | ||||||
14 | been charged with a violation of item (4) of subsection | ||||||
15 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 and that violation occurred in a | ||||||
17 | school or in any conveyance owned, leased, or contracted | ||||||
18 | by a school to transport students to or from school or a | ||||||
19 | school-related activity, or on any public way within 1,000 | ||||||
20 | feet of real property comprising any school. | ||||||
21 | Psychological evaluations ordered pursuant to this Section | ||||||
22 | shall be completed promptly and made available to the State, | ||||||
23 | the defendant, and the court. As a further condition of bail | ||||||
24 | pretrial release under these circumstances, the court shall | ||||||
25 | order the defendant to refrain from entering upon the property | ||||||
26 | of the school, including any conveyance owned, leased, or |
| |||||||
| |||||||
1 | contracted by a school to transport students to or from school | ||||||
2 | or a school-related activity, or on any public way within | ||||||
3 | 1,000 feet of real property comprising any school. Upon | ||||||
4 | receipt of the psychological evaluation, either the State or | ||||||
5 | the defendant may request a change in the conditions of bail | ||||||
6 | pretrial release , pursuant to Section 110-6 of this Code. The | ||||||
7 | court may change the conditions of bail pretrial release to | ||||||
8 | include a requirement that the defendant follow the | ||||||
9 | recommendations of the psychological evaluation, including | ||||||
10 | undergoing psychiatric treatment. The conclusions of the | ||||||
11 | psychological evaluation and any statements elicited from the | ||||||
12 | defendant during its administration are not admissible as | ||||||
13 | evidence of guilt during the course of any trial on the charged | ||||||
14 | offense, unless the defendant places his or her mental | ||||||
15 | competency in issue. | ||||||
16 | (b) The court may impose other conditions, such as the | ||||||
17 | following, if the court finds that such conditions are | ||||||
18 | reasonably necessary to assure the defendant's appearance in | ||||||
19 | court, protect the public from the defendant, or prevent the | ||||||
20 | defendant's unlawful interference with the orderly | ||||||
21 | administration of justice: | ||||||
22 | (1) Report to or appear in person before such person | ||||||
23 | or agency as the court may direct; | ||||||
24 | (2) Refrain from possessing a firearm or other | ||||||
25 | dangerous weapon; | ||||||
26 | (3) Refrain from approaching or communicating with |
| |||||||
| |||||||
1 | particular persons or classes of persons; | ||||||
2 | (4) Refrain from going to certain described | ||||||
3 | geographical areas or premises; | ||||||
4 | (5) Refrain from engaging in certain activities or | ||||||
5 | indulging in intoxicating liquors or in certain drugs; | ||||||
6 | (6) Undergo treatment for drug addiction or | ||||||
7 | alcoholism; | ||||||
8 | (7) Undergo medical or psychiatric treatment; | ||||||
9 | (8) Work or pursue a course of study or vocational | ||||||
10 | training; | ||||||
11 | (9) Attend or reside in a facility designated by the | ||||||
12 | court; | ||||||
13 | (10) Support his or her dependents; | ||||||
14 | (11) If a minor resides with his or her parents or in a | ||||||
15 | foster home, attend school, attend a non-residential | ||||||
16 | program for youths, and contribute to his or her own | ||||||
17 | support at home or in a foster home; | ||||||
18 | (12) Observe any curfew ordered by the court; | ||||||
19 | (13) Remain in the custody of such designated person | ||||||
20 | or organization agreeing to supervise his release. Such | ||||||
21 | third party custodian shall be responsible for notifying | ||||||
22 | the court if the defendant fails to observe the conditions | ||||||
23 | of release which the custodian has agreed to monitor, and | ||||||
24 | shall be subject to contempt of court for failure so to | ||||||
25 | notify the court; | ||||||
26 | (14) Be placed under direct supervision of the |
| |||||||
| |||||||
1 | Pretrial Services Agency, Probation Department or Court | ||||||
2 | Services Department in a pretrial bond home supervision | ||||||
3 | capacity with or without the use of an approved electronic | ||||||
4 | monitoring device subject to Article 8A of Chapter V of | ||||||
5 | the Unified Code of Corrections; | ||||||
6 | (14.1) The court shall impose upon a defendant who is | ||||||
7 | charged with any alcohol, cannabis, methamphetamine, or | ||||||
8 | controlled substance violation and is placed under direct | ||||||
9 | supervision of the Pretrial Services Agency, Probation | ||||||
10 | Department or Court Services Department in a pretrial bond | ||||||
11 | home supervision capacity with the use of an approved | ||||||
12 | monitoring device, as a condition of such bail bond, a fee | ||||||
13 | that represents costs incidental to the electronic | ||||||
14 | monitoring for each day of such bail supervision ordered | ||||||
15 | by the court, unless after determining the inability of | ||||||
16 | the defendant to pay the fee, the court assesses a lesser | ||||||
17 | fee or no fee as the case may be. The fee shall be | ||||||
18 | collected by the clerk of the circuit court, except as | ||||||
19 | provided in an administrative order of the Chief Judge of | ||||||
20 | the circuit court. The clerk of the circuit court shall | ||||||
21 | pay all monies collected from this fee to the county | ||||||
22 | treasurer for deposit in the substance abuse services fund | ||||||
23 | under Section 5-1086.1 of the Counties Code, except as | ||||||
24 | provided in an administrative order of the Chief Judge of | ||||||
25 | the circuit court. | ||||||
26 | The Chief Judge of the circuit court of the county may |
| |||||||
| |||||||
1 | by administrative order establish a program for electronic | ||||||
2 | monitoring of offenders with regard to drug-related and | ||||||
3 | alcohol-related offenses, in which a vendor supplies and | ||||||
4 | monitors the operation of the electronic monitoring | ||||||
5 | device, and collects the fees on behalf of the county. The | ||||||
6 | program shall include provisions for indigent offenders | ||||||
7 | and the collection of unpaid fees. The program shall not | ||||||
8 | unduly burden the offender and shall be subject to review | ||||||
9 | by the Chief Judge. | ||||||
10 | The Chief Judge of the circuit court may suspend any | ||||||
11 | additional charges or fees for late payment, interest, or | ||||||
12 | damage to any device; | ||||||
13 | (14.2) The court shall impose upon all defendants, | ||||||
14 | including those defendants subject to paragraph (14.1) | ||||||
15 | above, placed under direct supervision of the Pretrial | ||||||
16 | Services Agency, Probation Department or Court Services | ||||||
17 | Department in a pretrial bond home supervision capacity | ||||||
18 | with the use of an approved monitoring device, as a | ||||||
19 | condition of such bail bond, a fee which shall represent | ||||||
20 | costs incidental to such electronic monitoring for each | ||||||
21 | day of such bail supervision ordered by the court, unless | ||||||
22 | after determining the inability of the defendant to pay | ||||||
23 | the fee, the court assesses a lesser fee or no fee as the | ||||||
24 | case may be. The fee shall be collected by the clerk of the | ||||||
25 | circuit court, except as provided in an administrative | ||||||
26 | order of the Chief Judge of the circuit court. The clerk of |
| |||||||
| |||||||
1 | the circuit court shall pay all monies collected from this | ||||||
2 | fee to the county treasurer who shall use the monies | ||||||
3 | collected to defray the costs of corrections. The county | ||||||
4 | treasurer shall deposit the fee collected in the county | ||||||
5 | working cash fund under Section 6-27001 or Section 6-29002 | ||||||
6 | of the Counties Code, as the case may be, except as | ||||||
7 | provided in an administrative order of the Chief Judge of | ||||||
8 | the circuit court. | ||||||
9 | The Chief Judge of the circuit court of the county may | ||||||
10 | by administrative order establish a program for electronic | ||||||
11 | monitoring of offenders with regard to drug-related and | ||||||
12 | alcohol-related offenses, in which a vendor supplies and | ||||||
13 | monitors the operation of the electronic monitoring | ||||||
14 | device, and collects the fees on behalf of the county. The | ||||||
15 | program shall include provisions for indigent offenders | ||||||
16 | and the collection of unpaid fees. The program shall not | ||||||
17 | unduly burden the offender and shall be subject to review | ||||||
18 | by the Chief Judge. | ||||||
19 | The Chief Judge of the circuit court may suspend any | ||||||
20 | additional charges or fees for late payment, interest, or | ||||||
21 | damage to any device; | ||||||
22 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
23 | establish reasonable fees to be paid by a person receiving | ||||||
24 | pretrial services while under supervision of a pretrial | ||||||
25 | services agency, probation department, or court services | ||||||
26 | department. Reasonable fees may be charged for pretrial |
| |||||||
| |||||||
1 | services including, but not limited to, pretrial | ||||||
2 | supervision, diversion programs, electronic monitoring, | ||||||
3 | victim impact services, drug and alcohol testing, DNA | ||||||
4 | testing, GPS electronic monitoring, assessments and | ||||||
5 | evaluations related to domestic violence and other | ||||||
6 | victims, and victim mediation services. The person | ||||||
7 | receiving pretrial services may be ordered to pay all | ||||||
8 | costs incidental to pretrial services in accordance with | ||||||
9 | his or her ability to pay those costs; | ||||||
10 | (14.4) For persons charged with violating Section | ||||||
11 | 11-501 of the Illinois Vehicle Code, refrain from | ||||||
12 | operating a motor vehicle not equipped with an ignition | ||||||
13 | interlock device, as defined in Section 1-129.1 of the | ||||||
14 | Illinois Vehicle Code, pursuant to the rules promulgated | ||||||
15 | by the Secretary of State for the installation of ignition | ||||||
16 | interlock devices. Under this condition the court may | ||||||
17 | allow a defendant who is not self-employed to operate a | ||||||
18 | vehicle owned by the defendant's employer that is not | ||||||
19 | equipped with an ignition interlock device in the course | ||||||
20 | and scope of the defendant's employment; | ||||||
21 | (15) Comply with the terms and conditions of an order | ||||||
22 | of protection issued by the court under the Illinois | ||||||
23 | Domestic Violence Act of 1986 or an order of protection | ||||||
24 | issued by the court of another state, tribe, or United | ||||||
25 | States territory; | ||||||
26 | (16) Under Section 110-6.5-1 comply with the |
| |||||||
| |||||||
1 | conditions of the drug testing program; and | ||||||
2 | (17) Such other reasonable conditions as the court may | ||||||
3 | impose. | ||||||
4 | (b) Additional conditions of release shall be set only | ||||||
5 | when it is determined that they are necessary to ensure the | ||||||
6 | defendant's appearance in court, ensure the defendant does not | ||||||
7 | commit any criminal offense, ensure the defendant complies | ||||||
8 | with all conditions of pretrial release, prevent the | ||||||
9 | defendant's unlawful interference with the orderly | ||||||
10 | administration of justice, or ensure compliance with the rules | ||||||
11 | and procedures of problem solving courts. However, conditions | ||||||
12 | shall include the least restrictive means and be | ||||||
13 | individualized. Conditions shall not mandate rehabilitative | ||||||
14 | services unless directly tied to the risk of pretrial | ||||||
15 | misconduct. Conditions of supervision shall not include | ||||||
16 | punitive measures such as community service work or | ||||||
17 | restitution. Conditions may include the following: | ||||||
18 | (0.05) Not depart this State without leave of the | ||||||
19 | court; | ||||||
20 | (1) Report to or appear in person before such person | ||||||
21 | or agency as the court may direct; | ||||||
22 | (2) Refrain from possessing a firearm or other | ||||||
23 | dangerous weapon; | ||||||
24 | (3) Refrain from approaching or communicating with | ||||||
25 | particular persons or classes of persons; | ||||||
26 | (4) Refrain from going to certain described geographic |
| |||||||
| |||||||
1 | areas or premises; | ||||||
2 | (5) Be placed under direct supervision of the Pretrial | ||||||
3 | Services Agency, Probation Department or Court Services | ||||||
4 | Department in a pretrial home supervision capacity with or | ||||||
5 | without the use of an approved electronic monitoring | ||||||
6 | device subject to Article 8A of Chapter V of the Unified | ||||||
7 | Code of Corrections; | ||||||
8 | (6) For persons charged with violating Section 11-501 | ||||||
9 | of the Illinois Vehicle Code, refrain from operating a | ||||||
10 | motor vehicle not equipped with an ignition interlock | ||||||
11 | device, as defined in Section 1-129.1 of the Illinois | ||||||
12 | Vehicle Code, pursuant to the rules promulgated by the | ||||||
13 | Secretary of State for the installation of ignition | ||||||
14 | interlock devices. Under this condition the court may | ||||||
15 | allow a defendant who is not self-employed to operate a | ||||||
16 | vehicle owned by the defendant's employer that is not | ||||||
17 | equipped with an ignition interlock device in the course | ||||||
18 | and scope of the defendant's employment; | ||||||
19 | (7) Comply with the terms and conditions of an order | ||||||
20 | of protection issued by the court under the Illinois | ||||||
21 | Domestic Violence Act of 1986 or an order of protection | ||||||
22 | issued by the court of another state, tribe, or United | ||||||
23 | States territory; | ||||||
24 | (8) Sign a written admonishment requiring that he or | ||||||
25 | she comply with the provisions of Section 110-12 regarding | ||||||
26 | any change in his or her address. The defendant's address |
| |||||||
| |||||||
1 | shall at all times remain a matter of record with the clerk | ||||||
2 | of the court; and | ||||||
3 | (9) Such other reasonable conditions as the court may | ||||||
4 | impose, so long as these conditions are the least | ||||||
5 | restrictive means to achieve the goals listed in | ||||||
6 | subsection (b), are individualized, and are in accordance | ||||||
7 | with national best practices as detailed in the Pretrial | ||||||
8 | Supervision Standards of the Supreme Court. | ||||||
9 | The defendant shall receive verbal and written | ||||||
10 | notification of conditions of pretrial release and future | ||||||
11 | court dates, including the date, time, and location of court. | ||||||
12 | (c) When a person is charged with an offense under Section | ||||||
13 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
14 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, involving a victim who is a minor under | ||||||
16 | 18 years of age living in the same household with the defendant | ||||||
17 | at the time of the offense, in granting bail or releasing the | ||||||
18 | defendant on his or her recognizance , the judge shall impose | ||||||
19 | conditions to restrict the defendant's access to the victim | ||||||
20 | which may include, but are not limited to conditions that he | ||||||
21 | will: | ||||||
22 | 1. Vacate the household. | ||||||
23 | 2. Make payment of temporary support to his | ||||||
24 | dependents. | ||||||
25 | 3. Refrain from contact or communication with the | ||||||
26 | child victim, except as ordered by the court. |
| |||||||
| |||||||
1 | (d) When a person is charged with a criminal offense and | ||||||
2 | the victim is a family or household member as defined in | ||||||
3 | Article 112A, conditions shall be imposed at the time of the | ||||||
4 | defendant's release on bond that restrict the defendant's | ||||||
5 | access to the victim. Unless provided otherwise by the court, | ||||||
6 | the restrictions shall include requirements that the defendant | ||||||
7 | do the following: | ||||||
8 | (1) refrain from contact or communication with the | ||||||
9 | victim for a minimum period of 72 hours following the | ||||||
10 | defendant's release; and | ||||||
11 | (2) refrain from entering or remaining at the victim's | ||||||
12 | residence for a minimum period of 72 hours following the | ||||||
13 | defendant's release. | ||||||
14 | (e) Local law enforcement agencies shall develop | ||||||
15 | standardized bond pretrial release forms for use in cases | ||||||
16 | involving family or household members as defined in Article | ||||||
17 | 112A, including specific conditions of bond pretrial release | ||||||
18 | as provided in subsection (d). Failure of any law enforcement | ||||||
19 | department to develop or use those forms shall in no way limit | ||||||
20 | the applicability and enforcement of subsections (d) and (f). | ||||||
21 | (f) If the defendant is admitted to bail released after | ||||||
22 | conviction following appeal or other post-conviction | ||||||
23 | proceeding , the conditions of the bail bond pretrial release | ||||||
24 | shall be that he will, in addition to the conditions set forth | ||||||
25 | in subsections (a) and (b) hereof: | ||||||
26 | (1) Duly prosecute his appeal; |
| |||||||
| |||||||
1 | (2) Appear at such time and place as the court may | ||||||
2 | direct; | ||||||
3 | (3) Not depart this State without leave of the court; | ||||||
4 | (4) Comply with such other reasonable conditions as | ||||||
5 | the court may impose; and | ||||||
6 | (5) If the judgment is affirmed or the cause reversed | ||||||
7 | and remanded for a new trial, forthwith surrender to the | ||||||
8 | officer from whose custody he was bailed released . | ||||||
9 | (g) Upon a finding of guilty for any felony offense, the | ||||||
10 | defendant shall physically surrender, at a time and place | ||||||
11 | designated by the court, any and all firearms in his or her | ||||||
12 | possession and his or her Firearm Owner's Identification Card | ||||||
13 | as a condition of remaining on bond being released pending | ||||||
14 | sentencing. | ||||||
15 | (h) In the event the defendant is unable to post bond, the | ||||||
16 | court may impose a no contact provision with the victim or | ||||||
17 | other interested party that shall be enforced while the | ||||||
18 | defendant remains in custody. | ||||||
19 | (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
20 | 102-1104, eff. 1-1-23.)
| ||||||
21 | (725 ILCS 5/110-11) (from Ch. 38, par. 110-11) | ||||||
22 | Sec. 110-11. Bail Pretrial release on a new trial. If the | ||||||
23 | judgment of conviction is reversed and the cause remanded for | ||||||
24 | a new trial the trial court may order that the bail conditions | ||||||
25 | of pretrial release stand pending such trial, or reduce or |
| |||||||
| |||||||
1 | increase bail modify the conditions of pretrial release . | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
3 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12) | ||||||
4 | Sec. 110-12. Notice of change of address. A defendant who | ||||||
5 | has been admitted to bail pretrial release shall file a | ||||||
6 | written notice with the clerk of the court before which the | ||||||
7 | proceeding is pending of any change in his or her address | ||||||
8 | within 24 hours after such change, except that a defendant who | ||||||
9 | has been admitted to bail pretrial release for a forcible | ||||||
10 | felony as defined in Section 2-8 of the Criminal Code of 2012 | ||||||
11 | shall file a written notice with the clerk of the court before | ||||||
12 | which the proceeding is pending and the clerk shall | ||||||
13 | immediately deliver a time stamped copy of the written notice | ||||||
14 | to the State's Attorney prosecutor charged with the | ||||||
15 | prosecution within 24 hours prior to such change. The address | ||||||
16 | of a defendant who has been admitted to bail pretrial release | ||||||
17 | shall at all times remain a matter of public record with the | ||||||
18 | clerk of the court. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
| ||||||
20 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2) | ||||||
21 | Sec. 111-2. Commencement of prosecutions. | ||||||
22 | (a) All prosecutions of felonies shall be by information | ||||||
23 | or by indictment. No prosecution may be pursued by information | ||||||
24 | unless a preliminary hearing has been held or waived in |
| |||||||
| |||||||
1 | accordance with Section 109-3 and at that hearing probable | ||||||
2 | cause to believe the defendant committed an offense was found, | ||||||
3 | and the provisions of Section 109-3.1 of this Code have been | ||||||
4 | complied with. | ||||||
5 | (b) All other prosecutions may be by indictment, | ||||||
6 | information or complaint. | ||||||
7 | (c) Upon the filing of an information or indictment in | ||||||
8 | open court charging the defendant with the commission of a sex | ||||||
9 | offense defined in any Section of Article 11 of the Criminal | ||||||
10 | Code of 1961 or the Criminal Code of 2012, and a minor as | ||||||
11 | defined in Section 1-3 of the Juvenile Court Act of 1987 is | ||||||
12 | alleged to be the victim of the commission of the acts of the | ||||||
13 | defendant in the commission of such offense, the court may | ||||||
14 | appoint a guardian ad litem for the minor as provided in | ||||||
15 | Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of | ||||||
16 | 1987. | ||||||
17 | (d) Upon the filing of an information or indictment in | ||||||
18 | open court, the court shall immediately issue a warrant for | ||||||
19 | the arrest of each person charged with an offense directed to a | ||||||
20 | peace officer or some other person specifically named | ||||||
21 | commanding him to arrest such person. | ||||||
22 | (e) When the offense is bailable eligible for pretrial | ||||||
23 | release , the judge shall endorse on the warrant the amount of | ||||||
24 | bail conditions of pretrial release required by the order of | ||||||
25 | the court, and if the court orders the process returnable | ||||||
26 | forthwith, the warrant shall require that the accused be |
| |||||||
| |||||||
1 | arrested and brought immediately into court. | ||||||
2 | (f) Where the prosecution of a felony is by information or | ||||||
3 | complaint after preliminary hearing, or after a waiver of | ||||||
4 | preliminary hearing in accordance with paragraph (a) of this | ||||||
5 | Section, such prosecution may be for all offenses, arising | ||||||
6 | from the same transaction or conduct of a defendant even | ||||||
7 | though the complaint or complaints filed at the preliminary | ||||||
8 | hearing charged only one or some of the offenses arising from | ||||||
9 | that transaction or conduct. | ||||||
10 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
11 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) | ||||||
12 | Sec. 112A-23. Enforcement of protective orders. | ||||||
13 | (a) When violation is crime. A violation of any protective | ||||||
14 | order, whether issued in a civil, quasi-criminal proceeding or | ||||||
15 | by a military judge, shall be enforced by a criminal court | ||||||
16 | when: | ||||||
17 | (1) The respondent commits the crime of violation of a | ||||||
18 | domestic violence order of protection pursuant to Section | ||||||
19 | 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
20 | Criminal Code of 2012, by having knowingly violated: | ||||||
21 | (i) remedies described in paragraph (1), (2), (3), | ||||||
22 | (14), or (14.5) of subsection (b) of Section 112A-14 | ||||||
23 | of this Code, | ||||||
24 | (ii) a remedy, which is substantially similar to | ||||||
25 | the remedies authorized under paragraph (1), (2), (3), |
| |||||||
| |||||||
1 | (14), or (14.5) of subsection (b) of Section 214 of the | ||||||
2 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
3 | order of protection, which is authorized under the | ||||||
4 | laws of another state, tribe, or United States | ||||||
5 | territory, or | ||||||
6 | (iii) any other remedy when the act constitutes a | ||||||
7 | crime against the protected parties as defined by the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
9 | Prosecution for a violation of a domestic violence | ||||||
10 | order of protection shall not bar concurrent prosecution | ||||||
11 | for any other crime, including any crime that may have | ||||||
12 | been committed at the time of the violation of the | ||||||
13 | domestic violence order of protection; or | ||||||
14 | (2) The respondent commits the crime of child | ||||||
15 | abduction pursuant to Section 10-5 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
17 | violated: | ||||||
18 | (i) remedies described in paragraph (5), (6), or | ||||||
19 | (8) of subsection (b) of Section 112A-14 of this Code, | ||||||
20 | or | ||||||
21 | (ii) a remedy, which is substantially similar to | ||||||
22 | the remedies authorized under paragraph (1), (5), (6), | ||||||
23 | or (8) of subsection (b) of Section 214 of the Illinois | ||||||
24 | Domestic Violence Act of 1986, in a valid domestic | ||||||
25 | violence order of protection, which is authorized | ||||||
26 | under the laws of another state, tribe, or United |
| |||||||
| |||||||
1 | States territory. | ||||||
2 | (3) The respondent commits the crime of violation of a | ||||||
3 | civil no contact order when the respondent violates | ||||||
4 | Section 12-3.8 of the Criminal Code of 2012. Prosecution | ||||||
5 | for a violation of a civil no contact order shall not bar | ||||||
6 | concurrent prosecution for any other crime, including any | ||||||
7 | crime that may have been committed at the time of the | ||||||
8 | violation of the civil no contact order. | ||||||
9 | (4) The respondent commits the crime of violation of a | ||||||
10 | stalking no contact order when the respondent violates | ||||||
11 | Section 12-3.9 of the Criminal Code of 2012. Prosecution | ||||||
12 | for a violation of a stalking no contact order shall not | ||||||
13 | bar concurrent prosecution for any other crime, including | ||||||
14 | any crime that may have been committed at the time of the | ||||||
15 | violation of the stalking no contact order. | ||||||
16 | (b) When violation is contempt of court. A violation of | ||||||
17 | any valid protective order, whether issued in a civil or | ||||||
18 | criminal proceeding or by a military judge, may be enforced | ||||||
19 | through civil or criminal contempt procedures, as appropriate, | ||||||
20 | by any court with jurisdiction, regardless where the act or | ||||||
21 | acts which violated the protective order were committed, to | ||||||
22 | the extent consistent with the venue provisions of this | ||||||
23 | Article. Nothing in this Article shall preclude any Illinois | ||||||
24 | court from enforcing any valid protective order issued in | ||||||
25 | another state. Illinois courts may enforce protective orders | ||||||
26 | through both criminal prosecution and contempt proceedings, |
| |||||||
| |||||||
1 | unless the action which is second in time is barred by | ||||||
2 | collateral estoppel or the constitutional prohibition against | ||||||
3 | double jeopardy. | ||||||
4 | (1) In a contempt proceeding where the petition for a | ||||||
5 | rule to show cause sets forth facts evidencing an | ||||||
6 | immediate danger that the respondent will flee the | ||||||
7 | jurisdiction, conceal a child, or inflict physical abuse | ||||||
8 | on the petitioner or minor children or on dependent adults | ||||||
9 | in petitioner's care, the court may order the attachment | ||||||
10 | of the respondent without prior service of the rule to | ||||||
11 | show cause or the petition for a rule to show cause. Bond | ||||||
12 | shall be set unless specifically denied in writing. | ||||||
13 | (2) A petition for a rule to show cause for violation | ||||||
14 | of a protective order shall be treated as an expedited | ||||||
15 | proceeding. | ||||||
16 | (c) Violation of custody, allocation of parental | ||||||
17 | responsibility, or support orders. A violation of remedies | ||||||
18 | described in paragraph (5), (6), (8), or (9) of subsection (b) | ||||||
19 | of Section 112A-14 of this Code may be enforced by any remedy | ||||||
20 | provided by Section 607.5 of the Illinois Marriage and | ||||||
21 | Dissolution of Marriage Act. The court may enforce any order | ||||||
22 | for support issued under paragraph (12) of subsection (b) of | ||||||
23 | Section 112A-14 of this Code in the manner provided for under | ||||||
24 | Parts V and VII of the Illinois Marriage and Dissolution of | ||||||
25 | Marriage Act. | ||||||
26 | (d) Actual knowledge. A protective order may be enforced |
| |||||||
| |||||||
1 | pursuant to this Section if the respondent violates the order | ||||||
2 | after the respondent has actual knowledge of its contents as | ||||||
3 | shown through one of the following means: | ||||||
4 | (1) (Blank). | ||||||
5 | (2) (Blank). | ||||||
6 | (3) By service of a protective order under subsection | ||||||
7 | (f) of Section 112A-17.5 or Section 112A-22 of this Code. | ||||||
8 | (4) By other means demonstrating actual knowledge of | ||||||
9 | the contents of the order. | ||||||
10 | (e) The enforcement of a protective order in civil or | ||||||
11 | criminal court shall not be affected by either of the | ||||||
12 | following: | ||||||
13 | (1) The existence of a separate, correlative order | ||||||
14 | entered under Section 112A-15 of this Code. | ||||||
15 | (2) Any finding or order entered in a conjoined | ||||||
16 | criminal proceeding. | ||||||
17 | (e-5) If a civil no contact order entered under subsection | ||||||
18 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
19 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
20 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
21 | Marriage Act, the conflicting order issued under subsection | ||||||
22 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
23 | 1963 shall be void. | ||||||
24 | (f) Circumstances. The court, when determining whether or | ||||||
25 | not a violation of a protective order has occurred, shall not | ||||||
26 | require physical manifestations of abuse on the person of the |
| |||||||
| |||||||
1 | victim. | ||||||
2 | (g) Penalties. | ||||||
3 | (1) Except as provided in paragraph (3) of this | ||||||
4 | subsection (g), where the court finds the commission of a | ||||||
5 | crime or contempt of court under subsection (a) or (b) of | ||||||
6 | this Section, the penalty shall be the penalty that | ||||||
7 | generally applies in such criminal or contempt | ||||||
8 | proceedings, and may include one or more of the following: | ||||||
9 | incarceration, payment of restitution, a fine, payment of | ||||||
10 | attorneys' fees and costs, or community service. | ||||||
11 | (2) The court shall hear and take into account | ||||||
12 | evidence of any factors in aggravation or mitigation | ||||||
13 | before deciding an appropriate penalty under paragraph (1) | ||||||
14 | of this subsection (g). | ||||||
15 | (3) To the extent permitted by law, the court is | ||||||
16 | encouraged to: | ||||||
17 | (i) increase the penalty for the knowing violation | ||||||
18 | of any protective order over any penalty previously | ||||||
19 | imposed by any court for respondent's violation of any | ||||||
20 | protective order or penal statute involving petitioner | ||||||
21 | as victim and respondent as defendant; | ||||||
22 | (ii) impose a minimum penalty of 24 hours | ||||||
23 | imprisonment for respondent's first violation of any | ||||||
24 | protective order; and | ||||||
25 | (iii) impose a minimum penalty of 48 hours | ||||||
26 | imprisonment for respondent's second or subsequent |
| |||||||
| |||||||
1 | violation of a protective order | ||||||
2 | unless the court explicitly finds that an increased | ||||||
3 | penalty or that period of imprisonment would be manifestly | ||||||
4 | unjust. | ||||||
5 | (4) In addition to any other penalties imposed for a | ||||||
6 | violation of a protective order, a criminal court may | ||||||
7 | consider evidence of any violations of a protective order: | ||||||
8 | (i) to increase, revoke, or modify the bail bond | ||||||
9 | conditions of pretrial release on an underlying | ||||||
10 | criminal charge pursuant to Section 110-6 of this | ||||||
11 | Code; | ||||||
12 | (ii) to revoke or modify an order of probation, | ||||||
13 | conditional discharge, or supervision, pursuant to | ||||||
14 | Section 5-6-4 of the Unified Code of Corrections; | ||||||
15 | (iii) to revoke or modify a sentence of periodic | ||||||
16 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
17 | Code of Corrections. | ||||||
18 | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
19 | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. | ||||||
20 | 7-28-23.)
| ||||||
21 | (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1) | ||||||
22 | Sec. 113-3.1. Payment for Court-Appointed Counsel. | ||||||
23 | (a) Whenever under either Section 113-3 of this Code or | ||||||
24 | Rule 607 of the Illinois Supreme Court the court appoints | ||||||
25 | counsel to represent a defendant, the court may order the |
| |||||||
| |||||||
1 | defendant to pay to the Clerk of the Circuit Court a reasonable | ||||||
2 | sum to reimburse either the county or the State for such | ||||||
3 | representation. In a hearing to determine the amount of the | ||||||
4 | payment, the court shall consider the affidavit prepared by | ||||||
5 | the defendant under Section 113-3 of this Code and any other | ||||||
6 | information pertaining to the defendant's financial | ||||||
7 | circumstances which may be submitted by the parties. Such | ||||||
8 | hearing shall be conducted on the court's own motion or on | ||||||
9 | motion of the prosecutor State's Attorney at any time after | ||||||
10 | the appointment of counsel but no later than 90 days after the | ||||||
11 | entry of a final order disposing of the case at the trial | ||||||
12 | level. | ||||||
13 | (b) Any sum ordered paid under this Section may not exceed | ||||||
14 | $500 for a defendant charged with a misdemeanor, $5,000 for a | ||||||
15 | defendant charged with a felony, or $2,500 for a defendant who | ||||||
16 | is appealing a conviction of any class offense. | ||||||
17 | (c) The method of any payment required under this Section | ||||||
18 | shall be as specified by the Court. The court may order that | ||||||
19 | payments be made on a monthly basis during the term of | ||||||
20 | representation; however, the sum deposited as money bond shall | ||||||
21 | not be used to satisfy this court order. Any sum deposited as | ||||||
22 | money bond with the Clerk of the Circuit Court under Section | ||||||
23 | 110-7 of this Code may be used in the court's discretion in | ||||||
24 | whole or in part to comply with any payment order entered in | ||||||
25 | accordance with paragraph (a) of this Section. The court may | ||||||
26 | give special consideration to the interests of relatives or |
| |||||||
| |||||||
1 | other third parties who may have posted a money bond on the | ||||||
2 | behalf of the defendant to secure his release. At any time | ||||||
3 | prior to full payment of any payment order the court on its own | ||||||
4 | motion or the motion of any party may reduce, increase, or | ||||||
5 | suspend the ordered payment, or modify the method of payment, | ||||||
6 | as the interest of fairness may require. No increase, | ||||||
7 | suspension, or reduction may be ordered without a hearing and | ||||||
8 | notice to all parties. | ||||||
9 | (d) The Supreme Court or the circuit courts may provide by | ||||||
10 | rule for procedures for the enforcement of orders entered | ||||||
11 | under this Section. Such rules may provide for the assessment | ||||||
12 | of all costs, including attorneys' fees which are required for | ||||||
13 | the enforcement of orders entered under this Section when the | ||||||
14 | court in an enforcement proceeding has first found that the | ||||||
15 | defendant has willfully refused to pay. The Clerk of the | ||||||
16 | Circuit Court shall keep records and make reports to the court | ||||||
17 | concerning funds paid under this Section in whatever manner | ||||||
18 | the court directs. | ||||||
19 | (e) Whenever an order is entered under this Section for | ||||||
20 | the reimbursement of the State due to the appointment of the | ||||||
21 | State Appellate Defender as counsel on appeal, the order shall | ||||||
22 | provide that the Clerk of the Circuit Court shall retain all | ||||||
23 | funds paid pursuant to such order until the full amount of the | ||||||
24 | sum ordered to be paid by the defendant has been paid. When no | ||||||
25 | balance remains due on such order, the Clerk of the Circuit | ||||||
26 | Court shall inform the court of this fact and the court shall |
| |||||||
| |||||||
1 | promptly order the Clerk of the Circuit Court to pay to the | ||||||
2 | State Treasurer all of the sum paid. | ||||||
3 | (f) The Clerk of the Circuit Court shall retain all funds | ||||||
4 | under this Section paid for the reimbursement of the county, | ||||||
5 | and shall inform the court when no balance remains due on an | ||||||
6 | order entered hereunder. The Clerk of the Circuit Court shall | ||||||
7 | make payments of funds collected under this Section to the | ||||||
8 | County Treasurer in whatever manner and at whatever point as | ||||||
9 | the court may direct, including payments made on a monthly | ||||||
10 | basis during the term of representation. | ||||||
11 | (g) A defendant who fails to obey any order of court | ||||||
12 | entered under this Section may be punished for contempt of | ||||||
13 | court. Any arrearage in payments may be reduced to judgment in | ||||||
14 | the court's discretion and collected by any means authorized | ||||||
15 | for the collection of money judgments under the law of this | ||||||
16 | State. | ||||||
17 | (Source: P.A. 102-1104, eff. 1-1-23.)
| ||||||
18 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1) | ||||||
19 | Sec. 114-1. Motion to dismiss charge. | ||||||
20 | (a) Upon the written motion of the defendant made prior to | ||||||
21 | trial before or after a plea has been entered the court may | ||||||
22 | dismiss the indictment, information or complaint upon any of | ||||||
23 | the following grounds: | ||||||
24 | (1) The defendant has not been placed on trial in | ||||||
25 | compliance with Section 103-5 of this Code. |
| |||||||
| |||||||
1 | (2) The prosecution of the offense is barred by | ||||||
2 | Sections 3-3 through 3-8 of the Criminal Code of 2012. | ||||||
3 | (3) The defendant has received immunity from | ||||||
4 | prosecution for the offense charged. | ||||||
5 | (4) The indictment was returned by a Grand Jury which | ||||||
6 | was improperly selected and which results in substantial | ||||||
7 | injustice to the defendant. | ||||||
8 | (5) The indictment was returned by a Grand Jury which | ||||||
9 | acted contrary to Article 112 of this Code and which | ||||||
10 | results in substantial injustice to the defendant. | ||||||
11 | (6) The court in which the charge has been filed does | ||||||
12 | not have jurisdiction. | ||||||
13 | (7) The county is an improper place of trial. | ||||||
14 | (8) The charge does not state an offense. | ||||||
15 | (9) The indictment is based solely upon the testimony | ||||||
16 | of an incompetent witness. | ||||||
17 | (10) The defendant is misnamed in the charge and the | ||||||
18 | misnomer results in substantial injustice to the | ||||||
19 | defendant. | ||||||
20 | (11) The requirements of Section 109-3.1 have not been | ||||||
21 | complied with. | ||||||
22 | (b) The court shall require any motion to dismiss to be | ||||||
23 | filed within a reasonable time after the defendant has been | ||||||
24 | arraigned. Any motion not filed within such time or an | ||||||
25 | extension thereof shall not be considered by the court and the | ||||||
26 | grounds therefor, except as to subsections (a)(6) and (a)(8) |
| |||||||
| |||||||
1 | of this Section, are waived. | ||||||
2 | (c) If the motion presents only an issue of law the court | ||||||
3 | shall determine it without the necessity of further pleadings. | ||||||
4 | If the motion alleges facts not of record in the case the State | ||||||
5 | shall file an answer admitting or denying each of the factual | ||||||
6 | allegations of the motion. | ||||||
7 | (d) When an issue of fact is presented by a motion to | ||||||
8 | dismiss and the answer of the State the court shall conduct a | ||||||
9 | hearing and determine the issues. | ||||||
10 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
11 | the ground set forth in subsection (a)(7) of this Section, the | ||||||
12 | defendant shall make a prima facie showing that the county is | ||||||
13 | an improper place of trial. Upon such showing, the State shall | ||||||
14 | have the burden of proving, by a preponderance of the | ||||||
15 | evidence, that the county is the proper place of trial. | ||||||
16 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
17 | the grounds set forth in subsection (a)(2) of this Section, | ||||||
18 | the prosecution shall have the burden of proving, by a | ||||||
19 | preponderance of the evidence, that the prosecution of the | ||||||
20 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
21 | Criminal Code of 2012. | ||||||
22 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
23 | subsections (a)(4) through (a)(11) of this Section shall not | ||||||
24 | prevent the return of a new indictment or the filing of a new | ||||||
25 | charge, and upon such dismissal the court may order that the | ||||||
26 | defendant be held in custody or, if the defendant had been |
| |||||||
| |||||||
1 | previously released on bail pretrial release , that the bail | ||||||
2 | pretrial release be continued for a specified time pending the | ||||||
3 | return of a new indictment or the filing of a new charge. | ||||||
4 | (f) If the court determines that the motion to dismiss | ||||||
5 | based upon the grounds set forth in subsections (a)(6) and | ||||||
6 | (a)(7) is well founded it may, instead of dismissal, order the | ||||||
7 | cause transferred to a court of competent jurisdiction or to a | ||||||
8 | proper place of trial. | ||||||
9 | (Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23 .)
| ||||||
10 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1) | ||||||
11 | Sec. 115-4.1. Absence of defendant. | ||||||
12 | (a) When a defendant after arrest and an initial court | ||||||
13 | appearance for a non-capital felony or a misdemeanor, fails to | ||||||
14 | appear for trial, at the request of the State and after the | ||||||
15 | State has affirmatively proven through substantial evidence | ||||||
16 | that the defendant is willfully avoiding trial, the court may | ||||||
17 | commence trial in the absence of the defendant. Absence of a | ||||||
18 | defendant as specified in this Section shall not be a bar to | ||||||
19 | indictment of a defendant, return of information against a | ||||||
20 | defendant, or arraignment of a defendant for the charge for | ||||||
21 | which bail pretrial release has been granted. If a defendant | ||||||
22 | fails to appear at arraignment, the court may enter a plea of | ||||||
23 | "not guilty" on his behalf. If a defendant absents himself | ||||||
24 | before trial on a capital felony, trial may proceed as | ||||||
25 | specified in this Section provided that the State certifies |
| |||||||
| |||||||
1 | that it will not seek a death sentence following conviction. | ||||||
2 | Trial in the defendant's absence shall be by jury unless the | ||||||
3 | defendant had previously waived trial by jury. The absent | ||||||
4 | defendant must be represented by retained or appointed | ||||||
5 | counsel. The court, at the conclusion of all of the | ||||||
6 | proceedings, may order the clerk of the circuit court to pay | ||||||
7 | counsel such sum as the court deems reasonable, from any bond | ||||||
8 | monies which were posted by the defendant with the clerk, | ||||||
9 | after the clerk has first deducted all court costs. If trial | ||||||
10 | had previously commenced in the presence of the defendant and | ||||||
11 | the defendant willfully absents himself for two successive | ||||||
12 | court days, the court shall proceed to trial. All procedural | ||||||
13 | rights guaranteed by the United States Constitution, | ||||||
14 | Constitution of the State of Illinois, statutes of the State | ||||||
15 | of Illinois, and rules of court shall apply to the proceedings | ||||||
16 | the same as if the defendant were present in court and had not | ||||||
17 | either forfeited his or her bail bond had his or her pretrial | ||||||
18 | release revoked or escaped from custody. The court may set the | ||||||
19 | case for a trial which may be conducted under this Section | ||||||
20 | despite the failure of the defendant to appear at the hearing | ||||||
21 | at which the trial date is set. When such trial date is set the | ||||||
22 | clerk shall send to the defendant, by certified mail at his | ||||||
23 | last known address indicated on his bond slip, notice of the | ||||||
24 | new date which has been set for trial. Such notification shall | ||||||
25 | be required when the defendant was not personally present in | ||||||
26 | open court at the time when the case was set for trial. |
| |||||||
| |||||||
1 | (b) The absence of a defendant from a trial conducted | ||||||
2 | pursuant to this Section does not operate as a bar to | ||||||
3 | concluding the trial, to a judgment of conviction resulting | ||||||
4 | therefrom, or to a final disposition of the trial in favor of | ||||||
5 | the defendant. | ||||||
6 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
7 | judgment for the defendant. Upon a verdict of guilty, the | ||||||
8 | court shall set a date for the hearing of post-trial motions | ||||||
9 | and shall hear such motion in the absence of the defendant. If | ||||||
10 | post-trial motions are denied, the court shall proceed to | ||||||
11 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
12 | defendant. | ||||||
13 | (d) A defendant who is absent for part of the proceedings | ||||||
14 | of trial, post-trial motions, or sentencing, does not thereby | ||||||
15 | forfeit his right to be present at all remaining proceedings. | ||||||
16 | (e) When a defendant who in his absence has been either | ||||||
17 | convicted or sentenced or both convicted and sentenced appears | ||||||
18 | before the court, he must be granted a new trial or new | ||||||
19 | sentencing hearing if the defendant can establish that his | ||||||
20 | failure to appear in court was both without his fault and due | ||||||
21 | to circumstances beyond his control. A hearing with notice to | ||||||
22 | the State's Attorney on the defendant's request for a new | ||||||
23 | trial or a new sentencing hearing must be held before any such | ||||||
24 | request may be granted. At any such hearing both the defendant | ||||||
25 | and the State may present evidence. | ||||||
26 | (f) If the court grants only the defendant's request for a |
| |||||||
| |||||||
1 | new sentencing hearing, then a new sentencing hearing shall be | ||||||
2 | held in accordance with the provisions of the Unified Code of | ||||||
3 | Corrections. At any such hearing, both the defendant and the | ||||||
4 | State may offer evidence of the defendant's conduct during his | ||||||
5 | period of absence from the court. The court may impose any | ||||||
6 | sentence authorized by the Unified Code of Corrections and is | ||||||
7 | not in any way limited or restricted by any sentence | ||||||
8 | previously imposed. | ||||||
9 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
10 | trial or new sentencing hearing has been denied may file a | ||||||
11 | notice of appeal therefrom. Such notice may also include a | ||||||
12 | request for review of the judgment and sentence not vacated by | ||||||
13 | the trial court. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
15 | (725 ILCS 5/122-6) (from Ch. 38, par. 122-6) | ||||||
16 | Sec. 122-6. Disposition in trial court. The court may | ||||||
17 | receive proof by affidavits, depositions, oral testimony, or | ||||||
18 | other evidence. In its discretion the court may order the | ||||||
19 | petitioner brought before the court for the hearing. If the | ||||||
20 | court finds in favor of the petitioner, it shall enter an | ||||||
21 | appropriate order with respect to the judgment or sentence in | ||||||
22 | the former proceedings and such supplementary orders as to | ||||||
23 | rearraignment, retrial, custody, bail, conditions of pretrial | ||||||
24 | release or discharge as may be necessary and proper. | ||||||
25 | (Source: P.A. 101-652, eff. 1-1-23 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/102-10.5 rep.) | ||||||
2 | (725 ILCS 5/102-14.5 rep.) | ||||||
3 | (725 ILCS 5/110-6.6 rep.) | ||||||
4 | (725 ILCS 5/110-7.5 rep.) | ||||||
5 | (725 ILCS 5/110-1.5 rep.) | ||||||
6 | Section 250. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by repealing Sections 102-10.5, 102-14.5, 110-1.5 | ||||||
8 | 110-6.6, and 110-7.5.
| ||||||
9 | Section 255. The Code of Criminal Procedure of 1963 is | ||||||
10 | amended by changing Sections 103-2 and 108-8 as follows:
| ||||||
11 | (725 ILCS 5/103-2) (from Ch. 38, par. 103-2) | ||||||
12 | Sec. 103-2. Treatment while in custody. | ||||||
13 | (a) On being taken into custody every person shall have | ||||||
14 | the right to remain silent. | ||||||
15 | (b) No unlawful means of any kind shall be used to obtain a | ||||||
16 | statement, admission or confession from any person in custody. | ||||||
17 | (c) Persons in custody shall be treated humanely and | ||||||
18 | provided with proper food, shelter and, if required, medical | ||||||
19 | treatment without unreasonable delay if the need for the | ||||||
20 | treatment is apparent . | ||||||
21 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
22 | (725 ILCS 5/108-8) (from Ch. 38, par. 108-8) |
| |||||||
| |||||||
1 | Sec. 108-8. Use of force in execution of search warrant. | ||||||
2 | (a) All necessary and reasonable force may be used to | ||||||
3 | effect an entry into any building or property or part thereof | ||||||
4 | to execute a search warrant. | ||||||
5 | (b) The court issuing a warrant may authorize the officer | ||||||
6 | executing the warrant to make entry without first knocking and | ||||||
7 | announcing his or her office if it finds, based upon a showing | ||||||
8 | of specific facts, the existence of the following exigent | ||||||
9 | circumstances: | ||||||
10 | (1) That the officer reasonably believes that if | ||||||
11 | notice were given a weapon would be used: | ||||||
12 | (i) against the officer executing the search | ||||||
13 | warrant; or | ||||||
14 | (ii) against another person. | ||||||
15 | (2) That if notice were given there is an imminent | ||||||
16 | "danger" that evidence will be destroyed. | ||||||
17 | (c) Prior to the issuing of a warrant under subsection | ||||||
18 | (b), the officer must attest that: | ||||||
19 | (1) prior to entering the location described in the | ||||||
20 | search warrant, a supervising officer will ensure that | ||||||
21 | each participating member is assigned a body worn camera | ||||||
22 | and is following policies and procedures in accordance | ||||||
23 | with Section 10-20 of the Law Enforcement Officer-Worn | ||||||
24 | Body Camera Act; provided that the law enforcement agency | ||||||
25 | has implemented body worn camera in accordance with | ||||||
26 | Section 10-15 of the Law Enforcement Officer-Worn Body |
| |||||||
| |||||||
1 | Camera Act. If a law enforcement agency or each | ||||||
2 | participating member of a multi-jurisdictional team has | ||||||
3 | not implemented a body camera in accordance with Section | ||||||
4 | 10-15 of the Law Enforcement Officer-Worn Body Camera Act, | ||||||
5 | the officer must attest that the interaction authorized by | ||||||
6 | the warrant is otherwise recorded; | ||||||
7 | (2) The supervising officer verified the subject | ||||||
8 | address listed on the warrant for accuracy and planned for | ||||||
9 | children or other vulnerable people on-site; and | ||||||
10 | (3) if an officer becomes aware the search warrant was | ||||||
11 | executed at an address, unit, or apartment different from | ||||||
12 | the location listed on the search warrant, that member | ||||||
13 | will immediately notify a supervisor who will ensure an | ||||||
14 | internal investigation or formal inquiry ensues. | ||||||
15 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
| ||||||
16 | Section 260. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1, | ||||||
18 | 110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1, | ||||||
19 | 110-15.1, 110-16.1, 110-17.1, and 110-18.1 and Article 110B as | ||||||
20 | follows:
| ||||||
21 | (725 ILCS 5/103-3.1 new) | ||||||
22 | Sec. 103-3.1. Right to communicate with attorney and | ||||||
23 | family; transfers. | ||||||
24 | (a) Persons who are arrested shall have the right to |
| |||||||
| |||||||
1 | communicate with an attorney of their choice and a member of | ||||||
2 | their family by making a reasonable number of telephone calls | ||||||
3 | or in any other reasonable manner. Such communication shall be | ||||||
4 | permitted within a reasonable time after arrival at the first | ||||||
5 | place of custody. | ||||||
6 | (b) In the event the accused is transferred to a new place | ||||||
7 | of custody his right to communicate with an attorney and a | ||||||
8 | member of his family is renewed.
| ||||||
9 | (725 ILCS 5/110-4.1 new) | ||||||
10 | Sec. 110-4.1. Bailable offenses. | ||||||
11 | (a) All persons shall be bailable before conviction, | ||||||
12 | except the following offenses where the proof is evident or | ||||||
13 | the presumption great that the defendant is guilty of the | ||||||
14 | offense: capital offenses; offenses for which a sentence of | ||||||
15 | life imprisonment may be imposed as a consequence of | ||||||
16 | conviction; felony offenses for which a sentence of | ||||||
17 | imprisonment, without conditional and revocable release, shall | ||||||
18 | be imposed by law as a consequence of conviction, where the | ||||||
19 | court after a hearing, determines that the release of the | ||||||
20 | defendant would pose a real and present threat to the physical | ||||||
21 | safety of any person or persons; stalking or aggravated | ||||||
22 | stalking, where the court, after a hearing, determines that | ||||||
23 | the release of the defendant would pose a real and present | ||||||
24 | threat to the physical safety of the alleged victim of the | ||||||
25 | offense and denial of bail is necessary to prevent fulfillment |
| |||||||
| |||||||
1 | of the threat upon which the charge is based; or unlawful use | ||||||
2 | of weapons in violation of item (4) of subsection (a) of | ||||||
3 | Section 24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 when that offense occurred in a school or in any | ||||||
5 | conveyance owned, leased, or contracted by a school to | ||||||
6 | transport students to or from school or a school-related | ||||||
7 | activity, or on any public way within 1,000 feet of real | ||||||
8 | property comprising any school, where the court, after a | ||||||
9 | hearing, determines that the release of the defendant would | ||||||
10 | pose a real and present threat to the physical safety of any | ||||||
11 | person and denial of bail is necessary to prevent fulfillment | ||||||
12 | of that threat; or making a terrorist threat in violation of | ||||||
13 | Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012 or an attempt to commit the offense of making a | ||||||
15 | terrorist threat, where the court, after a hearing, determines | ||||||
16 | that the release of the defendant would pose a real and present | ||||||
17 | threat to the physical safety of any person and denial of bail | ||||||
18 | is necessary to prevent fulfillment of that threat. | ||||||
19 | (b) A person seeking release on bail who is charged with a | ||||||
20 | capital offense or an offense for which a sentence of life | ||||||
21 | imprisonment may be imposed shall not be bailable until a | ||||||
22 | hearing is held wherein such person has the burden of | ||||||
23 | demonstrating that the proof of his guilt is not evident and | ||||||
24 | the presumption is not great. | ||||||
25 | (c) Where it is alleged that bail should be denied to a | ||||||
26 | person upon the grounds that the person presents a real and |
| |||||||
| |||||||
1 | present threat to the physical safety of any person or | ||||||
2 | persons, the burden of proof of such allegations shall be upon | ||||||
3 | the State. | ||||||
4 | (d) When it is alleged that bail should be denied to a | ||||||
5 | person charged with stalking or aggravated stalking upon the | ||||||
6 | grounds set forth in Section 110-6.3-1 of this Code, the | ||||||
7 | burden of proof of those allegations shall be upon the State.
| ||||||
8 | (725 ILCS 5/110-6.3-1 new) | ||||||
9 | Sec. 110-6.3-1. Denial of bail in stalking and aggravated | ||||||
10 | stalking offenses. | ||||||
11 | (a) Upon verified petition by the State, the court shall | ||||||
12 | hold a hearing to determine whether bail should be denied to a | ||||||
13 | defendant who is charged with stalking or aggravated stalking, | ||||||
14 | when it is alleged that the defendant's admission to bail | ||||||
15 | poses a real and present threat to the physical safety of the | ||||||
16 | alleged victim of the offense, and denial of release on bail or | ||||||
17 | personal recognizance is necessary to prevent fulfillment of | ||||||
18 | the threat upon which the charge is based. | ||||||
19 | (1) A petition may be filed without prior notice to | ||||||
20 | the defendant at the first appearance before a judge, or | ||||||
21 | within 21 calendar days, except as provided in Section | ||||||
22 | 110-6, after arrest and release of the defendant upon | ||||||
23 | reasonable notice to defendant; provided that while the | ||||||
24 | petition is pending before the court, the defendant if | ||||||
25 | previously released shall not be detained. |
| |||||||
| |||||||
1 | (2) The hearing shall be held immediately upon the | ||||||
2 | defendant's appearance before the court, unless for good | ||||||
3 | cause shown the defendant or the State seeks a | ||||||
4 | continuance. A continuance on motion of the defendant may | ||||||
5 | not exceed 5 calendar days, and the defendant may be held | ||||||
6 | in custody during the continuance. A continuance on the | ||||||
7 | motion of the State may not exceed 3 calendar days; | ||||||
8 | however, the defendant may be held in custody during the | ||||||
9 | continuance under this provision if the defendant has been | ||||||
10 | previously found to have violated an order of protection | ||||||
11 | or has been previously convicted of, or granted court | ||||||
12 | supervision for, any of the offenses set forth in Sections | ||||||
13 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2, | ||||||
14 | 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, | ||||||
15 | 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code | ||||||
16 | of 1961 or the Criminal Code of 2012, against the same | ||||||
17 | person as the alleged victim of the stalking or aggravated | ||||||
18 | stalking offense. | ||||||
19 | (b) The court may deny bail to the defendant when, after | ||||||
20 | the hearing, it is determined that: | ||||||
21 | (1) the proof is evident or the presumption great that | ||||||
22 | the defendant has committed the offense of stalking or | ||||||
23 | aggravated stalking; and | ||||||
24 | (2) the defendant poses a real and present threat to | ||||||
25 | the physical safety of the alleged victim of the offense; | ||||||
26 | and |
| |||||||
| |||||||
1 | (3) the denial of release on bail or personal | ||||||
2 | recognizance is necessary to prevent fulfillment of the | ||||||
3 | threat upon which the charge is based; and | ||||||
4 | (4) the court finds that no condition or combination | ||||||
5 | of conditions set forth in subsection (b) of Section | ||||||
6 | 110-10 of this Code, including mental health treatment at | ||||||
7 | a community mental health center, hospital, or facility of | ||||||
8 | the Department of Human Services, can reasonably assure | ||||||
9 | the physical safety of the alleged victim of the offense. | ||||||
10 | (c) Conduct of the hearings. | ||||||
11 | (1) The hearing on the defendant's culpability and | ||||||
12 | threat to the alleged victim of the offense shall be | ||||||
13 | conducted in accordance with the following provisions: | ||||||
14 | (A) Information used by the court in its findings | ||||||
15 | or stated in or offered at the hearing may be by way of | ||||||
16 | proffer based upon reliable information offered by the | ||||||
17 | State or by defendant. Defendant has the right to be | ||||||
18 | represented by counsel, and if he is indigent, to have | ||||||
19 | counsel appointed for him. Defendant shall have the | ||||||
20 | opportunity to testify, to present witnesses in his | ||||||
21 | own behalf, and to cross-examine witnesses if any are | ||||||
22 | called by the State. The defendant has the right to | ||||||
23 | present witnesses in his favor. When the ends of | ||||||
24 | justice so require, the court may exercise its | ||||||
25 | discretion and compel the appearance of a complaining | ||||||
26 | witness. The court shall state on the record reasons |
| |||||||
| |||||||
1 | for granting a defense request to compel the presence | ||||||
2 | of a complaining witness. Cross-examination of a | ||||||
3 | complaining witness at the pretrial detention hearing | ||||||
4 | for the purpose of impeaching the witness' credibility | ||||||
5 | is insufficient reason to compel the presence of the | ||||||
6 | witness. In deciding whether to compel the appearance | ||||||
7 | of a complaining witness, the court shall be | ||||||
8 | considerate of the emotional and physical well-being | ||||||
9 | of the witness. The pretrial detention hearing is not | ||||||
10 | to be used for the purposes of discovery, and the post | ||||||
11 | arraignment rules of discovery do not apply. The State | ||||||
12 | shall tender to the defendant, prior to the hearing, | ||||||
13 | copies of defendant's criminal history, if any, if | ||||||
14 | available, and any written or recorded statements and | ||||||
15 | the substance of any oral statements made by any | ||||||
16 | person, if relied upon by the State. The rules | ||||||
17 | concerning the admissibility of evidence in criminal | ||||||
18 | trials do not apply to the presentation and | ||||||
19 | consideration of information at the hearing. At the | ||||||
20 | trial concerning the offense for which the hearing was | ||||||
21 | conducted neither the finding of the court nor any | ||||||
22 | transcript or other record of the hearing shall be | ||||||
23 | admissible in the State's case in chief, but shall be | ||||||
24 | admissible for impeachment, or as provided in Section | ||||||
25 | 115-10.1 of this Code, or in a perjury proceeding. | ||||||
26 | (B) A motion by the defendant to suppress evidence |
| |||||||
| |||||||
1 | or to suppress a confession shall not be entertained. | ||||||
2 | Evidence that proof may have been obtained as the | ||||||
3 | result of an unlawful search and seizure or through | ||||||
4 | improper interrogation is not relevant to this state | ||||||
5 | of the prosecution. | ||||||
6 | (2) The facts relied upon by the court to support a | ||||||
7 | finding that: | ||||||
8 | (A) the defendant poses a real and present threat | ||||||
9 | to the physical safety of the alleged victim of the | ||||||
10 | offense; and | ||||||
11 | (B) the denial of release on bail or personal | ||||||
12 | recognizance is necessary to prevent fulfillment of | ||||||
13 | the threat upon which the charge is based; | ||||||
14 | shall be supported by clear and convincing evidence | ||||||
15 | presented by the State. | ||||||
16 | (d) Factors to be considered in making a determination of | ||||||
17 | the threat to the alleged victim of the offense. The court may, | ||||||
18 | in determining whether the defendant poses, at the time of the | ||||||
19 | hearing, a real and present threat to the physical safety of | ||||||
20 | the alleged victim of the offense, consider but shall not be | ||||||
21 | limited to evidence or testimony concerning: | ||||||
22 | (1) The nature and circumstances of the offense | ||||||
23 | charged; | ||||||
24 | (2) The history and characteristics of the defendant | ||||||
25 | including: | ||||||
26 | (A) Any evidence of the defendant's prior criminal |
| |||||||
| |||||||
1 | history indicative of violent, abusive or assaultive | ||||||
2 | behavior, or lack of that behavior. The evidence may | ||||||
3 | include testimony or documents received in juvenile | ||||||
4 | proceedings, criminal, quasi-criminal, civil | ||||||
5 | commitment, domestic relations or other proceedings; | ||||||
6 | (B) Any evidence of the defendant's psychological, | ||||||
7 | psychiatric or other similar social history that tends | ||||||
8 | to indicate a violent, abusive, or assaultive nature, | ||||||
9 | or lack of any such history. | ||||||
10 | (3) The nature of the threat which is the basis of the | ||||||
11 | charge against the defendant; | ||||||
12 | (4) Any statements made by, or attributed to the | ||||||
13 | defendant, together with the circumstances surrounding | ||||||
14 | them; | ||||||
15 | (5) The age and physical condition of any person | ||||||
16 | assaulted by the defendant; | ||||||
17 | (6) Whether the defendant is known to possess or have | ||||||
18 | access to any weapon or weapons; | ||||||
19 | (7) Whether, at the time of the current offense or any | ||||||
20 | other offense or arrest, the defendant was on probation, | ||||||
21 | parole, aftercare release, mandatory supervised release or | ||||||
22 | other release from custody pending trial, sentencing, | ||||||
23 | appeal or completion of sentence for an offense under | ||||||
24 | federal or state law; | ||||||
25 | (8) Any other factors, including those listed in | ||||||
26 | Section 110-5 of this Code, deemed by the court to have a |
| |||||||
| |||||||
1 | reasonable bearing upon the defendant's propensity or | ||||||
2 | reputation for violent, abusive or assaultive behavior, or | ||||||
3 | lack of that behavior. | ||||||
4 | (e) The court shall, in any order denying bail to a person | ||||||
5 | charged with stalking or aggravated stalking: | ||||||
6 | (1) briefly summarize the evidence of the defendant's | ||||||
7 | culpability and its reasons for concluding that the | ||||||
8 | defendant should be held without bail; | ||||||
9 | (2) direct that the defendant be committed to the | ||||||
10 | custody of the sheriff for confinement in the county jail | ||||||
11 | pending trial; | ||||||
12 | (3) direct that the defendant be given a reasonable | ||||||
13 | opportunity for private consultation with counsel, and for | ||||||
14 | communication with others of his choice by visitation, | ||||||
15 | mail and telephone; and | ||||||
16 | (4) direct that the sheriff deliver the defendant as | ||||||
17 | required for appearances in connection with court | ||||||
18 | proceedings. | ||||||
19 | (f) If the court enters an order for the detention of the | ||||||
20 | defendant under subsection (e) of this Section, the defendant | ||||||
21 | shall be brought to trial on the offense for which he is | ||||||
22 | detained within 90 days after the date on which the order for | ||||||
23 | detention was entered. If the defendant is not brought to | ||||||
24 | trial within the 90 day period required by this subsection | ||||||
25 | (f), he shall not be held longer without bail. In computing the | ||||||
26 | 90 day period, the court shall omit any period of delay |
| |||||||
| |||||||
1 | resulting from a continuance granted at the request of the | ||||||
2 | defendant. The court shall immediately notify the alleged | ||||||
3 | victim of the offense that the defendant has been admitted to | ||||||
4 | bail under this subsection. | ||||||
5 | (g) Any person shall be entitled to appeal any order | ||||||
6 | entered under this Section denying bail to the defendant. | ||||||
7 | (h) The State may appeal any order entered under this | ||||||
8 | Section denying any motion for denial of bail. | ||||||
9 | (i) Nothing in this Section shall be construed as | ||||||
10 | modifying or limiting in any way the defendant's presumption | ||||||
11 | of innocence in further criminal proceedings.
| ||||||
12 | (725 ILCS 5/110-6.5-1 new) | ||||||
13 | Sec. 110-6.5-1. Drug testing program. | ||||||
14 | (a) The Chief Judge of the circuit may establish a drug | ||||||
15 | testing program as provided by this Section in any county in | ||||||
16 | the circuit if the county board has approved the establishment | ||||||
17 | of the program and the county probation department or pretrial | ||||||
18 | services agency has consented to administer it. The drug | ||||||
19 | testing program shall be conducted under the following | ||||||
20 | provisions: | ||||||
21 | (a-1) The court, in the case of a defendant charged with a | ||||||
22 | felony offense or any offense involving the possession or | ||||||
23 | delivery of cannabis or a controlled substance, shall: | ||||||
24 | (1) not consider the release of the defendant on his | ||||||
25 | or her own recognizance, unless the defendant consents to |
| |||||||
| |||||||
1 | periodic drug testing during the period of release on his | ||||||
2 | or her own recognizance, in accordance with this Section; | ||||||
3 | (2) consider the consent of the defendant to periodic | ||||||
4 | drug testing during the period of release on bail in | ||||||
5 | accordance with this Section as a favorable factor for the | ||||||
6 | defendant in determining the amount of bail, the | ||||||
7 | conditions of release or in considering the defendant's | ||||||
8 | motion to reduce the amount of bail. | ||||||
9 | (b) The drug testing shall be conducted by the pretrial | ||||||
10 | services agency or under the direction of the probation | ||||||
11 | department when a pretrial services agency does not exist in | ||||||
12 | accordance with this Section. | ||||||
13 | (c) A defendant who consents to periodic drug testing as | ||||||
14 | set forth in this Section shall sign an agreement with the | ||||||
15 | court that, during the period of release, the defendant shall | ||||||
16 | refrain from using illegal drugs and that the defendant will | ||||||
17 | comply with the conditions of the testing program. The | ||||||
18 | agreement shall be on a form prescribed by the court and shall | ||||||
19 | be executed at the time of the bail hearing. This agreement | ||||||
20 | shall be made a specific condition of bail. | ||||||
21 | (d) The drug testing program shall be conducted as | ||||||
22 | follows: | ||||||
23 | (1) The testing shall be done by urinalysis for the | ||||||
24 | detection of phencyclidine, heroin, cocaine, methadone and | ||||||
25 | amphetamines. | ||||||
26 | (2) The collection of samples shall be performed under |
| |||||||
| |||||||
1 | reasonable and sanitary conditions. | ||||||
2 | (3) Samples shall be collected and tested with due | ||||||
3 | regard for the privacy of the individual being tested and | ||||||
4 | in a manner reasonably calculated to prevent substitutions | ||||||
5 | or interference with the collection or testing of reliable | ||||||
6 | samples. | ||||||
7 | (4) Sample collection shall be documented, and the | ||||||
8 | documentation procedures shall include: | ||||||
9 | (i) Labeling of samples so as to reasonably | ||||||
10 | preclude the probability of erroneous identification | ||||||
11 | of test results; and | ||||||
12 | (ii) An opportunity for the defendant to provide | ||||||
13 | information on the identification of prescription or | ||||||
14 | nonprescription drugs used in connection with a | ||||||
15 | medical condition. | ||||||
16 | (5) Sample collection, storage, and transportation to | ||||||
17 | the place of testing shall be performed so as to | ||||||
18 | reasonably preclude the probability of sample | ||||||
19 | contamination or adulteration. | ||||||
20 | (6) Sample testing shall conform to scientifically | ||||||
21 | accepted analytical methods and procedures. Testing shall | ||||||
22 | include verification or confirmation of any positive test | ||||||
23 | result by a reliable analytical method before the result | ||||||
24 | of any test may be used as a basis for any action by the | ||||||
25 | court. | ||||||
26 | (e) The initial sample shall be collected before the |
| |||||||
| |||||||
1 | defendant's release on bail. Thereafter, the defendant shall | ||||||
2 | report to the pretrial services agency or probation department | ||||||
3 | as required by the agency or department. The pretrial services | ||||||
4 | agency or probation department shall immediately notify the | ||||||
5 | court of any defendant who fails to report for testing. | ||||||
6 | (f) After the initial test, a subsequent confirmed | ||||||
7 | positive test result indicative of continued drug use shall | ||||||
8 | result in the following: | ||||||
9 | (1) Upon the first confirmed positive test result, the | ||||||
10 | pretrial services agency or probation department, shall | ||||||
11 | place the defendant on a more frequent testing schedule | ||||||
12 | and shall warn the defendant of the consequences of | ||||||
13 | continued drug use. | ||||||
14 | (2) A second confirmed positive test result shall be | ||||||
15 | grounds for a hearing before the judge who authorized the | ||||||
16 | release of the defendant in accordance with the provisions | ||||||
17 | of subsection (g) of this Section. | ||||||
18 | (g) The court shall, upon motion of the State or upon its | ||||||
19 | own motion, conduct a hearing in connection with any defendant | ||||||
20 | who fails to appear for testing, fails to cooperate with the | ||||||
21 | persons conducting the testing program, attempts to submit a | ||||||
22 | sample not his or her own or has had a confirmed positive test | ||||||
23 | result indicative of continued drug use for the second or | ||||||
24 | subsequent time after the initial test. The hearing shall be | ||||||
25 | conducted in accordance with the procedures of Section 110-6. | ||||||
26 | Upon a finding by the court that the State has established |
| |||||||
| |||||||
1 | by clear and convincing evidence that the defendant has | ||||||
2 | violated the drug testing conditions of bail, the court may | ||||||
3 | consider any of the following sanctions: | ||||||
4 | (1) increase the amount of the defendant's bail or | ||||||
5 | conditions of release; | ||||||
6 | (2) impose a jail sentence of up to 5 days; | ||||||
7 | (3) revoke the defendant's bail; or | ||||||
8 | (4) enter such other orders which are within the power | ||||||
9 | of the court as deemed appropriate. | ||||||
10 | (h) The results of any drug testing conducted under this | ||||||
11 | Section shall not be admissible on the issue of the | ||||||
12 | defendant's guilt in connection with any criminal charge. | ||||||
13 | (i) The court may require that the defendant pay for the | ||||||
14 | cost of drug testing.
| ||||||
15 | (725 ILCS 5/110-7.1 new) | ||||||
16 | Sec. 110-7.1. Deposit of bail security. | ||||||
17 | (a) The person for whom bail has been set shall execute the | ||||||
18 | bail bond and deposit with the clerk of the court before which | ||||||
19 | the proceeding is pending a sum of money equal to 10% of the | ||||||
20 | bail, but in no event shall such deposit be less than $25. The | ||||||
21 | clerk of the court shall provide a space on each form for a | ||||||
22 | person other than the accused who has provided the money for | ||||||
23 | the posting of bail to so indicate and a space signed by an | ||||||
24 | accused who has executed the bail bond indicating whether a | ||||||
25 | person other than the accused has provided the money for the |
| |||||||
| |||||||
1 | posting of bail. The form shall also include a written notice | ||||||
2 | to such person who has provided the defendant with the money | ||||||
3 | for the posting of bail indicating that the bail may be used to | ||||||
4 | pay costs, attorney's fees, fines, or other purposes | ||||||
5 | authorized by the court and if the defendant fails to comply | ||||||
6 | with the conditions of the bail bond, the court shall enter an | ||||||
7 | order declaring the bail to be forfeited. The written notice | ||||||
8 | must be: (1) distinguishable from the surrounding text; (2) in | ||||||
9 | bold type or underscored; and (3) in a type size at least 2 | ||||||
10 | points larger than the surrounding type. When a person for | ||||||
11 | whom bail has been set is charged with an offense under the | ||||||
12 | Illinois Controlled Substances Act or the Methamphetamine | ||||||
13 | Control and Community Protection Act which is a Class X | ||||||
14 | felony, or making a terrorist threat in violation of Section | ||||||
15 | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
16 | 2012 or an attempt to commit the offense of making a terrorist | ||||||
17 | threat, the court may require the defendant to deposit a sum | ||||||
18 | equal to 100% of the bail. Where any person is charged with a | ||||||
19 | forcible felony while free on bail and is the subject of | ||||||
20 | proceedings under Section 109-3 of this Code the judge | ||||||
21 | conducting the preliminary examination may also conduct a | ||||||
22 | hearing upon the application of the State pursuant to the | ||||||
23 | provisions of Section 110-6 of this Code to increase or revoke | ||||||
24 | the bail for that person's prior alleged offense. | ||||||
25 | (b) Upon depositing this sum and any bond fee authorized | ||||||
26 | by law, the person shall be released from custody subject to |
| |||||||
| |||||||
1 | the conditions of the bail bond. | ||||||
2 | (c) Once bail has been given and a charge is pending or is | ||||||
3 | thereafter filed in or transferred to a court of competent | ||||||
4 | jurisdiction the latter court shall continue the original bail | ||||||
5 | in that court subject to the provisions of Section 110-6 of | ||||||
6 | this Code. | ||||||
7 | (d) After conviction the court may order that the original | ||||||
8 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
9 | bail subject to the provisions of Section 110-6.2. | ||||||
10 | (e) After the entry of an order by the trial court allowing | ||||||
11 | or denying bail pending appeal either party may apply to the | ||||||
12 | reviewing court having jurisdiction or to a justice thereof | ||||||
13 | sitting in vacation for an order increasing or decreasing the | ||||||
14 | amount of bail or allowing or denying bail pending appeal | ||||||
15 | subject to the provisions of Section 110-6.2. | ||||||
16 | (f) When the conditions of the bail bond have been | ||||||
17 | performed and the accused has been discharged from all | ||||||
18 | obligations in the cause the clerk of the court shall return to | ||||||
19 | the accused or to the defendant's designee by an assignment | ||||||
20 | executed at the time the bail amount is deposited, unless the | ||||||
21 | court orders otherwise, 90% of the sum which had been | ||||||
22 | deposited and shall retain as bail bond costs 10% of the amount | ||||||
23 | deposited. However, in no event shall the amount retained by | ||||||
24 | the clerk as bail bond costs be less than $5. Notwithstanding | ||||||
25 | the foregoing, in counties with a population of 3,000,000 or | ||||||
26 | more, in no event shall the amount retained by the clerk as |
| |||||||
| |||||||
1 | bail bond costs exceed $100. Bail bond deposited by or on | ||||||
2 | behalf of a defendant in one case may be used, in the court's | ||||||
3 | discretion, to satisfy financial obligations of that same | ||||||
4 | defendant incurred in a different case due to a fine, court | ||||||
5 | costs, restitution or fees of the defendant's attorney of | ||||||
6 | record. In counties with a population of 3,000,000 or more, | ||||||
7 | the court shall not order bail bond deposited by or on behalf | ||||||
8 | of a defendant in one case to be used to satisfy financial | ||||||
9 | obligations of that same defendant in a different case until | ||||||
10 | the bail bond is first used to satisfy court costs and | ||||||
11 | attorney's fees in the case in which the bail bond has been | ||||||
12 | deposited and any other unpaid child support obligations are | ||||||
13 | satisfied. In counties with a population of less than | ||||||
14 | 3,000,000, the court shall not order bail bond deposited by or | ||||||
15 | on behalf of a defendant in one case to be used to satisfy | ||||||
16 | financial obligations of that same defendant in a different | ||||||
17 | case until the bail bond is first used to satisfy court costs | ||||||
18 | in the case in which the bail bond has been deposited. | ||||||
19 | At the request of the defendant the court may order such | ||||||
20 | 90% of defendant's bail deposit, or whatever amount is | ||||||
21 | repayable to defendant from such deposit, to be paid to | ||||||
22 | defendant's attorney of record. | ||||||
23 | (g) If the accused does not comply with the conditions of | ||||||
24 | the bail bond the court having jurisdiction shall enter an | ||||||
25 | order declaring the bail to be forfeited. Notice of such order | ||||||
26 | of forfeiture shall be mailed forthwith to the accused at his |
| |||||||
| |||||||
1 | last known address. If the accused does not appear and | ||||||
2 | surrender to the court having jurisdiction within 30 days from | ||||||
3 | the date of the forfeiture or within such period satisfy the | ||||||
4 | court that appearance and surrender by the accused is | ||||||
5 | impossible and without his fault the court shall enter | ||||||
6 | judgment for the State if the charge for which the bond was | ||||||
7 | given was a felony or misdemeanor, or if the charge was | ||||||
8 | quasi-criminal or traffic, judgment for the political | ||||||
9 | subdivision of the State which prosecuted the case, against | ||||||
10 | the accused for the amount of the bail and costs of the court | ||||||
11 | proceedings; however, in counties with a population of less | ||||||
12 | than 3,000,000, instead of the court entering a judgment for | ||||||
13 | the full amount of the bond the court may, in its discretion, | ||||||
14 | enter judgment for the cash deposit on the bond, less costs, | ||||||
15 | retain the deposit for further disposition or, if a cash bond | ||||||
16 | was posted for failure to appear in a matter involving | ||||||
17 | enforcement of child support or maintenance, the amount of the | ||||||
18 | cash deposit on the bond, less outstanding costs, may be | ||||||
19 | awarded to the person or entity to whom the child support or | ||||||
20 | maintenance is due. The deposit made in accordance with | ||||||
21 | paragraph (a) shall be applied to the payment of costs. If | ||||||
22 | judgment is entered and any amount of such deposit remains | ||||||
23 | after the payment of costs it shall be applied to payment of | ||||||
24 | the judgment and transferred to the treasury of the municipal | ||||||
25 | corporation wherein the bond was taken if the offense was a | ||||||
26 | violation of any penal ordinance of a political subdivision of |
| |||||||
| |||||||
1 | this State, or to the treasury of the county wherein the bond | ||||||
2 | was taken if the offense was a violation of any penal statute | ||||||
3 | of this State. The balance of the judgment may be enforced and | ||||||
4 | collected in the same manner as a judgment entered in a civil | ||||||
5 | action. | ||||||
6 | (h) After a judgment for a fine and court costs or either | ||||||
7 | is entered in the prosecution of a cause in which a deposit had | ||||||
8 | been made in accordance with paragraph (a) the balance of such | ||||||
9 | deposit, after deduction of bail bond costs, shall be applied | ||||||
10 | to the payment of the judgment. | ||||||
11 | (i) When a court appearance is required for an alleged | ||||||
12 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
13 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
14 | and Aquatic Life Code, the Child Passenger Protection Act, or | ||||||
15 | a comparable offense of a unit of local government as | ||||||
16 | specified in Supreme Court Rule 551, and if the accused does | ||||||
17 | not appear in court on the date set for appearance or any date | ||||||
18 | to which the case may be continued and the court issues an | ||||||
19 | arrest warrant for the accused, based upon his or her failure | ||||||
20 | to appear when having so previously been ordered to appear by | ||||||
21 | the court, the accused upon his or her admission to bail shall | ||||||
22 | be assessed by the court a fee of $75. Payment of the fee shall | ||||||
23 | be a condition of release unless otherwise ordered by the | ||||||
24 | court. The fee shall be in addition to any bail that the | ||||||
25 | accused is required to deposit for the offense for which the | ||||||
26 | accused has been charged and may not be used for the payment of |
| |||||||
| |||||||
1 | court costs or fines assessed for the offense. The clerk of the | ||||||
2 | court shall remit $70 of the fee assessed to the arresting | ||||||
3 | agency who brings the offender in on the arrest warrant. If the | ||||||
4 | Illinois State Police is the arresting agency, $70 of the fee | ||||||
5 | assessed shall be remitted by the clerk of the court to the | ||||||
6 | State Treasurer within one month after receipt for deposit | ||||||
7 | into the State Police Operations Assistance Fund. The clerk of | ||||||
8 | the court shall remit $5 of the fee assessed to the Circuit | ||||||
9 | Court Clerk Operation and Administrative Fund as provided in | ||||||
10 | Section 27.3d of the Clerks of Courts Act.
| ||||||
11 | (725 ILCS 5/110-8.1 new) | ||||||
12 | Sec. 110-8.1. Cash, stocks, bonds and real estate as | ||||||
13 | security for bail. | ||||||
14 | (a) In lieu of the bail deposit provided for in Section | ||||||
15 | 110-7.1 of this Code any person for whom bail has been set may | ||||||
16 | execute the bail bond with or without sureties which bond may | ||||||
17 | be secured: | ||||||
18 | (1) By a deposit, with the clerk of the court, of an amount | ||||||
19 | equal to the required bail, of cash, or stocks and bonds in | ||||||
20 | which trustees are authorized to invest trust funds under the | ||||||
21 | laws of this State; or | ||||||
22 | (2) By real estate situated in this State with | ||||||
23 | unencumbered equity not exempt owned by the accused or | ||||||
24 | sureties worth double the amount of bail set in the bond. | ||||||
25 | (b) If the bail bond is secured by stocks and bonds the |
| |||||||
| |||||||
1 | accused or sureties shall file with the bond a sworn schedule | ||||||
2 | which shall be approved by the court and shall contain: | ||||||
3 | (1) A list of the stocks and bonds deposited | ||||||
4 | describing each in sufficient detail that it may be | ||||||
5 | identified; | ||||||
6 | (2) The market value of each stock and bond; | ||||||
7 | (3) The total market value of the stocks and bonds | ||||||
8 | listed; | ||||||
9 | (4) A statement that the affiant is the sole owner of | ||||||
10 | the stocks and bonds listed and they are not exempt from | ||||||
11 | the enforcement of a judgment thereon; | ||||||
12 | (5) A statement that such stocks and bonds have not | ||||||
13 | previously been used or accepted as bail in this State | ||||||
14 | during the 12 months preceding the date of the bail bond; | ||||||
15 | and | ||||||
16 | (6) A statement that such stocks and bonds are | ||||||
17 | security for the appearance of the accused in accordance | ||||||
18 | with the conditions of the bail bond. | ||||||
19 | (c) If the bail bond is secured by real estate the accused | ||||||
20 | or sureties shall file with the bond a sworn schedule which | ||||||
21 | shall contain: | ||||||
22 | (1) A legal description of the real estate; | ||||||
23 | (2) A description of any and all encumbrances on the | ||||||
24 | real estate including the amount of each and the holder | ||||||
25 | thereof; | ||||||
26 | (3) The market value of the unencumbered equity owned |
| |||||||
| |||||||
1 | by the affiant; | ||||||
2 | (4) A statement that the affiant is the sole owner of | ||||||
3 | such unencumbered equity and that it is not exempt from | ||||||
4 | the enforcement of a judgment thereon; | ||||||
5 | (5) A statement that the real estate has not | ||||||
6 | previously been used or accepted as bail in this State | ||||||
7 | during the 12 months preceding the date of the bail bond; | ||||||
8 | and | ||||||
9 | (6) A statement that the real estate is security for | ||||||
10 | the appearance of the accused in accordance with the | ||||||
11 | conditions of the bail bond. | ||||||
12 | (d) The sworn schedule shall constitute a material part of | ||||||
13 | the bail bond. The affiant commits perjury if in the sworn | ||||||
14 | schedule he makes a false statement which he does not believe | ||||||
15 | to be true. He shall be prosecuted and punished accordingly, | ||||||
16 | or, he may be punished for contempt. | ||||||
17 | (e) A certified copy of the bail bond and schedule of real | ||||||
18 | estate shall be filed immediately in the office of the | ||||||
19 | registrar of titles or recorder of the county in which the real | ||||||
20 | estate is situated and the State shall have a lien on such real | ||||||
21 | estate from the time such copies are filed in the office of the | ||||||
22 | registrar of titles or recorder. The registrar of titles or | ||||||
23 | recorder shall enter, index and record (or register as the | ||||||
24 | case may be) such bail bonds and schedules without requiring | ||||||
25 | any advance fee, which fee shall be taxed as costs in the | ||||||
26 | proceeding and paid out of such costs when collected. |
| |||||||
| |||||||
1 | (f) When the conditions of the bail bond have been | ||||||
2 | performed and the accused has been discharged from his | ||||||
3 | obligations in the cause, the clerk of the court shall return | ||||||
4 | to him or his sureties the deposit of any cash, stocks or | ||||||
5 | bonds. If the bail bond has been secured by real estate the | ||||||
6 | clerk of the court shall forthwith notify in writing the | ||||||
7 | registrar of titles or recorder and the lien of the bail bond | ||||||
8 | on the real estate shall be discharged. | ||||||
9 | (g) If the accused does not comply with the conditions of | ||||||
10 | the bail bond the court having jurisdiction shall enter an | ||||||
11 | order declaring the bail to be forfeited. Notice of such order | ||||||
12 | of forfeiture shall be mailed forthwith by the clerk of the | ||||||
13 | court to the accused and his sureties at their last known | ||||||
14 | address. If the accused does not appear and surrender to the | ||||||
15 | court having jurisdiction within 30 days from the date of the | ||||||
16 | forfeiture or within such period satisfy the court that | ||||||
17 | appearance and surrender by the accused is impossible and | ||||||
18 | without his fault the court shall enter judgment for the State | ||||||
19 | against the accused and his sureties for the amount of the bail | ||||||
20 | and costs of the proceedings; however, in counties with a | ||||||
21 | population of less than 3,000,000, if the defendant has posted | ||||||
22 | a cash bond, instead of the court entering a judgment for the | ||||||
23 | full amount of the bond the court may, in its discretion, enter | ||||||
24 | judgment for the cash deposit on the bond, less costs, retain | ||||||
25 | the deposit for further disposition or, if a cash bond was | ||||||
26 | posted for failure to appear in a matter involving enforcement |
| |||||||
| |||||||
1 | of child support or maintenance, the amount of the cash | ||||||
2 | deposit on the bond, less outstanding costs, may be awarded to | ||||||
3 | the person or entity to whom the child support or maintenance | ||||||
4 | is due. | ||||||
5 | (h) When judgment is entered in favor of the State on any | ||||||
6 | bail bond given for a felony or misdemeanor, or judgment for a | ||||||
7 | political subdivision of the state on any bail bond given for a | ||||||
8 | quasi-criminal or traffic offense, the State's Attorney or | ||||||
9 | political subdivision's attorney shall forthwith obtain a | ||||||
10 | certified copy of the judgment and deliver same to the sheriff | ||||||
11 | to be enforced by levy on the stocks or bonds deposited with | ||||||
12 | the clerk of the court and the real estate described in the | ||||||
13 | bail bond schedule. Any cash forfeited under subsection (g) of | ||||||
14 | this Section shall be used to satisfy the judgment and costs | ||||||
15 | and, without necessity of levy, ordered paid into the treasury | ||||||
16 | of the municipal corporation wherein the bail bond was taken | ||||||
17 | if the offense was a violation of any penal ordinance of a | ||||||
18 | political subdivision of this State, or into the treasury of | ||||||
19 | the county wherein the bail bond was taken if the offense was a | ||||||
20 | violation of any penal statute of this State, or to the person | ||||||
21 | or entity to whom child support or maintenance is owed if the | ||||||
22 | bond was taken for failure to appear in a matter involving | ||||||
23 | child support or maintenance. The stocks, bonds and real | ||||||
24 | estate shall be sold in the same manner as in sales for the | ||||||
25 | enforcement of a judgment in civil actions and the proceeds of | ||||||
26 | such sale shall be used to satisfy all court costs, prior |
| |||||||
| |||||||
1 | encumbrances, if any, and from the balance a sufficient amount | ||||||
2 | to satisfy the judgment shall be paid into the treasury of the | ||||||
3 | municipal corporation wherein the bail bond was taken if the | ||||||
4 | offense was a violation of any penal ordinance of a political | ||||||
5 | subdivision of this State, or into the treasury of the county | ||||||
6 | wherein the bail bond was taken if the offense was a violation | ||||||
7 | of any penal statute of this State. The balance shall be | ||||||
8 | returned to the owner. The real estate so sold may be redeemed | ||||||
9 | in the same manner as real estate may be redeemed after | ||||||
10 | judicial sales or sales for the enforcement of judgments in | ||||||
11 | civil actions. | ||||||
12 | (i) No stocks, bonds or real estate may be used or accepted | ||||||
13 | as bail bond security in this State more than once in any 12 | ||||||
14 | month period.
| ||||||
15 | (725 ILCS 5/110-9.1 new) | ||||||
16 | Sec. 110-9.1. Taking of bail by peace officer. When bail | ||||||
17 | has been set by a judicial officer for a particular offense or | ||||||
18 | offender any sheriff or other peace officer may take bail in | ||||||
19 | accordance with the provisions of Section 110-7.1 or 110-8.1 | ||||||
20 | of this Code and release the offender to appear in accordance | ||||||
21 | with the conditions of the bail bond, the Notice to Appear or | ||||||
22 | the Summons. The officer shall give a receipt to the offender | ||||||
23 | for the bail so taken and within a reasonable time deposit such | ||||||
24 | bail with the clerk of the court having jurisdiction of the | ||||||
25 | offense. A sheriff or other peace officer taking bail in |
| |||||||
| |||||||
1 | accordance with the provisions of Section 110-7.1 or 110-8.1 | ||||||
2 | of this Code shall accept payments made in the form of | ||||||
3 | currency, and may accept other forms of payment as the sheriff | ||||||
4 | shall by rule authorize. For purposes of this Section, | ||||||
5 | "currency" has the meaning provided in subsection (a) of | ||||||
6 | Section 3 of the Currency Reporting Act.
| ||||||
7 | (725 ILCS 5/110-13.1 new) | ||||||
8 | Sec. 110-13.1. Persons prohibited from furnishing bail | ||||||
9 | security. No attorney at law practicing in this State and no | ||||||
10 | official authorized to admit another to bail or to accept bail | ||||||
11 | shall furnish any part of any security for bail in any criminal | ||||||
12 | action or any proceeding nor shall any such person act as | ||||||
13 | surety for any accused admitted to bail.
| ||||||
14 | (725 ILCS 5/110-14.1 new) | ||||||
15 | Sec. 110-14.1. Credit for incarceration on bailable | ||||||
16 | offense; credit against monetary bail for certain offenses. | ||||||
17 | (a) Any person incarcerated on a bailable offense who does | ||||||
18 | not supply bail and against whom a fine is levied on conviction | ||||||
19 | of the offense shall be allowed a credit of $30 for each day so | ||||||
20 | incarcerated upon application of the defendant. However, in no | ||||||
21 | case shall the amount so allowed or credited exceed the amount | ||||||
22 | of the fine. | ||||||
23 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
24 | for sexual assault as defined in paragraph (1) of subsection |
| |||||||
| |||||||
1 | (a) of Section 5-9-1.7 of the Unified Code of Corrections. | ||||||
2 | (c) A person subject to bail on a Category B offense, | ||||||
3 | before January 1, 2023, shall have $30 deducted from his or her | ||||||
4 | 10% cash bond amount every day the person is incarcerated. The | ||||||
5 | sheriff shall calculate and apply this $30 per day reduction | ||||||
6 | and send notice to the circuit clerk if a defendant's 10% cash | ||||||
7 | bond amount is reduced to $0, at which point the defendant | ||||||
8 | shall be released upon his or her own recognizance. | ||||||
9 | (d) The court may deny the incarceration credit in | ||||||
10 | subsection (c) of this Section if the person has failed to | ||||||
11 | appear as required before the court and is incarcerated based | ||||||
12 | on a warrant for failure to appear on the same original | ||||||
13 | criminal offense.
| ||||||
14 | (725 ILCS 5/110-15.1 new) | ||||||
15 | Sec. 110-15.1. Applicability of provisions for giving and | ||||||
16 | taking bail. The provisions of Sections 110-7.1 and 110-8.1 of | ||||||
17 | this Code are exclusive of other provisions of law for the | ||||||
18 | giving, taking, or enforcement of bail. In all cases where a | ||||||
19 | person is admitted to bail the provisions of Sections 110-7.1 | ||||||
20 | and 110-8.1 of this Code shall be applicable. | ||||||
21 | However, the Supreme Court may, by rule or order, | ||||||
22 | prescribe a uniform schedule of amounts of bail in all but | ||||||
23 | felony offenses. The uniform schedule shall not require a | ||||||
24 | person cited for violating the Illinois Vehicle Code or a | ||||||
25 | similar provision of a local ordinance for which a violation |
| |||||||
| |||||||
1 | is a petty offense as defined by Section 5-1-17 of the Unified | ||||||
2 | Code of Corrections, excluding business offenses as defined by | ||||||
3 | Section 5-1-2 of the Unified Code of Corrections or a | ||||||
4 | violation of Section 15-111 or subsection (d) of Section 3-401 | ||||||
5 | of the Illinois Vehicle Code, to post bond to secure bail for | ||||||
6 | his or her release. Such uniform schedule may provide that the | ||||||
7 | cash deposit provisions of Section 110-7.1 shall not apply to | ||||||
8 | bail amounts established for alleged violations punishable by | ||||||
9 | fine alone, and the schedule may further provide that in | ||||||
10 | specified traffic cases a valid Illinois chauffeur's or | ||||||
11 | operator's license must be deposited, in addition to 10% of | ||||||
12 | the amount of the bail specified in the schedule.
| ||||||
13 | (725 ILCS 5/110-16.1 new) | ||||||
14 | Sec. 110-16.1. Bail bond-forfeiture in same case or | ||||||
15 | absents self during trial-not bailable. If a person admitted | ||||||
16 | to bail on a felony charge forfeits his bond and fails to | ||||||
17 | appear in court during the 30 days immediately after such | ||||||
18 | forfeiture, on being taken into custody thereafter he shall | ||||||
19 | not be bailable in the case in question, unless the court finds | ||||||
20 | that his absence was not for the purpose of obstructing | ||||||
21 | justice or avoiding prosecution.
| ||||||
22 | (725 ILCS 5/110-17.1 new) | ||||||
23 | Sec. 110-17.1. Unclaimed bail deposits. Any sum of money | ||||||
24 | deposited by any person to secure his or her release from |
| |||||||
| |||||||
1 | custody which remains unclaimed by the person entitled to its | ||||||
2 | return for 3 years after the conditions of the bail bond have | ||||||
3 | been performed and the accused has been discharged from all | ||||||
4 | obligations in the cause shall be presumed to be abandoned and | ||||||
5 | subject to disposition under the Revised Uniform Unclaimed | ||||||
6 | Property Act.
| ||||||
7 | (725 ILCS 5/110-18.1 new) | ||||||
8 | Sec. 110-18.1. Reimbursement. The sheriff of each county | ||||||
9 | shall certify to the treasurer of each county the number of | ||||||
10 | days that persons had been detained in the custody of the | ||||||
11 | sheriff without a bond being set as a result of an order | ||||||
12 | entered pursuant to Section 110-6.1 of this Code. The county | ||||||
13 | treasurer shall, no later than January 1, annually certify to | ||||||
14 | the Supreme Court the number of days that persons had been | ||||||
15 | detained without bond during the twelve-month period ending | ||||||
16 | November 30. The Supreme Court shall reimburse, from funds | ||||||
17 | appropriated to it by the General Assembly for such purposes, | ||||||
18 | the treasurer of each county an amount of money for deposit in | ||||||
19 | the county general revenue fund at a rate of $50 per day for | ||||||
20 | each day that persons were detained in custody without bail as | ||||||
21 | a result of an order entered pursuant to Section 110-6.1 of | ||||||
22 | this Code.
| ||||||
23 | (725 ILCS 5/Art. 110B heading new) | ||||||
24 | ARTICLE 110B. PEACE BONDS |
| |||||||
| |||||||
1 | (725 ILCS 5/110B-5 new) | ||||||
2 | Sec. 110B-5. Courts as conservators of the peace. All | ||||||
3 | courts are conservators of the peace, shall cause to be kept | ||||||
4 | all laws made for the preservation of the peace, and may | ||||||
5 | require persons to give security to keep the peace or for their | ||||||
6 | good behavior, or both, as provided by this Article.
| ||||||
7 | (725 ILCS 5/110B-10 new) | ||||||
8 | Sec. 110B-10. Complaints. When complaint is made to a | ||||||
9 | judge that a person has threatened or is about to commit an | ||||||
10 | offense against the person or property of another, the court | ||||||
11 | shall examine on oath the complaint, and any witness who may be | ||||||
12 | produced, and reduce the complaint to writing, and cause it to | ||||||
13 | be subscribed and sworn to by the complainant. | ||||||
14 | The complaint may be issued electronically or | ||||||
15 | electromagnetically by use of a facsimile transmission | ||||||
16 | machine, and that complaint has the same validity as a written | ||||||
17 | complaint.
| ||||||
18 | (725 ILCS 5/110B-15 new) | ||||||
19 | Sec. 110B-15. Warrants. If the court is satisfied that | ||||||
20 | there is danger that an offense will be committed, the court | ||||||
21 | shall issue a warrant requiring the proper officer to whom it | ||||||
22 | is directed forthwith to apprehend the person complained of | ||||||
23 | and bring him or her before the court having jurisdiction in |
| |||||||
| |||||||
1 | the premises. | ||||||
2 | The warrant may be issued electronically or | ||||||
3 | electromagnetically by use of a facsimile transmission | ||||||
4 | machine, and that warrant has the same validity as a written | ||||||
5 | warrant.
| ||||||
6 | (725 ILCS 5/110B-20 new) | ||||||
7 | Sec. 110B-20. Hearing. When the person complained of is | ||||||
8 | brought before the court if the charge is controverted, the | ||||||
9 | testimony produced on behalf of the plaintiff and defendant | ||||||
10 | shall be heard.
| ||||||
11 | (725 ILCS 5/110B-25 new) | ||||||
12 | Sec. 110B-25. Malicious prosecution; costs. If it appears | ||||||
13 | that there is no just reason to fear the commission of the | ||||||
14 | offense, the defendant shall be discharged. If the court is of | ||||||
15 | the opinion that the prosecution was commenced maliciously | ||||||
16 | without probable cause, the court may enter judgment against | ||||||
17 | the complainant for the costs of the prosecution.
| ||||||
18 | (725 ILCS 5/110B-30 new) | ||||||
19 | Sec. 110B-30. Recognizance. If there is just reason to | ||||||
20 | fear the commission of an offense, the defendant shall be | ||||||
21 | required to give a recognizance, with sufficient security, in | ||||||
22 | the sum as the court may direct, to keep the peace towards all | ||||||
23 | people of this State, and especially towards the person |
| |||||||
| |||||||
1 | against whom or whose property there is reason to fear the | ||||||
2 | offense may be committed, for such time, not exceeding 12 | ||||||
3 | months, as the court may order. But he or she shall not be | ||||||
4 | bound over to the next court unless he or she is also charged | ||||||
5 | with some other offense for which he or she ought to be held to | ||||||
6 | answer at the court.
| ||||||
7 | (725 ILCS 5/110B-35 new) | ||||||
8 | Sec. 110B-35. Refusal to give recognizance. If the person | ||||||
9 | so ordered to recognize complies with the order, he or she | ||||||
10 | shall be discharged; but if he or she refuses or neglects, the | ||||||
11 | court shall commit him or her to jail during the period for | ||||||
12 | which he or she was required to give security, or until he or | ||||||
13 | she so recognizes, stating in the warrant the cause of | ||||||
14 | commitment, with the sum and time for which the security was | ||||||
15 | required.
| ||||||
16 | (725 ILCS 5/110B-40 new) | ||||||
17 | Sec. 110B-40. Costs of prosecution. When a person is | ||||||
18 | required to give security to keep the peace, or for his or her | ||||||
19 | good behavior, the court may further order that the costs of | ||||||
20 | the prosecution, or any part of the costs, shall be paid by | ||||||
21 | that person, who shall stand committed until the costs are | ||||||
22 | paid or he or she is otherwise legally discharged.
| ||||||
23 | (725 ILCS 5/110B-45 new) |
| |||||||
| |||||||
1 | Sec. 110B-45. Discharge upon giving recognizance. A person | ||||||
2 | committed for not finding sureties, or refusing to recognize | ||||||
3 | as required by the court, may be discharged on giving the | ||||||
4 | security as was required.
| ||||||
5 | (725 ILCS 5/110B-50 new) | ||||||
6 | Sec. 110B-50. Filing of recognizance; breach of condition. | ||||||
7 | Every recognizance taken in accordance with the foregoing | ||||||
8 | provisions shall be filed of record by the clerk and upon a | ||||||
9 | breach of the condition the same shall be prosecuted by the | ||||||
10 | State's Attorney.
| ||||||
11 | (725 ILCS 5/110B-55 new) | ||||||
12 | Sec. 110B-55. Conviction not needed. In proceeding upon a | ||||||
13 | recognizance it is not necessary to show a conviction of the | ||||||
14 | defendant of an offense against the person or property of | ||||||
15 | another.
| ||||||
16 | (725 ILCS 5/110B-60 new) | ||||||
17 | Sec. 110B-60. Threat made in court. A person who, in the | ||||||
18 | presence of a court, commits or threatens to commit an offense | ||||||
19 | against the person or property of another, may be ordered, | ||||||
20 | without process, to enter into a recognizance to keep the | ||||||
21 | peace for a period not exceeding 12 months, and in case of | ||||||
22 | refusal be committed as in other cases.
|
| |||||||
| |||||||
1 | (725 ILCS 5/110B-65 new) | ||||||
2 | Sec. 110B-65. Remitting recognizance. When, upon an action | ||||||
3 | brought upon a recognizance, the penalty for the action is | ||||||
4 | adjudged forfeited, the court may, on the petition of a | ||||||
5 | defendant, remit the portion of it as the circumstances of the | ||||||
6 | case render just and reasonable.
| ||||||
7 | (725 ILCS 5/110B-70 new) | ||||||
8 | Sec. 110B-70. Surrender of principal. The sureties of a | ||||||
9 | person bound to keep the peace may, at any time, surrender | ||||||
10 | their principal to the sheriff of the county in which the | ||||||
11 | principal was bound, under the same rules and regulations | ||||||
12 | governing the surrender of the principal in other criminal | ||||||
13 | cases.
| ||||||
14 | (725 ILCS 5/110B-75 new) | ||||||
15 | Sec. 110B-75. New recognizance. The person so surrendered | ||||||
16 | may recognize anew, with sufficient sureties, before a court, | ||||||
17 | for the residue of the time, and shall thereupon be | ||||||
18 | discharged.
| ||||||
19 | (725 ILCS 5/110B-80 new) | ||||||
20 | Sec. 110B-80. Amended complaint. No proceeding to prevent | ||||||
21 | a breach of the peace shall be dismissed on account of any | ||||||
22 | informality or insufficiency in the complaint, or any process | ||||||
23 | or proceeding, but the complaint may be amended, by order of |
| |||||||
| |||||||
1 | the court, to conform to the facts in the case.
| ||||||
2 | Section 265. The Firearm Seizure Act is amended by | ||||||
3 | changing Section 4 as follows:
| ||||||
4 | (725 ILCS 165/4) (from Ch. 38, par. 161-4) | ||||||
5 | Sec. 4. In lieu of requiring the surrender of any firearm, | ||||||
6 | the court may require the defendant to give a recognizance as | ||||||
7 | provided in Article 110B 110A of the Code of Criminal | ||||||
8 | Procedure of 1963. | ||||||
9 | (Source: P.A. 96-328, eff. 8-11-09.)
| ||||||
10 | Section 270. The Rights of Crime Victims and Witnesses Act | ||||||
11 | is amended by changing Sections 3, 4 and 4.5 as follows:
| ||||||
12 | (725 ILCS 120/3) (from Ch. 38, par. 1403) | ||||||
13 | Sec. 3. The terms used in this Act shall have the following | ||||||
14 | meanings: | ||||||
15 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
16 | person determined by the prosecutor or the court to have | ||||||
17 | suffered direct physical or psychological harm as a result of | ||||||
18 | a violent crime perpetrated or attempted against that person | ||||||
19 | or direct physical or psychological harm as a result of (i) a | ||||||
20 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
21 | similar provision of a local ordinance or (ii) a violation of | ||||||
22 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
2 | years of age or an adult victim who is incompetent or | ||||||
3 | incapacitated, both parents, legal guardians, foster parents, | ||||||
4 | or a single adult representative; (3) in the case of an adult | ||||||
5 | deceased victim, 2 representatives who may be the spouse, | ||||||
6 | parent, child or sibling of the victim, or the representative | ||||||
7 | of the victim's estate; and (4) an immediate family member of a | ||||||
8 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
9 | victim. If the victim is 18 years of age or over, the victim | ||||||
10 | may choose any person to be the victim's representative. In no | ||||||
11 | event shall the defendant or any person who aided and abetted | ||||||
12 | in the commission of the crime be considered a victim, a crime | ||||||
13 | victim, or a representative of the victim. | ||||||
14 | A board, agency, or other governmental entity making | ||||||
15 | decisions regarding an offender's release, sentence reduction, | ||||||
16 | or clemency can determine additional persons are victims for | ||||||
17 | the purpose of its proceedings. | ||||||
18 | (a-3) "Advocate" means a person whose communications with | ||||||
19 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
20 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
21 | Domestic Violence Act of 1986. | ||||||
22 | (a-5) "Confer" means to consult together, share | ||||||
23 | information, compare opinions and carry on a discussion or | ||||||
24 | deliberation. | ||||||
25 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
26 | imposition of sentence, a request for a reduction in sentence, |
| |||||||
| |||||||
1 | parole, mandatory supervised release, aftercare release, early | ||||||
2 | release, inpatient treatment, outpatient treatment, | ||||||
3 | conditional release after a finding that the defendant is not | ||||||
4 | guilty by reason of insanity, clemency, or a proposal that | ||||||
5 | would reduce the defendant's sentence or result in the | ||||||
6 | defendant's release. "Early release" refers to a discretionary | ||||||
7 | release. | ||||||
8 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
9 | imposition of sentence and a request for a reduction in | ||||||
10 | sentence, parole, mandatory supervised release, aftercare | ||||||
11 | release, early release, consideration of inpatient treatment | ||||||
12 | or outpatient treatment, or conditional release after a | ||||||
13 | finding that the defendant is not guilty by reason of | ||||||
14 | insanity. | ||||||
15 | (a-10) "Status hearing" means a hearing designed to | ||||||
16 | provide information to the court, at which no motion of a | ||||||
17 | substantive nature and no constitutional or statutory right of | ||||||
18 | a crime victim is implicated or at issue. | ||||||
19 | (b) "Witness" means: any person who personally observed | ||||||
20 | the commission of a crime and who will testify on behalf of the | ||||||
21 | State of Illinois; or a person who will be called by the | ||||||
22 | prosecution to give testimony establishing a necessary nexus | ||||||
23 | between the offender and the violent crime. | ||||||
24 | (c) "Violent crime" means: (1) any felony in which force | ||||||
25 | or threat of force was used against the victim; (2) any offense | ||||||
26 | involving sexual exploitation, sexual conduct, or sexual |
| |||||||
| |||||||
1 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
2 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
4 | violation of an order of protection, a civil no contact order, | ||||||
5 | or a stalking no contact order; (6) any misdemeanor which | ||||||
6 | results in death or great bodily harm to the victim; or (7) any | ||||||
7 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
9 | Vehicle Code, or a similar provision of a local ordinance, if | ||||||
10 | the violation resulted in personal injury or death. "Violent | ||||||
11 | crime" includes any action committed by a juvenile that would | ||||||
12 | be a violent crime if committed by an adult. For the purposes | ||||||
13 | of this paragraph, "personal injury" shall include any Type A | ||||||
14 | injury as indicated on the traffic crash report completed by a | ||||||
15 | law enforcement officer that requires immediate professional | ||||||
16 | attention in either a doctor's office or medical facility. A | ||||||
17 | type A injury shall include severely bleeding wounds, | ||||||
18 | distorted extremities, and injuries that require the injured | ||||||
19 | party to be carried from the scene. | ||||||
20 | (d) (Blank). | ||||||
21 | (e) "Court proceedings" includes, but is not limited to, | ||||||
22 | the preliminary hearing, any post-arraignment hearing the | ||||||
23 | effect of which may be the release of the defendant from | ||||||
24 | custody or to alter the conditions of bond, change of plea | ||||||
25 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
26 | sentencing, any oral argument or hearing before an Illinois |
| |||||||
| |||||||
1 | appellate court, any hearing under the Mental Health and | ||||||
2 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
3 | Unified Code of Corrections after a finding that the defendant | ||||||
4 | is not guilty by reason of insanity, including a hearing for | ||||||
5 | conditional release, any hearing related to a modification of | ||||||
6 | sentence, probation revocation hearing, aftercare release or | ||||||
7 | parole hearings, post-conviction relief proceedings, habeas | ||||||
8 | corpus proceedings and clemency proceedings related to the | ||||||
9 | defendant's conviction or sentence. For purposes of the | ||||||
10 | victim's right to be present, "court proceedings" does not | ||||||
11 | include (1) hearings under Section 109-1 of the Code of | ||||||
12 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
13 | (2) status hearings, or (4) (3) the issuance of an order or | ||||||
14 | decision of an Illinois court that dismisses a charge, | ||||||
15 | reverses a conviction, reduces a sentence, or releases an | ||||||
16 | offender under a court rule. | ||||||
17 | (f) "Concerned citizen" includes relatives of the victim, | ||||||
18 | friends of the victim, witnesses to the crime, or any other | ||||||
19 | person associated with the victim or prisoner. | ||||||
20 | (g) "Victim's attorney" means an attorney retained by the | ||||||
21 | victim for the purposes of asserting the victim's | ||||||
22 | constitutional and statutory rights. An attorney retained by | ||||||
23 | the victim means an attorney who is hired to represent the | ||||||
24 | victim at the victim's expense or an attorney who has agreed to | ||||||
25 | provide pro bono representation. Nothing in this statute | ||||||
26 | creates a right to counsel at public expense for a victim. |
| |||||||
| |||||||
1 | (h) "Support person" means a person chosen by a victim to | ||||||
2 | be present at court proceedings. | ||||||
3 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23 .)
| ||||||
4 | (725 ILCS 120/4) (from Ch. 38, par. 1404) | ||||||
5 | Sec. 4. Rights of crime victims. | ||||||
6 | (a) Crime victims shall have the following rights: | ||||||
7 | (1) The right to be treated with fairness and respect | ||||||
8 | for their dignity and privacy and to be free from | ||||||
9 | harassment, intimidation, and abuse throughout the | ||||||
10 | criminal justice process. | ||||||
11 | (1.5) The right to notice and to a hearing before a | ||||||
12 | court ruling on a request for access to any of the victim's | ||||||
13 | records, information, or communications which are | ||||||
14 | privileged or confidential by law. | ||||||
15 | (2) The right to timely notification of all court | ||||||
16 | proceedings. | ||||||
17 | (3) The right to communicate with the prosecution. | ||||||
18 | (4) The right to be heard at any post-arraignment | ||||||
19 | court proceeding in which a right of the victim is at issue | ||||||
20 | and any court proceeding involving a post-arraignment | ||||||
21 | release decision, plea, or sentencing. | ||||||
22 | (5) The right to be notified of the conviction, the | ||||||
23 | sentence, the imprisonment and the release of the accused. | ||||||
24 | (6) The right to the timely disposition of the case | ||||||
25 | following the arrest of the accused. |
| |||||||
| |||||||
1 | (7) The right to be reasonably protected from the | ||||||
2 | accused through the criminal justice process. | ||||||
3 | (7.5) The right to have the safety of the victim and | ||||||
4 | the victim's family considered in denying or fixing the | ||||||
5 | amount of bail, determining whether to release the | ||||||
6 | defendant , and setting conditions of release after arrest | ||||||
7 | and conviction. | ||||||
8 | (8) The right to be present at the trial and all other | ||||||
9 | court proceedings on the same basis as the accused, unless | ||||||
10 | the victim is to testify and the court determines that the | ||||||
11 | victim's testimony would be materially affected if the | ||||||
12 | victim hears other testimony at the trial. | ||||||
13 | (9) The right to have present at all court | ||||||
14 | proceedings, including proceedings under the Juvenile | ||||||
15 | Court Act of 1987, subject to the rules of evidence, an | ||||||
16 | advocate and other support person of the victim's choice. | ||||||
17 | (10) The right to restitution. | ||||||
18 | (b) Any law enforcement agency that investigates an | ||||||
19 | offense committed in this State shall provide a crime victim | ||||||
20 | with a written statement and explanation of the rights of | ||||||
21 | crime victims under this amendatory Act of the 99th General | ||||||
22 | Assembly within 48 hours of law enforcement's initial contact | ||||||
23 | with a victim. The statement shall include information about | ||||||
24 | crime victim compensation, including how to contact the Office | ||||||
25 | of the Illinois Attorney General to file a claim, and | ||||||
26 | appropriate referrals to local and State programs that provide |
| |||||||
| |||||||
1 | victim services. The content of the statement shall be | ||||||
2 | provided to law enforcement by the Attorney General. Law | ||||||
3 | enforcement shall also provide a crime victim with a sign-off | ||||||
4 | sheet that the victim shall sign and date as an | ||||||
5 | acknowledgement that he or she has been furnished with | ||||||
6 | information and an explanation of the rights of crime victims | ||||||
7 | and compensation set forth in this Act. | ||||||
8 | (b-5) Upon the request of the victim, the law enforcement | ||||||
9 | agency having jurisdiction shall provide a free copy of the | ||||||
10 | police report concerning the victim's incident, as soon as | ||||||
11 | practicable, but in no event later than 5 business days from | ||||||
12 | the request. | ||||||
13 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
14 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
15 | Illinois Constitution and subsection (a) of this Section | ||||||
16 | within 3 feet of the door to any courtroom where criminal | ||||||
17 | proceedings are conducted. The clerk may also post the rights | ||||||
18 | in other locations in the courthouse. | ||||||
19 | (d) At any point, the victim has the right to retain a | ||||||
20 | victim's attorney who may be present during all stages of any | ||||||
21 | interview, investigation, or other interaction with | ||||||
22 | representatives of the criminal justice system. Treatment of | ||||||
23 | the victim should not be affected or altered in any way as a | ||||||
24 | result of the victim's decision to exercise this right. | ||||||
25 | (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23 .)
|
| |||||||
| |||||||
1 | (725 ILCS 120/4.5) | ||||||
2 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
3 | victims. To afford crime victims their rights, law | ||||||
4 | enforcement, prosecutors, judges, and corrections will provide | ||||||
5 | information, as appropriate, of the following procedures: | ||||||
6 | (a) At the request of the crime victim, law enforcement | ||||||
7 | authorities investigating the case shall provide notice of the | ||||||
8 | status of the investigation, except where the State's Attorney | ||||||
9 | determines that disclosure of such information would | ||||||
10 | unreasonably interfere with the investigation, until such time | ||||||
11 | as the alleged assailant is apprehended or the investigation | ||||||
12 | is closed. | ||||||
13 | (a-5) When law enforcement authorities reopen a closed | ||||||
14 | case to resume investigating, they shall provide notice of the | ||||||
15 | reopening of the case, except where the State's Attorney | ||||||
16 | determines that disclosure of such information would | ||||||
17 | unreasonably interfere with the investigation. | ||||||
18 | (b) The office of the State's Attorney: | ||||||
19 | (1) shall provide notice of the filing of an | ||||||
20 | information, the return of an indictment, or the filing of | ||||||
21 | a petition to adjudicate a minor as a delinquent for a | ||||||
22 | violent crime; | ||||||
23 | (2) shall provide timely notice of the date, time, and | ||||||
24 | place of court proceedings; of any change in the date, | ||||||
25 | time, and place of court proceedings; and of any | ||||||
26 | cancellation of court proceedings. Notice shall be |
| |||||||
| |||||||
1 | provided in sufficient time, wherever possible, for the | ||||||
2 | victim to make arrangements to attend or to prevent an | ||||||
3 | unnecessary appearance at court proceedings; | ||||||
4 | (3) or victim advocate personnel shall provide | ||||||
5 | information of social services and financial assistance | ||||||
6 | available for victims of crime, including information of | ||||||
7 | how to apply for these services and assistance; | ||||||
8 | (3.5) or victim advocate personnel shall provide | ||||||
9 | information about available victim services, including | ||||||
10 | referrals to programs, counselors, and agencies that | ||||||
11 | assist a victim to deal with trauma, loss, and grief; | ||||||
12 | (4) shall assist in having any stolen or other | ||||||
13 | personal property held by law enforcement authorities for | ||||||
14 | evidentiary or other purposes returned as expeditiously as | ||||||
15 | possible, pursuant to the procedures set out in Section | ||||||
16 | 115-9 of the Code of Criminal Procedure of 1963; | ||||||
17 | (5) or victim advocate personnel shall provide | ||||||
18 | appropriate employer intercession services to ensure that | ||||||
19 | employers of victims will cooperate with the criminal | ||||||
20 | justice system in order to minimize an employee's loss of | ||||||
21 | pay and other benefits resulting from court appearances; | ||||||
22 | (6) shall provide, whenever possible, a secure waiting | ||||||
23 | area during court proceedings that does not require | ||||||
24 | victims to be in close proximity to defendants or | ||||||
25 | juveniles accused of a violent crime, and their families | ||||||
26 | and friends; |
| |||||||
| |||||||
1 | (7) shall provide notice to the crime victim of the | ||||||
2 | right to have a translator present at all court | ||||||
3 | proceedings and, in compliance with the federal Americans | ||||||
4 | with Disabilities Act of 1990, the right to communications | ||||||
5 | access through a sign language interpreter or by other | ||||||
6 | means; | ||||||
7 | (8) (blank); | ||||||
8 | (8.5) shall inform the victim of the right to be | ||||||
9 | present at all court proceedings, unless the victim is to | ||||||
10 | testify and the court determines that the victim's | ||||||
11 | testimony would be materially affected if the victim hears | ||||||
12 | other testimony at trial; | ||||||
13 | (9) shall inform the victim of the right to have | ||||||
14 | present at all court proceedings, subject to the rules of | ||||||
15 | evidence and confidentiality, an advocate and other | ||||||
16 | support person of the victim's choice; | ||||||
17 | (9.3) shall inform the victim of the right to retain | ||||||
18 | an attorney, at the victim's own expense, who, upon | ||||||
19 | written notice filed with the clerk of the court and | ||||||
20 | State's Attorney, is to receive copies of all notices, | ||||||
21 | motions, and court orders filed thereafter in the case, in | ||||||
22 | the same manner as if the victim were a named party in the | ||||||
23 | case; | ||||||
24 | (9.5) shall inform the victim of (A) the victim's | ||||||
25 | right under Section 6 of this Act to make a statement at | ||||||
26 | the sentencing hearing; (B) the right of the victim's |
| |||||||
| |||||||
1 | spouse, guardian, parent, grandparent, and other immediate | ||||||
2 | family and household members under Section 6 of this Act | ||||||
3 | to present a statement at sentencing; and (C) if a | ||||||
4 | presentence report is to be prepared, the right of the | ||||||
5 | victim's spouse, guardian, parent, grandparent, and other | ||||||
6 | immediate family and household members to submit | ||||||
7 | information to the preparer of the presentence report | ||||||
8 | about the effect the offense has had on the victim and the | ||||||
9 | person; | ||||||
10 | (10) at the sentencing shall make a good faith attempt | ||||||
11 | to explain the minimum amount of time during which the | ||||||
12 | defendant may actually be physically imprisoned. The | ||||||
13 | Office of the State's Attorney shall further notify the | ||||||
14 | crime victim of the right to request from the Prisoner | ||||||
15 | Review Board or Department of Juvenile Justice information | ||||||
16 | concerning the release of the defendant; | ||||||
17 | (11) shall request restitution at sentencing and as | ||||||
18 | part of a plea agreement if the victim requests | ||||||
19 | restitution; | ||||||
20 | (12) shall, upon the court entering a verdict of not | ||||||
21 | guilty by reason of insanity, inform the victim of the | ||||||
22 | notification services available from the Department of | ||||||
23 | Human Services, including the statewide telephone number, | ||||||
24 | under subparagraph (d)(2) of this Section; | ||||||
25 | (13) shall provide notice within a reasonable time | ||||||
26 | after receipt of notice from the custodian, of the release |
| |||||||
| |||||||
1 | of the defendant on pretrial release bail or personal | ||||||
2 | recognizance or the release from detention of a minor who | ||||||
3 | has been detained; | ||||||
4 | (14) shall explain in nontechnical language the | ||||||
5 | details of any plea or verdict of a defendant, or any | ||||||
6 | adjudication of a juvenile as a delinquent; | ||||||
7 | (15) shall make all reasonable efforts to consult with | ||||||
8 | the crime victim before the Office of the State's Attorney | ||||||
9 | makes an offer of a plea bargain to the defendant or enters | ||||||
10 | into negotiations with the defendant concerning a possible | ||||||
11 | plea agreement, and shall consider the written statement, | ||||||
12 | if prepared prior to entering into a plea agreement. The | ||||||
13 | right to consult with the prosecutor does not include the | ||||||
14 | right to veto a plea agreement or to insist the case go to | ||||||
15 | trial. If the State's Attorney has not consulted with the | ||||||
16 | victim prior to making an offer or entering into plea | ||||||
17 | negotiations with the defendant, the Office of the State's | ||||||
18 | Attorney shall notify the victim of the offer or the | ||||||
19 | negotiations within 2 business days and confer with the | ||||||
20 | victim; | ||||||
21 | (16) shall provide notice of the ultimate disposition | ||||||
22 | of the cases arising from an indictment or an information, | ||||||
23 | or a petition to have a juvenile adjudicated as a | ||||||
24 | delinquent for a violent crime; | ||||||
25 | (17) shall provide notice of any appeal taken by the | ||||||
26 | defendant and information on how to contact the |
| |||||||
| |||||||
1 | appropriate agency handling the appeal, and how to request | ||||||
2 | notice of any hearing, oral argument, or decision of an | ||||||
3 | appellate court; | ||||||
4 | (18) shall provide timely notice of any request for | ||||||
5 | post-conviction review filed by the defendant under | ||||||
6 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
7 | of the date, time and place of any hearing concerning the | ||||||
8 | petition. Whenever possible, notice of the hearing shall | ||||||
9 | be given within 48 hours of the court's scheduling of the | ||||||
10 | hearing; | ||||||
11 | (19) shall forward a copy of any statement presented | ||||||
12 | under Section 6 to the Prisoner Review Board or Department | ||||||
13 | of Juvenile Justice to be considered in making a | ||||||
14 | determination under Section 3-2.5-85 or subsection (b) of | ||||||
15 | Section 3-3-8 of the Unified Code of Corrections; | ||||||
16 | (20) shall, within a reasonable time, offer to meet | ||||||
17 | with the crime victim regarding the decision of the | ||||||
18 | State's Attorney not to charge an offense, and shall meet | ||||||
19 | with the victim, if the victim agrees. The victim has a | ||||||
20 | right to have an attorney, advocate, and other support | ||||||
21 | person of the victim's choice attend this meeting with the | ||||||
22 | victim; and | ||||||
23 | (21) shall give the crime victim timely notice of any | ||||||
24 | decision not to pursue charges and consider the safety of | ||||||
25 | the victim when deciding how to give such notice. | ||||||
26 | (c) The court shall ensure that the rights of the victim |
| |||||||
| |||||||
1 | are afforded. | ||||||
2 | (c-5) The following procedures shall be followed to afford | ||||||
3 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
4 | Illinois Constitution: | ||||||
5 | (1) Written notice. A victim may complete a written | ||||||
6 | notice of intent to assert rights on a form prepared by the | ||||||
7 | Office of the Attorney General and provided to the victim | ||||||
8 | by the State's Attorney. The victim may at any time | ||||||
9 | provide a revised written notice to the State's Attorney. | ||||||
10 | The State's Attorney shall file the written notice with | ||||||
11 | the court. At the beginning of any court proceeding in | ||||||
12 | which the right of a victim may be at issue, the court and | ||||||
13 | prosecutor shall review the written notice to determine | ||||||
14 | whether the victim has asserted the right that may be at | ||||||
15 | issue. | ||||||
16 | (2) Victim's retained attorney. A victim's attorney | ||||||
17 | shall file an entry of appearance limited to assertion of | ||||||
18 | the victim's rights. Upon the filing of the entry of | ||||||
19 | appearance and service on the State's Attorney and the | ||||||
20 | defendant, the attorney is to receive copies of all | ||||||
21 | notices, motions and court orders filed thereafter in the | ||||||
22 | case. | ||||||
23 | (3) Standing. The victim has standing to assert the | ||||||
24 | rights enumerated in subsection (a) of Article I, Section | ||||||
25 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
26 | under Section 4 of this Act in any court exercising |
| |||||||
| |||||||
1 | jurisdiction over the criminal case. The prosecuting | ||||||
2 | attorney, a victim, or the victim's retained attorney may | ||||||
3 | assert the victim's rights. The defendant in the criminal | ||||||
4 | case has no standing to assert a right of the victim in any | ||||||
5 | court proceeding, including on appeal. | ||||||
6 | (4) Assertion of and enforcement of rights. | ||||||
7 | (A) The prosecuting attorney shall assert a | ||||||
8 | victim's right or request enforcement of a right by | ||||||
9 | filing a motion or by orally asserting the right or | ||||||
10 | requesting enforcement in open court in the criminal | ||||||
11 | case outside the presence of the jury. The prosecuting | ||||||
12 | attorney shall consult with the victim and the | ||||||
13 | victim's attorney regarding the assertion or | ||||||
14 | enforcement of a right. If the prosecuting attorney | ||||||
15 | decides not to assert or enforce a victim's right, the | ||||||
16 | prosecuting attorney shall notify the victim or the | ||||||
17 | victim's attorney in sufficient time to allow the | ||||||
18 | victim or the victim's attorney to assert the right or | ||||||
19 | to seek enforcement of a right. | ||||||
20 | (B) If the prosecuting attorney elects not to | ||||||
21 | assert a victim's right or to seek enforcement of a | ||||||
22 | right, the victim or the victim's attorney may assert | ||||||
23 | the victim's right or request enforcement of a right | ||||||
24 | by filing a motion or by orally asserting the right or | ||||||
25 | requesting enforcement in open court in the criminal | ||||||
26 | case outside the presence of the jury. |
| |||||||
| |||||||
1 | (C) If the prosecuting attorney asserts a victim's | ||||||
2 | right or seeks enforcement of a right, unless the | ||||||
3 | prosecuting attorney objects or the trial court does | ||||||
4 | not allow it, the victim or the victim's attorney may | ||||||
5 | be heard regarding the prosecuting attorney's motion | ||||||
6 | or may file a simultaneous motion to assert or request | ||||||
7 | enforcement of the victim's right. If the victim or | ||||||
8 | the victim's attorney was not allowed to be heard at | ||||||
9 | the hearing regarding the prosecuting attorney's | ||||||
10 | motion, and the court denies the prosecuting | ||||||
11 | attorney's assertion of the right or denies the | ||||||
12 | request for enforcement of a right, the victim or | ||||||
13 | victim's attorney may file a motion to assert the | ||||||
14 | victim's right or to request enforcement of the right | ||||||
15 | within 10 days of the court's ruling. The motion need | ||||||
16 | not demonstrate the grounds for a motion for | ||||||
17 | reconsideration. The court shall rule on the merits of | ||||||
18 | the motion. | ||||||
19 | (D) The court shall take up and decide any motion | ||||||
20 | or request asserting or seeking enforcement of a | ||||||
21 | victim's right without delay, unless a specific time | ||||||
22 | period is specified by law or court rule. The reasons | ||||||
23 | for any decision denying the motion or request shall | ||||||
24 | be clearly stated on the record. | ||||||
25 | (E) No later than January 1, 2023, the Office of | ||||||
26 | the Attorney General shall: |
| |||||||
| |||||||
1 | (i) designate an administrative authority | ||||||
2 | within the Office of the Attorney General to | ||||||
3 | receive and investigate complaints relating to the | ||||||
4 | provision or violation of the rights of a crime | ||||||
5 | victim as described in Article I, Section 8.1 of | ||||||
6 | the Illinois Constitution and in this Act; | ||||||
7 | (ii) create and administer a course of | ||||||
8 | training for employees and offices of the State of | ||||||
9 | Illinois that fail to comply with provisions of | ||||||
10 | Illinois law pertaining to the treatment of crime | ||||||
11 | victims as described in Article I, Section 8.1 of | ||||||
12 | the Illinois Constitution and in this Act as | ||||||
13 | required by the court under Section 5 of this Act; | ||||||
14 | and | ||||||
15 | (iii) have the authority to make | ||||||
16 | recommendations to employees and offices of the | ||||||
17 | State of Illinois to respond more effectively to | ||||||
18 | the needs of crime victims, including regarding | ||||||
19 | the violation of the rights of a crime victim. | ||||||
20 | (F) Crime victims' rights may also be asserted by | ||||||
21 | filing a complaint for mandamus, injunctive, or | ||||||
22 | declaratory relief in the jurisdiction in which the | ||||||
23 | victim's right is being violated or where the crime is | ||||||
24 | being prosecuted. For complaints or motions filed by | ||||||
25 | or on behalf of the victim, the clerk of court shall | ||||||
26 | waive filing fees that would otherwise be owed by the |
| |||||||
| |||||||
1 | victim for any court filing with the purpose of | ||||||
2 | enforcing crime victims' rights. If the court denies | ||||||
3 | the relief sought by the victim, the reasons for the | ||||||
4 | denial shall be clearly stated on the record in the | ||||||
5 | transcript of the proceedings, in a written opinion, | ||||||
6 | or in the docket entry, and the victim may appeal the | ||||||
7 | circuit court's decision to the appellate court. The | ||||||
8 | court shall issue prompt rulings regarding victims' | ||||||
9 | rights. Proceedings seeking to enforce victims' rights | ||||||
10 | shall not be stayed or subject to unreasonable delay | ||||||
11 | via continuances. | ||||||
12 | (5) Violation of rights and remedies. | ||||||
13 | (A) If the court determines that a victim's right | ||||||
14 | has been violated, the court shall determine the | ||||||
15 | appropriate remedy for the violation of the victim's | ||||||
16 | right by hearing from the victim and the parties, | ||||||
17 | considering all factors relevant to the issue, and | ||||||
18 | then awarding appropriate relief to the victim. | ||||||
19 | (A-5) Consideration of an issue of a substantive | ||||||
20 | nature or an issue that implicates the constitutional | ||||||
21 | or statutory right of a victim at a court proceeding | ||||||
22 | labeled as a status hearing shall constitute a per se | ||||||
23 | violation of a victim's right. | ||||||
24 | (B) The appropriate remedy shall include only | ||||||
25 | actions necessary to provide the victim the right to | ||||||
26 | which the victim was entitled. Remedies may include, |
| |||||||
| |||||||
1 | but are not limited to: injunctive relief requiring | ||||||
2 | the victim's right to be afforded; declaratory | ||||||
3 | judgment recognizing or clarifying the victim's | ||||||
4 | rights; a writ of mandamus; and may include reopening | ||||||
5 | previously held proceedings; however, in no event | ||||||
6 | shall the court vacate a conviction. Any remedy shall | ||||||
7 | be tailored to provide the victim an appropriate | ||||||
8 | remedy without violating any constitutional right of | ||||||
9 | the defendant. In no event shall the appropriate | ||||||
10 | remedy to the victim be a new trial or damages. | ||||||
11 | The court shall impose a mandatory training course | ||||||
12 | provided by the Attorney General for the employee under | ||||||
13 | item (ii) of subparagraph (E) of paragraph (4), which must | ||||||
14 | be successfully completed within 6 months of the entry of | ||||||
15 | the court order. | ||||||
16 | This paragraph (5) takes effect January 2, 2023. | ||||||
17 | (6) Right to be heard. Whenever a victim has the right | ||||||
18 | to be heard, the court shall allow the victim to exercise | ||||||
19 | the right in any reasonable manner the victim chooses. | ||||||
20 | (7) Right to attend trial. A party must file a written | ||||||
21 | motion to exclude a victim from trial at least 60 days | ||||||
22 | prior to the date set for trial. The motion must state with | ||||||
23 | specificity the reason exclusion is necessary to protect a | ||||||
24 | constitutional right of the party, and must contain an | ||||||
25 | offer of proof. The court shall rule on the motion within | ||||||
26 | 30 days. If the motion is granted, the court shall set |
| |||||||
| |||||||
1 | forth on the record the facts that support its finding | ||||||
2 | that the victim's testimony will be materially affected if | ||||||
3 | the victim hears other testimony at trial. | ||||||
4 | (8) Right to have advocate and support person present | ||||||
5 | at court proceedings. | ||||||
6 | (A) A party who intends to call an advocate as a | ||||||
7 | witness at trial must seek permission of the court | ||||||
8 | before the subpoena is issued. The party must file a | ||||||
9 | written motion at least 90 days before trial that sets | ||||||
10 | forth specifically the issues on which the advocate's | ||||||
11 | testimony is sought and an offer of proof regarding | ||||||
12 | (i) the content of the anticipated testimony of the | ||||||
13 | advocate; and (ii) the relevance, admissibility, and | ||||||
14 | materiality of the anticipated testimony. The court | ||||||
15 | shall consider the motion and make findings within 30 | ||||||
16 | days of the filing of the motion. If the court finds by | ||||||
17 | a preponderance of the evidence that: (i) the | ||||||
18 | anticipated testimony is not protected by an absolute | ||||||
19 | privilege; and (ii) the anticipated testimony contains | ||||||
20 | relevant, admissible, and material evidence that is | ||||||
21 | not available through other witnesses or evidence, the | ||||||
22 | court shall issue a subpoena requiring the advocate to | ||||||
23 | appear to testify at an in camera hearing. The | ||||||
24 | prosecuting attorney and the victim shall have 15 days | ||||||
25 | to seek appellate review before the advocate is | ||||||
26 | required to testify at an ex parte in camera |
| |||||||
| |||||||
1 | proceeding. | ||||||
2 | The prosecuting attorney, the victim, and the | ||||||
3 | advocate's attorney shall be allowed to be present at | ||||||
4 | the ex parte in camera proceeding. If, after | ||||||
5 | conducting the ex parte in camera hearing, the court | ||||||
6 | determines that due process requires any testimony | ||||||
7 | regarding confidential or privileged information or | ||||||
8 | communications, the court shall provide to the | ||||||
9 | prosecuting attorney, the victim, and the advocate's | ||||||
10 | attorney a written memorandum on the substance of the | ||||||
11 | advocate's testimony. The prosecuting attorney, the | ||||||
12 | victim, and the advocate's attorney shall have 15 days | ||||||
13 | to seek appellate review before a subpoena may be | ||||||
14 | issued for the advocate to testify at trial. The | ||||||
15 | presence of the prosecuting attorney at the ex parte | ||||||
16 | in camera proceeding does not make the substance of | ||||||
17 | the advocate's testimony that the court has ruled | ||||||
18 | inadmissible subject to discovery. | ||||||
19 | (B) If a victim has asserted the right to have a | ||||||
20 | support person present at the court proceedings, the | ||||||
21 | victim shall provide the name of the person the victim | ||||||
22 | has chosen to be the victim's support person to the | ||||||
23 | prosecuting attorney, within 60 days of trial. The | ||||||
24 | prosecuting attorney shall provide the name to the | ||||||
25 | defendant. If the defendant intends to call the | ||||||
26 | support person as a witness at trial, the defendant |
| |||||||
| |||||||
1 | must seek permission of the court before a subpoena is | ||||||
2 | issued. The defendant must file a written motion at | ||||||
3 | least 45 days prior to trial that sets forth | ||||||
4 | specifically the issues on which the support person | ||||||
5 | will testify and an offer of proof regarding: (i) the | ||||||
6 | content of the anticipated testimony of the support | ||||||
7 | person; and (ii) the relevance, admissibility, and | ||||||
8 | materiality of the anticipated testimony. | ||||||
9 | If the prosecuting attorney intends to call the | ||||||
10 | support person as a witness during the State's | ||||||
11 | case-in-chief, the prosecuting attorney shall inform | ||||||
12 | the court of this intent in the response to the | ||||||
13 | defendant's written motion. The victim may choose a | ||||||
14 | different person to be the victim's support person. | ||||||
15 | The court may allow the defendant to inquire about | ||||||
16 | matters outside the scope of the direct examination | ||||||
17 | during cross-examination. If the court allows the | ||||||
18 | defendant to do so, the support person shall be | ||||||
19 | allowed to remain in the courtroom after the support | ||||||
20 | person has testified. A defendant who fails to | ||||||
21 | question the support person about matters outside the | ||||||
22 | scope of direct examination during the State's | ||||||
23 | case-in-chief waives the right to challenge the | ||||||
24 | presence of the support person on appeal. The court | ||||||
25 | shall allow the support person to testify if called as | ||||||
26 | a witness in the defendant's case-in-chief or the |
| |||||||
| |||||||
1 | State's rebuttal. | ||||||
2 | If the court does not allow the defendant to | ||||||
3 | inquire about matters outside the scope of the direct | ||||||
4 | examination, the support person shall be allowed to | ||||||
5 | remain in the courtroom after the support person has | ||||||
6 | been called by the defendant or the defendant has | ||||||
7 | rested. The court shall allow the support person to | ||||||
8 | testify in the State's rebuttal. | ||||||
9 | If the prosecuting attorney does not intend to | ||||||
10 | call the support person in the State's case-in-chief, | ||||||
11 | the court shall verify with the support person whether | ||||||
12 | the support person, if called as a witness, would | ||||||
13 | testify as set forth in the offer of proof. If the | ||||||
14 | court finds that the support person would testify as | ||||||
15 | set forth in the offer of proof, the court shall rule | ||||||
16 | on the relevance, materiality, and admissibility of | ||||||
17 | the anticipated testimony. If the court rules the | ||||||
18 | anticipated testimony is admissible, the court shall | ||||||
19 | issue the subpoena. The support person may remain in | ||||||
20 | the courtroom after the support person testifies and | ||||||
21 | shall be allowed to testify in rebuttal. | ||||||
22 | If the court excludes the victim's support person | ||||||
23 | during the State's case-in-chief, the victim shall be | ||||||
24 | allowed to choose another support person to be present | ||||||
25 | in court. | ||||||
26 | If the victim fails to designate a support person |
| |||||||
| |||||||
1 | within 60 days of trial and the defendant has | ||||||
2 | subpoenaed the support person to testify at trial, the | ||||||
3 | court may exclude the support person from the trial | ||||||
4 | until the support person testifies. If the court | ||||||
5 | excludes the support person the victim may choose | ||||||
6 | another person as a support person. | ||||||
7 | (9) Right to notice and hearing before disclosure of | ||||||
8 | confidential or privileged information or records. | ||||||
9 | (A) A defendant who seeks to subpoena testimony or | ||||||
10 | records of or concerning the victim that are | ||||||
11 | confidential or privileged by law must seek permission | ||||||
12 | of the court before the subpoena is issued. The | ||||||
13 | defendant must file a written motion and an offer of | ||||||
14 | proof regarding the relevance, admissibility and | ||||||
15 | materiality of the testimony or records. If the court | ||||||
16 | finds by a preponderance of the evidence that: | ||||||
17 | (i) the testimony or records are not protected | ||||||
18 | by an absolute privilege and | ||||||
19 | (ii) the testimony or records contain | ||||||
20 | relevant, admissible, and material evidence that | ||||||
21 | is not available through other witnesses or | ||||||
22 | evidence, the court shall issue a subpoena | ||||||
23 | requiring the witness to appear in camera or a | ||||||
24 | sealed copy of the records be delivered to the | ||||||
25 | court to be reviewed in camera. If, after | ||||||
26 | conducting an in camera review of the witness |
| |||||||
| |||||||
1 | statement or records, the court determines that | ||||||
2 | due process requires disclosure of any potential | ||||||
3 | testimony or any portion of the records, the court | ||||||
4 | shall provide copies of the records that it | ||||||
5 | intends to disclose to the prosecuting attorney | ||||||
6 | and the victim. The prosecuting attorney and the | ||||||
7 | victim shall have 30 days to seek appellate review | ||||||
8 | before the records are disclosed to the defendant, | ||||||
9 | used in any court proceeding, or disclosed to | ||||||
10 | anyone or in any way that would subject the | ||||||
11 | testimony or records to public review. The | ||||||
12 | disclosure of copies of any portion of the | ||||||
13 | testimony or records to the prosecuting attorney | ||||||
14 | under this Section does not make the records | ||||||
15 | subject to discovery or required to be provided to | ||||||
16 | the defendant. | ||||||
17 | (B) A prosecuting attorney who seeks to subpoena | ||||||
18 | information or records concerning the victim that are | ||||||
19 | confidential or privileged by law must first request | ||||||
20 | the written consent of the crime victim. If the victim | ||||||
21 | does not provide such written consent, including where | ||||||
22 | necessary the appropriate signed document required for | ||||||
23 | waiving privilege, the prosecuting attorney must serve | ||||||
24 | the subpoena at least 21 days prior to the date a | ||||||
25 | response or appearance is required to allow the | ||||||
26 | subject of the subpoena time to file a motion to quash |
| |||||||
| |||||||
1 | or request a hearing. The prosecuting attorney must | ||||||
2 | also send a written notice to the victim at least 21 | ||||||
3 | days prior to the response date to allow the victim to | ||||||
4 | file a motion or request a hearing. The notice to the | ||||||
5 | victim shall inform the victim (i) that a subpoena has | ||||||
6 | been issued for confidential information or records | ||||||
7 | concerning the victim, (ii) that the victim has the | ||||||
8 | right to request a hearing prior to the response date | ||||||
9 | of the subpoena, and (iii) how to request the hearing. | ||||||
10 | The notice to the victim shall also include a copy of | ||||||
11 | the subpoena. If requested, a hearing regarding the | ||||||
12 | subpoena shall occur before information or records are | ||||||
13 | provided to the prosecuting attorney. | ||||||
14 | (10) Right to notice of court proceedings. If the | ||||||
15 | victim is not present at a court proceeding in which a | ||||||
16 | right of the victim is at issue, the court shall ask the | ||||||
17 | prosecuting attorney whether the victim was notified of | ||||||
18 | the time, place, and purpose of the court proceeding and | ||||||
19 | that the victim had a right to be heard at the court | ||||||
20 | proceeding. If the court determines that timely notice was | ||||||
21 | not given or that the victim was not adequately informed | ||||||
22 | of the nature of the court proceeding, the court shall not | ||||||
23 | rule on any substantive issues, accept a plea, or impose a | ||||||
24 | sentence and shall continue the hearing for the time | ||||||
25 | necessary to notify the victim of the time, place and | ||||||
26 | nature of the court proceeding. The time between court |
| |||||||
| |||||||
1 | proceedings shall not be attributable to the State under | ||||||
2 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
3 | (11) Right to timely disposition of the case. A victim | ||||||
4 | has the right to timely disposition of the case so as to | ||||||
5 | minimize the stress, cost, and inconvenience resulting | ||||||
6 | from the victim's involvement in the case. Before ruling | ||||||
7 | on a motion to continue trial or other court proceeding, | ||||||
8 | the court shall inquire into the circumstances for the | ||||||
9 | request for the delay and, if the victim has provided | ||||||
10 | written notice of the assertion of the right to a timely | ||||||
11 | disposition, and whether the victim objects to the delay. | ||||||
12 | If the victim objects, the prosecutor shall inform the | ||||||
13 | court of the victim's objections. If the prosecutor has | ||||||
14 | not conferred with the victim about the continuance, the | ||||||
15 | prosecutor shall inform the court of the attempts to | ||||||
16 | confer. If the court finds the attempts of the prosecutor | ||||||
17 | to confer with the victim were inadequate to protect the | ||||||
18 | victim's right to be heard, the court shall give the | ||||||
19 | prosecutor at least 3 but not more than 5 business days to | ||||||
20 | confer with the victim. In ruling on a motion to continue, | ||||||
21 | the court shall consider the reasons for the requested | ||||||
22 | continuance, the number and length of continuances that | ||||||
23 | have been granted, the victim's objections and procedures | ||||||
24 | to avoid further delays. If a continuance is granted over | ||||||
25 | the victim's objection, the court shall specify on the | ||||||
26 | record the reasons for the continuance and the procedures |
| |||||||
| |||||||
1 | that have been or will be taken to avoid further delays. | ||||||
2 | (12) Right to Restitution. | ||||||
3 | (A) If the victim has asserted the right to | ||||||
4 | restitution and the amount of restitution is known at | ||||||
5 | the time of sentencing, the court shall enter the | ||||||
6 | judgment of restitution at the time of sentencing. | ||||||
7 | (B) If the victim has asserted the right to | ||||||
8 | restitution and the amount of restitution is not known | ||||||
9 | at the time of sentencing, the prosecutor shall, | ||||||
10 | within 5 days after sentencing, notify the victim what | ||||||
11 | information and documentation related to restitution | ||||||
12 | is needed and that the information and documentation | ||||||
13 | must be provided to the prosecutor within 45 days | ||||||
14 | after sentencing. Failure to timely provide | ||||||
15 | information and documentation related to restitution | ||||||
16 | shall be deemed a waiver of the right to restitution. | ||||||
17 | The prosecutor shall file and serve within 60 days | ||||||
18 | after sentencing a proposed judgment for restitution | ||||||
19 | and a notice that includes information concerning the | ||||||
20 | identity of any victims or other persons seeking | ||||||
21 | restitution, whether any victim or other person | ||||||
22 | expressly declines restitution, the nature and amount | ||||||
23 | of any damages together with any supporting | ||||||
24 | documentation, a restitution amount recommendation, | ||||||
25 | and the names of any co-defendants and their case | ||||||
26 | numbers. Within 30 days after receipt of the proposed |
| |||||||
| |||||||
1 | judgment for restitution, the defendant shall file any | ||||||
2 | objection to the proposed judgment, a statement of | ||||||
3 | grounds for the objection, and a financial statement. | ||||||
4 | If the defendant does not file an objection, the court | ||||||
5 | may enter the judgment for restitution without further | ||||||
6 | proceedings. If the defendant files an objection and | ||||||
7 | either party requests a hearing, the court shall | ||||||
8 | schedule a hearing. | ||||||
9 | (13) Access to presentence reports. | ||||||
10 | (A) The victim may request a copy of the | ||||||
11 | presentence report prepared under the Unified Code of | ||||||
12 | Corrections from the State's Attorney. The State's | ||||||
13 | Attorney shall redact the following information before | ||||||
14 | providing a copy of the report: | ||||||
15 | (i) the defendant's mental history and | ||||||
16 | condition; | ||||||
17 | (ii) any evaluation prepared under subsection | ||||||
18 | (b) or (b-5) of Section 5-3-2; and | ||||||
19 | (iii) the name, address, phone number, and | ||||||
20 | other personal information about any other victim. | ||||||
21 | (B) The State's Attorney or the defendant may | ||||||
22 | request the court redact other information in the | ||||||
23 | report that may endanger the safety of any person. | ||||||
24 | (C) The State's Attorney may orally disclose to | ||||||
25 | the victim any of the information that has been | ||||||
26 | redacted if there is a reasonable likelihood that the |
| |||||||
| |||||||
1 | information will be stated in court at the sentencing. | ||||||
2 | (D) The State's Attorney must advise the victim | ||||||
3 | that the victim must maintain the confidentiality of | ||||||
4 | the report and other information. Any dissemination of | ||||||
5 | the report or information that was not stated at a | ||||||
6 | court proceeding constitutes indirect criminal | ||||||
7 | contempt of court. | ||||||
8 | (14) Appellate relief. If the trial court denies the | ||||||
9 | relief requested, the victim, the victim's attorney, or | ||||||
10 | the prosecuting attorney may file an appeal within 30 days | ||||||
11 | of the trial court's ruling. The trial or appellate court | ||||||
12 | may stay the court proceedings if the court finds that a | ||||||
13 | stay would not violate a constitutional right of the | ||||||
14 | defendant. If the appellate court denies the relief | ||||||
15 | sought, the reasons for the denial shall be clearly stated | ||||||
16 | in a written opinion. In any appeal in a criminal case, the | ||||||
17 | State may assert as error the court's denial of any crime | ||||||
18 | victim's right in the proceeding to which the appeal | ||||||
19 | relates. | ||||||
20 | (15) Limitation on appellate relief. In no case shall | ||||||
21 | an appellate court provide a new trial to remedy the | ||||||
22 | violation of a victim's right. | ||||||
23 | (16) The right to be reasonably protected from the | ||||||
24 | accused throughout the criminal justice process and the | ||||||
25 | right to have the safety of the victim and the victim's | ||||||
26 | family considered in denying or fixing the amount of bail, |
| |||||||
| |||||||
1 | determining whether to release the defendant, and setting | ||||||
2 | conditions of release after arrest and conviction. A | ||||||
3 | victim of domestic violence, a sexual offense, or stalking | ||||||
4 | may request the entry of a protective order under Article | ||||||
5 | 112A of the Code of Criminal Procedure of 1963. | ||||||
6 | (d) Procedures after the imposition of sentence. | ||||||
7 | (1) The Prisoner Review Board shall inform a victim or | ||||||
8 | any other concerned citizen, upon written request, of the | ||||||
9 | prisoner's release on parole, mandatory supervised | ||||||
10 | release, electronic detention, work release, international | ||||||
11 | transfer or exchange, or by the custodian, other than the | ||||||
12 | Department of Juvenile Justice, of the discharge of any | ||||||
13 | individual who was adjudicated a delinquent for a crime | ||||||
14 | from State custody and by the sheriff of the appropriate | ||||||
15 | county of any such person's final discharge from county | ||||||
16 | custody. The Prisoner Review Board, upon written request, | ||||||
17 | shall provide to a victim or any other concerned citizen a | ||||||
18 | recent photograph of any person convicted of a felony, | ||||||
19 | upon his or her release from custody. The Prisoner Review | ||||||
20 | Board, upon written request, shall inform a victim or any | ||||||
21 | other concerned citizen when feasible at least 7 days | ||||||
22 | prior to the prisoner's release on furlough of the times | ||||||
23 | and dates of such furlough. Upon written request by the | ||||||
24 | victim or any other concerned citizen, the State's | ||||||
25 | Attorney shall notify the person once of the times and | ||||||
26 | dates of release of a prisoner sentenced to periodic |
| |||||||
| |||||||
1 | imprisonment. Notification shall be based on the most | ||||||
2 | recent information as to the victim's or other concerned | ||||||
3 | citizen's residence or other location available to the | ||||||
4 | notifying authority. | ||||||
5 | (2) When the defendant has been committed to the | ||||||
6 | Department of Human Services pursuant to Section 5-2-4 or | ||||||
7 | any other provision of the Unified Code of Corrections, | ||||||
8 | the victim may request to be notified by the releasing | ||||||
9 | authority of the approval by the court of an on-grounds | ||||||
10 | pass, a supervised off-grounds pass, an unsupervised | ||||||
11 | off-grounds pass, or conditional release; the release on | ||||||
12 | an off-grounds pass; the return from an off-grounds pass; | ||||||
13 | transfer to another facility; conditional release; escape; | ||||||
14 | death; or final discharge from State custody. The | ||||||
15 | Department of Human Services shall establish and maintain | ||||||
16 | a statewide telephone number to be used by victims to make | ||||||
17 | notification requests under these provisions and shall | ||||||
18 | publicize this telephone number on its website and to the | ||||||
19 | State's Attorney of each county. | ||||||
20 | (3) In the event of an escape from State custody, the | ||||||
21 | Department of Corrections or the Department of Juvenile | ||||||
22 | Justice immediately shall notify the Prisoner Review Board | ||||||
23 | of the escape and the Prisoner Review Board shall notify | ||||||
24 | the victim. The notification shall be based upon the most | ||||||
25 | recent information as to the victim's residence or other | ||||||
26 | location available to the Board. When no such information |
| |||||||
| |||||||
1 | is available, the Board shall make all reasonable efforts | ||||||
2 | to obtain the information and make the notification. When | ||||||
3 | the escapee is apprehended, the Department of Corrections | ||||||
4 | or the Department of Juvenile Justice immediately shall | ||||||
5 | notify the Prisoner Review Board and the Board shall | ||||||
6 | notify the victim. | ||||||
7 | (4) The victim of the crime for which the prisoner has | ||||||
8 | been sentenced has the right to register with the Prisoner | ||||||
9 | Review Board's victim registry. Victims registered with | ||||||
10 | the Board shall receive reasonable written notice not less | ||||||
11 | than 30 days prior to the parole hearing or target | ||||||
12 | aftercare release date. The victim has the right to submit | ||||||
13 | a victim statement for consideration by the Prisoner | ||||||
14 | Review Board or the Department of Juvenile Justice in | ||||||
15 | writing, on film, videotape, or other electronic means, or | ||||||
16 | in the form of a recording prior to the parole hearing or | ||||||
17 | target aftercare release date, or in person at the parole | ||||||
18 | hearing or aftercare release protest hearing, or by | ||||||
19 | calling the toll-free number established in subsection (f) | ||||||
20 | of this Section. The victim shall be notified within 7 | ||||||
21 | days after the prisoner has been granted parole or | ||||||
22 | aftercare release and shall be informed of the right to | ||||||
23 | inspect the registry of parole decisions, established | ||||||
24 | under subsection (g) of Section 3-3-5 of the Unified Code | ||||||
25 | of Corrections. The provisions of this paragraph (4) are | ||||||
26 | subject to the Open Parole Hearings Act. Victim statements |
| |||||||
| |||||||
1 | provided to the Board shall be confidential and | ||||||
2 | privileged, including any statements received prior to | ||||||
3 | January 1, 2020 (the effective date of Public Act | ||||||
4 | 101-288), except if the statement was an oral statement | ||||||
5 | made by the victim at a hearing open to the public. | ||||||
6 | (4-1) The crime victim has the right to submit a | ||||||
7 | victim statement for consideration by the Prisoner Review | ||||||
8 | Board or the Department of Juvenile Justice prior to or at | ||||||
9 | a hearing to determine the conditions of mandatory | ||||||
10 | supervised release of a person sentenced to a determinate | ||||||
11 | sentence or at a hearing on revocation of mandatory | ||||||
12 | supervised release of a person sentenced to a determinate | ||||||
13 | sentence. A victim statement may be submitted in writing, | ||||||
14 | on film, videotape, or other electronic means, or in the | ||||||
15 | form of a recording, or orally at a hearing, or by calling | ||||||
16 | the toll-free number established in subsection (f) of this | ||||||
17 | Section. Victim statements provided to the Board shall be | ||||||
18 | confidential and privileged, including any statements | ||||||
19 | received prior to January 1, 2020 (the effective date of | ||||||
20 | Public Act 101-288), except if the statement was an oral | ||||||
21 | statement made by the victim at a hearing open to the | ||||||
22 | public. | ||||||
23 | (4-2) The crime victim has the right to submit a | ||||||
24 | victim statement to the Prisoner Review Board for | ||||||
25 | consideration at an executive clemency hearing as provided | ||||||
26 | in Section 3-3-13 of the Unified Code of Corrections. A |
| |||||||
| |||||||
1 | victim statement may be submitted in writing, on film, | ||||||
2 | videotape, or other electronic means, or in the form of a | ||||||
3 | recording prior to a hearing, or orally at a hearing, or by | ||||||
4 | calling the toll-free number established in subsection (f) | ||||||
5 | of this Section. Victim statements provided to the Board | ||||||
6 | shall be confidential and privileged, including any | ||||||
7 | statements received prior to January 1, 2020 (the | ||||||
8 | effective date of Public Act 101-288), except if the | ||||||
9 | statement was an oral statement made by the victim at a | ||||||
10 | hearing open to the public. | ||||||
11 | (5) If a statement is presented under Section 6, the | ||||||
12 | Prisoner Review Board or Department of Juvenile Justice | ||||||
13 | shall inform the victim of any order of discharge pursuant | ||||||
14 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
15 | Corrections. | ||||||
16 | (6) At the written or oral request of the victim of the | ||||||
17 | crime for which the prisoner was sentenced or the State's | ||||||
18 | Attorney of the county where the person seeking parole or | ||||||
19 | aftercare release was prosecuted, the Prisoner Review | ||||||
20 | Board or Department of Juvenile Justice shall notify the | ||||||
21 | victim and the State's Attorney of the county where the | ||||||
22 | person seeking parole or aftercare release was prosecuted | ||||||
23 | of the death of the prisoner if the prisoner died while on | ||||||
24 | parole or aftercare release or mandatory supervised | ||||||
25 | release. | ||||||
26 | (7) When a defendant who has been committed to the |
| |||||||
| |||||||
1 | Department of Corrections, the Department of Juvenile | ||||||
2 | Justice, or the Department of Human Services is released | ||||||
3 | or discharged and subsequently committed to the Department | ||||||
4 | of Human Services as a sexually violent person and the | ||||||
5 | victim had requested to be notified by the releasing | ||||||
6 | authority of the defendant's discharge, conditional | ||||||
7 | release, death, or escape from State custody, the | ||||||
8 | releasing authority shall provide to the Department of | ||||||
9 | Human Services such information that would allow the | ||||||
10 | Department of Human Services to contact the victim. | ||||||
11 | (8) When a defendant has been convicted of a sex | ||||||
12 | offense as defined in Section 2 of the Sex Offender | ||||||
13 | Registration Act and has been sentenced to the Department | ||||||
14 | of Corrections or the Department of Juvenile Justice, the | ||||||
15 | Prisoner Review Board or the Department of Juvenile | ||||||
16 | Justice shall notify the victim of the sex offense of the | ||||||
17 | prisoner's eligibility for release on parole, aftercare | ||||||
18 | release, mandatory supervised release, electronic | ||||||
19 | detention, work release, international transfer or | ||||||
20 | exchange, or by the custodian of the discharge of any | ||||||
21 | individual who was adjudicated a delinquent for a sex | ||||||
22 | offense from State custody and by the sheriff of the | ||||||
23 | appropriate county of any such person's final discharge | ||||||
24 | from county custody. The notification shall be made to the | ||||||
25 | victim at least 30 days, whenever possible, before release | ||||||
26 | of the sex offender. |
| |||||||
| |||||||
1 | (e) The officials named in this Section may satisfy some | ||||||
2 | or all of their obligations to provide notices and other | ||||||
3 | information through participation in a statewide victim and | ||||||
4 | witness notification system established by the Attorney | ||||||
5 | General under Section 8.5 of this Act. | ||||||
6 | (f) The Prisoner Review Board shall establish a toll-free | ||||||
7 | number that may be accessed by the crime victim to present a | ||||||
8 | victim statement to the Board in accordance with paragraphs | ||||||
9 | (4), (4-1), and (4-2) of subsection (d). | ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | ||||||
11 | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | ||||||
12 | 8-20-21; 102-813, eff. 5-13-22 .)
| ||||||
13 | Section 275. The Pretrial Services Act is amended by | ||||||
14 | changing Sections 7, 11, 19, 20, 22, and 34 as follows:
| ||||||
15 | (725 ILCS 185/7) (from Ch. 38, par. 307) | ||||||
16 | Sec. 7. Pretrial services agencies shall perform the | ||||||
17 | following duties for the circuit court: | ||||||
18 | (a) Interview and assemble verified information and data | ||||||
19 | concerning the community ties, employment, residency, criminal | ||||||
20 | record, and social background of arrested persons who are to | ||||||
21 | be, or have been, presented in court for first appearance on | ||||||
22 | felony charges, to assist the court in determining the | ||||||
23 | appropriate terms and conditions of bail pretrial release ; | ||||||
24 | (b) Submit written reports of those investigations to the |
| |||||||
| |||||||
1 | court along with such findings and recommendations, if any, as | ||||||
2 | may be necessary to assess appropriate conditions which shall | ||||||
3 | be imposed to protect against the risks of nonappearance and | ||||||
4 | commission of new offenses or other interference with the | ||||||
5 | orderly administration of justice before trial; : | ||||||
6 | (1) the need for financial security to assure the | ||||||
7 | defendant's appearance at later proceedings; and | ||||||
8 | (2) appropriate conditions which shall be imposed to | ||||||
9 | protect against the risks of nonappearance and commission of | ||||||
10 | new offenses or other interference with the orderly | ||||||
11 | administration of justice before trial; | ||||||
12 | (c) Supervise compliance with bail pretrial release | ||||||
13 | conditions, and promptly report violations of those conditions | ||||||
14 | to the court and prosecutor to ensure assure effective | ||||||
15 | enforcement; | ||||||
16 | (d) Cooperate with the court and all other criminal | ||||||
17 | justice agencies in the development of programs to minimize | ||||||
18 | unnecessary pretrial detention and protect the public against | ||||||
19 | breaches of bail pretrial release conditions; and | ||||||
20 | (e) Monitor the local operations of the bail pretrial | ||||||
21 | release system and maintain accurate and comprehensive records | ||||||
22 | of program activities. | ||||||
23 | (Source: P.A. 102-1104, eff. 1-1-23.)
| ||||||
24 | (725 ILCS 185/11) (from Ch. 38, par. 311) | ||||||
25 | Sec. 11. No person shall be interviewed by a pretrial |
| |||||||
| |||||||
1 | services agency unless he or she has first been apprised of the | ||||||
2 | identity and purpose of the interviewer, the scope of the | ||||||
3 | interview, the right to secure legal advice, and the right to | ||||||
4 | refuse cooperation. Inquiry of the defendant shall carefully | ||||||
5 | exclude questions concerning the details of the current | ||||||
6 | charge. Statements made by the defendant during the interview, | ||||||
7 | or evidence derived therefrom, are admissible in evidence only | ||||||
8 | when the court is considering the imposition of pretrial or | ||||||
9 | posttrial conditions to bail or recognizance of release, | ||||||
10 | denial of pretrial release , or when considering the | ||||||
11 | modification of a prior release order. | ||||||
12 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)
| ||||||
13 | (725 ILCS 185/19) (from Ch. 38, par. 319) | ||||||
14 | Sec. 19. Written reports under Section 17 shall set forth | ||||||
15 | all factual findings on which any recommendation and | ||||||
16 | conclusions contained therein are based together with the | ||||||
17 | source of each fact, and shall contain information and data | ||||||
18 | relevant to appropriate conditions imposed to protect against | ||||||
19 | the risk of nonappearance and commission of new offenses or | ||||||
20 | other interference with the orderly administration of justice | ||||||
21 | before trial. the following issues: | ||||||
22 | (a) The need for financial security to assure the | ||||||
23 | defendant's appearance for later court proceedings; and | ||||||
24 | (b) Appropriate conditions imposed to protect against the | ||||||
25 | risk of nonappearance and commission of new offenses or other |
| |||||||
| |||||||
1 | interference with the orderly administration of justice before | ||||||
2 | trial. | ||||||
3 | (Source: P.A. 102-1104, eff. 1-1-23.)
| ||||||
4 | (725 ILCS 185/20) (from Ch. 38, par. 320) | ||||||
5 | Sec. 20. In preparing and presenting its written reports | ||||||
6 | under Sections 17 and 19, pretrial services agencies shall in | ||||||
7 | appropriate cases include specific recommendations for the | ||||||
8 | setting , increase, or decrease the conditions of bail pretrial | ||||||
9 | release ; the release of the interviewee on his own | ||||||
10 | recognizance in sums certain; and the imposition of pretrial | ||||||
11 | conditions to bail of pretrial release or recognizance | ||||||
12 | designed to minimize the risks of nonappearance, the | ||||||
13 | commission of new offenses while awaiting trial, and other | ||||||
14 | potential interference with the orderly administration of | ||||||
15 | justice. In establishing objective internal criteria of any | ||||||
16 | such recommendation policies, the agency may utilize so-called | ||||||
17 | "point scales" for evaluating the aforementioned risks, but no | ||||||
18 | interviewee shall be considered as ineligible for particular | ||||||
19 | agency recommendations by sole reference to such procedures. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
21 | (725 ILCS 185/22) (from Ch. 38, par. 322) | ||||||
22 | Sec. 22. If so ordered by the court, the pretrial services | ||||||
23 | agency shall prepare and submit for the court's approval and | ||||||
24 | signature a uniform release order on the uniform form |
| |||||||
| |||||||
1 | established by the Supreme Court in all cases where an | ||||||
2 | interviewee may be released from custody under conditions | ||||||
3 | contained in an agency report. Such conditions shall become | ||||||
4 | part of the conditions of the bail bond pretrial release . A | ||||||
5 | copy of the uniform release order shall be provided to the | ||||||
6 | defendant and defendant's attorney of record, and the | ||||||
7 | prosecutor. | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
9 | (725 ILCS 185/34) | ||||||
10 | Sec. 34. Probation and court services departments | ||||||
11 | considered pretrial services agencies. For the purposes of | ||||||
12 | administering the provisions of Public Act 95-773, known as | ||||||
13 | the Cindy Bischof Law, all probation and court services | ||||||
14 | departments are to be considered pretrial services agencies | ||||||
15 | under this Act and under the bail bond pretrial release | ||||||
16 | provisions of the Code of Criminal Procedure of 1963. | ||||||
17 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
18 | Section 285. The Quasi-criminal and Misdemeanor Bail Act | ||||||
19 | is amended by changing the title of the Act and Sections 0.01, | ||||||
20 | 1, 2, 3, and 5 as follows:
| ||||||
21 | (725 ILCS 195/Act title) | ||||||
22 | An Act to authorize designated officers to let persons | ||||||
23 | charged with quasi-criminal offenses and misdemeanors to |
| |||||||
| |||||||
1 | pretrial release bail and to accept and receipt for fines on | ||||||
2 | pleas of guilty in minor offenses, in accordance with | ||||||
3 | schedules established by rule of court.
| ||||||
4 | (725 ILCS 195/0.01) (from Ch. 16, par. 80) | ||||||
5 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
6 | Quasi-criminal and Misdemeanor Bail Pretrial Release Act. | ||||||
7 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
8 | (725 ILCS 195/1) (from Ch. 16, par. 81) | ||||||
9 | Sec. 1. Whenever in any circuit there shall be in force a | ||||||
10 | rule or order of the Supreme Court establishing a uniform | ||||||
11 | schedule form prescribing the amounts of bail conditions of | ||||||
12 | pretrial release for specified conservation cases, traffic | ||||||
13 | cases, quasi-criminal offenses and misdemeanors, any general | ||||||
14 | superintendent, chief, captain, lieutenant, or sergeant of | ||||||
15 | police, or other police officer, the sheriff, the circuit | ||||||
16 | clerk, and any deputy sheriff or deputy circuit clerk | ||||||
17 | designated by the Circuit Court for the purpose, are | ||||||
18 | authorized to let to bail pretrial release any person charged | ||||||
19 | with a quasi-criminal offense or misdemeanor and to accept and | ||||||
20 | receipt for bonds or cash bail in accordance with regulations | ||||||
21 | established by rule or order of the Supreme Court . Unless | ||||||
22 | otherwise provided by Supreme Court Rule, no such bail may be | ||||||
23 | posted or accepted in any place other than a police station, | ||||||
24 | sheriff's office or jail, or other county, municipal or other |
| |||||||
| |||||||
1 | building housing governmental units, or a division | ||||||
2 | headquarters building of the Illinois State Police. Bonds and | ||||||
3 | cash so received shall be delivered to the office of the | ||||||
4 | circuit clerk or that of his designated deputy as provided by | ||||||
5 | regulation. Such cash and securities so received shall be | ||||||
6 | delivered to the office of such clerk or deputy clerk within at | ||||||
7 | least 48 hours of receipt or within the time set for the | ||||||
8 | accused's appearance in court whichever is earliest. | ||||||
9 | In all cases where a person is admitted to bail under a | ||||||
10 | uniform schedule prescribing the amount of bail for specified | ||||||
11 | conservation cases, traffic cases, quasi-criminal offenses and | ||||||
12 | misdemeanors the provisions of Section 110-15.1 of the Code of | ||||||
13 | Criminal Procedure of 1963 shall be applicable. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
15 | (725 ILCS 195/2) (from Ch. 16, par. 82) | ||||||
16 | Sec. 2. The conditions of the bail bond or deposit of cash | ||||||
17 | bail pretrial release shall be that the accused will appear to | ||||||
18 | answer the charge in court at a time and place specified in the | ||||||
19 | bond pretrial release form and thereafter as ordered by the | ||||||
20 | court until discharged on final order of the court and to | ||||||
21 | submit himself to the orders and process of the court. The | ||||||
22 | accused shall be furnished with an official receipt on a form | ||||||
23 | prescribed by rule of court for any cash or other security | ||||||
24 | deposited, and shall receive a copy of the bond pretrial | ||||||
25 | release form specifying the time and place of his court |
| |||||||
| |||||||
1 | appearance. | ||||||
2 | Upon performance of the conditions of the bond pretrial | ||||||
3 | release , the bond pretrial release form shall be null and void | ||||||
4 | any cash bail or other security shall be returned to the | ||||||
5 | accused and any cash bail or other security shall be returned | ||||||
6 | to the accused the accused shall be released from the | ||||||
7 | conditions of pretrial release . | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
9 | (725 ILCS 195/3) (from Ch. 16, par. 83) | ||||||
10 | Sec. 3. In lieu of making bond or depositing cash bail as | ||||||
11 | provided in this Act or the deposit of other security | ||||||
12 | authorized by law complying with the conditions of pretrial | ||||||
13 | release , any accused person has the right to be brought | ||||||
14 | without unnecessary delay before the nearest or most | ||||||
15 | accessible judge of the circuit to be dealt with according to | ||||||
16 | law. | ||||||
17 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
18 | (725 ILCS 195/5) (from Ch. 16, par. 85) | ||||||
19 | Sec. 5. Any person authorized to accept bail pretrial | ||||||
20 | release or pleas of guilty by this Act who violates any | ||||||
21 | provision of this Act is guilty of a Class B misdemeanor. | ||||||
22 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
23 | Section 290. The Unified Code of Corrections is amended by |
| |||||||
| |||||||
1 | changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and | ||||||
2 | 8-2-1 as follows:
| ||||||
3 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2) | ||||||
4 | Sec. 5-3-2. Presentence report. | ||||||
5 | (a) In felony cases, the presentence report shall set | ||||||
6 | forth: | ||||||
7 | (1) the defendant's history of delinquency or | ||||||
8 | criminality, physical and mental history and condition, | ||||||
9 | family situation and background, economic status, | ||||||
10 | education, occupation and personal habits; | ||||||
11 | (2) information about special resources within the | ||||||
12 | community which might be available to assist the | ||||||
13 | defendant's rehabilitation, including treatment centers, | ||||||
14 | residential facilities, vocational training services, | ||||||
15 | correctional manpower programs, employment opportunities, | ||||||
16 | special educational programs, alcohol and drug abuse | ||||||
17 | programming, psychiatric and marriage counseling, and | ||||||
18 | other programs and facilities which could aid the | ||||||
19 | defendant's successful reintegration into society; | ||||||
20 | (3) the effect the offense committed has had upon the | ||||||
21 | victim or victims thereof, and any compensatory benefit | ||||||
22 | that various sentencing alternatives would confer on such | ||||||
23 | victim or victims; | ||||||
24 | (3.5) information provided by the victim's spouse, | ||||||
25 | guardian, parent, grandparent, and other immediate family |
| |||||||
| |||||||
1 | and household members about the effect the offense | ||||||
2 | committed has had on the victim and on the person | ||||||
3 | providing the information; if the victim's spouse, | ||||||
4 | guardian, parent, grandparent, or other immediate family | ||||||
5 | or household member has provided a written statement, the | ||||||
6 | statement shall be attached to the report; | ||||||
7 | (4) information concerning the defendant's status | ||||||
8 | since arrest, including his record if released on his own | ||||||
9 | recognizance, or the defendant's achievement record if | ||||||
10 | released on a conditional pre-trial supervision program; | ||||||
11 | (5) when appropriate, a plan, based upon the personal, | ||||||
12 | economic and social adjustment needs of the defendant, | ||||||
13 | utilizing public and private community resources as an | ||||||
14 | alternative to institutional sentencing; | ||||||
15 | (6) any other matters that the investigatory officer | ||||||
16 | deems relevant or the court directs to be included; | ||||||
17 | (7) information concerning the defendant's eligibility | ||||||
18 | for a sentence to a county impact incarceration program | ||||||
19 | under Section 5-8-1.2 of this Code; and | ||||||
20 | (8) information concerning the defendant's eligibility | ||||||
21 | for a sentence to an impact incarceration program | ||||||
22 | administered by the Department under Section 5-8-1.1. | ||||||
23 | (b) The investigation shall include a physical and mental | ||||||
24 | examination of the defendant when so ordered by the court. If | ||||||
25 | the court determines that such an examination should be made, | ||||||
26 | it shall issue an order that the defendant submit to |
| |||||||
| |||||||
1 | examination at such time and place as designated by the court | ||||||
2 | and that such examination be conducted by a physician, | ||||||
3 | psychologist or psychiatrist designated by the court. Such an | ||||||
4 | examination may be conducted in a court clinic if so ordered by | ||||||
5 | the court. The cost of such examination shall be paid by the | ||||||
6 | county in which the trial is held. | ||||||
7 | (b-5) In cases involving felony sex offenses in which the | ||||||
8 | offender is being considered for probation only or any felony | ||||||
9 | offense that is sexually motivated as defined in the Sex | ||||||
10 | Offender Management Board Act in which the offender is being | ||||||
11 | considered for probation only, the investigation shall include | ||||||
12 | a sex offender evaluation by an evaluator approved by the | ||||||
13 | Board and conducted in conformance with the standards | ||||||
14 | developed under the Sex Offender Management Board Act. In | ||||||
15 | cases in which the offender is being considered for any | ||||||
16 | mandatory prison sentence, the investigation shall not include | ||||||
17 | a sex offender evaluation. | ||||||
18 | (c) In misdemeanor, business offense or petty offense | ||||||
19 | cases, except as specified in subsection (d) of this Section, | ||||||
20 | when a presentence report has been ordered by the court, such | ||||||
21 | presentence report shall contain information on the | ||||||
22 | defendant's history of delinquency or criminality and shall | ||||||
23 | further contain only those matters listed in any of paragraphs | ||||||
24 | (1) through (6) of subsection (a) or in subsection (b) of this | ||||||
25 | Section as are specified by the court in its order for the | ||||||
26 | report. |
| |||||||
| |||||||
1 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
2 | 12-30 of the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012, the presentence report shall set forth information about | ||||||
4 | alcohol, drug abuse, psychiatric, and marriage counseling or | ||||||
5 | other treatment programs and facilities, information on the | ||||||
6 | defendant's history of delinquency or criminality, and shall | ||||||
7 | contain those additional matters listed in any of paragraphs | ||||||
8 | (1) through (6) of subsection (a) or in subsection (b) of this | ||||||
9 | Section as are specified by the court. | ||||||
10 | (e) Nothing in this Section shall cause the defendant to | ||||||
11 | be held without pretrial release bail or to have his pretrial | ||||||
12 | release bail revoked for the purpose of preparing the | ||||||
13 | presentence report or making an examination. | ||||||
14 | (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
15 | 102-558, eff. 8-20-21 .)
| ||||||
16 | (730 ILCS 5/5-5-3.2) | ||||||
17 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
18 | sentencing. | ||||||
19 | (a) The following factors shall be accorded weight in | ||||||
20 | favor of imposing a term of imprisonment or may be considered | ||||||
21 | by the court as reasons to impose a more severe sentence under | ||||||
22 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
23 | (1) the defendant's conduct caused or threatened | ||||||
24 | serious harm; | ||||||
25 | (2) the defendant received compensation for committing |
| |||||||
| |||||||
1 | the offense; | ||||||
2 | (3) the defendant has a history of prior delinquency | ||||||
3 | or criminal activity; | ||||||
4 | (4) the defendant, by the duties of his office or by | ||||||
5 | his position, was obliged to prevent the particular | ||||||
6 | offense committed or to bring the offenders committing it | ||||||
7 | to justice; | ||||||
8 | (5) the defendant held public office at the time of | ||||||
9 | the offense, and the offense related to the conduct of | ||||||
10 | that office; | ||||||
11 | (6) the defendant utilized his professional reputation | ||||||
12 | or position in the community to commit the offense, or to | ||||||
13 | afford him an easier means of committing it; | ||||||
14 | (7) the sentence is necessary to deter others from | ||||||
15 | committing the same crime; | ||||||
16 | (8) the defendant committed the offense against a | ||||||
17 | person 60 years of age or older or such person's property; | ||||||
18 | (9) the defendant committed the offense against a | ||||||
19 | person who has a physical disability or such person's | ||||||
20 | property; | ||||||
21 | (10) by reason of another individual's actual or | ||||||
22 | perceived race, color, creed, religion, ancestry, gender, | ||||||
23 | sexual orientation, physical or mental disability, or | ||||||
24 | national origin, the defendant committed the offense | ||||||
25 | against (i) the person or property of that individual; | ||||||
26 | (ii) the person or property of a person who has an |
| |||||||
| |||||||
1 | association with, is married to, or has a friendship with | ||||||
2 | the other individual; or (iii) the person or property of a | ||||||
3 | relative (by blood or marriage) of a person described in | ||||||
4 | clause (i) or (ii). For the purposes of this Section, | ||||||
5 | "sexual orientation" has the meaning ascribed to it in | ||||||
6 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
7 | Rights Act; | ||||||
8 | (11) the offense took place in a place of worship or on | ||||||
9 | the grounds of a place of worship, immediately prior to, | ||||||
10 | during or immediately following worship services. For | ||||||
11 | purposes of this subparagraph, "place of worship" shall | ||||||
12 | mean any church, synagogue or other building, structure or | ||||||
13 | place used primarily for religious worship; | ||||||
14 | (12) the defendant was convicted of a felony committed | ||||||
15 | while he was released on bail on pretrial release or his | ||||||
16 | own recognizance pending trial for a prior felony and was | ||||||
17 | convicted of such prior felony, or the defendant was | ||||||
18 | convicted of a felony committed while he was serving a | ||||||
19 | period of probation, conditional discharge, or mandatory | ||||||
20 | supervised release under subsection (d) of Section 5-8-1 | ||||||
21 | for a prior felony; | ||||||
22 | (13) the defendant committed or attempted to commit a | ||||||
23 | felony while he was wearing a bulletproof vest. For the | ||||||
24 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
25 | device which is designed for the purpose of protecting the | ||||||
26 | wearer from bullets, shot or other lethal projectiles; |
| |||||||
| |||||||
1 | (14) the defendant held a position of trust or | ||||||
2 | supervision such as, but not limited to, family member as | ||||||
3 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
4 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
5 | relation to a victim under 18 years of age, and the | ||||||
6 | defendant committed an offense in violation of Section | ||||||
7 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
8 | 11-14.4 except for an offense that involves keeping a | ||||||
9 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
10 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
11 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
12 | of 2012 against that victim; | ||||||
13 | (15) the defendant committed an offense related to the | ||||||
14 | activities of an organized gang. For the purposes of this | ||||||
15 | factor, "organized gang" has the meaning ascribed to it in | ||||||
16 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
17 | Act; | ||||||
18 | (16) the defendant committed an offense in violation | ||||||
19 | of one of the following Sections while in a school, | ||||||
20 | regardless of the time of day or time of year; on any | ||||||
21 | conveyance owned, leased, or contracted by a school to | ||||||
22 | transport students to or from school or a school related | ||||||
23 | activity; on the real property of a school; or on a public | ||||||
24 | way within 1,000 feet of the real property comprising any | ||||||
25 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
26 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, |
| |||||||
| |||||||
1 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
2 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
3 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
4 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
5 | 1961 or the Criminal Code of 2012; | ||||||
6 | (16.5) the defendant committed an offense in violation | ||||||
7 | of one of the following Sections while in a day care | ||||||
8 | center, regardless of the time of day or time of year; on | ||||||
9 | the real property of a day care center, regardless of the | ||||||
10 | time of day or time of year; or on a public way within | ||||||
11 | 1,000 feet of the real property comprising any day care | ||||||
12 | center, regardless of the time of day or time of year: | ||||||
13 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
14 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
15 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
16 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
17 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
18 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012; | ||||||
20 | (17) the defendant committed the offense by reason of | ||||||
21 | any person's activity as a community policing volunteer or | ||||||
22 | to prevent any person from engaging in activity as a | ||||||
23 | community policing volunteer. For the purpose of this | ||||||
24 | Section, "community policing volunteer" has the meaning | ||||||
25 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
26 | 2012; |
| |||||||
| |||||||
1 | (18) the defendant committed the offense in a nursing | ||||||
2 | home or on the real property comprising a nursing home. | ||||||
3 | For the purposes of this paragraph (18), "nursing home" | ||||||
4 | means a skilled nursing or intermediate long term care | ||||||
5 | facility that is subject to license by the Illinois | ||||||
6 | Department of Public Health under the Nursing Home Care | ||||||
7 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
8 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
9 | (19) the defendant was a federally licensed firearm | ||||||
10 | dealer and was previously convicted of a violation of | ||||||
11 | subsection (a) of Section 3 of the Firearm Owners | ||||||
12 | Identification Card Act and has now committed either a | ||||||
13 | felony violation of the Firearm Owners Identification Card | ||||||
14 | Act or an act of armed violence while armed with a firearm; | ||||||
15 | (20) the defendant (i) committed the offense of | ||||||
16 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
18 | driving under the influence of alcohol, other drug or | ||||||
19 | drugs, intoxicating compound or compounds or any | ||||||
20 | combination thereof under Section 11-501 of the Illinois | ||||||
21 | Vehicle Code or a similar provision of a local ordinance | ||||||
22 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
23 | miles per hour over the posted speed limit as provided in | ||||||
24 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
25 | (21) the defendant (i) committed the offense of | ||||||
26 | reckless driving or aggravated reckless driving under |
| |||||||
| |||||||
1 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
2 | operating a motor vehicle in excess of 20 miles per hour | ||||||
3 | over the posted speed limit as provided in Article VI of | ||||||
4 | Chapter 11 of the Illinois Vehicle Code; | ||||||
5 | (22) the defendant committed the offense against a | ||||||
6 | person that the defendant knew, or reasonably should have | ||||||
7 | known, was a member of the Armed Forces of the United | ||||||
8 | States serving on active duty. For purposes of this clause | ||||||
9 | (22), the term "Armed Forces" means any of the Armed | ||||||
10 | Forces of the United States, including a member of any | ||||||
11 | reserve component thereof or National Guard unit called to | ||||||
12 | active duty; | ||||||
13 | (23) the defendant committed the offense against a | ||||||
14 | person who was elderly or infirm or who was a person with a | ||||||
15 | disability by taking advantage of a family or fiduciary | ||||||
16 | relationship with the elderly or infirm person or person | ||||||
17 | with a disability; | ||||||
18 | (24) the defendant committed any offense under Section | ||||||
19 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 and possessed 100 or more images; | ||||||
21 | (25) the defendant committed the offense while the | ||||||
22 | defendant or the victim was in a train, bus, or other | ||||||
23 | vehicle used for public transportation; | ||||||
24 | (26) the defendant committed the offense of child | ||||||
25 | pornography or aggravated child pornography, specifically | ||||||
26 | including paragraph (1), (2), (3), (4), (5), or (7) of |
| |||||||
| |||||||
1 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
3 | solicited for, depicted in, or posed in any act of sexual | ||||||
4 | penetration or bound, fettered, or subject to sadistic, | ||||||
5 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
6 | and specifically including paragraph (1), (2), (3), (4), | ||||||
7 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
8 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
9 | engaged in, solicited for, depicted in, or posed in any | ||||||
10 | act of sexual penetration or bound, fettered, or subject | ||||||
11 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
12 | sexual context; | ||||||
13 | (27) the defendant committed the offense of first | ||||||
14 | degree murder, assault, aggravated assault, battery, | ||||||
15 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
16 | robbery against a person who was a veteran and the | ||||||
17 | defendant knew, or reasonably should have known, that the | ||||||
18 | person was a veteran performing duties as a representative | ||||||
19 | of a veterans' organization. For the purposes of this | ||||||
20 | paragraph (27), "veteran" means an Illinois resident who | ||||||
21 | has served as a member of the United States Armed Forces, a | ||||||
22 | member of the Illinois National Guard, or a member of the | ||||||
23 | United States Reserve Forces; and "veterans' organization" | ||||||
24 | means an organization comprised of members of which | ||||||
25 | substantially all are individuals who are veterans or | ||||||
26 | spouses, widows, or widowers of veterans, the primary |
| |||||||
| |||||||
1 | purpose of which is to promote the welfare of its members | ||||||
2 | and to provide assistance to the general public in such a | ||||||
3 | way as to confer a public benefit; | ||||||
4 | (28) the defendant committed the offense of assault, | ||||||
5 | aggravated assault, battery, aggravated battery, robbery, | ||||||
6 | armed robbery, or aggravated robbery against a person that | ||||||
7 | the defendant knew or reasonably should have known was a | ||||||
8 | letter carrier or postal worker while that person was | ||||||
9 | performing his or her duties delivering mail for the | ||||||
10 | United States Postal Service; | ||||||
11 | (29) the defendant committed the offense of criminal | ||||||
12 | sexual assault, aggravated criminal sexual assault, | ||||||
13 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
14 | against a victim with an intellectual disability, and the | ||||||
15 | defendant holds a position of trust, authority, or | ||||||
16 | supervision in relation to the victim; | ||||||
17 | (30) the defendant committed the offense of promoting | ||||||
18 | juvenile prostitution, patronizing a prostitute, or | ||||||
19 | patronizing a minor engaged in prostitution and at the | ||||||
20 | time of the commission of the offense knew that the | ||||||
21 | prostitute or minor engaged in prostitution was in the | ||||||
22 | custody or guardianship of the Department of Children and | ||||||
23 | Family Services; | ||||||
24 | (31) the defendant (i) committed the offense of | ||||||
25 | driving while under the influence of alcohol, other drug | ||||||
26 | or drugs, intoxicating compound or compounds or any |
| |||||||
| |||||||
1 | combination thereof in violation of Section 11-501 of the | ||||||
2 | Illinois Vehicle Code or a similar provision of a local | ||||||
3 | ordinance and (ii) the defendant during the commission of | ||||||
4 | the offense was driving his or her vehicle upon a roadway | ||||||
5 | designated for one-way traffic in the opposite direction | ||||||
6 | of the direction indicated by official traffic control | ||||||
7 | devices; | ||||||
8 | (32) the defendant committed the offense of reckless | ||||||
9 | homicide while committing a violation of Section 11-907 of | ||||||
10 | the Illinois Vehicle Code; | ||||||
11 | (33) the defendant was found guilty of an | ||||||
12 | administrative infraction related to an act or acts of | ||||||
13 | public indecency or sexual misconduct in the penal | ||||||
14 | institution. In this paragraph (33), "penal institution" | ||||||
15 | has the same meaning as in Section 2-14 of the Criminal | ||||||
16 | Code of 2012; or | ||||||
17 | (34) the defendant committed the offense of leaving | ||||||
18 | the scene of a crash in violation of subsection (b) of | ||||||
19 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
20 | resulted in the death of a person and at the time of the | ||||||
21 | offense, the defendant was: (i) driving under the | ||||||
22 | influence of alcohol, other drug or drugs, intoxicating | ||||||
23 | compound or compounds or any combination thereof as | ||||||
24 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
25 | (ii) operating the motor vehicle while using an electronic | ||||||
26 | communication device as defined in Section 12-610.2 of the |
| |||||||
| |||||||
1 | Illinois Vehicle Code. | ||||||
2 | For the purposes of this Section: | ||||||
3 | "School" is defined as a public or private elementary or | ||||||
4 | secondary school, community college, college, or university. | ||||||
5 | "Day care center" means a public or private State | ||||||
6 | certified and licensed day care center as defined in Section | ||||||
7 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
8 | plain view stating that the property is a day care center. | ||||||
9 | "Intellectual disability" means significantly subaverage | ||||||
10 | intellectual functioning which exists concurrently with | ||||||
11 | impairment in adaptive behavior. | ||||||
12 | "Public transportation" means the transportation or | ||||||
13 | conveyance of persons by means available to the general | ||||||
14 | public, and includes paratransit services. | ||||||
15 | "Traffic control devices" means all signs, signals, | ||||||
16 | markings, and devices that conform to the Illinois Manual on | ||||||
17 | Uniform Traffic Control Devices, placed or erected by | ||||||
18 | authority of a public body or official having jurisdiction, | ||||||
19 | for the purpose of regulating, warning, or guiding traffic. | ||||||
20 | (b) The following factors, related to all felonies, may be | ||||||
21 | considered by the court as reasons to impose an extended term | ||||||
22 | sentence under Section 5-8-2 upon any offender: | ||||||
23 | (1) When a defendant is convicted of any felony, after | ||||||
24 | having been previously convicted in Illinois or any other | ||||||
25 | jurisdiction of the same or similar class felony or | ||||||
26 | greater class felony, when such conviction has occurred |
| |||||||
| |||||||
1 | within 10 years after the previous conviction, excluding | ||||||
2 | time spent in custody, and such charges are separately | ||||||
3 | brought and tried and arise out of different series of | ||||||
4 | acts; or | ||||||
5 | (2) When a defendant is convicted of any felony and | ||||||
6 | the court finds that the offense was accompanied by | ||||||
7 | exceptionally brutal or heinous behavior indicative of | ||||||
8 | wanton cruelty; or | ||||||
9 | (3) When a defendant is convicted of any felony | ||||||
10 | committed against: | ||||||
11 | (i) a person under 12 years of age at the time of | ||||||
12 | the offense or such person's property; | ||||||
13 | (ii) a person 60 years of age or older at the time | ||||||
14 | of the offense or such person's property; or | ||||||
15 | (iii) a person who had a physical disability at | ||||||
16 | the time of the offense or such person's property; or | ||||||
17 | (4) When a defendant is convicted of any felony and | ||||||
18 | the offense involved any of the following types of | ||||||
19 | specific misconduct committed as part of a ceremony, rite, | ||||||
20 | initiation, observance, performance, practice or activity | ||||||
21 | of any actual or ostensible religious, fraternal, or | ||||||
22 | social group: | ||||||
23 | (i) the brutalizing or torturing of humans or | ||||||
24 | animals; | ||||||
25 | (ii) the theft of human corpses; | ||||||
26 | (iii) the kidnapping of humans; |
| |||||||
| |||||||
1 | (iv) the desecration of any cemetery, religious, | ||||||
2 | fraternal, business, governmental, educational, or | ||||||
3 | other building or property; or | ||||||
4 | (v) ritualized abuse of a child; or | ||||||
5 | (5) When a defendant is convicted of a felony other | ||||||
6 | than conspiracy and the court finds that the felony was | ||||||
7 | committed under an agreement with 2 or more other persons | ||||||
8 | to commit that offense and the defendant, with respect to | ||||||
9 | the other individuals, occupied a position of organizer, | ||||||
10 | supervisor, financier, or any other position of management | ||||||
11 | or leadership, and the court further finds that the felony | ||||||
12 | committed was related to or in furtherance of the criminal | ||||||
13 | activities of an organized gang or was motivated by the | ||||||
14 | defendant's leadership in an organized gang; or | ||||||
15 | (6) When a defendant is convicted of an offense | ||||||
16 | committed while using a firearm with a laser sight | ||||||
17 | attached to it. For purposes of this paragraph, "laser | ||||||
18 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
19 | the Criminal Code of 2012; or | ||||||
20 | (7) When a defendant who was at least 17 years of age | ||||||
21 | at the time of the commission of the offense is convicted | ||||||
22 | of a felony and has been previously adjudicated a | ||||||
23 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
24 | an act that if committed by an adult would be a Class X or | ||||||
25 | Class 1 felony when the conviction has occurred within 10 | ||||||
26 | years after the previous adjudication, excluding time |
| |||||||
| |||||||
1 | spent in custody; or | ||||||
2 | (8) When a defendant commits any felony and the | ||||||
3 | defendant used, possessed, exercised control over, or | ||||||
4 | otherwise directed an animal to assault a law enforcement | ||||||
5 | officer engaged in the execution of his or her official | ||||||
6 | duties or in furtherance of the criminal activities of an | ||||||
7 | organized gang in which the defendant is engaged; or | ||||||
8 | (9) When a defendant commits any felony and the | ||||||
9 | defendant knowingly video or audio records the offense | ||||||
10 | with the intent to disseminate the recording. | ||||||
11 | (c) The following factors may be considered by the court | ||||||
12 | as reasons to impose an extended term sentence under Section | ||||||
13 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
14 | offenses: | ||||||
15 | (1) When a defendant is convicted of first degree | ||||||
16 | murder, after having been previously convicted in Illinois | ||||||
17 | of any offense listed under paragraph (c)(2) of Section | ||||||
18 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
19 | occurred within 10 years after the previous conviction, | ||||||
20 | excluding time spent in custody, and the charges are | ||||||
21 | separately brought and tried and arise out of different | ||||||
22 | series of acts. | ||||||
23 | (1.5) When a defendant is convicted of first degree | ||||||
24 | murder, after having been previously convicted of domestic | ||||||
25 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
26 | (720 ILCS 5/12-3.3) committed on the same victim or after |
| |||||||
| |||||||
1 | having been previously convicted of violation of an order | ||||||
2 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
3 | was the protected person. | ||||||
4 | (2) When a defendant is convicted of voluntary | ||||||
5 | manslaughter, second degree murder, involuntary | ||||||
6 | manslaughter, or reckless homicide in which the defendant | ||||||
7 | has been convicted of causing the death of more than one | ||||||
8 | individual. | ||||||
9 | (3) When a defendant is convicted of aggravated | ||||||
10 | criminal sexual assault or criminal sexual assault, when | ||||||
11 | there is a finding that aggravated criminal sexual assault | ||||||
12 | or criminal sexual assault was also committed on the same | ||||||
13 | victim by one or more other individuals, and the defendant | ||||||
14 | voluntarily participated in the crime with the knowledge | ||||||
15 | of the participation of the others in the crime, and the | ||||||
16 | commission of the crime was part of a single course of | ||||||
17 | conduct during which there was no substantial change in | ||||||
18 | the nature of the criminal objective. | ||||||
19 | (4) If the victim was under 18 years of age at the time | ||||||
20 | of the commission of the offense, when a defendant is | ||||||
21 | convicted of aggravated criminal sexual assault or | ||||||
22 | predatory criminal sexual assault of a child under | ||||||
23 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
24 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
26 | (5) When a defendant is convicted of a felony |
| |||||||
| |||||||
1 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
3 | finding that the defendant is a member of an organized | ||||||
4 | gang. | ||||||
5 | (6) When a defendant was convicted of unlawful use of | ||||||
6 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
8 | a weapon that is not readily distinguishable as one of the | ||||||
9 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
11 | (7) When a defendant is convicted of an offense | ||||||
12 | involving the illegal manufacture of a controlled | ||||||
13 | substance under Section 401 of the Illinois Controlled | ||||||
14 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
15 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
16 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
17 | the illegal possession of explosives and an emergency | ||||||
18 | response officer in the performance of his or her duties | ||||||
19 | is killed or injured at the scene of the offense while | ||||||
20 | responding to the emergency caused by the commission of | ||||||
21 | the offense. In this paragraph, "emergency" means a | ||||||
22 | situation in which a person's life, health, or safety is | ||||||
23 | in jeopardy; and "emergency response officer" means a | ||||||
24 | peace officer, community policing volunteer, fireman, | ||||||
25 | emergency medical technician-ambulance, emergency medical | ||||||
26 | technician-intermediate, emergency medical |
| |||||||
| |||||||
1 | technician-paramedic, ambulance driver, other medical | ||||||
2 | assistance or first aid personnel, or hospital emergency | ||||||
3 | room personnel. | ||||||
4 | (8) When the defendant is convicted of attempted mob | ||||||
5 | action, solicitation to commit mob action, or conspiracy | ||||||
6 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
7 | Criminal Code of 2012, where the criminal object is a | ||||||
8 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
9 | and an electronic communication is used in the commission | ||||||
10 | of the offense. For the purposes of this paragraph (8), | ||||||
11 | "electronic communication" shall have the meaning provided | ||||||
12 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
13 | (d) For the purposes of this Section, "organized gang" has | ||||||
14 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
15 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
16 | (e) The court may impose an extended term sentence under | ||||||
17 | Article 4.5 of Chapter V upon an offender who has been | ||||||
18 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
19 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
20 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
21 | when the victim of the offense is under 18 years of age at the | ||||||
22 | time of the commission of the offense and, during the | ||||||
23 | commission of the offense, the victim was under the influence | ||||||
24 | of alcohol, regardless of whether or not the alcohol was | ||||||
25 | supplied by the offender; and the offender, at the time of the | ||||||
26 | commission of the offense, knew or should have known that the |
| |||||||
| |||||||
1 | victim had consumed alcohol. | ||||||
2 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
3 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
4 | 8-20-21; 102-982, eff. 7-1-23 .)
| ||||||
5 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4) | ||||||
6 | Sec. 5-6-4. Violation, modification or revocation of | ||||||
7 | probation, of conditional discharge or supervision or of a | ||||||
8 | sentence of county impact incarceration - hearing. | ||||||
9 | (a) Except in cases where conditional discharge or | ||||||
10 | supervision was imposed for a petty offense as defined in | ||||||
11 | Section 5-1-17, when a petition is filed charging a violation | ||||||
12 | of a condition, the court may: | ||||||
13 | (1) in the case of probation violations, order the | ||||||
14 | issuance of a notice to the offender to be present by the | ||||||
15 | County Probation Department or such other agency | ||||||
16 | designated by the court to handle probation matters; and | ||||||
17 | in the case of conditional discharge or supervision | ||||||
18 | violations, such notice to the offender shall be issued by | ||||||
19 | the Circuit Court Clerk; and in the case of a violation of | ||||||
20 | a sentence of county impact incarceration, such notice | ||||||
21 | shall be issued by the Sheriff; | ||||||
22 | (2) order a summons to the offender to be present for | ||||||
23 | hearing; or | ||||||
24 | (3) order a warrant for the offender's arrest where | ||||||
25 | there is danger of his fleeing the jurisdiction or causing |
| |||||||
| |||||||
1 | serious harm to others or when the offender fails to | ||||||
2 | answer a summons or notice from the clerk of the court or | ||||||
3 | Sheriff. | ||||||
4 | Personal service of the petition for violation of | ||||||
5 | probation or the issuance of such warrant, summons or notice | ||||||
6 | shall toll the period of probation, conditional discharge, | ||||||
7 | supervision, or sentence of county impact incarceration until | ||||||
8 | the final determination of the charge, and the term of | ||||||
9 | probation, conditional discharge, supervision, or sentence of | ||||||
10 | county impact incarceration shall not run until the hearing | ||||||
11 | and disposition of the petition for violation. | ||||||
12 | (b) The court shall conduct a hearing of the alleged | ||||||
13 | violation. The court shall admit the offender to bail pretrial | ||||||
14 | release pending the hearing unless the alleged violation is | ||||||
15 | itself a criminal offense in which case the offender shall be | ||||||
16 | admitted to bail pretrial release on such terms as are | ||||||
17 | provided in the Code of Criminal Procedure of 1963, as | ||||||
18 | amended. In any case where an offender remains incarcerated | ||||||
19 | only as a result of his alleged violation of the court's | ||||||
20 | earlier order of probation, supervision, conditional | ||||||
21 | discharge, or county impact incarceration such hearing shall | ||||||
22 | be held within 14 days of the onset of said incarceration, | ||||||
23 | unless the alleged violation is the commission of another | ||||||
24 | offense by the offender during the period of probation, | ||||||
25 | supervision or conditional discharge in which case such | ||||||
26 | hearing shall be held within the time limits described in |
| |||||||
| |||||||
1 | Section 103-5 of the Code of Criminal Procedure of 1963, as | ||||||
2 | amended. | ||||||
3 | (c) The State has the burden of going forward with the | ||||||
4 | evidence and proving the violation by the preponderance of the | ||||||
5 | evidence. The evidence shall be presented in open court with | ||||||
6 | the right of confrontation, cross-examination, and | ||||||
7 | representation by counsel. | ||||||
8 | (d) Probation, conditional discharge, periodic | ||||||
9 | imprisonment and supervision shall not be revoked for failure | ||||||
10 | to comply with conditions of a sentence or supervision, which | ||||||
11 | imposes financial obligations upon the offender unless such | ||||||
12 | failure is due to his willful refusal to pay. | ||||||
13 | (e) If the court finds that the offender has violated a | ||||||
14 | condition at any time prior to the expiration or termination | ||||||
15 | of the period, it may continue him on the existing sentence, | ||||||
16 | with or without modifying or enlarging the conditions, or may | ||||||
17 | impose any other sentence that was available under Article 4.5 | ||||||
18 | of Chapter V of this Code or Section 11-501 of the Illinois | ||||||
19 | Vehicle Code at the time of initial sentencing. If the court | ||||||
20 | finds that the person has failed to successfully complete his | ||||||
21 | or her sentence to a county impact incarceration program, the | ||||||
22 | court may impose any other sentence that was available under | ||||||
23 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
24 | Illinois Vehicle Code at the time of initial sentencing, | ||||||
25 | except for a sentence of probation or conditional discharge. | ||||||
26 | If the court finds that the offender has violated paragraph |
| |||||||
| |||||||
1 | (8.6) of subsection (a) of Section 5-6-3, the court shall | ||||||
2 | revoke the probation of the offender. If the court finds that | ||||||
3 | the offender has violated subsection (o) of Section 5-6-3.1, | ||||||
4 | the court shall revoke the supervision of the offender. | ||||||
5 | (f) The conditions of probation, of conditional discharge, | ||||||
6 | of supervision, or of a sentence of county impact | ||||||
7 | incarceration may be modified by the court on motion of the | ||||||
8 | supervising agency or on its own motion or at the request of | ||||||
9 | the offender after notice and a hearing. | ||||||
10 | (g) A judgment revoking supervision, probation, | ||||||
11 | conditional discharge, or a sentence of county impact | ||||||
12 | incarceration is a final appealable order. | ||||||
13 | (h) Resentencing after revocation of probation, | ||||||
14 | conditional discharge, supervision, or a sentence of county | ||||||
15 | impact incarceration shall be under Article 4. The term on | ||||||
16 | probation, conditional discharge or supervision shall not be | ||||||
17 | credited by the court against a sentence of imprisonment or | ||||||
18 | periodic imprisonment unless the court orders otherwise. The | ||||||
19 | amount of credit to be applied against a sentence of | ||||||
20 | imprisonment or periodic imprisonment when the defendant | ||||||
21 | served a term or partial term of periodic imprisonment shall | ||||||
22 | be calculated upon the basis of the actual days spent in | ||||||
23 | confinement rather than the duration of the term. | ||||||
24 | (i) Instead of filing a violation of probation, | ||||||
25 | conditional discharge, supervision, or a sentence of county | ||||||
26 | impact incarceration, an agent or employee of the supervising |
| |||||||
| |||||||
1 | agency with the concurrence of his or her supervisor may serve | ||||||
2 | on the defendant a Notice of Intermediate Sanctions. The | ||||||
3 | Notice shall contain the technical violation or violations | ||||||
4 | involved, the date or dates of the violation or violations, | ||||||
5 | and the intermediate sanctions to be imposed. Upon receipt of | ||||||
6 | the Notice, the defendant shall immediately accept or reject | ||||||
7 | the intermediate sanctions. If the sanctions are accepted, | ||||||
8 | they shall be imposed immediately. If the intermediate | ||||||
9 | sanctions are rejected or the defendant does not respond to | ||||||
10 | the Notice, a violation of probation, conditional discharge, | ||||||
11 | supervision, or a sentence of county impact incarceration | ||||||
12 | shall be immediately filed with the court. The State's | ||||||
13 | Attorney and the sentencing court shall be notified of the | ||||||
14 | Notice of Sanctions. Upon successful completion of the | ||||||
15 | intermediate sanctions, a court may not revoke probation, | ||||||
16 | conditional discharge, supervision, or a sentence of county | ||||||
17 | impact incarceration or impose additional sanctions for the | ||||||
18 | same violation. A notice of intermediate sanctions may not be | ||||||
19 | issued for any violation of probation, conditional discharge, | ||||||
20 | supervision, or a sentence of county impact incarceration | ||||||
21 | which could warrant an additional, separate felony charge. The | ||||||
22 | intermediate sanctions shall include a term of home detention | ||||||
23 | as provided in Article 8A of Chapter V of this Code for | ||||||
24 | multiple or repeat violations of the terms and conditions of a | ||||||
25 | sentence of probation, conditional discharge, or supervision. | ||||||
26 | (j) When an offender is re-sentenced after revocation of |
| |||||||
| |||||||
1 | probation that was imposed in combination with a sentence of | ||||||
2 | imprisonment for the same offense, the aggregate of the | ||||||
3 | sentences may not exceed the maximum term authorized under | ||||||
4 | Article 4.5 of Chapter V. | ||||||
5 | (k)(1) On and after the effective date of this amendatory | ||||||
6 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
7 | apply to arrest warrants in Cook County only. An arrest | ||||||
8 | warrant issued under paragraph (3) of subsection (a) when the | ||||||
9 | underlying conviction is for the offense of theft, retail | ||||||
10 | theft, or possession of a controlled substance shall remain | ||||||
11 | active for a period not to exceed 10 years from the date the | ||||||
12 | warrant was issued unless a motion to extend the warrant is | ||||||
13 | filed by the office of the State's Attorney or by, or on behalf | ||||||
14 | of, the agency supervising the wanted person. A motion to | ||||||
15 | extend the warrant shall be filed within one year before the | ||||||
16 | warrant expiration date and notice shall be provided to the | ||||||
17 | office of the sheriff. | ||||||
18 | (2) If a motion to extend a warrant issued under paragraph | ||||||
19 | (3) of subsection (a) is not filed, the warrant shall be | ||||||
20 | quashed and recalled as a matter of law under paragraph (1) of | ||||||
21 | this subsection (k) and the wanted person's period of | ||||||
22 | probation, conditional discharge, or supervision shall | ||||||
23 | terminate unsatisfactorily as a matter of law. | ||||||
24 | (Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23 .)
| ||||||
25 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) |
| |||||||
| |||||||
1 | Sec. 5-6-4.1. Violation, modification or revocation of | ||||||
2 | conditional discharge or supervision - hearing.) | ||||||
3 | (a) In cases where a defendant was placed upon supervision | ||||||
4 | or conditional discharge for the commission of a petty | ||||||
5 | offense, upon the oral or written motion of the State, or on | ||||||
6 | the court's own motion, which charges that a violation of a | ||||||
7 | condition of that conditional discharge or supervision has | ||||||
8 | occurred, the court may: | ||||||
9 | (1) conduct a hearing instanter if the offender is | ||||||
10 | present in court; | ||||||
11 | (2) order the issuance by the court clerk of a notice | ||||||
12 | to the offender to be present for a hearing for violation; | ||||||
13 | (3) order summons to the offender to be present; or | ||||||
14 | (4) order a warrant for the offender's arrest. | ||||||
15 | The oral motion, if the defendant is present, or the | ||||||
16 | issuance of such warrant, summons or notice shall toll the | ||||||
17 | period of conditional discharge or supervision until the final | ||||||
18 | determination of the charge, and the term of conditional | ||||||
19 | discharge or supervision shall not run until the hearing and | ||||||
20 | disposition of the petition for violation. | ||||||
21 | (b) The Court shall admit the offender to bail pretrial | ||||||
22 | release pending the hearing. | ||||||
23 | (c) The State has the burden of going forward with the | ||||||
24 | evidence and proving the violation by the preponderance of the | ||||||
25 | evidence. The evidence shall be presented in open court with | ||||||
26 | the right of confrontation, cross-examination, and |
| |||||||
| |||||||
1 | representation by counsel. | ||||||
2 | (d) Conditional discharge or supervision shall not be | ||||||
3 | revoked for failure to comply with the conditions of the | ||||||
4 | discharge or supervision which imposed financial obligations | ||||||
5 | upon the offender unless such failure is due to his wilful | ||||||
6 | refusal to pay. | ||||||
7 | (e) If the court finds that the offender has violated a | ||||||
8 | condition at any time prior to the expiration or termination | ||||||
9 | of the period, it may continue him on the existing sentence or | ||||||
10 | supervision with or without modifying or enlarging the | ||||||
11 | conditions, or may impose any other sentence that was | ||||||
12 | available under Article 4.5 of Chapter V of this Code or | ||||||
13 | Section 11-501 of the Illinois Vehicle Code at the time of | ||||||
14 | initial sentencing. | ||||||
15 | (f) The conditions of conditional discharge and of | ||||||
16 | supervision may be modified by the court on motion of the | ||||||
17 | probation officer or on its own motion or at the request of the | ||||||
18 | offender after notice to the defendant and a hearing. | ||||||
19 | (g) A judgment revoking supervision is a final appealable | ||||||
20 | order. | ||||||
21 | (h) Resentencing after revocation of conditional discharge | ||||||
22 | or of supervision shall be under Article 4. Time served on | ||||||
23 | conditional discharge or supervision shall be credited by the | ||||||
24 | court against a sentence of imprisonment or periodic | ||||||
25 | imprisonment unless the court orders otherwise. | ||||||
26 | (Source: P.A. 101-652, eff. 1-1-23 .)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-8A-7) | ||||||
2 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
3 | the Prisoner Review Board, Department of Corrections, | ||||||
4 | Department of Juvenile Justice, or court (the supervising | ||||||
5 | authority) orders electronic surveillance as a condition of | ||||||
6 | parole, aftercare release, mandatory supervised release, early | ||||||
7 | release, probation, or conditional discharge for a violation | ||||||
8 | of an order of protection or as a condition of bail pretrial | ||||||
9 | release for a person charged with a violation of an order of | ||||||
10 | protection, the supervising authority shall use the best | ||||||
11 | available global positioning technology to track domestic | ||||||
12 | violence offenders. Best available technology must have | ||||||
13 | real-time and interactive capabilities that facilitate the | ||||||
14 | following objectives: (1) immediate notification to the | ||||||
15 | supervising authority of a breach of a court ordered exclusion | ||||||
16 | zone; (2) notification of the breach to the offender; and (3) | ||||||
17 | communication between the supervising authority, law | ||||||
18 | enforcement, and the victim, regarding the breach. The | ||||||
19 | supervising authority may also require that the electronic | ||||||
20 | surveillance ordered under this Section monitor the | ||||||
21 | consumption of alcohol or drugs. | ||||||
22 | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23 .)
| ||||||
23 | (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1) | ||||||
24 | Sec. 8-2-1. Saving clause. The repeal of Acts or parts of |
| |||||||
| |||||||
1 | Acts enumerated in Section 8-5-1 does not: (1) affect any | ||||||
2 | offense committed, act done, prosecution pending, penalty, | ||||||
3 | punishment or forfeiture incurred, or rights, powers or | ||||||
4 | remedies accrued under any law in effect immediately prior to | ||||||
5 | the effective date of this Code; (2) impair, avoid, or affect | ||||||
6 | any grant or conveyance made or right acquired or cause of | ||||||
7 | action then existing under any such repealed Act or amendment | ||||||
8 | thereto; (3) affect or impair the validity of any bail or other | ||||||
9 | bond pretrial release or other obligation issued or sold and | ||||||
10 | constituting a valid obligation of the issuing authority | ||||||
11 | immediately prior to the effective date of this Code; (4) the | ||||||
12 | validity of any contract; or (5) the validity of any tax levied | ||||||
13 | under any law in effect prior to the effective date of this | ||||||
14 | Code. The repeal of any validating Act or part thereof shall | ||||||
15 | not avoid the effect of the validation. No Act repealed by | ||||||
16 | Section 8-5-1 shall repeal any Act or part thereof which | ||||||
17 | embraces the same or a similar subject matter as the Act | ||||||
18 | repealed. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
20 | Section 295. The Unified Code of Corrections is amended by | ||||||
21 | changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, | ||||||
22 | 5-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:
| ||||||
23 | (730 ILCS 5/3-6-3) | ||||||
24 | Sec. 3-6-3. Rules and regulations for sentence credit. |
| |||||||
| |||||||
1 | (a)(1) The Department of Corrections shall prescribe rules | ||||||
2 | and regulations for awarding and revoking sentence credit for | ||||||
3 | persons committed to the Department of Corrections and the | ||||||
4 | Department of Juvenile Justice shall prescribe rules and | ||||||
5 | regulations for awarding and revoking sentence credit for | ||||||
6 | persons committed to the Department of Juvenile Justice under | ||||||
7 | Section 5-8-6 of the Unified Code of Corrections, which shall | ||||||
8 | be subject to review by the Prisoner Review Board. | ||||||
9 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
10 | awarded for the following: | ||||||
11 | (A) successful completion of programming while in | ||||||
12 | custody of the Department of Corrections or the Department | ||||||
13 | of Juvenile Justice or while in custody prior to | ||||||
14 | sentencing; | ||||||
15 | (B) compliance with the rules and regulations of the | ||||||
16 | Department; or | ||||||
17 | (C) service to the institution, service to a | ||||||
18 | community, or service to the State. | ||||||
19 | (2) Except as provided in paragraph (4.7) of this | ||||||
20 | subsection (a), the rules and regulations on sentence credit | ||||||
21 | shall provide, with respect to offenses listed in clause (i), | ||||||
22 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
23 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
24 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
25 | effective date of Public Act 94-71) or with respect to offense | ||||||
26 | listed in clause (vi) committed on or after June 1, 2008 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-625) or with respect to the | ||||||
2 | offense of being an armed habitual criminal committed on or | ||||||
3 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
4 | or with respect to the offenses listed in clause (v) of this | ||||||
5 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
6 | effective date of Public Act 95-134) or with respect to the | ||||||
7 | offense of aggravated domestic battery committed on or after | ||||||
8 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
9 | with respect to the offense of attempt to commit terrorism | ||||||
10 | committed on or after January 1, 2013 (the effective date of | ||||||
11 | Public Act 97-990), the following: | ||||||
12 | (i) that a prisoner who is serving a term of | ||||||
13 | imprisonment for first degree murder or for the offense of | ||||||
14 | terrorism shall receive no sentence credit and shall serve | ||||||
15 | the entire sentence imposed by the court; | ||||||
16 | (ii) that a prisoner serving a sentence for attempt to | ||||||
17 | commit terrorism, attempt to commit first degree murder, | ||||||
18 | solicitation of murder, solicitation of murder for hire, | ||||||
19 | intentional homicide of an unborn child, predatory | ||||||
20 | criminal sexual assault of a child, aggravated criminal | ||||||
21 | sexual assault, criminal sexual assault, aggravated | ||||||
22 | kidnapping, aggravated battery with a firearm as described | ||||||
23 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
24 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
25 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
26 | 12-3.05, being an armed habitual criminal, aggravated |
| |||||||
| |||||||
1 | battery of a senior citizen as described in Section 12-4.6 | ||||||
2 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
3 | battery of a child as described in Section 12-4.3 or | ||||||
4 | subdivision (b)(1) of Section 12-3.05 shall receive no | ||||||
5 | more than 4.5 days of sentence credit for each month of his | ||||||
6 | or her sentence of imprisonment; | ||||||
7 | (iii) that a prisoner serving a sentence for home | ||||||
8 | invasion, armed robbery, aggravated vehicular hijacking, | ||||||
9 | aggravated discharge of a firearm, or armed violence with | ||||||
10 | a category I weapon or category II weapon, when the court | ||||||
11 | has made and entered a finding, pursuant to subsection | ||||||
12 | (c-1) of Section 5-4-1 of this Code, that the conduct | ||||||
13 | leading to conviction for the enumerated offense resulted | ||||||
14 | in great bodily harm to a victim, shall receive no more | ||||||
15 | than 4.5 days of sentence credit for each month of his or | ||||||
16 | her sentence of imprisonment; | ||||||
17 | (iv) that a prisoner serving a sentence for aggravated | ||||||
18 | discharge of a firearm, whether or not the conduct leading | ||||||
19 | to conviction for the offense resulted in great bodily | ||||||
20 | harm to the victim, shall receive no more than 4.5 days of | ||||||
21 | sentence credit for each month of his or her sentence of | ||||||
22 | imprisonment; | ||||||
23 | (v) that a person serving a sentence for gunrunning, | ||||||
24 | narcotics racketeering, controlled substance trafficking, | ||||||
25 | methamphetamine trafficking, drug-induced homicide, | ||||||
26 | aggravated methamphetamine-related child endangerment, |
| |||||||
| |||||||
1 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
2 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012, or a Class X felony conviction for delivery | ||||||
4 | of a controlled substance, possession of a controlled | ||||||
5 | substance with intent to manufacture or deliver, | ||||||
6 | calculated criminal drug conspiracy, criminal drug | ||||||
7 | conspiracy, street gang criminal drug conspiracy, | ||||||
8 | participation in methamphetamine manufacturing, | ||||||
9 | aggravated participation in methamphetamine | ||||||
10 | manufacturing, delivery of methamphetamine, possession | ||||||
11 | with intent to deliver methamphetamine, aggravated | ||||||
12 | delivery of methamphetamine, aggravated possession with | ||||||
13 | intent to deliver methamphetamine, methamphetamine | ||||||
14 | conspiracy when the substance containing the controlled | ||||||
15 | substance or methamphetamine is 100 grams or more shall | ||||||
16 | receive no more than 7.5 days sentence credit for each | ||||||
17 | month of his or her sentence of imprisonment; | ||||||
18 | (vi) that a prisoner serving a sentence for a second | ||||||
19 | or subsequent offense of luring a minor shall receive no | ||||||
20 | more than 4.5 days of sentence credit for each month of his | ||||||
21 | or her sentence of imprisonment; and | ||||||
22 | (vii) that a prisoner serving a sentence for | ||||||
23 | aggravated domestic battery shall receive no more than 4.5 | ||||||
24 | days of sentence credit for each month of his or her | ||||||
25 | sentence of imprisonment. | ||||||
26 | (2.1) For all offenses, other than those enumerated in |
| |||||||
| |||||||
1 | subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||||||
2 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
3 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
4 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
5 | (the effective date of Public Act 95-134) or subdivision | ||||||
6 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
7 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
8 | committed on or after July 23, 2010 (the effective date of | ||||||
9 | Public Act 96-1224), and other than the offense of aggravated | ||||||
10 | driving under the influence of alcohol, other drug or drugs, | ||||||
11 | or intoxicating compound or compounds, or any combination | ||||||
12 | thereof as defined in subparagraph (F) of paragraph (1) of | ||||||
13 | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||||||
14 | and other than the offense of aggravated driving under the | ||||||
15 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
16 | compound or compounds, or any combination thereof as defined | ||||||
17 | in subparagraph (C) of paragraph (1) of subsection (d) of | ||||||
18 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
19 | after January 1, 2011 (the effective date of Public Act | ||||||
20 | 96-1230), the rules and regulations shall provide that a | ||||||
21 | prisoner who is serving a term of imprisonment shall receive | ||||||
22 | one day of sentence credit for each day of his or her sentence | ||||||
23 | of imprisonment or recommitment under Section 3-3-9. Each day | ||||||
24 | of sentence credit shall reduce by one day the prisoner's | ||||||
25 | period of imprisonment or recommitment under Section 3-3-9. | ||||||
26 | (2.2) A prisoner serving a term of natural life |
| |||||||
| |||||||
1 | imprisonment shall receive no sentence credit. | ||||||
2 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
3 | subsection (a), the rules and regulations on sentence credit | ||||||
4 | shall provide that a prisoner who is serving a sentence for | ||||||
5 | aggravated driving under the influence of alcohol, other drug | ||||||
6 | or drugs, or intoxicating compound or compounds, or any | ||||||
7 | combination thereof as defined in subparagraph (F) of | ||||||
8 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
9 | Illinois Vehicle Code, shall receive no more than 4.5 days of | ||||||
10 | sentence credit for each month of his or her sentence of | ||||||
11 | imprisonment. | ||||||
12 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
13 | subsection (a), the rules and regulations on sentence credit | ||||||
14 | shall provide with respect to the offenses of aggravated | ||||||
15 | battery with a machine gun or a firearm equipped with any | ||||||
16 | device or attachment designed or used for silencing the report | ||||||
17 | of a firearm or aggravated discharge of a machine gun or a | ||||||
18 | firearm equipped with any device or attachment designed or | ||||||
19 | used for silencing the report of a firearm, committed on or | ||||||
20 | after July 15, 1999 (the effective date of Public Act 91-121), | ||||||
21 | that a prisoner serving a sentence for any of these offenses | ||||||
22 | shall receive no more than 4.5 days of sentence credit for each | ||||||
23 | month of his or her sentence of imprisonment. | ||||||
24 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
25 | subsection (a), the rules and regulations on sentence credit | ||||||
26 | shall provide that a prisoner who is serving a sentence for |
| |||||||
| |||||||
1 | aggravated arson committed on or after July 27, 2001 (the | ||||||
2 | effective date of Public Act 92-176) shall receive no more | ||||||
3 | than 4.5 days of sentence credit for each month of his or her | ||||||
4 | sentence of imprisonment. | ||||||
5 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
6 | subsection (a), the rules and regulations on sentence credit | ||||||
7 | shall provide that a prisoner who is serving a sentence for | ||||||
8 | aggravated driving under the influence of alcohol, other drug | ||||||
9 | or drugs, or intoxicating compound or compounds or any | ||||||
10 | combination thereof as defined in subparagraph (C) of | ||||||
11 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
13 | (the effective date of Public Act 96-1230) shall receive no | ||||||
14 | more than 4.5 days of sentence credit for each month of his or | ||||||
15 | her sentence of imprisonment. | ||||||
16 | (3) In addition to the sentence credits earned under | ||||||
17 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
18 | subsection (a), the rules and regulations shall also provide | ||||||
19 | that the Director of Corrections or the Director of Juvenile | ||||||
20 | Justice may award up to 180 days of earned sentence credit for | ||||||
21 | prisoners serving a sentence of incarceration of less than 5 | ||||||
22 | years, and up to 365 days of earned sentence credit for | ||||||
23 | prisoners serving a sentence of 5 years or longer. The | ||||||
24 | Director may grant this credit for good conduct in specific | ||||||
25 | instances as the either Director deems proper for eligible | ||||||
26 | persons in the custody of each Director's respective |
| |||||||
| |||||||
1 | Department . The good conduct may include, but is not limited | ||||||
2 | to, compliance with the rules and regulations of the | ||||||
3 | Department, service to the Department, service to a community, | ||||||
4 | or service to the State. | ||||||
5 | Eligible inmates for an award of earned sentence credit | ||||||
6 | under this paragraph (3) may be selected to receive the credit | ||||||
7 | at the either Director's or his or her designee's sole | ||||||
8 | discretion. Eligibility for the additional earned sentence | ||||||
9 | credit under this paragraph (3) shall may be based on, but is | ||||||
10 | not limited to, participation in programming offered by the | ||||||
11 | Department as appropriate for the prisoner based on the | ||||||
12 | results of any available risk/needs assessment or other | ||||||
13 | relevant assessments or evaluations administered by the | ||||||
14 | Department using a validated instrument, the circumstances of | ||||||
15 | the crime, any demonstrated commitment to rehabilitation by a | ||||||
16 | prisoner with a history of conviction for a forcible felony | ||||||
17 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
18 | inmate's behavior and improvements in disciplinary history | ||||||
19 | while incarcerated, and the inmate's commitment to | ||||||
20 | rehabilitation, including participation in programming offered | ||||||
21 | by the Department. | ||||||
22 | The Director of Corrections or the Director of Juvenile | ||||||
23 | Justice shall not award sentence credit under this paragraph | ||||||
24 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
25 | days of the sentence, including time served in a county jail; | ||||||
26 | except nothing in this paragraph shall be construed to permit |
| |||||||
| |||||||
1 | either Director to extend an inmate's sentence beyond that | ||||||
2 | which was imposed by the court. Prior to awarding credit under | ||||||
3 | this paragraph (3), each Director shall make a written | ||||||
4 | determination that the inmate: | ||||||
5 | (A) is eligible for the earned sentence credit; | ||||||
6 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
7 | days as the sentence will allow; | ||||||
8 | (B-1) has received a risk/needs assessment or other | ||||||
9 | relevant evaluation or assessment administered by the | ||||||
10 | Department using a validated instrument; and | ||||||
11 | (C) has met the eligibility criteria established by | ||||||
12 | rule for earned sentence credit. | ||||||
13 | The Director of Corrections or the Director of Juvenile | ||||||
14 | Justice shall determine the form and content of the written | ||||||
15 | determination required in this subsection. | ||||||
16 | (3.5) The Department shall provide annual written reports | ||||||
17 | to the Governor and the General Assembly on the award of earned | ||||||
18 | sentence credit no later than February 1 of each year. The | ||||||
19 | Department must publish both reports on its website within 48 | ||||||
20 | hours of transmitting the reports to the Governor and the | ||||||
21 | General Assembly. The reports must include: | ||||||
22 | (A) the number of inmates awarded earned sentence | ||||||
23 | credit; | ||||||
24 | (B) the average amount of earned sentence credit | ||||||
25 | awarded; | ||||||
26 | (C) the holding offenses of inmates awarded earned |
| |||||||
| |||||||
1 | sentence credit; and | ||||||
2 | (D) the number of earned sentence credit revocations. | ||||||
3 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations shall also provide | ||||||
5 | that the sentence credit accumulated and retained under | ||||||
6 | paragraph (2.1) of subsection (a) of this Section by any | ||||||
7 | inmate during specific periods of time in which such inmate | ||||||
8 | any prisoner who is engaged full-time in substance abuse | ||||||
9 | programs, correctional industry assignments, educational | ||||||
10 | programs, work-release programs or activities in accordance | ||||||
11 | with Article 13 of Chapter III of this Code, behavior | ||||||
12 | modification programs, life skills courses, or re-entry | ||||||
13 | planning provided by the Department under this paragraph (4) | ||||||
14 | and satisfactorily completes the assigned program as | ||||||
15 | determined by the standards of the Department, shall receive | ||||||
16 | be multiplied by a factor of 1.25 for program participation | ||||||
17 | before August 11, 1993 and 1.50 for program participation on | ||||||
18 | or after that date one day of sentence credit for each day in | ||||||
19 | which that prisoner is engaged in the activities described in | ||||||
20 | this paragraph . The rules and regulations shall also provide | ||||||
21 | that sentence credit , subject to the same offense limits and | ||||||
22 | multiplier provided in this paragraph, may be provided to an | ||||||
23 | inmate who was held in pre-trial detention prior to his or her | ||||||
24 | current commitment to the Department of Corrections and | ||||||
25 | successfully completed a full-time, 60-day or longer substance | ||||||
26 | abuse program, educational program, behavior modification |
| |||||||
| |||||||
1 | program, life skills course, or re-entry planning provided by | ||||||
2 | the county department of corrections or county jail. | ||||||
3 | Calculation of this county program credit shall be done at | ||||||
4 | sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
5 | shall be included in the sentencing order. However, no inmate | ||||||
6 | shall be eligible for the additional sentence credit under | ||||||
7 | this paragraph (4) or (4.1) of this subsection (a) while | ||||||
8 | assigned to a boot camp or electronic detention. The rules and | ||||||
9 | regulations shall also provide that sentence credit may be | ||||||
10 | provided to an inmate who is in compliance with programming | ||||||
11 | requirements in an adult transition center. | ||||||
12 | (B) The Department shall award sentence credit under this | ||||||
13 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
14 | effective date of Public Act 101-440) in an amount specified | ||||||
15 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
16 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
17 | the Department determines that the inmate is entitled to this | ||||||
18 | sentence credit, based upon: | ||||||
19 | (i) documentation provided by the Department that the | ||||||
20 | inmate engaged in any full-time substance abuse programs, | ||||||
21 | correctional industry assignments, educational programs, | ||||||
22 | behavior modification programs, life skills courses, or | ||||||
23 | re-entry planning provided by the Department under this | ||||||
24 | paragraph (4) and satisfactorily completed the assigned | ||||||
25 | program as determined by the standards of the Department | ||||||
26 | during the inmate's current term of incarceration; or |
| |||||||
| |||||||
1 | (ii) the inmate's own testimony in the form of an | ||||||
2 | affidavit or documentation, or a third party's | ||||||
3 | documentation or testimony in the form of an affidavit | ||||||
4 | that the inmate likely engaged in any full-time substance | ||||||
5 | abuse programs, correctional industry assignments, | ||||||
6 | educational programs, behavior modification programs, life | ||||||
7 | skills courses, or re-entry planning provided by the | ||||||
8 | Department under paragraph (4) and satisfactorily | ||||||
9 | completed the assigned program as determined by the | ||||||
10 | standards of the Department during the inmate's current | ||||||
11 | term of incarceration. | ||||||
12 | (C) If the inmate can provide documentation that he or she | ||||||
13 | is entitled to sentence credit under subparagraph (B) in | ||||||
14 | excess of 45 days of participation in those programs, the | ||||||
15 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
16 | cannot provide documentation of more than 45 days of | ||||||
17 | participation in those programs, the inmate shall receive 45 | ||||||
18 | days of sentence credit. In the event of a disagreement | ||||||
19 | between the Department and the inmate as to the amount of | ||||||
20 | credit accumulated under subparagraph (B), if the Department | ||||||
21 | provides documented proof of a lesser amount of days of | ||||||
22 | participation in those programs, that proof shall control. If | ||||||
23 | the Department provides no documentary proof, the inmate's | ||||||
24 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
25 | control as to the amount of sentence credit provided. | ||||||
26 | (D) If the inmate has been convicted of a sex offense as |
| |||||||
| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
2 | sentencing credits under subparagraph (B) of this paragraph | ||||||
3 | (4) shall be awarded by the Department only if the conditions | ||||||
4 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
5 | No inmate serving a term of natural life imprisonment shall | ||||||
6 | receive sentence credit under subparagraph (B) of this | ||||||
7 | paragraph (4). | ||||||
8 | (E) The rules and regulations shall provide for the | ||||||
9 | recalculation of program credits awarded pursuant to this | ||||||
10 | paragraph (4) prior to July 1, 2021 (the effective date of | ||||||
11 | Public Act 101-652) at the rate set for such credits on and | ||||||
12 | after July 1, 2021. | ||||||
13 | Educational, vocational, substance abuse, behavior | ||||||
14 | modification programs, life skills courses, re-entry planning, | ||||||
15 | and correctional industry programs under which sentence credit | ||||||
16 | may be earned under this paragraph (4) and paragraph (4.1) of | ||||||
17 | this subsection (a) shall be evaluated by the Department on | ||||||
18 | the basis of documented standards. The Department shall report | ||||||
19 | the results of these evaluations to the Governor and the | ||||||
20 | General Assembly by September 30th of each year. The reports | ||||||
21 | shall include data relating to the recidivism rate among | ||||||
22 | program participants. | ||||||
23 | Availability of these programs shall be subject to the | ||||||
24 | limits of fiscal resources appropriated by the General | ||||||
25 | Assembly for these purposes. Eligible inmates who are denied | ||||||
26 | immediate admission shall be placed on a waiting list under |
| |||||||
| |||||||
1 | criteria established by the Department. The rules and | ||||||
2 | regulations shall provide that a prisoner who has been placed | ||||||
3 | on a waiting list but is transferred for non-disciplinary | ||||||
4 | reasons before beginning a program shall receive priority | ||||||
5 | placement on the waitlist for appropriate programs at the new | ||||||
6 | facility. The inability of any inmate to become engaged in any | ||||||
7 | such programs by reason of insufficient program resources or | ||||||
8 | for any other reason established under the rules and | ||||||
9 | regulations of the Department shall not be deemed a cause of | ||||||
10 | action under which the Department or any employee or agent of | ||||||
11 | the Department shall be liable for damages to the inmate. The | ||||||
12 | rules and regulations shall provide that a prisoner who begins | ||||||
13 | an educational, vocational, substance abuse, work-release | ||||||
14 | programs or activities in accordance with Article 13 of | ||||||
15 | Chapter III of this Code, behavior modification program, life | ||||||
16 | skills course, re-entry planning, or correctional industry | ||||||
17 | programs but is unable to complete the program due to illness, | ||||||
18 | disability, transfer, lockdown, or another reason outside of | ||||||
19 | the prisoner's control shall receive prorated sentence credits | ||||||
20 | for the days in which the prisoner did participate. | ||||||
21 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations shall also provide | ||||||
23 | that an additional 90 days of sentence credit shall be awarded | ||||||
24 | to any prisoner who passes high school equivalency testing | ||||||
25 | while the prisoner is committed to the Department of | ||||||
26 | Corrections. The sentence credit awarded under this paragraph |
| |||||||
| |||||||
1 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
2 | of sentence credit under any other paragraph of this Section, | ||||||
3 | but shall also be pursuant to the guidelines and restrictions | ||||||
4 | set forth in paragraph (4) of subsection (a) of this Section. | ||||||
5 | The sentence credit provided for in this paragraph shall be | ||||||
6 | available only to those prisoners who have not previously | ||||||
7 | earned a high school diploma or a State of Illinois High School | ||||||
8 | Diploma. If, after an award of the high school equivalency | ||||||
9 | testing sentence credit has been made, the Department | ||||||
10 | determines that the prisoner was not eligible, then the award | ||||||
11 | shall be revoked. The Department may also award 90 days of | ||||||
12 | sentence credit to any committed person who passed high school | ||||||
13 | equivalency testing while he or she was held in pre-trial | ||||||
14 | detention prior to the current commitment to the Department of | ||||||
15 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
16 | subsection (a), the rules and regulations shall provide that | ||||||
17 | an additional 120 days of sentence credit shall be awarded to | ||||||
18 | any prisoner who obtains an associate degree while the | ||||||
19 | prisoner is committed to the Department of Corrections, | ||||||
20 | regardless of the date that the associate degree was obtained, | ||||||
21 | including if prior to July 1, 2021 (the effective date of | ||||||
22 | Public Act 101-652). The sentence credit awarded under this | ||||||
23 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
24 | the award of sentence credit under any other paragraph of this | ||||||
25 | Section, but shall also be under the guidelines and | ||||||
26 | restrictions set forth in paragraph (4) of subsection (a) of |
| |||||||
| |||||||
1 | this Section. The sentence credit provided for in this | ||||||
2 | paragraph (4.1) shall be available only to those prisoners who | ||||||
3 | have not previously earned an associate degree prior to the | ||||||
4 | current commitment to the Department of Corrections. If, after | ||||||
5 | an award of the associate degree sentence credit has been made | ||||||
6 | and the Department determines that the prisoner was not | ||||||
7 | eligible, then the award shall be revoked. The Department may | ||||||
8 | also award 120 days of sentence credit to any committed person | ||||||
9 | who earned an associate degree while he or she was held in | ||||||
10 | pre-trial detention prior to the current commitment to the | ||||||
11 | Department of Corrections. | ||||||
12 | Except as provided in paragraph (4.7) of this subsection | ||||||
13 | (a), the rules and regulations shall provide that an | ||||||
14 | additional 180 days of sentence credit shall be awarded to any | ||||||
15 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
16 | committed to the Department of Corrections. The sentence | ||||||
17 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
18 | to, and shall not affect, the award of sentence credit under | ||||||
19 | any other paragraph of this Section, but shall also be under | ||||||
20 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
21 | this subsection (a). The sentence credit provided for in this | ||||||
22 | paragraph shall be available only to those prisoners who have | ||||||
23 | not earned a bachelor's degree prior to the current commitment | ||||||
24 | to the Department of Corrections. If, after an award of the | ||||||
25 | bachelor's degree sentence credit has been made, the | ||||||
26 | Department determines that the prisoner was not eligible, then |
| |||||||
| |||||||
1 | the award shall be revoked. The Department may also award 180 | ||||||
2 | days of sentence credit to any committed person who earned a | ||||||
3 | bachelor's degree while he or she was held in pre-trial | ||||||
4 | detention prior to the current commitment to the Department of | ||||||
5 | Corrections. | ||||||
6 | Except as provided in paragraph (4.7) of this subsection | ||||||
7 | (a), the rules and regulations shall provide that an | ||||||
8 | additional 180 days of sentence credit shall be awarded to any | ||||||
9 | prisoner who obtains a master's or professional degree while | ||||||
10 | the prisoner is committed to the Department of Corrections. | ||||||
11 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
12 | be in addition to, and shall not affect, the award of sentence | ||||||
13 | credit under any other paragraph of this Section, but shall | ||||||
14 | also be under the guidelines and restrictions set forth in | ||||||
15 | paragraph (4) of this subsection (a). The sentence credit | ||||||
16 | provided for in this paragraph shall be available only to | ||||||
17 | those prisoners who have not previously earned a master's or | ||||||
18 | professional degree prior to the current commitment to the | ||||||
19 | Department of Corrections. If, after an award of the master's | ||||||
20 | or professional degree sentence credit has been made, the | ||||||
21 | Department determines that the prisoner was not eligible, then | ||||||
22 | the award shall be revoked. The Department may also award 180 | ||||||
23 | days of sentence credit to any committed person who earned a | ||||||
24 | master's or professional degree while he or she was held in | ||||||
25 | pre-trial detention prior to the current commitment to the | ||||||
26 | Department of Corrections. |
| |||||||
| |||||||
1 | (4.2)(A) The rules and regulations shall also provide that | ||||||
2 | any prisoner engaged in self-improvement programs, volunteer | ||||||
3 | work, or work assignments that are not otherwise eligible | ||||||
4 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
5 | of sentence credit for each day in which the prisoner is | ||||||
6 | engaged in activities described in this paragraph. | ||||||
7 | (B) The rules and regulations shall provide for the award | ||||||
8 | of sentence credit under this paragraph (4.2) for qualifying | ||||||
9 | days of engagement in eligible activities occurring prior to | ||||||
10 | July 1, 2021 (the effective date of Public Act 101-652). | ||||||
11 | (4.5) The rules and regulations on sentence credit shall | ||||||
12 | also provide that when the court's sentencing order recommends | ||||||
13 | a prisoner for substance abuse treatment and the crime was | ||||||
14 | committed on or after September 1, 2003 (the effective date of | ||||||
15 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
16 | credit awarded under clause (3) of this subsection (a) unless | ||||||
17 | he or she participates in and completes a substance abuse | ||||||
18 | treatment program. The Director of Corrections may waive the | ||||||
19 | requirement to participate in or complete a substance abuse | ||||||
20 | treatment program in specific instances if the prisoner is not | ||||||
21 | a good candidate for a substance abuse treatment program for | ||||||
22 | medical, programming, or operational reasons. Availability of | ||||||
23 | substance abuse treatment shall be subject to the limits of | ||||||
24 | fiscal resources appropriated by the General Assembly for | ||||||
25 | these purposes. If treatment is not available and the | ||||||
26 | requirement to participate and complete the treatment has not |
| |||||||
| |||||||
1 | been waived by the Director, the prisoner shall be placed on a | ||||||
2 | waiting list under criteria established by the Department. The | ||||||
3 | Director may allow a prisoner placed on a waiting list to | ||||||
4 | participate in and complete a substance abuse education class | ||||||
5 | or attend substance abuse self-help meetings in lieu of a | ||||||
6 | substance abuse treatment program. A prisoner on a waiting | ||||||
7 | list who is not placed in a substance abuse program prior to | ||||||
8 | release may be eligible for a waiver and receive sentence | ||||||
9 | credit under clause (3) of this subsection (a) at the | ||||||
10 | discretion of the Director. | ||||||
11 | (4.6) The rules and regulations on sentence credit shall | ||||||
12 | also provide that a prisoner who has been convicted of a sex | ||||||
13 | offense as defined in Section 2 of the Sex Offender | ||||||
14 | Registration Act shall receive no sentence credit unless he or | ||||||
15 | she either has successfully completed or is participating in | ||||||
16 | sex offender treatment as defined by the Sex Offender | ||||||
17 | Management Board. However, prisoners who are waiting to | ||||||
18 | receive treatment, but who are unable to do so due solely to | ||||||
19 | the lack of resources on the part of the Department, may, at | ||||||
20 | either Director's sole discretion, be awarded sentence credit | ||||||
21 | at a rate as the Director shall determine. | ||||||
22 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
23 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
24 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
25 | who is serving a sentence for an offense described in | ||||||
26 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned |
| |||||||
| |||||||
1 | on or after January 1, 2018 (the effective date of Public Act | ||||||
2 | 100-3); provided, the award of the credits under this | ||||||
3 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
4 | to less than the following amounts: | ||||||
5 | (i) 85% of his or her sentence if the prisoner is | ||||||
6 | required to serve 85% of his or her sentence; or | ||||||
7 | (ii) 60% of his or her sentence if the prisoner is | ||||||
8 | required to serve 75% of his or her sentence, except if the | ||||||
9 | prisoner is serving a sentence for gunrunning his or her | ||||||
10 | sentence shall not be reduced to less than 75%. | ||||||
11 | (iii) 100% of his or her sentence if the prisoner is | ||||||
12 | required to serve 100% of his or her sentence. | ||||||
13 | (5) Whenever the Department is to release any inmate | ||||||
14 | earlier than it otherwise would because of a grant of earned | ||||||
15 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
16 | Section given at any time during the term, the Department | ||||||
17 | shall give reasonable notice of the impending release not less | ||||||
18 | than 14 days prior to the date of the release to the State's | ||||||
19 | Attorney of the county where the prosecution of the inmate | ||||||
20 | took place, and if applicable, the State's Attorney of the | ||||||
21 | county into which the inmate will be released. The Department | ||||||
22 | must also make identification information and a recent photo | ||||||
23 | of the inmate being released accessible on the Internet by | ||||||
24 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
25 | Early Release" on the Department's World Wide Web homepage. | ||||||
26 | The identification information shall include the inmate's: |
| |||||||
| |||||||
1 | name, any known alias, date of birth, physical | ||||||
2 | characteristics, commitment offense, and county where | ||||||
3 | conviction was imposed. The identification information shall | ||||||
4 | be placed on the website within 3 days of the inmate's release | ||||||
5 | and the information may not be removed until either: | ||||||
6 | completion of the first year of mandatory supervised release | ||||||
7 | or return of the inmate to custody of the Department. | ||||||
8 | (b) Whenever a person is or has been committed under | ||||||
9 | several convictions, with separate sentences, the sentences | ||||||
10 | shall be construed under Section 5-8-4 in granting and | ||||||
11 | forfeiting of sentence credit. | ||||||
12 | (c) (1) The Department shall prescribe rules and | ||||||
13 | regulations for revoking sentence credit, including revoking | ||||||
14 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
15 | of this Section. The Department shall prescribe rules and | ||||||
16 | regulations establishing and requiring the use of a sanctions | ||||||
17 | matrix for revoking sentence credit. The Department shall | ||||||
18 | prescribe rules and regulations for suspending or reducing the | ||||||
19 | rate of accumulation of sentence credit for specific rule | ||||||
20 | violations, during imprisonment. These rules and regulations | ||||||
21 | shall provide that no inmate may be penalized more than one | ||||||
22 | year of sentence credit for any one infraction. | ||||||
23 | (2) When the Department seeks to revoke, suspend, or | ||||||
24 | reduce the rate of accumulation of any sentence credits for an | ||||||
25 | alleged infraction of its rules, it shall bring charges | ||||||
26 | therefor against the prisoner sought to be so deprived of |
| |||||||
| |||||||
1 | sentence credits before the Prisoner Review Board as provided | ||||||
2 | in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||||||
3 | amount of credit at issue exceeds 30 days , whether from one | ||||||
4 | infraction or cumulatively from multiple infractions arising | ||||||
5 | out of a single event, or when, during any 12-month period, the | ||||||
6 | cumulative amount of credit revoked exceeds 30 days except | ||||||
7 | where the infraction is committed or discovered within 60 days | ||||||
8 | of scheduled release. In those cases, the Department of | ||||||
9 | Corrections may revoke up to 30 days of sentence credit. The | ||||||
10 | Board may subsequently approve the revocation of additional | ||||||
11 | sentence credit, if the Department seeks to revoke sentence | ||||||
12 | credit in excess of 30 days. However, the Board shall not be | ||||||
13 | empowered to review the Department's decision with respect to | ||||||
14 | the loss of 30 days of sentence credit within any calendar year | ||||||
15 | for any prisoner or to increase any penalty beyond the length | ||||||
16 | requested by the Department. | ||||||
17 | (3) The Director of Corrections or the Director of | ||||||
18 | Juvenile Justice , in appropriate cases, may restore up to 30 | ||||||
19 | days of sentence credits which have been revoked, suspended, | ||||||
20 | or reduced. Any restoration of sentence credits in excess of | ||||||
21 | 30 days shall be subject to review by the Prisoner Review | ||||||
22 | Board. However, the Board may not restore sentence credit in | ||||||
23 | excess of the amount requested by the Director. The Department | ||||||
24 | shall prescribe rules and regulations governing the | ||||||
25 | restoration of sentence credits. These rules and regulations | ||||||
26 | shall provide for the automatic restoration of sentence |
| |||||||
| |||||||
1 | credits following a period in which the prisoner maintains a | ||||||
2 | record without a disciplinary violation. | ||||||
3 | Nothing contained in this Section shall prohibit the | ||||||
4 | Prisoner Review Board from ordering, pursuant to Section | ||||||
5 | 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||||||
6 | sentence imposed by the court that was not served due to the | ||||||
7 | accumulation of sentence credit. | ||||||
8 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
9 | federal court against the State, the Department of | ||||||
10 | Corrections, or the Prisoner Review Board, or against any of | ||||||
11 | their officers or employees, and the court makes a specific | ||||||
12 | finding that a pleading, motion, or other paper filed by the | ||||||
13 | prisoner is frivolous, the Department of Corrections shall | ||||||
14 | conduct a hearing to revoke up to 180 days of sentence credit | ||||||
15 | by bringing charges against the prisoner sought to be deprived | ||||||
16 | of the sentence credits before the Prisoner Review Board as | ||||||
17 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||||||
18 | If the prisoner has not accumulated 180 days of sentence | ||||||
19 | credit at the time of the finding, then the Prisoner Review | ||||||
20 | Board may revoke all sentence credit accumulated by the | ||||||
21 | prisoner. | ||||||
22 | For purposes of this subsection (d): | ||||||
23 | (1) "Frivolous" means that a pleading, motion, or | ||||||
24 | other filing which purports to be a legal document filed | ||||||
25 | by a prisoner in his or her lawsuit meets any or all of the | ||||||
26 | following criteria: |
| |||||||
| |||||||
1 | (A) it lacks an arguable basis either in law or in | ||||||
2 | fact; | ||||||
3 | (B) it is being presented for any improper | ||||||
4 | purpose, such as to harass or to cause unnecessary | ||||||
5 | delay or needless increase in the cost of litigation; | ||||||
6 | (C) the claims, defenses, and other legal | ||||||
7 | contentions therein are not warranted by existing law | ||||||
8 | or by a nonfrivolous argument for the extension, | ||||||
9 | modification, or reversal of existing law or the | ||||||
10 | establishment of new law; | ||||||
11 | (D) the allegations and other factual contentions | ||||||
12 | do not have evidentiary support or, if specifically so | ||||||
13 | identified, are not likely to have evidentiary support | ||||||
14 | after a reasonable opportunity for further | ||||||
15 | investigation or discovery; or | ||||||
16 | (E) the denials of factual contentions are not | ||||||
17 | warranted on the evidence, or if specifically so | ||||||
18 | identified, are not reasonably based on a lack of | ||||||
19 | information or belief. | ||||||
20 | (2) "Lawsuit" means a motion pursuant to Section 116-3 | ||||||
21 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
22 | action under Article X of the Code of Civil Procedure or | ||||||
23 | under federal law (28 U.S.C. 2254), a petition for claim | ||||||
24 | under the Court of Claims Act, an action under the federal | ||||||
25 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
26 | subsequent petition for post-conviction relief under |
| |||||||
| |||||||
1 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
2 | whether filed with or without leave of court or a second or | ||||||
3 | subsequent petition for relief from judgment under Section | ||||||
4 | 2-1401 of the Code of Civil Procedure. | ||||||
5 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
6 | validity of Public Act 89-404. | ||||||
7 | (f) Whenever the Department is to release any inmate who | ||||||
8 | has been convicted of a violation of an order of protection | ||||||
9 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012, earlier than it otherwise would | ||||||
11 | because of a grant of sentence credit, the Department, as a | ||||||
12 | condition of release, shall require that the person, upon | ||||||
13 | release, be placed under electronic surveillance as provided | ||||||
14 | in Section 5-8A-7 of this Code. | ||||||
15 | (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
16 | 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||||||
17 | 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised | ||||||
18 | 12-15-23.)
| ||||||
19 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) | ||||||
20 | Sec. 5-4-1. Sentencing hearing. | ||||||
21 | (a) After a determination of guilt, a hearing shall be | ||||||
22 | held to impose the sentence. However, prior to the imposition | ||||||
23 | of sentence on an individual being sentenced for an offense | ||||||
24 | based upon a charge for a violation of Section 11-501 of the | ||||||
25 | Illinois Vehicle Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance, the individual must undergo a professional | ||||||
2 | evaluation to determine if an alcohol or other drug abuse | ||||||
3 | problem exists and the extent of such a problem. Programs | ||||||
4 | conducting these evaluations shall be licensed by the | ||||||
5 | Department of Human Services. However, if the individual is | ||||||
6 | not a resident of Illinois, the court may, in its discretion, | ||||||
7 | accept an evaluation from a program in the state of such | ||||||
8 | individual's residence. The court shall make a specific | ||||||
9 | finding about whether the defendant is eligible for | ||||||
10 | participation in a Department impact incarceration program as | ||||||
11 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
12 | explanation as to why a sentence to impact incarceration is | ||||||
13 | not an appropriate sentence. The court may in its sentencing | ||||||
14 | order recommend a defendant for placement in a Department of | ||||||
15 | Corrections substance abuse treatment program as provided in | ||||||
16 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
17 | upon the defendant being accepted in a program by the | ||||||
18 | Department of Corrections. At the hearing the court shall: | ||||||
19 | (1) consider the evidence, if any, received upon the | ||||||
20 | trial; | ||||||
21 | (2) consider any presentence reports; | ||||||
22 | (3) consider the financial impact of incarceration | ||||||
23 | based on the financial impact statement filed with the | ||||||
24 | clerk of the court by the Department of Corrections; | ||||||
25 | (4) consider evidence and information offered by the | ||||||
26 | parties in aggravation and mitigation; |
| |||||||
| |||||||
1 | (4.5) consider substance abuse treatment, eligibility | ||||||
2 | screening, and an assessment, if any, of the defendant by | ||||||
3 | an agent designated by the State of Illinois to provide | ||||||
4 | assessment services for the Illinois courts; | ||||||
5 | (5) hear arguments as to sentencing alternatives; | ||||||
6 | (6) afford the defendant the opportunity to make a | ||||||
7 | statement in his own behalf; | ||||||
8 | (7) afford the victim of a violent crime or a | ||||||
9 | violation of Section 11-501 of the Illinois Vehicle Code, | ||||||
10 | or a similar provision of a local ordinance, the | ||||||
11 | opportunity to present an oral or written statement, as | ||||||
12 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
13 | Constitution and provided in Section 6 of the Rights of | ||||||
14 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
15 | victim to make an oral statement if the victim is present | ||||||
16 | in the courtroom and requests to make an oral or written | ||||||
17 | statement. An oral or written statement includes the | ||||||
18 | victim or a representative of the victim reading the | ||||||
19 | written statement. The court may allow persons impacted by | ||||||
20 | the crime who are not victims under subsection (a) of | ||||||
21 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
22 | to present an oral or written statement. A victim and any | ||||||
23 | person making an oral statement shall not be put under | ||||||
24 | oath or subject to cross-examination. All statements | ||||||
25 | offered under this paragraph (7) shall become part of the | ||||||
26 | record of the court. In this paragraph (7), "victim of a |
| |||||||
| |||||||
1 | violent crime" means a person who is a victim of a violent | ||||||
2 | crime for which the defendant has been convicted after a | ||||||
3 | bench or jury trial or a person who is the victim of a | ||||||
4 | violent crime with which the defendant was charged and the | ||||||
5 | defendant has been convicted under a plea agreement of a | ||||||
6 | crime that is not a violent crime as defined in subsection | ||||||
7 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
8 | (7.5) afford a qualified person affected by: (i) a | ||||||
9 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
10 | Illinois Controlled Substances Act or a violation of | ||||||
11 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
12 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
13 | violation of Section 11-14, 11-14.3 except as described in | ||||||
14 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
15 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, committed by the defendant the | ||||||
17 | opportunity to make a statement concerning the impact on | ||||||
18 | the qualified person and to offer evidence in aggravation | ||||||
19 | or mitigation; provided that the statement and evidence | ||||||
20 | offered in aggravation or mitigation shall first be | ||||||
21 | prepared in writing in conjunction with the State's | ||||||
22 | Attorney before it may be presented orally at the hearing. | ||||||
23 | Sworn testimony offered by the qualified person is subject | ||||||
24 | to the defendant's right to cross-examine. All statements | ||||||
25 | and evidence offered under this paragraph (7.5) shall | ||||||
26 | become part of the record of the court. In this paragraph |
| |||||||
| |||||||
1 | (7.5), "qualified person" means any person who: (i) lived | ||||||
2 | or worked within the territorial jurisdiction where the | ||||||
3 | offense took place when the offense took place; or (ii) is | ||||||
4 | familiar with various public places within the territorial | ||||||
5 | jurisdiction where the offense took place when the offense | ||||||
6 | took place. "Qualified person" includes any peace officer | ||||||
7 | or any member of any duly organized State, county, or | ||||||
8 | municipal peace officer unit assigned to the territorial | ||||||
9 | jurisdiction where the offense took place when the offense | ||||||
10 | took place; | ||||||
11 | (8) in cases of reckless homicide afford the victim's | ||||||
12 | spouse, guardians, parents or other immediate family | ||||||
13 | members an opportunity to make oral statements; | ||||||
14 | (9) in cases involving a felony sex offense as defined | ||||||
15 | under the Sex Offender Management Board Act, consider the | ||||||
16 | results of the sex offender evaluation conducted pursuant | ||||||
17 | to Section 5-3-2 of this Act; and | ||||||
18 | (10) make a finding of whether a motor vehicle was | ||||||
19 | used in the commission of the offense for which the | ||||||
20 | defendant is being sentenced. | ||||||
21 | (b) All sentences shall be imposed by the judge based upon | ||||||
22 | his independent assessment of the elements specified above and | ||||||
23 | any agreement as to sentence reached by the parties. The judge | ||||||
24 | who presided at the trial or the judge who accepted the plea of | ||||||
25 | guilty shall impose the sentence unless he is no longer | ||||||
26 | sitting as a judge in that court. Where the judge does not |
| |||||||
| |||||||
1 | impose sentence at the same time on all defendants who are | ||||||
2 | convicted as a result of being involved in the same offense, | ||||||
3 | the defendant or the State's Attorney may advise the | ||||||
4 | sentencing court of the disposition of any other defendants | ||||||
5 | who have been sentenced. | ||||||
6 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
7 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
8 | sentence of probation or conditional discharge is an available | ||||||
9 | sentence, if the defendant has no prior sentence of probation | ||||||
10 | or conditional discharge and no prior conviction for a violent | ||||||
11 | crime, the defendant shall not be sentenced to imprisonment | ||||||
12 | before review and consideration of a presentence report and | ||||||
13 | determination and explanation of why the particular evidence, | ||||||
14 | information, factor in aggravation, factual finding, or other | ||||||
15 | reasons support a sentencing determination that one or more of | ||||||
16 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
17 | apply and that probation or conditional discharge is not an | ||||||
18 | appropriate sentence. | ||||||
19 | (c) In imposing a sentence for a violent crime or for an | ||||||
20 | offense of operating or being in physical control of a vehicle | ||||||
21 | while under the influence of alcohol, any other drug or any | ||||||
22 | combination thereof, or a similar provision of a local | ||||||
23 | ordinance, when such offense resulted in the personal injury | ||||||
24 | to someone other than the defendant, the trial judge shall | ||||||
25 | specify on the record the particular evidence, information, | ||||||
26 | factors in mitigation and aggravation or other reasons that |
| |||||||
| |||||||
1 | led to his sentencing determination. The full verbatim record | ||||||
2 | of the sentencing hearing shall be filed with the clerk of the | ||||||
3 | court and shall be a public record. | ||||||
4 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
5 | kidnapping for ransom, home invasion, armed robbery, | ||||||
6 | aggravated vehicular hijacking, aggravated discharge of a | ||||||
7 | firearm, or armed violence with a category I weapon or | ||||||
8 | category II weapon, the trial judge shall make a finding as to | ||||||
9 | whether the conduct leading to conviction for the offense | ||||||
10 | resulted in great bodily harm to a victim, and shall enter that | ||||||
11 | finding and the basis for that finding in the record. | ||||||
12 | (c-1.5) (Blank). Notwithstanding any other provision of | ||||||
13 | law to the contrary, in imposing a sentence for an offense that | ||||||
14 | requires a mandatory minimum sentence of imprisonment, the | ||||||
15 | court may instead sentence the offender to probation, | ||||||
16 | conditional discharge, or a lesser term of imprisonment it | ||||||
17 | deems appropriate if: (1) the offense involves the use or | ||||||
18 | possession of drugs, retail theft, or driving on a revoked | ||||||
19 | license due to unpaid financial obligations; (2) the court | ||||||
20 | finds that the defendant does not pose a risk to public safety; | ||||||
21 | and (3) the interest of justice requires imposing a term of | ||||||
22 | probation, conditional discharge, or a lesser term of | ||||||
23 | imprisonment. The court must state on the record its reasons | ||||||
24 | for imposing probation, conditional discharge, or a lesser | ||||||
25 | term of imprisonment. | ||||||
26 | (c-2) If the defendant is sentenced to prison, other than |
| |||||||
| |||||||
1 | when a sentence of natural life imprisonment is imposed, at | ||||||
2 | the time the sentence is imposed the judge shall state on the | ||||||
3 | record in open court the approximate period of time the | ||||||
4 | defendant will serve in custody according to the then current | ||||||
5 | statutory rules and regulations for sentence credit found in | ||||||
6 | Section 3-6-3 and other related provisions of this Code. This | ||||||
7 | statement is intended solely to inform the public, has no | ||||||
8 | legal effect on the defendant's actual release, and may not be | ||||||
9 | relied on by the defendant on appeal. | ||||||
10 | The judge's statement, to be given after pronouncing the | ||||||
11 | sentence, other than when the sentence is imposed for one of | ||||||
12 | the offenses enumerated in paragraph (a)(4) of Section 3-6-3, | ||||||
13 | shall include the following: | ||||||
14 | "The purpose of this statement is to inform the public of | ||||||
15 | the actual period of time this defendant is likely to spend in | ||||||
16 | prison as a result of this sentence. The actual period of | ||||||
17 | prison time served is determined by the statutes of Illinois | ||||||
18 | as applied to this sentence by the Illinois Department of | ||||||
19 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
20 | case, assuming the defendant receives all of his or her | ||||||
21 | sentence credit, the period of estimated actual custody is ... | ||||||
22 | years and ... months, less up to 180 days additional earned | ||||||
23 | sentence credit. If the defendant, because of his or her own | ||||||
24 | misconduct or failure to comply with the institutional | ||||||
25 | regulations, does not receive those credits, the actual time | ||||||
26 | served in prison will be longer. The defendant may also |
| |||||||
| |||||||
1 | receive an additional one-half day sentence credit for each | ||||||
2 | day of participation in vocational, industry, substance abuse, | ||||||
3 | and educational programs as provided for by Illinois statute." | ||||||
4 | When the sentence is imposed for one of the offenses | ||||||
5 | enumerated in paragraph (a)(2) of Section 3-6-3, other than | ||||||
6 | first degree murder, and the offense was committed on or after | ||||||
7 | June 19, 1998, and when the sentence is imposed for reckless | ||||||
8 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
10 | offense was committed on or after January 1, 1999, and when the | ||||||
11 | sentence is imposed for aggravated driving under the influence | ||||||
12 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof as defined in | ||||||
14 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
15 | 11-501 of the Illinois Vehicle Code, and when the sentence is | ||||||
16 | imposed for aggravated arson if the offense was committed on | ||||||
17 | or after July 27, 2001 (the effective date of Public Act | ||||||
18 | 92-176), and when the sentence is imposed for aggravated | ||||||
19 | driving under the influence of alcohol, other drug or drugs, | ||||||
20 | or intoxicating compound or compounds, or any combination | ||||||
21 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
22 | subsection (d) of Section 11-501 of the Illinois Vehicle Code | ||||||
23 | committed on or after January 1, 2011 (the effective date of | ||||||
24 | Public Act 96-1230), the judge's statement, to be given after | ||||||
25 | pronouncing the sentence, shall include the following: | ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period of time this defendant is likely to spend in | ||||||
2 | prison as a result of this sentence. The actual period of | ||||||
3 | prison time served is determined by the statutes of Illinois | ||||||
4 | as applied to this sentence by the Illinois Department of | ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
6 | case, the defendant is entitled to no more than 4 1/2 days of | ||||||
7 | sentence credit for each month of his or her sentence of | ||||||
8 | imprisonment. Therefore, this defendant will serve at least | ||||||
9 | 85% of his or her sentence. Assuming the defendant receives 4 | ||||||
10 | 1/2 days credit for each month of his or her sentence, the | ||||||
11 | period of estimated actual custody is ... years and ... | ||||||
12 | months. If the defendant, because of his or her own misconduct | ||||||
13 | or failure to comply with the institutional regulations | ||||||
14 | receives lesser credit, the actual time served in prison will | ||||||
15 | be longer." | ||||||
16 | When a sentence of imprisonment is imposed for first | ||||||
17 | degree murder and the offense was committed on or after June | ||||||
18 | 19, 1998, the judge's statement, to be given after pronouncing | ||||||
19 | the sentence, shall include the following: | ||||||
20 | "The purpose of this statement is to inform the public of | ||||||
21 | the actual period of time this defendant is likely to spend in | ||||||
22 | prison as a result of this sentence. The actual period of | ||||||
23 | prison time served is determined by the statutes of Illinois | ||||||
24 | as applied to this sentence by the Illinois Department of | ||||||
25 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
26 | case, the defendant is not entitled to sentence credit. |
| |||||||
| |||||||
1 | Therefore, this defendant will serve 100% of his or her | ||||||
2 | sentence." | ||||||
3 | When the sentencing order recommends placement in a | ||||||
4 | substance abuse program for any offense that results in | ||||||
5 | incarceration in a Department of Corrections facility and the | ||||||
6 | crime was committed on or after September 1, 2003 (the | ||||||
7 | effective date of Public Act 93-354), the judge's statement, | ||||||
8 | in addition to any other judge's statement required under this | ||||||
9 | Section, to be given after pronouncing the sentence, shall | ||||||
10 | include the following: | ||||||
11 | "The purpose of this statement is to inform the public of | ||||||
12 | the actual period of time this defendant is likely to spend in | ||||||
13 | prison as a result of this sentence. The actual period of | ||||||
14 | prison time served is determined by the statutes of Illinois | ||||||
15 | as applied to this sentence by the Illinois Department of | ||||||
16 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
17 | case, the defendant shall receive no earned sentence credit | ||||||
18 | under clause (3) of subsection (a) of Section 3-6-3 until he or | ||||||
19 | she participates in and completes a substance abuse treatment | ||||||
20 | program or receives a waiver from the Director of Corrections | ||||||
21 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3." | ||||||
22 | (c-4) Before the sentencing hearing and as part of the | ||||||
23 | presentence investigation under Section 5-3-1, the court shall | ||||||
24 | inquire of the defendant whether the defendant is currently | ||||||
25 | serving in or is a veteran of the Armed Forces of the United | ||||||
26 | States. If the defendant is currently serving in the Armed |
| |||||||
| |||||||
1 | Forces of the United States or is a veteran of the Armed Forces | ||||||
2 | of the United States and has been diagnosed as having a mental | ||||||
3 | illness by a qualified psychiatrist or clinical psychologist | ||||||
4 | or physician, the court may: | ||||||
5 | (1) order that the officer preparing the presentence | ||||||
6 | report consult with the United States Department of | ||||||
7 | Veterans Affairs, Illinois Department of Veterans' | ||||||
8 | Affairs, or another agency or person with suitable | ||||||
9 | knowledge or experience for the purpose of providing the | ||||||
10 | court with information regarding treatment options | ||||||
11 | available to the defendant, including federal, State, and | ||||||
12 | local programming; and | ||||||
13 | (2) consider the treatment recommendations of any | ||||||
14 | diagnosing or treating mental health professionals | ||||||
15 | together with the treatment options available to the | ||||||
16 | defendant in imposing sentence. | ||||||
17 | For the purposes of this subsection (c-4), "qualified | ||||||
18 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
19 | to practice medicine in all its branches, who has specialized | ||||||
20 | in the diagnosis and treatment of mental and nervous disorders | ||||||
21 | for a period of not less than 5 years. | ||||||
22 | (c-6) In imposing a sentence, the trial judge shall | ||||||
23 | specify, on the record, the particular evidence and other | ||||||
24 | reasons which led to his or her determination that a motor | ||||||
25 | vehicle was used in the commission of the offense. | ||||||
26 | (c-7) (Blank). In imposing a sentence for a Class 3 or 4 |
| |||||||
| |||||||
1 | felony, other than a violent crime as defined in Section 3 of | ||||||
2 | the Rights of Crime Victims and Witnesses Act, the court shall | ||||||
3 | determine and indicate in the sentencing order whether the | ||||||
4 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
5 | or her sentence accounting for time served. | ||||||
6 | (d) When the defendant is committed to the Department of | ||||||
7 | Corrections, the State's Attorney shall and counsel for the | ||||||
8 | defendant may file a statement with the clerk of the court to | ||||||
9 | be transmitted to the department, agency or institution to | ||||||
10 | which the defendant is committed to furnish such department, | ||||||
11 | agency or institution with the facts and circumstances of the | ||||||
12 | offense for which the person was committed together with all | ||||||
13 | other factual information accessible to them in regard to the | ||||||
14 | person prior to his commitment relative to his habits, | ||||||
15 | associates, disposition and reputation and any other facts and | ||||||
16 | circumstances which may aid such department, agency or | ||||||
17 | institution during its custody of such person. The clerk shall | ||||||
18 | within 10 days after receiving any such statements transmit a | ||||||
19 | copy to such department, agency or institution and a copy to | ||||||
20 | the other party, provided, however, that this shall not be | ||||||
21 | cause for delay in conveying the person to the department, | ||||||
22 | agency or institution to which he has been committed. | ||||||
23 | (e) The clerk of the court shall transmit to the | ||||||
24 | department, agency or institution, if any, to which the | ||||||
25 | defendant is committed, the following: | ||||||
26 | (1) the sentence imposed; |
| |||||||
| |||||||
1 | (2) any statement by the court of the basis for | ||||||
2 | imposing the sentence; | ||||||
3 | (3) any presentence reports; | ||||||
4 | (3.3) the person's last known complete street address | ||||||
5 | prior to incarceration or legal residence, the person's | ||||||
6 | race, whether the person is of Hispanic or Latino origin, | ||||||
7 | and whether the person is 18 years of age or older; | ||||||
8 | (3.5) any sex offender evaluations; | ||||||
9 | (3.6) any substance abuse treatment eligibility | ||||||
10 | screening and assessment of the defendant by an agent | ||||||
11 | designated by the State of Illinois to provide assessment | ||||||
12 | services for the Illinois courts; | ||||||
13 | (4) the number of days, if any, which the defendant | ||||||
14 | has been in custody and for which he is entitled to credit | ||||||
15 | against the sentence, which information shall be provided | ||||||
16 | to the clerk by the sheriff; | ||||||
17 | (4.1) any finding of great bodily harm made by the | ||||||
18 | court with respect to an offense enumerated in subsection | ||||||
19 | (c-1); | ||||||
20 | (5) all statements filed under subsection (d) of this | ||||||
21 | Section; | ||||||
22 | (6) any medical or mental health records or summaries | ||||||
23 | of the defendant; | ||||||
24 | (7) the municipality where the arrest of the offender | ||||||
25 | or the commission of the offense has occurred, where such | ||||||
26 | municipality has a population of more than 25,000 persons; |
| |||||||
| |||||||
1 | (8) all statements made and evidence offered under | ||||||
2 | paragraph (7) of subsection (a) of this Section; and | ||||||
3 | (9) all additional matters which the court directs the | ||||||
4 | clerk to transmit. | ||||||
5 | (f) In cases in which the court finds that a motor vehicle | ||||||
6 | was used in the commission of the offense for which the | ||||||
7 | defendant is being sentenced, the clerk of the court shall, | ||||||
8 | within 5 days thereafter, forward a report of such conviction | ||||||
9 | to the Secretary of State. | ||||||
10 | (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24; | ||||||
11 | 103-51, eff. 1-1-24; revised 12-15-23.)
| ||||||
12 | (730 ILCS 5/5-4.5-95) | ||||||
13 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
14 | (a) HABITUAL CRIMINALS. | ||||||
15 | (1) Every person who has been twice convicted in any | ||||||
16 | state or federal court of an offense that contains the | ||||||
17 | same elements as an offense now (the date of the offense | ||||||
18 | committed after the 2 prior convictions) classified in | ||||||
19 | Illinois as a Class X felony, criminal sexual assault, | ||||||
20 | aggravated kidnapping, or first degree murder, and who is | ||||||
21 | thereafter convicted of a Class X felony, criminal sexual | ||||||
22 | assault, or first degree murder, committed after the 2 | ||||||
23 | prior convictions, shall be adjudged an habitual criminal. | ||||||
24 | (2) The 2 prior convictions need not have been for the | ||||||
25 | same offense. |
| |||||||
| |||||||
1 | (3) Any convictions that result from or are connected | ||||||
2 | with the same transaction, or result from offenses | ||||||
3 | committed at the same time, shall be counted for the | ||||||
4 | purposes of this Section as one conviction. | ||||||
5 | (4) This Section does not apply unless each of the | ||||||
6 | following requirements are satisfied: | ||||||
7 | (A) The third offense was committed after July 3, | ||||||
8 | 1980. | ||||||
9 | (B) The third offense was committed within 20 | ||||||
10 | years of the date that judgment was entered on the | ||||||
11 | first conviction; provided, however, that time spent | ||||||
12 | in custody shall not be counted. | ||||||
13 | (C) The third offense was committed after | ||||||
14 | conviction on the second offense. | ||||||
15 | (D) The second offense was committed after | ||||||
16 | conviction on the first offense. | ||||||
17 | (E) (Blank). The first offense was committed when | ||||||
18 | the person was 21 years of age or older. | ||||||
19 | (5) Anyone who , having attained the age of 18 at the | ||||||
20 | time of the third offense, is adjudged an habitual | ||||||
21 | criminal shall be sentenced to a term of natural life | ||||||
22 | imprisonment. | ||||||
23 | (6) A prior conviction shall not be alleged in the | ||||||
24 | indictment, and no evidence or other disclosure of that | ||||||
25 | conviction shall be presented to the court or the jury | ||||||
26 | during the trial of an offense set forth in this Section |
| |||||||
| |||||||
1 | unless otherwise permitted by the issues properly raised | ||||||
2 | in that trial. After a plea or verdict or finding of guilty | ||||||
3 | and before sentence is imposed, the prosecutor may file | ||||||
4 | with the court a verified written statement signed by the | ||||||
5 | State's Attorney concerning any former conviction of an | ||||||
6 | offense set forth in this Section rendered against the | ||||||
7 | defendant. The court shall then cause the defendant to be | ||||||
8 | brought before it; shall inform the defendant of the | ||||||
9 | allegations of the statement so filed, and of his or her | ||||||
10 | right to a hearing before the court on the issue of that | ||||||
11 | former conviction and of his or her right to counsel at | ||||||
12 | that hearing; and unless the defendant admits such | ||||||
13 | conviction, shall hear and determine the issue, and shall | ||||||
14 | make a written finding thereon. If a sentence has | ||||||
15 | previously been imposed, the court may vacate that | ||||||
16 | sentence and impose a new sentence in accordance with this | ||||||
17 | Section. | ||||||
18 | (7) A duly authenticated copy of the record of any | ||||||
19 | alleged former conviction of an offense set forth in this | ||||||
20 | Section shall be prima facie evidence of that former | ||||||
21 | conviction; and a duly authenticated copy of the record of | ||||||
22 | the defendant's final release or discharge from probation | ||||||
23 | granted, or from sentence and parole supervision (if any) | ||||||
24 | imposed pursuant to that former conviction, shall be prima | ||||||
25 | facie evidence of that release or discharge. | ||||||
26 | (8) Any claim that a previous conviction offered by |
| |||||||
| |||||||
1 | the prosecution is not a former conviction of an offense | ||||||
2 | set forth in this Section because of the existence of any | ||||||
3 | exceptions described in this Section, is waived unless | ||||||
4 | duly raised at the hearing on that conviction, or unless | ||||||
5 | the prosecution's proof shows the existence of the | ||||||
6 | exceptions described in this Section. | ||||||
7 | (9) If the person so convicted shows to the | ||||||
8 | satisfaction of the court before whom that conviction was | ||||||
9 | had that he or she was released from imprisonment, upon | ||||||
10 | either of the sentences upon a pardon granted for the | ||||||
11 | reason that he or she was innocent, that conviction and | ||||||
12 | sentence shall not be considered under this Section. | ||||||
13 | (b) When a defendant, over the age of 21 years, is | ||||||
14 | convicted of a Class 1 or Class 2 forcible felony , except for | ||||||
15 | an offense listed in subsection (c-5) of this Section, after | ||||||
16 | having twice been convicted in any state or federal court of an | ||||||
17 | offense that contains the same elements as an offense now (the | ||||||
18 | date the Class 1 or Class 2 forcible felony was committed) | ||||||
19 | classified in Illinois as a Class 2 or greater Class forcible | ||||||
20 | felony , except for an offense listed in subsection (c-5) of | ||||||
21 | this Section, and those charges are separately brought and | ||||||
22 | tried and arise out of different series of acts, that | ||||||
23 | defendant shall be sentenced as a Class X offender. This | ||||||
24 | subsection does not apply unless: | ||||||
25 | (1) the first forcible felony was committed after | ||||||
26 | February 1, 1978 (the effective date of Public Act |
| |||||||
| |||||||
1 | 80-1099); | ||||||
2 | (2) the second forcible felony was committed after | ||||||
3 | conviction on the first; | ||||||
4 | (3) the third forcible felony was committed after | ||||||
5 | conviction on the second; and | ||||||
6 | (4) (blank). the first offense was committed when the | ||||||
7 | person was 21 years of age or older. | ||||||
8 | (c) (Blank). | ||||||
9 | (c-5) Subsection (b) of this Section does not apply to | ||||||
10 | Class 1 or Class 2 felony convictions for a violation of | ||||||
11 | Section 16-1 of the Criminal Code of 2012. | ||||||
12 | A person sentenced as a Class X offender under this | ||||||
13 | subsection (b) is not eligible to apply for treatment as a | ||||||
14 | condition of probation as provided by Section 40-10 of the | ||||||
15 | Substance Use Disorder Act (20 ILCS 301/40-10). | ||||||
16 | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | ||||||
17 | 101-652, eff. 7-1-21 .)
| ||||||
18 | (730 ILCS 5/5-4.5-100) | ||||||
19 | Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||||||
20 | (a) COMMENCEMENT. A sentence of imprisonment shall | ||||||
21 | commence on the date on which the offender is received by the | ||||||
22 | Department or the institution at which the sentence is to be | ||||||
23 | served. | ||||||
24 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||||||
25 | forth in subsection (e), the offender shall be given credit on |
| |||||||
| |||||||
1 | the determinate sentence or maximum term and the minimum | ||||||
2 | period of imprisonment for the number of days spent in custody | ||||||
3 | as a result of the offense for which the sentence was imposed. | ||||||
4 | The Department shall calculate the credit at the rate | ||||||
5 | specified in Section 3-6-3 (730 ILCS 5/3-6-3) . Except when | ||||||
6 | prohibited by subsection (d-5), the The trial court shall give | ||||||
7 | credit to the defendant for time spent in home detention on the | ||||||
8 | same sentencing terms as incarceration as provided in Section | ||||||
9 | 5-8A-3 (730 ILCS 5/5-8A-3) . Home detention for purposes of | ||||||
10 | credit includes restrictions on liberty such as curfews | ||||||
11 | restricting movement for 12 hours or more per day and | ||||||
12 | electronic monitoring that restricts travel or movement. | ||||||
13 | Electronic monitoring is not required for home detention to be | ||||||
14 | considered custodial for purposes of sentencing credit. The | ||||||
15 | trial court may give credit to the defendant for the number of | ||||||
16 | days spent confined for psychiatric or substance abuse | ||||||
17 | treatment prior to judgment, if the court finds that the | ||||||
18 | detention or confinement was custodial. | ||||||
19 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
20 | arrested on one charge and prosecuted on another charge for | ||||||
21 | conduct that occurred prior to his or her arrest shall be given | ||||||
22 | credit on the determinate sentence or maximum term and the | ||||||
23 | minimum term of imprisonment for time spent in custody under | ||||||
24 | the former charge not credited against another sentence. | ||||||
25 | (c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||||||
26 | defendant credit for successfully completing county |
| |||||||
| |||||||
1 | programming while in custody prior to imposition of sentence | ||||||
2 | at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3) . For | ||||||
3 | the purposes of this subsection, "custody" includes time spent | ||||||
4 | in home detention. | ||||||
5 | (d) (Blank). | ||||||
6 | (d-5) NO CREDIT; SOME HOME DETENTION. An offender | ||||||
7 | sentenced to a term of imprisonment for an offense listed in | ||||||
8 | paragraph (2) of subsection (c) of Section 5-5-3 or in | ||||||
9 | paragraph (3) of subsection (c-1) of Section 11-501 of the | ||||||
10 | Illinois Vehicle Code shall not receive credit for time spent | ||||||
11 | in home detention prior to judgment. | ||||||
12 | (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||||||
13 | RELEASE, OR PROBATION. An offender charged with the commission | ||||||
14 | of an offense committed while on parole, mandatory supervised | ||||||
15 | release, or probation shall not be given credit for time spent | ||||||
16 | in custody under subsection (b) for that offense for any time | ||||||
17 | spent in custody as a result of a revocation of parole, | ||||||
18 | mandatory supervised release, or probation where such | ||||||
19 | revocation is based on a sentence imposed for a previous | ||||||
20 | conviction, regardless of the facts upon which the revocation | ||||||
21 | of parole, mandatory supervised release, or probation is | ||||||
22 | based, unless both the State and the defendant agree that the | ||||||
23 | time served for a violation of mandatory supervised release, | ||||||
24 | parole, or probation shall be credited towards the sentence | ||||||
25 | for the current offense. | ||||||
26 | (Source: P.A. 101-652, eff. 7-1-21 .)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
2 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
3 | use of a firearm; mandatory supervised release terms. | ||||||
4 | (a) Except as otherwise provided in the statute defining | ||||||
5 | the offense or in Article 4.5 of Chapter V, a sentence of | ||||||
6 | imprisonment for a felony shall be a determinate sentence set | ||||||
7 | by the court under this Section, subject to Section 5-4.5-115 | ||||||
8 | of this Code, according to the following limitations: | ||||||
9 | (1) for first degree murder, | ||||||
10 | (a) (blank), | ||||||
11 | (b) if a trier of fact finds beyond a reasonable | ||||||
12 | doubt that the murder was accompanied by exceptionally | ||||||
13 | brutal or heinous behavior indicative of wanton | ||||||
14 | cruelty or, except as set forth in subsection | ||||||
15 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
16 | factors listed in subparagraph (b-5) are present, the | ||||||
17 | court may sentence the defendant, subject to Section | ||||||
18 | 5-4.5-105, to a term of natural life imprisonment, or | ||||||
19 | (b-5) A defendant who at the time of the | ||||||
20 | commission of the offense has attained the age of 18 or | ||||||
21 | more and who has been found guilty of first degree | ||||||
22 | murder may be sentenced to a term of natural life | ||||||
23 | imprisonment if: | ||||||
24 | (1) the murdered individual was an inmate at | ||||||
25 | an institution or facility of the Department of |
| |||||||
| |||||||
1 | Corrections, or any similar local correctional | ||||||
2 | agency and was killed on the grounds thereof, or | ||||||
3 | the murdered individual was otherwise present in | ||||||
4 | such institution or facility with the knowledge | ||||||
5 | and approval of the chief administrative officer | ||||||
6 | thereof; | ||||||
7 | (2) the murdered individual was killed as a | ||||||
8 | result of the hijacking of an airplane, train, | ||||||
9 | ship, bus, or other public conveyance; | ||||||
10 | (3) the defendant committed the murder | ||||||
11 | pursuant to a contract, agreement, or | ||||||
12 | understanding by which he or she was to receive | ||||||
13 | money or anything of value in return for | ||||||
14 | committing the murder or procured another to | ||||||
15 | commit the murder for money or anything of value; | ||||||
16 | (4) the murdered individual was killed in the | ||||||
17 | course of another felony if: | ||||||
18 | (A) the murdered individual: | ||||||
19 | (i) was actually killed by the | ||||||
20 | defendant, or | ||||||
21 | (ii) received physical injuries | ||||||
22 | personally inflicted by the defendant | ||||||
23 | substantially contemporaneously with | ||||||
24 | physical injuries caused by one or more | ||||||
25 | persons for whose conduct the defendant is | ||||||
26 | legally accountable under Section 5-2 of |
| |||||||
| |||||||
1 | this Code, and the physical injuries | ||||||
2 | inflicted by either the defendant or the | ||||||
3 | other person or persons for whose conduct | ||||||
4 | he is legally accountable caused the death | ||||||
5 | of the murdered individual; and (B) in | ||||||
6 | performing the acts which caused the death | ||||||
7 | of the murdered individual or which | ||||||
8 | resulted in physical injuries personally | ||||||
9 | inflicted by the defendant on the murdered | ||||||
10 | individual under the circumstances of | ||||||
11 | subdivision (ii) of clause (A) of this | ||||||
12 | clause (4), the defendant acted with the | ||||||
13 | intent to kill the murdered individual or | ||||||
14 | with the knowledge that his or her acts | ||||||
15 | created a strong probability of death or | ||||||
16 | great bodily harm to the murdered | ||||||
17 | individual or another; and | ||||||
18 | (B) in performing the acts which caused | ||||||
19 | the death of the murdered individual or which | ||||||
20 | resulted in physical injuries personally | ||||||
21 | inflicted by the defendant on the murdered | ||||||
22 | individual under the circumstances of | ||||||
23 | subdivision (ii) of clause (A) of this clause | ||||||
24 | (4), the defendant acted with the intent to | ||||||
25 | kill the murdered individual or with the | ||||||
26 | knowledge that his or her acts created a |
| |||||||
| |||||||
1 | strong probability of death or great bodily | ||||||
2 | harm to the murdered individual or another; | ||||||
3 | and | ||||||
4 | (C) the other felony was an inherently | ||||||
5 | violent crime or the attempt to commit an | ||||||
6 | inherently violent crime. In this clause (C), | ||||||
7 | "inherently violent crime" includes, but is | ||||||
8 | not limited to, armed robbery, robbery, | ||||||
9 | predatory criminal sexual assault of a child, | ||||||
10 | aggravated criminal sexual assault, aggravated | ||||||
11 | kidnapping, aggravated vehicular hijacking, | ||||||
12 | aggravated arson, aggravated stalking, | ||||||
13 | residential burglary, and home invasion; | ||||||
14 | (5) the defendant committed the murder with | ||||||
15 | intent to prevent the murdered individual from | ||||||
16 | testifying or participating in any criminal | ||||||
17 | investigation or prosecution or giving material | ||||||
18 | assistance to the State in any investigation or | ||||||
19 | prosecution, either against the defendant or | ||||||
20 | another; or the defendant committed the murder | ||||||
21 | because the murdered individual was a witness in | ||||||
22 | any prosecution or gave material assistance to the | ||||||
23 | State in any investigation or prosecution, either | ||||||
24 | against the defendant or another; for purposes of | ||||||
25 | this clause (5), "participating in any criminal | ||||||
26 | investigation or prosecution" is intended to |
| |||||||
| |||||||
1 | include those appearing in the proceedings in any | ||||||
2 | capacity such as trial judges, prosecutors, | ||||||
3 | defense attorneys, investigators, witnesses, or | ||||||
4 | jurors; | ||||||
5 | (6) the defendant, while committing an offense | ||||||
6 | punishable under Section 401, 401.1, 401.2, 405, | ||||||
7 | 405.2, 407 or 407.1 or subsection (b) of Section | ||||||
8 | 404 of the Illinois Controlled Substances Act, or | ||||||
9 | while engaged in a conspiracy or solicitation to | ||||||
10 | commit such offense, intentionally killed an | ||||||
11 | individual or counseled, commanded, induced, | ||||||
12 | procured or caused the intentional killing of the | ||||||
13 | murdered individual; | ||||||
14 | (7) the defendant was incarcerated in an | ||||||
15 | institution or facility of the Department of | ||||||
16 | Corrections at the time of the murder, and while | ||||||
17 | committing an offense punishable as a felony under | ||||||
18 | Illinois law, or while engaged in a conspiracy or | ||||||
19 | solicitation to commit such offense, intentionally | ||||||
20 | killed an individual or counseled, commanded, | ||||||
21 | induced, procured or caused the intentional | ||||||
22 | killing of the murdered individual; | ||||||
23 | (8) the murder was committed in a cold, | ||||||
24 | calculated and premeditated manner pursuant to a | ||||||
25 | preconceived plan, scheme or design to take a | ||||||
26 | human life by unlawful means, and the conduct of |
| |||||||
| |||||||
1 | the defendant created a reasonable expectation | ||||||
2 | that the death of a human being would result | ||||||
3 | therefrom; | ||||||
4 | (9) the defendant was a principal | ||||||
5 | administrator, organizer, or leader of a | ||||||
6 | calculated criminal drug conspiracy consisting of | ||||||
7 | a hierarchical position of authority superior to | ||||||
8 | that of all other members of the conspiracy, and | ||||||
9 | the defendant counseled, commanded, induced, | ||||||
10 | procured, or caused the intentional killing of the | ||||||
11 | murdered person; | ||||||
12 | (10) the murder was intentional and involved | ||||||
13 | the infliction of torture. For the purpose of this | ||||||
14 | clause (10), torture means the infliction of or | ||||||
15 | subjection to extreme physical pain, motivated by | ||||||
16 | an intent to increase or prolong the pain, | ||||||
17 | suffering or agony of the victim; | ||||||
18 | (11) the murder was committed as a result of | ||||||
19 | the intentional discharge of a firearm by the | ||||||
20 | defendant from a motor vehicle and the victim was | ||||||
21 | not present within the motor vehicle; | ||||||
22 | (12) the murdered individual was a person with | ||||||
23 | a disability and the defendant knew or should have | ||||||
24 | known that the murdered individual was a person | ||||||
25 | with a disability. For purposes of this clause | ||||||
26 | (12), "person with a disability" means a person |
| |||||||
| |||||||
1 | who suffers from a permanent physical or mental | ||||||
2 | impairment resulting from disease, an injury, a | ||||||
3 | functional disorder, or a congenital condition | ||||||
4 | that renders the person incapable of adequately | ||||||
5 | providing for his or her own health or personal | ||||||
6 | care; | ||||||
7 | (13) the murdered individual was subject to an | ||||||
8 | order of protection and the murder was committed | ||||||
9 | by a person against whom the same order of | ||||||
10 | protection was issued under the Illinois Domestic | ||||||
11 | Violence Act of 1986; | ||||||
12 | (14) the murdered individual was known by the | ||||||
13 | defendant to be a teacher or other person employed | ||||||
14 | in any school and the teacher or other employee is | ||||||
15 | upon the grounds of a school or grounds adjacent | ||||||
16 | to a school, or is in any part of a building used | ||||||
17 | for school purposes; | ||||||
18 | (15) the murder was committed by the defendant | ||||||
19 | in connection with or as a result of the offense of | ||||||
20 | terrorism as defined in Section 29D-14.9 of this | ||||||
21 | Code; | ||||||
22 | (16) the murdered individual was a member of a | ||||||
23 | congregation engaged in prayer or other religious | ||||||
24 | activities at a church, synagogue, mosque, or | ||||||
25 | other building, structure, or place used for | ||||||
26 | religious worship; or |
| |||||||
| |||||||
1 | (17)(i) the murdered individual was a | ||||||
2 | physician, physician assistant, psychologist, | ||||||
3 | nurse, or advanced practice registered nurse; | ||||||
4 | (ii) the defendant knew or should have known | ||||||
5 | that the murdered individual was a physician, | ||||||
6 | physician assistant, psychologist, nurse, or | ||||||
7 | advanced practice registered nurse; and | ||||||
8 | (iii) the murdered individual was killed in | ||||||
9 | the course of acting in his or her capacity as a | ||||||
10 | physician, physician assistant, psychologist, | ||||||
11 | nurse, or advanced practice registered nurse, or | ||||||
12 | to prevent him or her from acting in that | ||||||
13 | capacity, or in retaliation for his or her acting | ||||||
14 | in that capacity. | ||||||
15 | (c) the court shall sentence the defendant to a | ||||||
16 | term of natural life imprisonment if the defendant, at | ||||||
17 | the time of the commission of the murder, had attained | ||||||
18 | the age of 18, and: | ||||||
19 | (i) has previously been convicted of first | ||||||
20 | degree murder under any state or federal law, or | ||||||
21 | (ii) is found guilty of murdering more than | ||||||
22 | one victim, or | ||||||
23 | (iii) is found guilty of murdering a peace | ||||||
24 | officer, fireman, or emergency management worker | ||||||
25 | when the peace officer, fireman, or emergency | ||||||
26 | management worker was killed in the course of |
| |||||||
| |||||||
1 | performing his official duties, or to prevent the | ||||||
2 | peace officer or fireman from performing his | ||||||
3 | official duties, or in retaliation for the peace | ||||||
4 | officer, fireman, or emergency management worker | ||||||
5 | from performing his official duties, and the | ||||||
6 | defendant knew or should have known that the | ||||||
7 | murdered individual was a peace officer, fireman, | ||||||
8 | or emergency management worker, or | ||||||
9 | (iv) is found guilty of murdering an employee | ||||||
10 | of an institution or facility of the Department of | ||||||
11 | Corrections, or any similar local correctional | ||||||
12 | agency, when the employee was killed in the course | ||||||
13 | of performing his official duties, or to prevent | ||||||
14 | the employee from performing his official duties, | ||||||
15 | or in retaliation for the employee performing his | ||||||
16 | official duties, or | ||||||
17 | (v) is found guilty of murdering an emergency | ||||||
18 | medical technician - ambulance, emergency medical | ||||||
19 | technician - intermediate, emergency medical | ||||||
20 | technician - paramedic, ambulance driver or other | ||||||
21 | medical assistance or first aid person while | ||||||
22 | employed by a municipality or other governmental | ||||||
23 | unit when the person was killed in the course of | ||||||
24 | performing official duties or to prevent the | ||||||
25 | person from performing official duties or in | ||||||
26 | retaliation for performing official duties and the |
| |||||||
| |||||||
1 | defendant knew or should have known that the | ||||||
2 | murdered individual was an emergency medical | ||||||
3 | technician - ambulance, emergency medical | ||||||
4 | technician - intermediate, emergency medical | ||||||
5 | technician - paramedic, ambulance driver, or other | ||||||
6 | medical assistant or first aid personnel, or | ||||||
7 | (vi) (blank), or | ||||||
8 | (vii) is found guilty of first degree murder | ||||||
9 | and the murder was committed by reason of any | ||||||
10 | person's activity as a community policing | ||||||
11 | volunteer or to prevent any person from engaging | ||||||
12 | in activity as a community policing volunteer. For | ||||||
13 | the purpose of this Section, "community policing | ||||||
14 | volunteer" has the meaning ascribed to it in | ||||||
15 | Section 2-3.5 of the Criminal Code of 2012. | ||||||
16 | For purposes of clause (v), "emergency medical | ||||||
17 | technician - ambulance", "emergency medical technician - | ||||||
18 | intermediate", "emergency medical technician - | ||||||
19 | paramedic", have the meanings ascribed to them in the | ||||||
20 | Emergency Medical Services (EMS) Systems Act. | ||||||
21 | (d)(i) if the person committed the offense while | ||||||
22 | armed with a firearm, 15 years shall be added to | ||||||
23 | the term of imprisonment imposed by the court; | ||||||
24 | (ii) if, during the commission of the offense, the | ||||||
25 | person personally discharged a firearm, 20 years shall | ||||||
26 | be added to the term of imprisonment imposed by the |
| |||||||
| |||||||
1 | court; | ||||||
2 | (iii) if, during the commission of the offense, | ||||||
3 | the person personally discharged a firearm that | ||||||
4 | proximately caused great bodily harm, permanent | ||||||
5 | disability, permanent disfigurement, or death to | ||||||
6 | another person, 25 years or up to a term of natural | ||||||
7 | life shall be added to the term of imprisonment | ||||||
8 | imposed by the court. | ||||||
9 | (2) (blank); | ||||||
10 | (2.5) for a person who has attained the age of 18 years | ||||||
11 | at the time of the commission of the offense and who is | ||||||
12 | convicted under the circumstances described in subdivision | ||||||
13 | (b)(1)(B) of Section 11-1.20 or paragraph (3) of | ||||||
14 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
15 | Section 11-1.30 or paragraph (2) of subsection (d) of | ||||||
16 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
17 | paragraph (1.2) of subsection (b) of Section 12-14.1, | ||||||
18 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
19 | subsection (b) of Section 12-14.1 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
21 | term of natural life imprisonment. | ||||||
22 | (b) (Blank). | ||||||
23 | (c) (Blank). | ||||||
24 | (d) Subject to earlier termination under Section 3-3-8, | ||||||
25 | the parole or mandatory supervised release term shall be | ||||||
26 | written as part of the sentencing order and shall be as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (1) for first degree murder or a Class X felony except | ||||||
3 | for the offenses of predatory criminal sexual assault of a | ||||||
4 | child, aggravated criminal sexual assault, and criminal | ||||||
5 | sexual assault and except for the offense of aggravated | ||||||
6 | child pornography under Section 11-20.1B, 11-20.3, or | ||||||
7 | 11-20.1 with sentencing under subsection (c-5) of Section | ||||||
8 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
9 | of 2012, if committed on or after January 1, 2009, 3 years; | ||||||
10 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
11 | the offense of criminal sexual assault and except for the | ||||||
12 | offenses of manufacture and dissemination of child | ||||||
13 | pornography under clauses (a)(1) and (a)(2) of Section | ||||||
14 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012, if committed on or after January 1, 2009, 2 years; | ||||||
16 | (3) for a Class 3 felony or a Class 4 felony, 1 year; | ||||||
17 | (4) for defendants who commit the offense of predatory | ||||||
18 | criminal sexual assault of a child, aggravated criminal | ||||||
19 | sexual assault, or criminal sexual assault, on or after | ||||||
20 | December 13, 2005 (the effective date of Public Act | ||||||
21 | 94-715), or who commit the offense of aggravated child | ||||||
22 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
23 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | manufacture of child pornography, or dissemination of | ||||||
26 | child pornography after January 1, 2009, the term of |
| |||||||
| |||||||
1 | mandatory supervised release shall range from a minimum of | ||||||
2 | 3 years to a maximum of the natural life of the defendant; | ||||||
3 | (5) if the victim is under 18 years of age, for a | ||||||
4 | second or subsequent offense of aggravated criminal sexual | ||||||
5 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
6 | the first 2 years of which the defendant shall serve in an | ||||||
7 | electronic monitoring or home detention program under | ||||||
8 | Article 8A of Chapter V of this Code; | ||||||
9 | (6) for a felony domestic battery, aggravated domestic | ||||||
10 | battery, stalking, aggravated stalking, and a felony | ||||||
11 | violation of an order of protection, 4 years. | ||||||
12 | Subject to earlier termination under Section 3-3-8, the parole | ||||||
13 | or mandatory supervised release term shall be written as part | ||||||
14 | of the sentencing order and shall be as follows: | ||||||
15 | (1) for first degree murder or for the offenses of | ||||||
16 | predatory criminal sexual assault of a child, aggravated | ||||||
17 | criminal sexual assault, and criminal sexual assault if | ||||||
18 | committed on or before December 12, 2005, 3 years; | ||||||
19 | (1.5) except as provided in paragraph (7) of this | ||||||
20 | subsection (d), for a Class X felony except for the | ||||||
21 | offenses of predatory criminal sexual assault of a child, | ||||||
22 | aggravated criminal sexual assault, and criminal sexual | ||||||
23 | assault if committed on or after December 13, 2005 (the | ||||||
24 | effective date of Public Act 94-715) and except for the | ||||||
25 | offense of aggravated child pornography under Section | ||||||
26 | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under |
| |||||||
| |||||||
1 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
2 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
3 | after January 1, 2009, 18 months; | ||||||
4 | (2) except as provided in paragraph (7) of this | ||||||
5 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
6 | except for the offense of criminal sexual assault if | ||||||
7 | committed on or after December 13, 2005 (the effective | ||||||
8 | date of Public Act 94-715) and except for the offenses of | ||||||
9 | manufacture and dissemination of child pornography under | ||||||
10 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
12 | committed on or after January 1, 2009, 12 months; | ||||||
13 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
14 | of this subsection (d), for a Class 3 felony or a Class 4 | ||||||
15 | felony, 6 months; no later than 45 days after the onset of | ||||||
16 | the term of mandatory supervised release, the Prisoner | ||||||
17 | Review Board shall conduct a discretionary discharge | ||||||
18 | review pursuant to the provisions of Section 3-3-8, which | ||||||
19 | shall include the results of a standardized risk and needs | ||||||
20 | assessment tool administered by the Department of | ||||||
21 | Corrections; the changes to this paragraph (3) made by | ||||||
22 | this amendatory Act of the 102nd General Assembly apply to | ||||||
23 | all individuals released on mandatory supervised release | ||||||
24 | on or after the effective date of this amendatory Act of | ||||||
25 | the 102nd General Assembly, including those individuals | ||||||
26 | whose sentences were imposed prior to the effective date |
| |||||||
| |||||||
1 | of this amendatory Act of the 102nd General Assembly; | ||||||
2 | (4) for defendants who commit the offense of predatory | ||||||
3 | criminal sexual assault of a child, aggravated criminal | ||||||
4 | sexual assault, or criminal sexual assault, on or after | ||||||
5 | December 13, 2005 (the effective date of Public Act | ||||||
6 | 94-715), or who commit the offense of aggravated child | ||||||
7 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
8 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | manufacture of child pornography, or dissemination of | ||||||
11 | child pornography after January 1, 2009, the term of | ||||||
12 | mandatory supervised release shall range from a minimum of | ||||||
13 | 3 years to a maximum of the natural life of the defendant; | ||||||
14 | (5) if the victim is under 18 years of age, for a | ||||||
15 | second or subsequent offense of aggravated criminal sexual | ||||||
16 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
17 | the first 2 years of which the defendant shall serve in an | ||||||
18 | electronic monitoring or home detention program under | ||||||
19 | Article 8A of Chapter V of this Code; | ||||||
20 | (6) for a felony domestic battery, aggravated domestic | ||||||
21 | battery, stalking, aggravated stalking, and a felony | ||||||
22 | violation of an order of protection, 4 years; | ||||||
23 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
24 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
25 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
26 | 3-6-3 of the Unified Code of Corrections requiring an |
| |||||||
| |||||||
1 | inmate to serve a minimum of 85% of their court-imposed | ||||||
2 | sentence, except for the offenses of predatory criminal | ||||||
3 | sexual assault of a child, aggravated criminal sexual | ||||||
4 | assault, and criminal sexual assault if committed on or | ||||||
5 | after December 13, 2005 (the effective date of Public Act | ||||||
6 | 94-715) and except for the offense of aggravated child | ||||||
7 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
8 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | if committed on or after January 1, 2009 and except as | ||||||
11 | provided in paragraph (4) or paragraph (6) of this | ||||||
12 | subsection (d), the term of mandatory supervised release | ||||||
13 | shall be as follows: | ||||||
14 | (A) Class X felony, 3 years; | ||||||
15 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
16 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
17 | (e) (Blank). | ||||||
18 | (f) (Blank). | ||||||
19 | (g) Notwithstanding any other provisions of this Act and | ||||||
20 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
21 | subsection (d) are effective on July 1, 2022 and shall apply to | ||||||
22 | all individuals convicted on or after the effective date of | ||||||
23 | paragraph (3) of subsection (d); and (ii) the provisions of | ||||||
24 | paragraphs (1.5) and (2) of subsection (d) are effective on | ||||||
25 | July 1, 2021 and shall apply to all individuals convicted on or | ||||||
26 | after the effective date of paragraphs (1.5) and (2) of |
| |||||||
| |||||||
1 | subsection (d). | ||||||
2 | (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; | ||||||
3 | 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. | ||||||
4 | 1-1-24 .)
| ||||||
5 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) | ||||||
6 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
7 | imprisonment. | ||||||
8 | (a) Concurrent terms; multiple or additional sentences. | ||||||
9 | When an Illinois court (i) imposes multiple sentences of | ||||||
10 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
11 | sentence of imprisonment on a defendant who is already subject | ||||||
12 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
13 | court of another state, or a federal court, then the sentences | ||||||
14 | shall run concurrently unless otherwise determined by the | ||||||
15 | Illinois court under this Section. | ||||||
16 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
17 | serving a sentence for a misdemeanor who is convicted of a | ||||||
18 | felony and sentenced to imprisonment shall be transferred to | ||||||
19 | the Department of Corrections, and the misdemeanor sentence | ||||||
20 | shall be merged in and run concurrently with the felony | ||||||
21 | sentence. | ||||||
22 | (c) Consecutive terms; permissive. The court may impose | ||||||
23 | consecutive sentences in any of the following circumstances: | ||||||
24 | (1) If, having regard to the nature and circumstances | ||||||
25 | of the offense and the history and character of the |
| |||||||
| |||||||
1 | defendant, it is the opinion of the court that consecutive | ||||||
2 | sentences are required to protect the public from further | ||||||
3 | criminal conduct by the defendant, the basis for which the | ||||||
4 | court shall set forth in the record. | ||||||
5 | (2) If one of the offenses for which a defendant was | ||||||
6 | convicted was a violation of Section 32-5.2 (aggravated | ||||||
7 | false personation of a peace officer) of the Criminal Code | ||||||
8 | of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
9 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
11 | offense was committed in attempting or committing a | ||||||
12 | forcible felony. | ||||||
13 | (3) If a person charged with a felony commits a | ||||||
14 | separate felony while on pretrial release or in pretrial | ||||||
15 | detention in a county jail facility or county detention | ||||||
16 | facility, then the sentences imposed upon conviction of | ||||||
17 | these felonies may be served consecutively regardless of | ||||||
18 | the order in which the judgments of conviction are | ||||||
19 | entered. | ||||||
20 | (4) If a person commits a battery against a county | ||||||
21 | correctional officer or sheriff's employee while serving a | ||||||
22 | sentence or in pretrial detention in a county jail | ||||||
23 | facility, then the sentence imposed upon conviction of the | ||||||
24 | battery may be served consecutively with the sentence | ||||||
25 | imposed upon conviction of the earlier misdemeanor or | ||||||
26 | felony, regardless of the order in which the judgments of |
| |||||||
| |||||||
1 | conviction are entered. | ||||||
2 | (5) If a person admitted to pretrial release following | ||||||
3 | conviction of a felony commits a separate felony while | ||||||
4 | released pretrial or if a person detained in a county jail | ||||||
5 | facility or county detention facility following conviction | ||||||
6 | of a felony commits a separate felony while in detention, | ||||||
7 | then any sentence following conviction of the separate | ||||||
8 | felony may be consecutive to that of the original sentence | ||||||
9 | for which the defendant was released pretrial or detained. | ||||||
10 | (6) If a person is found to be in possession of an item | ||||||
11 | of contraband, as defined in Section 31A-0.1 of the | ||||||
12 | Criminal Code of 2012, while serving a sentence in a | ||||||
13 | county jail or while in pretrial detention in a county | ||||||
14 | jail, the sentence imposed upon conviction for the offense | ||||||
15 | of possessing contraband in a penal institution may be | ||||||
16 | served consecutively to the sentence imposed for the | ||||||
17 | offense for which the person is serving a sentence in the | ||||||
18 | county jail or while in pretrial detention, regardless of | ||||||
19 | the order in which the judgments of conviction are | ||||||
20 | entered. | ||||||
21 | (7) If a person is sentenced for a violation of a | ||||||
22 | condition of pretrial release under Section 32-10 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012, any | ||||||
24 | sentence imposed for that violation may be served | ||||||
25 | consecutive to the sentence imposed for the charge for | ||||||
26 | which pretrial release had been granted and with respect |
| |||||||
| |||||||
1 | to which the defendant has been convicted. | ||||||
2 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
3 | consecutive sentences in each of the following circumstances: | ||||||
4 | (1) One of the offenses for which the defendant was | ||||||
5 | convicted was first degree murder or a Class X or Class 1 | ||||||
6 | felony and the defendant inflicted severe bodily injury. | ||||||
7 | (2) The defendant was convicted of a violation of | ||||||
8 | Section 11-1.20 or 12-13 (criminal sexual assault), | ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
10 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
11 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
13 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
14 | 5/12-14.1). | ||||||
15 | (2.5) The defendant was convicted of a violation of | ||||||
16 | paragraph (1), (2), (3), (4), (5), or (7) of subsection | ||||||
17 | (a) of Section 11-20.1 (child pornography) or of paragraph | ||||||
18 | (1), (2), (3), (4), (5), or (7) of subsection (a) of | ||||||
19 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
20 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
21 | or the defendant was convicted of a violation of paragraph | ||||||
22 | (6) of subsection (a) of Section 11-20.1 (child | ||||||
23 | pornography) or of paragraph (6) of subsection (a) of | ||||||
24 | Section 11-20.1B or 11-20.3 (aggravated child pornography) | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | when the child depicted is under the age of 13. |
| |||||||
| |||||||
1 | (3) The defendant was convicted of armed violence | ||||||
2 | based upon the predicate offense of any of the following: | ||||||
3 | solicitation of murder, solicitation of murder for hire, | ||||||
4 | heinous battery as described in Section 12-4.1 or | ||||||
5 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
6 | of a senior citizen as described in Section 12-4.6 or | ||||||
7 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
8 | assault, a violation of subsection (g) of Section 5 of the | ||||||
9 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
10 | trafficking, a violation of subsection (a) of Section 401 | ||||||
11 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
12 | 570/401), controlled substance trafficking involving a | ||||||
13 | Class X felony amount of controlled substance under | ||||||
14 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
15 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
16 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
17 | criminal drug conspiracy, or streetgang criminal drug | ||||||
18 | conspiracy. | ||||||
19 | (4) The defendant was convicted of the offense of | ||||||
20 | leaving the scene of a motor vehicle crash involving death | ||||||
21 | or personal injuries under Section 11-401 of the Illinois | ||||||
22 | Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
23 | aggravated driving under the influence of alcohol, other | ||||||
24 | drug or drugs, or intoxicating compound or compounds, or | ||||||
25 | any combination thereof under Section 11-501 of the | ||||||
26 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless |
| |||||||
| |||||||
1 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
3 | offense described in item (A) and an offense described in | ||||||
4 | item (B). | ||||||
5 | (5) The defendant was convicted of a violation of | ||||||
6 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
7 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
8 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
9 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
10 | (5.5) The defendant was convicted of a violation of | ||||||
11 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
12 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012. | ||||||
14 | (6) If the defendant was in the custody of the | ||||||
15 | Department of Corrections at the time of the commission of | ||||||
16 | the offense, the sentence shall be served consecutive to | ||||||
17 | the sentence under which the defendant is held by the | ||||||
18 | Department of Corrections. If, however, the defendant is | ||||||
19 | sentenced to punishment by death, the sentence shall be | ||||||
20 | executed at such time as the court may fix without regard | ||||||
21 | to the sentence under which the defendant may be held by | ||||||
22 | the Department. | ||||||
23 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
24 | for escape or attempted escape shall be served consecutive | ||||||
25 | to the terms under which the offender is held by the | ||||||
26 | Department of Corrections. |
| |||||||
| |||||||
1 | (8) (Blank). | ||||||
2 | (8.1) If a person charged with a felony commits a | ||||||
3 | separate felony while on bond or in pretrial detention in | ||||||
4 | a county jail facility or county detention facility, then | ||||||
5 | the sentences imposed upon conviction of these felonies | ||||||
6 | shall be served consecutively regardless of the order in | ||||||
7 | which the judgments of conviction are entered. | ||||||
8 | (8.5) (Blank). | ||||||
9 | (8.6) If a person commits a battery against a county | ||||||
10 | correctional officer or sheriff's employee while serving a | ||||||
11 | sentence or in pretrial detention in a county jail | ||||||
12 | facility, then the sentence imposed upon conviction of the | ||||||
13 | battery shall be served consecutively with the sentence | ||||||
14 | imposed upon conviction of the earlier misdemeanor or | ||||||
15 | felony, regardless of the order in which the judgments of | ||||||
16 | conviction are entered. | ||||||
17 | (9) (Blank). | ||||||
18 | (9.1) If a person admitted to bail following | ||||||
19 | conviction of a felony commits a separate felony while | ||||||
20 | free on bond or if a person detained in a county jail | ||||||
21 | facility or county detention facility following conviction | ||||||
22 | of a felony commits a separate felony while in detention, | ||||||
23 | then any sentence following conviction of the separate | ||||||
24 | felony shall be consecutive to that of the original | ||||||
25 | sentence for which the defendant was on bond or detained. | ||||||
26 | (10) (Blank). |
| |||||||
| |||||||
1 | (10.1) If a person is found to be in possession of an | ||||||
2 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
3 | Criminal Code of 2012, while serving a sentence in a | ||||||
4 | county jail or while in pre-trial detention in a county | ||||||
5 | jail, the sentence imposed upon conviction for the offense | ||||||
6 | of possessing contraband in a penal institution shall be | ||||||
7 | served consecutively to the sentence imposed for the | ||||||
8 | offense in which the person is serving sentence in the | ||||||
9 | county jail or serving pretrial detention, regardless of | ||||||
10 | the order in which the judgments of conviction are | ||||||
11 | entered. | ||||||
12 | (11) (Blank). | ||||||
13 | (11.1) If a person is sentenced for a violation of | ||||||
14 | bail bond under Section 32-10 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012, any sentence imposed for | ||||||
16 | that violation shall be served consecutive to the sentence | ||||||
17 | imposed for the charge for which bail had been granted and | ||||||
18 | with respect to which the defendant has been convicted. | ||||||
19 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
20 | Illinois court has imposed a sentence of imprisonment on a | ||||||
21 | defendant and the defendant is subsequently sentenced to a | ||||||
22 | term of imprisonment by a court of another state or a federal | ||||||
23 | court, then the Illinois sentence shall run consecutively to | ||||||
24 | the sentence imposed by the court of the other state or the | ||||||
25 | federal court. That same Illinois court, however, may order | ||||||
26 | that the Illinois sentence run concurrently with the sentence |
| |||||||
| |||||||
1 | imposed by the court of the other state or the federal court, | ||||||
2 | but only if the defendant applies to that same Illinois court | ||||||
3 | within 30 days after the sentence imposed by the court of the | ||||||
4 | other state or the federal court is finalized. | ||||||
5 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
6 | The aggregate maximum and aggregate minimum of consecutive | ||||||
7 | sentences shall be determined as follows: | ||||||
8 | (1) For sentences imposed under law in effect prior to | ||||||
9 | February 1, 1978, the aggregate maximum of consecutive | ||||||
10 | sentences shall not exceed the maximum term authorized | ||||||
11 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
12 | Chapter V for the 2 most serious felonies involved. The | ||||||
13 | aggregate minimum period of consecutive sentences shall | ||||||
14 | not exceed the highest minimum term authorized under | ||||||
15 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
16 | V for the 2 most serious felonies involved. When sentenced | ||||||
17 | only for misdemeanors, a defendant shall not be | ||||||
18 | consecutively sentenced to more than the maximum for one | ||||||
19 | Class A misdemeanor. | ||||||
20 | (2) For sentences imposed under the law in effect on | ||||||
21 | or after February 1, 1978, the aggregate of consecutive | ||||||
22 | sentences for offenses that were committed as part of a | ||||||
23 | single course of conduct during which there was no | ||||||
24 | substantial change in the nature of the criminal objective | ||||||
25 | shall not exceed the sum of the maximum terms authorized | ||||||
26 | under Article 4.5 of Chapter V for the 2 most serious |
| |||||||
| |||||||
1 | felonies involved, but no such limitation shall apply for | ||||||
2 | offenses that were not committed as part of a single | ||||||
3 | course of conduct during which there was no substantial | ||||||
4 | change in the nature of the criminal objective. When | ||||||
5 | sentenced only for misdemeanors, a defendant shall not be | ||||||
6 | consecutively sentenced to more than the maximum for one | ||||||
7 | Class A misdemeanor. | ||||||
8 | (g) Consecutive terms; manner served. In determining the | ||||||
9 | manner in which consecutive sentences of imprisonment, one or | ||||||
10 | more of which is for a felony, will be served, the Department | ||||||
11 | of Corrections shall treat the defendant as though he or she | ||||||
12 | had been committed for a single term subject to each of the | ||||||
13 | following: | ||||||
14 | (1) The maximum period of a term of imprisonment shall | ||||||
15 | consist of the aggregate of the maximums of the imposed | ||||||
16 | indeterminate terms, if any, plus the aggregate of the | ||||||
17 | imposed determinate sentences for felonies, plus the | ||||||
18 | aggregate of the imposed determinate sentences for | ||||||
19 | misdemeanors, subject to subsection (f) of this Section. | ||||||
20 | (2) The parole or mandatory supervised release term | ||||||
21 | shall be as provided in paragraph (e) of Section 5-4.5-50 | ||||||
22 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
23 | involved. | ||||||
24 | (3) The minimum period of imprisonment shall be the | ||||||
25 | aggregate of the minimum and determinate periods of | ||||||
26 | imprisonment imposed by the court, subject to subsection |
| |||||||
| |||||||
1 | (f) of this Section. | ||||||
2 | (4) The defendant shall be awarded credit against the | ||||||
3 | aggregate maximum term and the aggregate minimum term of | ||||||
4 | imprisonment for all time served in an institution since | ||||||
5 | the commission of the offense or offenses and as a | ||||||
6 | consequence thereof at the rate specified in Section 3-6-3 | ||||||
7 | (730 ILCS 5/3-6-3). | ||||||
8 | (h) Notwithstanding any other provisions of this Section, | ||||||
9 | all sentences imposed by an Illinois court under this Code | ||||||
10 | shall run concurrent to any and all sentences imposed under | ||||||
11 | the Juvenile Court Act of 1987. | ||||||
12 | (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; | ||||||
13 | 102-1104, eff. 12-6-22 .)
| ||||||
14 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6) | ||||||
15 | Sec. 5-8-6. Place of confinement. | ||||||
16 | (a) Offenders Except as otherwise provided in this | ||||||
17 | subsection (a), offenders sentenced to a term of imprisonment | ||||||
18 | for a felony shall be committed to the penitentiary system of | ||||||
19 | the Department of Corrections. However, such sentence shall | ||||||
20 | not limit the powers of the Department of Children and Family | ||||||
21 | Services in relation to any child under the age of one year in | ||||||
22 | the sole custody of a person so sentenced, nor in relation to | ||||||
23 | any child delivered by a female so sentenced while she is so | ||||||
24 | confined as a consequence of such sentence. A Except as | ||||||
25 | otherwise provided in this subsection (a), a person sentenced |
| |||||||
| |||||||
1 | for a felony may be assigned by the Department of Corrections | ||||||
2 | to any of its institutions, facilities or programs. An | ||||||
3 | offender sentenced to a term of imprisonment for a Class 3 or 4 | ||||||
4 | felony, other than a violent crime as defined in Section 3 of | ||||||
5 | the Rights of Crime Victims and Witnesses Act, in which the | ||||||
6 | sentencing order indicates that the offender has less than 4 | ||||||
7 | months remaining on his or her sentence accounting for time | ||||||
8 | served may not be confined in the penitentiary system of the | ||||||
9 | Department of Corrections but may be assigned to electronic | ||||||
10 | home detention under Article 8A of this Chapter V, an adult | ||||||
11 | transition center, or another facility or program within the | ||||||
12 | Department of Corrections. | ||||||
13 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
14 | than one year shall be committed to the custody of the sheriff. | ||||||
15 | A person committed to the Department of Corrections, prior to | ||||||
16 | July 14, 1983, for less than one year may be assigned by the | ||||||
17 | Department to any of its institutions, facilities or programs. | ||||||
18 | (c) All offenders under 18 years of age when sentenced to | ||||||
19 | imprisonment shall be committed to the Department of Juvenile | ||||||
20 | Justice and the court in its order of commitment shall set a | ||||||
21 | definite term. The provisions of Section 3-3-3 shall be a part | ||||||
22 | of such commitment as fully as though written in the order of | ||||||
23 | commitment. The place of confinement for sentences imposed | ||||||
24 | before the effective date of this amendatory Act of the 99th | ||||||
25 | General Assembly are not affected or abated by this amendatory | ||||||
26 | Act of the 99th General Assembly. |
| |||||||
| |||||||
1 | (d) No defendant shall be committed to the Department of | ||||||
2 | Corrections for the recovery of a fine or costs. | ||||||
3 | (e) When a court sentences a defendant to a term of | ||||||
4 | imprisonment concurrent with a previous and unexpired sentence | ||||||
5 | of imprisonment imposed by any district court of the United | ||||||
6 | States, it may commit the offender to the custody of the | ||||||
7 | Attorney General of the United States. The Attorney General of | ||||||
8 | the United States, or the authorized representative of the | ||||||
9 | Attorney General of the United States, shall be furnished with | ||||||
10 | the warrant of commitment from the court imposing sentence, | ||||||
11 | which warrant of commitment shall provide that, when the | ||||||
12 | offender is released from federal confinement, whether by | ||||||
13 | parole or by termination of sentence, the offender shall be | ||||||
14 | transferred by the Sheriff of the committing county to the | ||||||
15 | Department of Corrections. The court shall cause the | ||||||
16 | Department to be notified of such sentence at the time of | ||||||
17 | commitment and to be provided with copies of all records | ||||||
18 | regarding the sentence. | ||||||
19 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
20 | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2) | ||||||
21 | Sec. 5-8A-2. Definitions. As used in this Article: | ||||||
22 | (A) "Approved electronic monitoring device" means a device | ||||||
23 | approved by the supervising authority which is primarily | ||||||
24 | intended to record or transmit information as to the | ||||||
25 | defendant's presence or nonpresence in the home, consumption |
| |||||||
| |||||||
1 | of alcohol, consumption of drugs, location as determined | ||||||
2 | through GPS, cellular triangulation, Wi-Fi, or other | ||||||
3 | electronic means. | ||||||
4 | An approved electronic monitoring device may record or | ||||||
5 | transmit: oral or wire communications or an auditory sound; | ||||||
6 | visual images; or information regarding the offender's | ||||||
7 | activities while inside the offender's home. These devices are | ||||||
8 | subject to the required consent as set forth in Section 5-8A-5 | ||||||
9 | of this Article. | ||||||
10 | An approved electronic monitoring device may be used to | ||||||
11 | record a conversation between the participant and the | ||||||
12 | monitoring device, or the participant and the person | ||||||
13 | supervising the participant solely for the purpose of | ||||||
14 | identification and not for the purpose of eavesdropping or | ||||||
15 | conducting any other illegally intrusive monitoring. | ||||||
16 | (A-10) "Department" means the Department of Corrections or | ||||||
17 | the Department of Juvenile Justice. | ||||||
18 | (A-20) "Electronic monitoring" means the monitoring of an | ||||||
19 | inmate, person, or offender with an electronic device both | ||||||
20 | within and outside of their home under the terms and | ||||||
21 | conditions established by the supervising authority. | ||||||
22 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
23 | predatory criminal sexual assault of a child, aggravated | ||||||
24 | criminal sexual assault, criminal sexual assault, aggravated | ||||||
25 | battery with a firearm as described in Section 12-4.2 or | ||||||
26 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section |
| |||||||
| |||||||
1 | 12-3.05, bringing or possessing a firearm, ammunition or | ||||||
2 | explosive in a penal institution, any "Super-X" drug offense | ||||||
3 | or calculated criminal drug conspiracy or streetgang criminal | ||||||
4 | drug conspiracy, or any predecessor or successor offenses with | ||||||
5 | the same or substantially the same elements, or any inchoate | ||||||
6 | offenses relating to the foregoing offenses. | ||||||
7 | (B-10) "GPS" means a device or system which utilizes the | ||||||
8 | Global Positioning Satellite system for determining the | ||||||
9 | location of a person, inmate or offender. | ||||||
10 | (C) "Home detention" means the confinement of a person | ||||||
11 | convicted or charged with an offense to his or her place of | ||||||
12 | residence under the terms and conditions established by the | ||||||
13 | supervising authority. Confinement need not be 24 hours per | ||||||
14 | day to qualify as home detention, and significant restrictions | ||||||
15 | on liberty such as 7pm to 7am curfews shall qualify. Home | ||||||
16 | confinement may or may not be accompanied by electronic | ||||||
17 | monitoring, and electronic monitoring is not required for | ||||||
18 | purposes of sentencing credit. | ||||||
19 | (D) "Participant" means an inmate or offender placed into | ||||||
20 | an electronic monitoring program. | ||||||
21 | (E) "Supervising authority" means the Department of | ||||||
22 | Corrections, the Department of Juvenile Justice, probation | ||||||
23 | department, a Chief Judge's office, pretrial services division | ||||||
24 | or department, sheriff, superintendent of municipal house of | ||||||
25 | corrections or any other officer or agency charged with | ||||||
26 | authorizing and supervising electronic monitoring and home |
| |||||||
| |||||||
1 | detention. | ||||||
2 | (F) "Super-X drug offense" means a violation of Section | ||||||
3 | 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
4 | Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), | ||||||
5 | (C), or (D) of the Illinois Controlled Substances Act. | ||||||
6 | (G) "Wi-Fi" or "WiFi" means a device or system which | ||||||
7 | utilizes a wireless local area network for determining the | ||||||
8 | location of a person, inmate or offender. | ||||||
9 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
10 | (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4) | ||||||
11 | Sec. 5-8A-4. Program description. The supervising | ||||||
12 | authority may promulgate rules that prescribe reasonable | ||||||
13 | guidelines under which an electronic monitoring and home | ||||||
14 | detention program shall operate. When using electronic | ||||||
15 | monitoring for home detention these rules shall may include, | ||||||
16 | but not be limited to, the following: | ||||||
17 | (A) The participant may be instructed to shall remain | ||||||
18 | within the interior premises or within the property | ||||||
19 | boundaries of his or her residence at all times during the | ||||||
20 | hours designated by the supervising authority. Such | ||||||
21 | instances of approved absences from the home shall may | ||||||
22 | include, but are not limited to, the following: | ||||||
23 | (1) working or employment approved by the court or | ||||||
24 | traveling to or from approved employment; | ||||||
25 | (2) unemployed and seeking employment approved for |
| |||||||
| |||||||
1 | the participant by the court; | ||||||
2 | (3) undergoing medical, psychiatric, mental health | ||||||
3 | treatment, counseling, or other treatment programs | ||||||
4 | approved for the participant by the court; | ||||||
5 | (4) attending an educational institution or a | ||||||
6 | program approved for the participant by the court; | ||||||
7 | (5) attending a regularly scheduled religious | ||||||
8 | service at a place of worship; | ||||||
9 | (6) participating in community work release or | ||||||
10 | community service programs approved for the | ||||||
11 | participant by the supervising authority; or | ||||||
12 | (7) for another compelling reason consistent with | ||||||
13 | the public interest, as approved by the supervising | ||||||
14 | authority ; or . | ||||||
15 | (8) purchasing groceries, food, or other basic | ||||||
16 | necessities. | ||||||
17 | (A-1) At a minimum, any person ordered to pretrial | ||||||
18 | home confinement with or without electronic monitoring | ||||||
19 | must be provided with movement spread out over no fewer | ||||||
20 | than two days per week, to participate in basic activities | ||||||
21 | such as those listed in paragraph (A). In this subdivision | ||||||
22 | (A-1), "days" means a reasonable time period during a | ||||||
23 | calendar day, as outlined by the court in the order | ||||||
24 | placing the person on home confinement. | ||||||
25 | (B) The participant shall admit any person or agent | ||||||
26 | designated by the supervising authority into his or her |
| |||||||
| |||||||
1 | residence at any time for purposes of verifying the | ||||||
2 | participant's compliance with the conditions of his or her | ||||||
3 | detention. | ||||||
4 | (C) The participant shall make the necessary | ||||||
5 | arrangements to allow for any person or agent designated | ||||||
6 | by the supervising authority to visit the participant's | ||||||
7 | place of education or employment at any time, based upon | ||||||
8 | the approval of the educational institution employer or | ||||||
9 | both, for the purpose of verifying the participant's | ||||||
10 | compliance with the conditions of his or her detention. | ||||||
11 | (D) The participant shall acknowledge and participate | ||||||
12 | with the approved electronic monitoring device as | ||||||
13 | designated by the supervising authority at any time for | ||||||
14 | the purpose of verifying the participant's compliance with | ||||||
15 | the conditions of his or her detention. | ||||||
16 | (E) The participant shall maintain the following: | ||||||
17 | (1) access to a working telephone in the | ||||||
18 | participant's home ; | ||||||
19 | (2) a monitoring device in the participant's home, | ||||||
20 | or on the participant's person, or both; and | ||||||
21 | (3) a monitoring device in the participant's home | ||||||
22 | and on the participant's person in the absence of a | ||||||
23 | telephone. | ||||||
24 | (F) The participant shall obtain approval from the | ||||||
25 | supervising authority before the participant changes | ||||||
26 | residence or the schedule described in subsection (A) of |
| |||||||
| |||||||
1 | this Section. Such approval shall not be unreasonably | ||||||
2 | withheld. | ||||||
3 | (G) The participant shall not commit another crime | ||||||
4 | during the period of home detention ordered by the Court. | ||||||
5 | (H) Notice to the participant that violation of the | ||||||
6 | order for home detention may subject the participant to | ||||||
7 | prosecution for the crime of escape as described in | ||||||
8 | Section 5-8A-4.1. | ||||||
9 | (I) The participant shall abide by other conditions as | ||||||
10 | set by the supervising authority. | ||||||
11 | (J) This Section takes effect January 1, 2022. | ||||||
12 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
13 | 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
| ||||||
14 | (730 ILCS 5/5-8A-4.1) | ||||||
15 | Sec. 5-8A-4.1. Escape ; failure to comply with a condition | ||||||
16 | of the electronic monitoring or home detention program . | ||||||
17 | (a) A person charged with or convicted of a felony, or | ||||||
18 | charged with or adjudicated delinquent for an act which, if | ||||||
19 | committed by an adult, would constitute a felony, | ||||||
20 | conditionally released from the supervising authority through | ||||||
21 | an electronic monitoring or home detention program, who | ||||||
22 | knowingly escapes or leaves from the geographic boundaries of | ||||||
23 | an electronic monitoring or home detention program with the | ||||||
24 | intent to evade prosecution violates a condition of the | ||||||
25 | electronic monitoring or home detention program is guilty of a |
| |||||||
| |||||||
1 | Class 3 felony. | ||||||
2 | (b) A person charged with or convicted of a misdemeanor, | ||||||
3 | or charged with or adjudicated delinquent for an act which, if | ||||||
4 | committed by an adult, would constitute a misdemeanor, | ||||||
5 | conditionally released from the supervising authority through | ||||||
6 | an electronic monitoring or home detention program, who | ||||||
7 | knowingly escapes or leaves from the geographic boundaries of | ||||||
8 | an electronic monitoring or home detention program with the | ||||||
9 | intent to evade prosecution violates a condition of the | ||||||
10 | electronic monitoring or home detention program is guilty of a | ||||||
11 | Class B misdemeanor. | ||||||
12 | (c) A person who violates this Section while armed with a | ||||||
13 | dangerous weapon is guilty of a Class 1 felony. | ||||||
14 | (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
| ||||||
15 | (730 ILCS 5/5-6-3.8 rep.) | ||||||
16 | (730 ILCS 5/5-8A-4.15 rep.) | ||||||
17 | Section 300. The Unified Code of Corrections is amended by | ||||||
18 | repealing Sections 5-6-3.8 and 5-8A-4.15.
| ||||||
19 | Section 305. The Probation and Probation Officers Act is | ||||||
20 | amended by changing Section 18 as follows:
| ||||||
21 | (730 ILCS 110/18) | ||||||
22 | Sec. 18. Probation and court services departments | ||||||
23 | considered pretrial services agencies. For the purposes of |
| |||||||
| |||||||
1 | administering the provisions of Public Act 95-773, known as | ||||||
2 | the Cindy Bischof Law, all probation and court services | ||||||
3 | departments are to be considered pretrial services agencies | ||||||
4 | under the Pretrial Services Act and under the bail bond | ||||||
5 | pretrial release provisions of the Code of Criminal Procedure | ||||||
6 | of 1963. | ||||||
7 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
8 | Section 310. The County Jail Act is amended by changing | ||||||
9 | Section 5 as follows:
| ||||||
10 | (730 ILCS 125/5) (from Ch. 75, par. 105) | ||||||
11 | Sec. 5. Costs of maintaining prisoners. | ||||||
12 | (a) Except as provided in subsections (b) and (c), all | ||||||
13 | costs of maintaining persons committed for violations of | ||||||
14 | Illinois law, shall be the responsibility of the county. | ||||||
15 | Except as provided in subsection (b), all costs of maintaining | ||||||
16 | persons committed under any ordinance or resolution of a unit | ||||||
17 | of local government, including medical costs, is the | ||||||
18 | responsibility of the unit of local government enacting the | ||||||
19 | ordinance or resolution, and arresting the person. | ||||||
20 | (b) If a person who is serving a term of mandatory | ||||||
21 | supervised release for a felony is incarcerated in a county | ||||||
22 | jail, the Illinois Department of Corrections shall pay the | ||||||
23 | county in which that jail is located one-half of the cost of | ||||||
24 | incarceration, as calculated by the Governor's Office of |
| |||||||
| |||||||
1 | Management and Budget and the county's chief financial | ||||||
2 | officer, for each day that the person remains in the county | ||||||
3 | jail after notice of the incarceration is given to the | ||||||
4 | Illinois Department of Corrections by the county, provided | ||||||
5 | that (i) the Illinois Department of Corrections has issued a | ||||||
6 | warrant for an alleged violation of mandatory supervised | ||||||
7 | release by the person; (ii) if the person is incarcerated on a | ||||||
8 | new charge, unrelated to the offense for which he or she is on | ||||||
9 | mandatory supervised release, there has been a court hearing | ||||||
10 | at which bail has the conditions of pretrial release have been | ||||||
11 | set on the new charge; (iii) the county has notified the | ||||||
12 | Illinois Department of Corrections that the person is | ||||||
13 | incarcerated in the county jail, which notice shall not be | ||||||
14 | given until the bail hearing has concluded, if the person is | ||||||
15 | incarcerated on a new charge; and (iv) the person remains | ||||||
16 | incarcerated in the county jail for more than 48 hours after | ||||||
17 | the notice has been given to the Department of Corrections by | ||||||
18 | the county. Calculation of the per diem cost shall be agreed | ||||||
19 | upon prior to the passage of the annual State budget. | ||||||
20 | (c) If a person who is serving a term of mandatory | ||||||
21 | supervised release is incarcerated in a county jail, following | ||||||
22 | an arrest on a warrant issued by the Illinois Department of | ||||||
23 | Corrections, solely for violation of a condition of mandatory | ||||||
24 | supervised release and not on any new charges for a new | ||||||
25 | offense, then the Illinois Department of Corrections shall pay | ||||||
26 | the medical costs incurred by the county in securing treatment |
| |||||||
| |||||||
1 | for that person, for any injury or condition other than one | ||||||
2 | arising out of or in conjunction with the arrest of the person | ||||||
3 | or resulting from the conduct of county personnel, while he or | ||||||
4 | she remains in the county jail on the warrant issued by the | ||||||
5 | Illinois Department of Corrections. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
7 | Section 315. The County Jail Good Behavior Allowance Act | ||||||
8 | is amended by changing Section 3 as follows:
| ||||||
9 | (730 ILCS 130/3) (from Ch. 75, par. 32) | ||||||
10 | Sec. 3. The good behavior of any person who commences a | ||||||
11 | sentence of confinement in a county jail for a fixed term of | ||||||
12 | imprisonment after January 1, 1987 shall entitle such person | ||||||
13 | to a good behavior allowance, except that: (1) a person who | ||||||
14 | inflicted physical harm upon another person in committing the | ||||||
15 | offense for which he is confined shall receive no good | ||||||
16 | behavior allowance; and (2) a person sentenced for an offense | ||||||
17 | for which the law provides a mandatory minimum sentence shall | ||||||
18 | not receive any portion of a good behavior allowance that | ||||||
19 | would reduce the sentence below the mandatory minimum; and (3) | ||||||
20 | a person sentenced to a county impact incarceration program; | ||||||
21 | and (4) a person who is convicted of criminal sexual assault | ||||||
22 | under subdivision (a)(3) of Section 11-1.20 or paragraph | ||||||
23 | (a)(3) of Section 12-13 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, criminal sexual abuse, or aggravated |
| |||||||
| |||||||
1 | criminal sexual abuse shall receive no good behavior | ||||||
2 | allowance. The good behavior allowance provided for in this | ||||||
3 | Section shall not apply to individuals sentenced for a felony | ||||||
4 | to probation or conditional discharge where a condition of | ||||||
5 | such probation or conditional discharge is that the individual | ||||||
6 | serve a sentence of periodic imprisonment or to individuals | ||||||
7 | sentenced under an order of court for civil contempt. | ||||||
8 | Such good behavior allowance shall be cumulative and | ||||||
9 | awarded as provided in this Section. | ||||||
10 | The good behavior allowance rate shall be cumulative and | ||||||
11 | awarded on the following basis: | ||||||
12 | The prisoner shall receive one day of good behavior | ||||||
13 | allowance for each day of service of sentence in the county | ||||||
14 | jail, and one day of good behavior allowance for each day of | ||||||
15 | incarceration in the county jail before sentencing for the | ||||||
16 | offense that he or she is currently serving sentence but was | ||||||
17 | unable to post bail comply with the conditions of pretrial | ||||||
18 | release before sentencing, except that a prisoner serving a | ||||||
19 | sentence of periodic imprisonment under Section 5-7-1 of the | ||||||
20 | Unified Code of Corrections shall only be eligible to receive | ||||||
21 | good behavior allowance if authorized by the sentencing judge. | ||||||
22 | Each day of good behavior allowance shall reduce by one day the | ||||||
23 | prisoner's period of incarceration set by the court. For the | ||||||
24 | purpose of calculating a prisoner's good behavior allowance, a | ||||||
25 | fractional part of a day shall not be calculated as a day of | ||||||
26 | service of sentence in the county jail unless the fractional |
| |||||||
| |||||||
1 | part of the day is over 12 hours in which case a whole day | ||||||
2 | shall be credited on the good behavior allowance. | ||||||
3 | If consecutive sentences are served and the time served | ||||||
4 | amounts to a total of one year or more, the good behavior | ||||||
5 | allowance shall be calculated on a continuous basis throughout | ||||||
6 | the entire time served beginning on the first date of sentence | ||||||
7 | or incarceration, as the case may be. | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
9 | Section 320. The Veterans and Servicemembers Court | ||||||
10 | Treatment Act is amended by changing Section 20 as follows:
| ||||||
11 | (730 ILCS 167/20) | ||||||
12 | Sec. 20. Eligibility. Veterans and servicemembers are | ||||||
13 | eligible for veterans and servicemembers courts, provided the | ||||||
14 | following: | ||||||
15 | (a) A defendant may be admitted into a veterans and | ||||||
16 | servicemembers court program only upon the consent of the | ||||||
17 | defendant and with the approval of the court. A defendant | ||||||
18 | agrees to be admitted when a written consent to | ||||||
19 | participate is provided to the court in open court and the | ||||||
20 | defendant acknowledges understanding of its contents. | ||||||
21 | (a-5) Each veterans and servicemembers court shall | ||||||
22 | have a target population defined in its written policies | ||||||
23 | and procedures. The policies and procedures shall define | ||||||
24 | that court's eligibility and exclusionary criteria. |
| |||||||
| |||||||
1 | (b) A defendant shall be excluded from a veterans and | ||||||
2 | servicemembers court program if any of one of the | ||||||
3 | following applies: | ||||||
4 | (1) The crime is a crime of violence as set forth | ||||||
5 | in paragraph (3) of this subsection (b). | ||||||
6 | (2) The defendant does not demonstrate a | ||||||
7 | willingness to participate in a treatment program. | ||||||
8 | (3) The defendant has been convicted of a crime of | ||||||
9 | violence within the past 5 years excluding | ||||||
10 | incarceration time, parole, and periods of mandatory | ||||||
11 | supervised release. As used in this paragraph, "crime | ||||||
12 | of violence" means: first degree murder, second degree | ||||||
13 | murder, predatory criminal sexual assault of a child, | ||||||
14 | aggravated criminal sexual assault, criminal sexual | ||||||
15 | assault, armed robbery, aggravated arson, arson, | ||||||
16 | aggravated kidnapping and kidnapping, aggravated | ||||||
17 | battery resulting in great bodily harm or permanent | ||||||
18 | disability, aggravated domestic battery resulting in | ||||||
19 | great bodily harm or permanent disability, aggravated | ||||||
20 | criminal sexual abuse by a person in a position of | ||||||
21 | trust or authority over a child, stalking, aggravated | ||||||
22 | stalking, home invasion, aggravated vehicular | ||||||
23 | hijacking, or any offense involving the discharge of a | ||||||
24 | firearm. | ||||||
25 | (4) The defendant is charged with a violation of | ||||||
26 | subparagraph (F) of paragraph (1) of subsection (d) of |
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code in which | ||||||
2 | an individual is charged with aggravated driving under | ||||||
3 | the influence that resulted in the death of another | ||||||
4 | person or when the violation was a proximate cause of | ||||||
5 | the death, unless, pursuant to subparagraph (G) of | ||||||
6 | paragraph (1) of subsection (d) of Section 11-501 of | ||||||
7 | the Illinois Vehicle Code, the court determines that | ||||||
8 | extraordinary circumstances exist and require | ||||||
9 | probation. | ||||||
10 | (4.1) The crime for which the defendant has been | ||||||
11 | convicted is non-probationable. | ||||||
12 | (5) (Blank). | ||||||
13 | (6) (Blank). | ||||||
14 | (c) Notwithstanding subsection (a), the defendant may | ||||||
15 | be admitted into a veterans and servicemembers court | ||||||
16 | program only upon the agreement of the prosecutor if the | ||||||
17 | defendant is charged with a Class 2 or greater felony | ||||||
18 | violation of: | ||||||
19 | (1) Section 401, 401.1, 405, or 405.2 of the | ||||||
20 | Illinois Controlled Substances Act; | ||||||
21 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
22 | Act; or | ||||||
23 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||||||
24 | or 65 of the Methamphetamine Control and Community | ||||||
25 | Protection Act. | ||||||
26 | (Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)
|
| |||||||
| |||||||
1 | Section 325. The Mental Health Court Treatment Act is | ||||||
2 | amended by changing Section 20 as follows:
| ||||||
3 | (730 ILCS 168/20) | ||||||
4 | Sec. 20. Eligibility. | ||||||
5 | (a) A defendant may be admitted into a mental health court | ||||||
6 | program only upon the consent of the defendant and with the | ||||||
7 | approval of the court. A defendant agrees to be admitted when a | ||||||
8 | written consent to participate is provided to the court in | ||||||
9 | open court and the defendant acknowledges understanding its | ||||||
10 | contents. | ||||||
11 | (a-5) Each mental health court shall have a target | ||||||
12 | population defined in its written policies and procedures. The | ||||||
13 | policies and procedures shall define that court's eligibility | ||||||
14 | and exclusionary criteria. | ||||||
15 | (b) A defendant shall be excluded from a mental health | ||||||
16 | court program if any one of the following applies: | ||||||
17 | (1) The crime is a crime of violence as set forth in | ||||||
18 | paragraph (3) of this subsection (b). | ||||||
19 | (2) The defendant does not demonstrate a willingness | ||||||
20 | to participate in a treatment program. | ||||||
21 | (3) The defendant has been convicted of a crime of | ||||||
22 | violence within the past 5 years excluding incarceration | ||||||
23 | time, parole, and periods of mandatory supervised release. | ||||||
24 | As used in this paragraph (3), "crime of violence" means: |
| |||||||
| |||||||
1 | first degree murder, second degree murder, predatory | ||||||
2 | criminal sexual assault of a child, aggravated criminal | ||||||
3 | sexual assault, criminal sexual assault, armed robbery, | ||||||
4 | aggravated arson, arson, aggravated kidnapping, | ||||||
5 | kidnapping, aggravated battery resulting in great bodily | ||||||
6 | harm or permanent disability, aggravated domestic battery | ||||||
7 | resulting in great bodily harm or permanent disability, | ||||||
8 | aggravated criminal sexual abuse by a person in a position | ||||||
9 | of trust or authority over a child, stalking, aggravated | ||||||
10 | stalking, home invasion, aggravated vehicular hijacking, | ||||||
11 | or any offense involving the discharge of a firearm. | ||||||
12 | (4) The defendant is charged with a violation of | ||||||
13 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
14 | Section 11-501 of the Illinois Vehicle Code in which an | ||||||
15 | individual is charged with aggravated driving under the | ||||||
16 | influence that resulted in the death of another person or | ||||||
17 | when the violation was a proximate cause of the death, | ||||||
18 | unless, pursuant to subparagraph (G) of paragraph (1) of | ||||||
19 | subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
20 | Code, the court determines that extraordinary | ||||||
21 | circumstances exist and require probation. | ||||||
22 | (5) The crime for which the defendant has been | ||||||
23 | convicted is non-probationable. (Blank). | ||||||
24 | (6) (Blank). | ||||||
25 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
26 | admitted into a mental health court program only upon the |
| |||||||
| |||||||
1 | agreement of the prosecutor if the defendant is charged with a | ||||||
2 | Class 2 or greater felony violation of: | ||||||
3 | (1) Section 401, 401.1, 405, or 405.2 of the Illinois | ||||||
4 | Controlled Substances Act; | ||||||
5 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
6 | Act; or | ||||||
7 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||||||
8 | 65 of the Methamphetamine Control and Community Protection | ||||||
9 | Act. | ||||||
10 | (Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.)
| ||||||
11 | Section 330. The Code of Civil Procedure is amended by | ||||||
12 | changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||||||
13 | 21-103 as follows:
| ||||||
14 | (735 ILCS 5/10-106) (from Ch. 110, par. 10-106) | ||||||
15 | Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||||||
16 | appear from the complaint itself, or from the documents | ||||||
17 | thereto annexed, that the party can neither be discharged, | ||||||
18 | admitted to bail pretrial release nor otherwise relieved, the | ||||||
19 | court shall forthwith award relief by habeas corpus. Any judge | ||||||
20 | empowered to grant relief by habeas corpus who shall corruptly | ||||||
21 | refuse to grant the relief when legally applied for in a case | ||||||
22 | where it may lawfully be granted, or who shall for the purpose | ||||||
23 | of oppression unreasonably delay the granting of such relief | ||||||
24 | shall, for every such offense, forfeit to the prisoner or |
| |||||||
| |||||||
1 | party affected a sum not exceeding $1,000. | ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
3 | (735 ILCS 5/10-125) (from Ch. 110, par. 10-125) | ||||||
4 | Sec. 10-125. New commitment. In all cases where the | ||||||
5 | imprisonment is for a criminal, or supposed criminal matter, | ||||||
6 | if it appears to the court that there is sufficient legal cause | ||||||
7 | for the commitment of the prisoner, although such commitment | ||||||
8 | may have been informally made, or without due authority, or | ||||||
9 | the process may have been executed by a person not duly | ||||||
10 | authorized, the court shall make a new commitment in proper | ||||||
11 | form, and direct it to the proper officer, or admit the party | ||||||
12 | to bail pretrial release if the case is bailable eligible for | ||||||
13 | pretrial release . The court shall also, when necessary, take | ||||||
14 | the recognizance of all material witnesses against the | ||||||
15 | prisoner, as in other cases. The recognizances shall be in the | ||||||
16 | form provided by law, and returned as other recognizances. If | ||||||
17 | any judge shall neglect or refuse to bind any such prisoner or | ||||||
18 | witness by recognizance, or to return a recognizance when | ||||||
19 | taken as hereinabove stated, he or she shall be guilty of a | ||||||
20 | Class A misdemeanor in office, and be proceeded against | ||||||
21 | accordingly. | ||||||
22 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
23 | (735 ILCS 5/10-127) (from Ch. 110, par. 10-127) | ||||||
24 | Sec. 10-127. Grant of habeas corpus. It is not lawful for |
| |||||||
| |||||||
1 | any court, on a second order of habeas corpus obtained by such | ||||||
2 | prisoner, to discharge the prisoner, if he or she is clearly | ||||||
3 | and specifically charged in the warrant of commitment with a | ||||||
4 | criminal offense; but the court shall, on the return of such | ||||||
5 | second order, have power only to admit such prisoner to bail | ||||||
6 | pretrial release where the offense is bailable eligible for | ||||||
7 | pretrial release by law, or remand him or her to prison where | ||||||
8 | the offense is not bailable eligible for pretrial release , or | ||||||
9 | being bailable eligible for pretrial release , where such | ||||||
10 | prisoner fails to give the bail required comply with the terms | ||||||
11 | of pretrial release . | ||||||
12 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
13 | (735 ILCS 5/10-135) (from Ch. 110, par. 10-135) | ||||||
14 | Sec. 10-135. Habeas corpus to testify. The several courts | ||||||
15 | having authority to grant relief by habeas corpus, may enter | ||||||
16 | orders, when necessary, to bring before them any prisoner to | ||||||
17 | testify, or to be surrendered in discharge of bail pretrial | ||||||
18 | release , or for trial upon any criminal charge lawfully | ||||||
19 | pending in the same court or to testify in a criminal | ||||||
20 | proceeding in another state as provided for by Section 2 of the | ||||||
21 | "Uniform Act to secure the attendance of witnesses from within | ||||||
22 | or without a state in criminal proceedings", approved July 23, | ||||||
23 | 1959, as heretofore or hereafter amended; and the order may be | ||||||
24 | directed to any county in the State, and there be served and | ||||||
25 | returned by any officer to whom it is directed. |
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
2 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136) | ||||||
3 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
4 | prisoner has given his or her testimony, or been surrendered, | ||||||
5 | or his or her bail pretrial release discharged, or he or she | ||||||
6 | has been tried for the crime with which he or she is charged, | ||||||
7 | he or she shall be returned to the jail or other place of | ||||||
8 | confinement from which he or she was taken for that purpose. If | ||||||
9 | such prisoner is convicted of a crime punishable with death or | ||||||
10 | imprisonment in the penitentiary, he or she may be punished | ||||||
11 | accordingly; but in any case where the prisoner has been taken | ||||||
12 | from the penitentiary, and his or her punishment is by | ||||||
13 | imprisonment, the time of such imprisonment shall not commence | ||||||
14 | to run until the expiration of the time of service under any | ||||||
15 | former sentence. | ||||||
16 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
17 | (735 ILCS 5/21-103) | ||||||
18 | Sec. 21-103. Notice by publication. | ||||||
19 | (a) Previous notice shall be given of the intended | ||||||
20 | application by publishing a notice thereof in some newspaper | ||||||
21 | published in the municipality in which the person resides if | ||||||
22 | the municipality is in a county with a population under | ||||||
23 | 2,000,000, or if the person does not reside in a municipality | ||||||
24 | in a county with a population under 2,000,000, or if no |
| |||||||
| |||||||
1 | newspaper is published in the municipality or if the person | ||||||
2 | resides in a county with a population of 2,000,000 or more, | ||||||
3 | then in some newspaper published in the county where the | ||||||
4 | person resides, or if no newspaper is published in that | ||||||
5 | county, then in some convenient newspaper published in this | ||||||
6 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
7 | after filing, the first insertion to be at least 6 weeks before | ||||||
8 | the return day upon which the petition is to be heard, and | ||||||
9 | shall be signed by the petitioner or, in case of a minor, the | ||||||
10 | minor's parent or guardian, and shall set forth the return day | ||||||
11 | of court on which the petition is to be heard and the name | ||||||
12 | sought to be assumed. | ||||||
13 | (b) The publication requirement of subsection (a) shall | ||||||
14 | not be required in any application for a change of name | ||||||
15 | involving a minor if, before making judgment under this | ||||||
16 | Article, reasonable notice and opportunity to be heard is | ||||||
17 | given to any parent whose parental rights have not been | ||||||
18 | previously terminated and to any person who has physical | ||||||
19 | custody of the child. If any of these persons are outside this | ||||||
20 | State, notice and opportunity to be heard shall be given under | ||||||
21 | Section 21-104. | ||||||
22 | (b-3) The publication requirement of subsection (a) shall | ||||||
23 | not be required in any application for a change of name | ||||||
24 | involving a person who has received a judgment of for | ||||||
25 | dissolution of marriage or declaration of invalidity of | ||||||
26 | marriage and wishes to change his or her name to resume the use |
| |||||||
| |||||||
1 | of his or her former or maiden name. | ||||||
2 | (b-5) The court may issue an order directing that the | ||||||
3 | notice and publication requirement be waived for a change of | ||||||
4 | name involving a person who files with the court a statement, | ||||||
5 | verified under oath as provided under Section 1-109 of this | ||||||
6 | Code, that the person believes that publishing notice of the | ||||||
7 | name change would be a hardship, including , but not limited | ||||||
8 | to, a negative impact on the person's health or safety. | ||||||
9 | (b-6) In a case where waiver of the notice and publication | ||||||
10 | requirement is sought, the petition for waiver is presumed | ||||||
11 | granted and heard at the same hearing as the petition for name | ||||||
12 | change. The court retains discretion to determine whether a | ||||||
13 | hardship is shown and may order the petitioner to publish | ||||||
14 | thereafter. | ||||||
15 | (c) The Director of the Illinois State Police or his or her | ||||||
16 | designee may apply to the circuit court for an order directing | ||||||
17 | that the notice and publication requirements of this Section | ||||||
18 | be waived if the Director or his or her designee certifies that | ||||||
19 | the name change being sought is intended to protect a witness | ||||||
20 | during and following a criminal investigation or proceeding. | ||||||
21 | (c-1) The court may also enter a written order waiving the | ||||||
22 | publication requirement of subsection (a) if: | ||||||
23 | (i) the petitioner is 18 years of age or older; and | ||||||
24 | (ii) concurrent with the petition, the petitioner | ||||||
25 | files with the court a statement, verified under oath as | ||||||
26 | provided under Section 1-109 of this Code, attesting that |
| |||||||
| |||||||
1 | the petitioner is or has been a person protected under the | ||||||
2 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
3 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
4 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
5 | condition of bail pretrial release under subsections (b) | ||||||
6 | through (d) of Section 110-10 of the Code of Criminal | ||||||
7 | Procedure of 1963, or a similar provision of a law in | ||||||
8 | another state or jurisdiction. | ||||||
9 | The petitioner may attach to the statement any supporting | ||||||
10 | documents, including relevant court orders. | ||||||
11 | (c-2) If the petitioner files a statement attesting that | ||||||
12 | disclosure of the petitioner's address would put the | ||||||
13 | petitioner or any member of the petitioner's family or | ||||||
14 | household at risk or reveal the confidential address of a | ||||||
15 | shelter for domestic violence victims, that address may be | ||||||
16 | omitted from all documents filed with the court, and the | ||||||
17 | petitioner may designate an alternative address for service. | ||||||
18 | (c-3) Court administrators may allow domestic abuse | ||||||
19 | advocates, rape crisis advocates, and victim advocates to | ||||||
20 | assist petitioners in the preparation of name changes under | ||||||
21 | subsection (c-1). | ||||||
22 | (c-4) If the publication requirements of subsection (a) | ||||||
23 | have been waived, the circuit court shall enter an order | ||||||
24 | impounding the case. | ||||||
25 | (d) The maximum rate charged for publication of a notice | ||||||
26 | under this Section may not exceed the lowest classified rate |
| |||||||
| |||||||
1 | paid by commercial users for comparable space in the newspaper | ||||||
2 | in which the notice appears and shall include all cash | ||||||
3 | discounts, multiple insertion discounts, and similar benefits | ||||||
4 | extended to the newspaper's regular customers. | ||||||
5 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
6 | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
7 | 5-13-22; 102-1133, eff. 1-1-24; revised 12-15-23.)
| ||||||
8 | Section 335. The Civil No Contact Order Act is amended by | ||||||
9 | changing Section 220 as follows:
| ||||||
10 | (740 ILCS 22/220) | ||||||
11 | Sec. 220. Enforcement of a civil no contact order. | ||||||
12 | (a) Nothing in this Act shall preclude any Illinois court | ||||||
13 | from enforcing a valid protective order issued in another | ||||||
14 | state or by a military judge. | ||||||
15 | (b) Illinois courts may enforce civil no contact orders | ||||||
16 | through both criminal proceedings and civil contempt | ||||||
17 | proceedings, unless the action which is second in time is | ||||||
18 | barred by collateral estoppel or the constitutional | ||||||
19 | prohibition against double jeopardy. | ||||||
20 | (b-1) The court shall not hold a school district or | ||||||
21 | private or non-public school or any of its employees in civil | ||||||
22 | or criminal contempt unless the school district or private or | ||||||
23 | non-public school has been allowed to intervene. | ||||||
24 | (b-2) The court may hold the parents, guardian, or legal |
| |||||||
| |||||||
1 | custodian of a minor respondent in civil or criminal contempt | ||||||
2 | for a violation of any provision of any order entered under | ||||||
3 | this Act for conduct of the minor respondent in violation of | ||||||
4 | this Act if the parents, guardian, or legal custodian | ||||||
5 | directed, encouraged, or assisted the respondent minor in such | ||||||
6 | conduct. | ||||||
7 | (c) Criminal prosecution. A violation of any civil no | ||||||
8 | contact order, whether issued in a civil or criminal | ||||||
9 | proceeding or by a military judge, shall be enforced by a | ||||||
10 | criminal court when the respondent commits the crime of | ||||||
11 | violation of a civil no contact order pursuant to Section 219 | ||||||
12 | by having knowingly violated: | ||||||
13 | (1) remedies described in Section 213 and included in | ||||||
14 | a civil no contact order; or | ||||||
15 | (2) a provision of an order, which is substantially | ||||||
16 | similar to provisions of Section 213, in a valid civil no | ||||||
17 | contact order which is authorized under the laws of | ||||||
18 | another state, tribe, or United States territory. | ||||||
19 | Prosecution for a violation of a civil no contact order | ||||||
20 | shall not bar a concurrent prosecution for any other crime, | ||||||
21 | including any crime that may have been committed at the time of | ||||||
22 | the violation of the civil no contact order. | ||||||
23 | (d) Contempt of court. A violation of any valid Illinois | ||||||
24 | civil no contact order, whether issued in a civil or criminal | ||||||
25 | proceeding, may be enforced through civil or criminal contempt | ||||||
26 | procedures, as appropriate, by any court with jurisdiction, |
| |||||||
| |||||||
1 | regardless of where the act or acts which violated the civil no | ||||||
2 | contact order were committed, to the extent consistent with | ||||||
3 | the venue provisions of this Act. | ||||||
4 | (1) In a contempt proceeding where the petition for a | ||||||
5 | rule to show cause or petition for adjudication of | ||||||
6 | criminal contempt sets forth facts evidencing an immediate | ||||||
7 | danger that the respondent will flee the jurisdiction or | ||||||
8 | inflict physical abuse on the petitioner or minor children | ||||||
9 | or on dependent adults in the petitioner's care, the court | ||||||
10 | may order the attachment of the respondent without prior | ||||||
11 | service of the petition for a rule to show cause, the rule | ||||||
12 | to show cause, the petition for adjudication of criminal | ||||||
13 | contempt or the adjudication of criminal contempt. Bond | ||||||
14 | Conditions of release shall be set unless specifically | ||||||
15 | denied in writing. | ||||||
16 | (2) A petition for a rule to show cause or a petition | ||||||
17 | for adjudication of criminal contempt for violation of a | ||||||
18 | civil no contact order shall be treated as an expedited | ||||||
19 | proceeding. | ||||||
20 | (e) Actual knowledge. A civil no contact order may be | ||||||
21 | enforced pursuant to this Section if the respondent violates | ||||||
22 | the order after the respondent has actual knowledge of its | ||||||
23 | contents as shown through one of the following means: | ||||||
24 | (1) by service, delivery, or notice under Section 208; | ||||||
25 | (2) by notice under Section 218; | ||||||
26 | (3) by service of a civil no contact order under |
| |||||||
| |||||||
1 | Section 218; or | ||||||
2 | (4) by other means demonstrating actual knowledge of | ||||||
3 | the contents of the order. | ||||||
4 | (f) The enforcement of a civil no contact order in civil or | ||||||
5 | criminal court shall not be affected by either of the | ||||||
6 | following: | ||||||
7 | (1) the existence of a separate, correlative order, | ||||||
8 | entered under Section 202; or | ||||||
9 | (2) any finding or order entered in a conjoined | ||||||
10 | criminal proceeding. | ||||||
11 | (g) Circumstances. The court, when determining whether or | ||||||
12 | not a violation of a civil no contact order has occurred, shall | ||||||
13 | not require physical manifestations of abuse on the person of | ||||||
14 | the victim. | ||||||
15 | (h) Penalties. | ||||||
16 | (1) Except as provided in paragraph (3) of this | ||||||
17 | subsection, where the court finds the commission of a | ||||||
18 | crime or contempt of court under subsection (a) or (b) of | ||||||
19 | this Section, the penalty shall be the penalty that | ||||||
20 | generally applies in such criminal or contempt | ||||||
21 | proceedings, and may include one or more of the following: | ||||||
22 | incarceration, payment of restitution, a fine, payment of | ||||||
23 | attorneys' fees and costs, or community service. | ||||||
24 | (2) The court shall hear and take into account | ||||||
25 | evidence of any factors in aggravation or mitigation | ||||||
26 | before deciding an appropriate penalty under paragraph (1) |
| |||||||
| |||||||
1 | of this subsection. | ||||||
2 | (3) To the extent permitted by law, the court is | ||||||
3 | encouraged to: | ||||||
4 | (i) increase the penalty for the knowing violation | ||||||
5 | of any civil no contact order over any penalty | ||||||
6 | previously imposed by any court for respondent's | ||||||
7 | violation of any civil no contact order or penal | ||||||
8 | statute involving petitioner as victim and respondent | ||||||
9 | as defendant; | ||||||
10 | (ii) impose a minimum penalty of 24 hours | ||||||
11 | imprisonment for respondent's first violation of any | ||||||
12 | civil no contact order; and | ||||||
13 | (iii) impose a minimum penalty of 48 hours | ||||||
14 | imprisonment for respondent's second or subsequent | ||||||
15 | violation of a civil no contact order unless the court | ||||||
16 | explicitly finds that an increased penalty or that | ||||||
17 | period of imprisonment would be manifestly unjust. | ||||||
18 | (4) In addition to any other penalties imposed for a | ||||||
19 | violation of a civil no contact order, a criminal court | ||||||
20 | may consider evidence of any previous violations of a | ||||||
21 | civil no contact order: | ||||||
22 | (i) to increase, revoke or modify the bail bond | ||||||
23 | conditions of pretrial release on an underlying | ||||||
24 | criminal charge pursuant to Section 110-6 of the Code | ||||||
25 | of Criminal Procedure of 1963; | ||||||
26 | (ii) to revoke or modify an order of probation, |
| |||||||
| |||||||
1 | conditional discharge or supervision, pursuant to | ||||||
2 | Section 5-6-4 of the Unified Code of Corrections; or | ||||||
3 | (iii) to revoke or modify a sentence of periodic | ||||||
4 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
5 | Code of Corrections. | ||||||
6 | (Source: P.A. 103-407, eff. 7-28-23.)
| ||||||
7 | Section 340. The Crime Victims Compensation Act is amended | ||||||
8 | by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as follows:
| ||||||
9 | (740 ILCS 45/2) | ||||||
10 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
11 | context otherwise requires: | ||||||
12 | (a) "Applicant" means any of the following claiming | ||||||
13 | compensation under this Act: a victim, a person who was a | ||||||
14 | dependent of a deceased victim of a crime of violence for the | ||||||
15 | person's support at the time of the death of that victim, a | ||||||
16 | person who legally assumes the obligation or who voluntarily | ||||||
17 | pays the medical or the funeral or burial expenses incurred as | ||||||
18 | a direct result of the crime, and any other person the Court of | ||||||
19 | Claims or the Attorney General finds is entitled to | ||||||
20 | compensation, including the guardian of a minor or of a person | ||||||
21 | under legal disability. | ||||||
22 | The changes made to this subsection by Public Act 101-652 | ||||||
23 | apply to actions commenced or pending on or after January 1, | ||||||
24 | 2022. |
| |||||||
| |||||||
1 | (b) "Court of Claims" means the Court of Claims created by | ||||||
2 | the Court of Claims Act. | ||||||
3 | (c) "Crime of violence" means and includes any offense | ||||||
4 | defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
5 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
6 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
7 | 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, | ||||||
8 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
9 | 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||||||
10 | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
11 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
13 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
14 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
15 | Act, driving under the influence as defined in Section 11-501 | ||||||
16 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
17 | the Illinois Vehicle Code, provided the victim was a | ||||||
18 | pedestrian or was operating a vehicle moved solely by human | ||||||
19 | power or a mobility device at the time of contact, and a | ||||||
20 | violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||||||
21 | long as the offense did not occur during a civil riot, | ||||||
22 | insurrection or rebellion. "Crime of violence" does not | ||||||
23 | include any other offense or crash involving a motor vehicle | ||||||
24 | except those vehicle offenses specifically provided for in | ||||||
25 | this paragraph. "Crime of violence" does include all of the | ||||||
26 | offenses specifically provided for in this paragraph that |
| |||||||
| |||||||
1 | occur within this State but are subject to federal | ||||||
2 | jurisdiction and crimes involving terrorism as defined in 18 | ||||||
3 | U.S.C. 2331. | ||||||
4 | (d) "Victim" means (1) a person killed or injured in this | ||||||
5 | State as a result of a crime of violence perpetrated or | ||||||
6 | attempted against him or her, (2) the spouse, or parent , or | ||||||
7 | child of a person killed or injured in this State as a result | ||||||
8 | of a crime of violence perpetrated or attempted against the | ||||||
9 | person, or anyone living in the household of a person killed or | ||||||
10 | injured in a relationship that is substantially similar to | ||||||
11 | that of a parent, spouse, or child, (3) a person killed or | ||||||
12 | injured in this State while attempting to assist a person | ||||||
13 | against whom a crime of violence is being perpetrated or | ||||||
14 | attempted, if that attempt of assistance would be expected of | ||||||
15 | a reasonable person under the circumstances, (4) a person | ||||||
16 | killed or injured in this State while assisting a law | ||||||
17 | enforcement official apprehend a person who has perpetrated a | ||||||
18 | crime of violence or prevent the perpetration of any such | ||||||
19 | crime if that assistance was in response to the express | ||||||
20 | request of the law enforcement official, (5) a person who | ||||||
21 | personally witnessed a violent crime, (5.05) a person who will | ||||||
22 | be called as a witness by the prosecution to establish a | ||||||
23 | necessary nexus between the offender and the violent crime, | ||||||
24 | (5.1) solely for the purpose of compensating for pecuniary | ||||||
25 | loss incurred for psychological treatment of a mental or | ||||||
26 | emotional condition caused or aggravated by the crime, any |
| |||||||
| |||||||
1 | other person under the age of 18 who is the brother, sister, | ||||||
2 | half brother, or half sister , child, or stepchild of a person | ||||||
3 | killed or injured in this State as a result of a crime of | ||||||
4 | violence, (6) an Illinois resident who is a victim of a "crime | ||||||
5 | of violence" as defined in this Act except, if the crime | ||||||
6 | occurred outside this State, the resident has the same rights | ||||||
7 | under this Act as if the crime had occurred in this State upon | ||||||
8 | a showing that the state, territory, country, or political | ||||||
9 | subdivision of a country in which the crime occurred does not | ||||||
10 | have a compensation of victims of crimes law for which that | ||||||
11 | Illinois resident is eligible, (7) the parent, spouse, or | ||||||
12 | child of a deceased person whose body is dismembered or whose | ||||||
13 | remains are desecrated as the result of a crime of violence, or | ||||||
14 | (8) (blank). | ||||||
15 | (e) "Dependent" means a relative of a deceased victim who | ||||||
16 | was wholly or partially dependent upon the victim's income at | ||||||
17 | the time of his or her death and shall include the child of a | ||||||
18 | victim born after his or her death. | ||||||
19 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
20 | stepfather, stepmother, child, grandchild, brother, | ||||||
21 | brother-in-law, sister, sister-in-law, half brother, half | ||||||
22 | sister, spouse's parent, nephew, niece, uncle, or aunt , or | ||||||
23 | anyone living in the household of a person killed or injured in | ||||||
24 | a relationship that is substantially similar to that of a | ||||||
25 | parent, spouse, or child . | ||||||
26 | (g) "Child" means an unmarried a son or daughter who is |
| |||||||
| |||||||
1 | under 18 years of age and includes a stepchild, an adopted | ||||||
2 | child or a child born out of wedlock. | ||||||
3 | (h) "Pecuniary loss" means: | ||||||
4 | (1) in the case of injury, appropriate medical | ||||||
5 | expenses and hospital expenses including expenses of | ||||||
6 | medical examinations, rehabilitation, medically required | ||||||
7 | nursing care expenses, appropriate psychiatric care or | ||||||
8 | psychiatric counseling expenses, appropriate expenses for | ||||||
9 | care or counseling by a licensed clinical psychologist, | ||||||
10 | licensed clinical social worker, licensed professional | ||||||
11 | counselor, or licensed clinical professional counselor and | ||||||
12 | expenses for treatment by Christian Science practitioners | ||||||
13 | and nursing care appropriate thereto; | ||||||
14 | (2) transportation expenses to and from medical and | ||||||
15 | counseling treatment facilities; | ||||||
16 | (3) prosthetic appliances, eyeglasses, and hearing | ||||||
17 | aids necessary or damaged as a result of the crime; | ||||||
18 | (4) expenses incurred for the towing and storage of a | ||||||
19 | victim's vehicle in connection with a crime of violence, | ||||||
20 | to a maximum of $1,000; | ||||||
21 | (5) costs associated with trafficking tattoo removal | ||||||
22 | by a person authorized or licensed to perform the specific | ||||||
23 | removal procedure; | ||||||
24 | (6) replacement costs for clothing and bedding used as | ||||||
25 | evidence; | ||||||
26 | (7) costs associated with temporary lodging or |
| |||||||
| |||||||
1 | relocation necessary as a result of the crime, including, | ||||||
2 | but not limited to, the first 2 months' rent and security | ||||||
3 | deposit of the dwelling that the claimant relocated to and | ||||||
4 | other reasonable relocation expenses incurred as a result | ||||||
5 | of the violent crime; | ||||||
6 | (8) locks or windows necessary or damaged as a result | ||||||
7 | of the crime; | ||||||
8 | (9) the purchase, lease, or rental of equipment | ||||||
9 | necessary to create usability of and accessibility to the | ||||||
10 | victim's real and personal property, or the real and | ||||||
11 | personal property which is used by the victim, necessary | ||||||
12 | as a result of the crime; "real and personal property" | ||||||
13 | includes, but is not limited to, vehicles, houses, | ||||||
14 | apartments, townhouses, or condominiums; | ||||||
15 | (10) the costs of appropriate crime scene clean-up; | ||||||
16 | (11) replacement services loss, to a maximum of $1,250 | ||||||
17 | per month, with this amount to be divided in proportion to | ||||||
18 | the amount of the actual loss among those entitled to | ||||||
19 | compensation; | ||||||
20 | (12) dependents replacement services loss, to a | ||||||
21 | maximum of $1,250 per month, with this amount to be | ||||||
22 | divided in proportion to the amount of the actual loss | ||||||
23 | among those entitled to compensation; | ||||||
24 | (13) loss of tuition paid to attend grammar school or | ||||||
25 | high school when the victim had been enrolled as a student | ||||||
26 | prior to the injury, or college or graduate school when |
| |||||||
| |||||||
1 | the victim had been enrolled as a day or night student | ||||||
2 | prior to the injury when the victim becomes unable to | ||||||
3 | continue attendance at school as a result of the crime of | ||||||
4 | violence perpetrated against him or her; | ||||||
5 | (14) loss of earnings, loss of future earnings because | ||||||
6 | of disability resulting from the injury. Loss of future | ||||||
7 | earnings shall be reduced by any income from substitute | ||||||
8 | work actually performed by the victim or by income the | ||||||
9 | victim would have earned in available appropriate | ||||||
10 | substitute work the victim was capable of performing but | ||||||
11 | unreasonably failed to undertake; loss of earnings and | ||||||
12 | loss of future earnings shall be determined on the basis | ||||||
13 | of the victim's average net monthly earnings for the 6 | ||||||
14 | months immediately preceding the date of the injury or on | ||||||
15 | $1,250 $2,400 per month, whichever is less, or, in cases | ||||||
16 | where the absences commenced more than 3 years from the | ||||||
17 | date of the crime, on the basis of the net monthly earnings | ||||||
18 | for the 6 months immediately preceding the date of the | ||||||
19 | first absence, not to exceed $2,400 per month; | ||||||
20 | (15) loss of support of the dependents of the victim. | ||||||
21 | Loss of support shall be determined on the basis of the | ||||||
22 | victim's average net monthly earnings for the 6 months | ||||||
23 | immediately preceding the date of the injury or on $1,250 | ||||||
24 | $2,400 per month, whichever is less, or, in cases where | ||||||
25 | the absences commenced more than 3 years from the date of | ||||||
26 | the crime, on the basis of the net monthly earnings for the |
| |||||||
| |||||||
1 | 6 months immediately preceding the date of the first | ||||||
2 | absence, not to exceed $1,250 $2,400 per month. If a | ||||||
3 | divorced or legally separated applicant is claiming loss | ||||||
4 | of support for a minor child of the deceased, the amount of | ||||||
5 | support for each child shall be based either on the amount | ||||||
6 | of support pursuant to the judgment prior to the date of | ||||||
7 | the deceased victim's injury or death, or, if the subject | ||||||
8 | of pending litigation filed by or on behalf of the | ||||||
9 | divorced or legally separated applicant prior to the | ||||||
10 | injury or death, on the result of that litigation. Loss of | ||||||
11 | support for minors shall be divided in proportion to the | ||||||
12 | amount of the actual loss among those entitled to such | ||||||
13 | compensation; | ||||||
14 | (16) in the case of death, expenses for reasonable | ||||||
15 | funeral, burial, and travel and transport for survivors of | ||||||
16 | homicide victims to secure bodies of deceased victims and | ||||||
17 | to transport bodies for burial all of which may not exceed | ||||||
18 | be awarded up to a maximum of $7,500 $10,000 for each | ||||||
19 | victim. Other individuals that have paid or become | ||||||
20 | obligated to pay funeral or burial expenses for the | ||||||
21 | deceased shall share a maximum award of $10,000, with the | ||||||
22 | award divided in proportion to the amount of the actual | ||||||
23 | loss among those entitled to compensation; and | ||||||
24 | (17) in the case of dismemberment or desecration of a | ||||||
25 | body, expenses for reasonable funeral and burial, all of | ||||||
26 | which may not exceed be awarded up to a maximum of $7,500 |
| |||||||
| |||||||
1 | $10,000 for each victim. Other individuals that have paid | ||||||
2 | or become obligated to pay funeral or burial expenses for | ||||||
3 | the deceased shall share a maximum award of $7,500 | ||||||
4 | $10,000 , with the award divided in proportion to the | ||||||
5 | amount of the actual loss among those entitled to | ||||||
6 | compensation. | ||||||
7 | "Pecuniary loss" does not include pain and suffering or | ||||||
8 | property loss or damage. | ||||||
9 | The changes made to this subsection by Public Act 101-652 | ||||||
10 | apply to actions commenced or pending on or after January 1, | ||||||
11 | 2022. | ||||||
12 | (i) "Replacement services loss" means expenses reasonably | ||||||
13 | incurred in obtaining ordinary and necessary services in lieu | ||||||
14 | of those the injured person would have performed, not for | ||||||
15 | income, but for the benefit of himself or herself or his or her | ||||||
16 | family, if he or she had not been injured. | ||||||
17 | (j) "Dependents replacement services loss" means loss | ||||||
18 | reasonably incurred by dependents or private legal guardians | ||||||
19 | of minor dependents after a victim's death in obtaining | ||||||
20 | ordinary and necessary services in lieu of those the victim | ||||||
21 | would have performed, not for income, but for their benefit, | ||||||
22 | if he or she had not been fatally injured. | ||||||
23 | (k) "Survivor" means immediate family including a parent, | ||||||
24 | stepfather, stepmother, child, brother, sister, or spouse. | ||||||
25 | (l) "Parent" means a natural parent, adopted parent, | ||||||
26 | stepparent, or permanent legal guardian of another person. |
| |||||||
| |||||||
1 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
2 | victim in connection with the commission of a violation of | ||||||
3 | Section 10-9 of the Criminal Code of 2012. | ||||||
4 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
5 | 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff. | ||||||
6 | 11-17-23.)
| ||||||
7 | (740 ILCS 45/2.5) | ||||||
8 | Sec. 2.5. Felon as victim. Notwithstanding paragraph (d) | ||||||
9 | of Section 2, "victim" does not include a person who is | ||||||
10 | convicted of a felony until that person is discharged from | ||||||
11 | probation or is released from a correctional institution and | ||||||
12 | has been discharged from parole or mandatory supervised | ||||||
13 | release, if any. A victim's criminal history or felony status | ||||||
14 | shall not automatically prevent compensation to that victim or | ||||||
15 | the victim's family. However, no compensation may be granted | ||||||
16 | to a victim or applicant under this Act while the applicant or | ||||||
17 | victim is held in a correctional institution. For purposes of | ||||||
18 | this Section, the death of a felon who is serving a term of | ||||||
19 | parole, probation, or mandatory supervised release shall be | ||||||
20 | considered a discharge from that sentence. No compensation may | ||||||
21 | be granted to an applicant under this Act during a period of | ||||||
22 | time that the applicant is held in a correctional institution. | ||||||
23 | A victim who has been convicted of a felony may apply for | ||||||
24 | assistance under this Act at any time but no award of | ||||||
25 | compensation may be considered until the applicant meets the |
| |||||||
| |||||||
1 | requirements of this Section. | ||||||
2 | The changes made to this Section by this amendatory Act of | ||||||
3 | the 96th General Assembly apply to actions commenced or | ||||||
4 | pending on or after the effective date of this amendatory Act | ||||||
5 | of the 96th General Assembly. | ||||||
6 | (Source: P.A. 101-652, eff. 7-1-21 .)
| ||||||
7 | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1) | ||||||
8 | Sec. 4.1. In addition to other powers and duties set forth | ||||||
9 | in this Act and other powers exercised by the Attorney | ||||||
10 | General, the Attorney General shall : | ||||||
11 | (1) investigate all claims and prepare and present a | ||||||
12 | report of each applicant's claim an investigatory report | ||||||
13 | and a draft award determination to the Court of Claims | ||||||
14 | prior to the issuance of an order by the Court of Claims, | ||||||
15 | for a review period of 28 business days; | ||||||
16 | (2) upon conclusion of the review by the Court of | ||||||
17 | Claims, provide the applicant with a compensation | ||||||
18 | determination letter; | ||||||
19 | (3) prescribe and furnish all applications and other | ||||||
20 | forms required to be filed in the office of the Attorney | ||||||
21 | General by the terms of this Act , ; and | ||||||
22 | (4) represent the interests of the State of Illinois | ||||||
23 | in any hearing before the Court of Claims. | ||||||
24 | The changes made to this Section by this amendatory Act of | ||||||
25 | the 101st General Assembly apply to actions commenced or |
| |||||||
| |||||||
1 | pending on or after January 1, 2022. | ||||||
2 | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| ||||||
3 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1) | ||||||
4 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
5 | compensation under this Act if: | ||||||
6 | (a) Within 2 5 years of the occurrence of the crime, or | ||||||
7 | within one year after a criminal charge of a person for an | ||||||
8 | offense, upon which the claim is based, he or she files the | ||||||
9 | applicant presents an application, under oath, to the | ||||||
10 | Attorney General that is filed with the Court of Claims | ||||||
11 | and on a form prescribed in accordance with Section 7.1 | ||||||
12 | furnished by the Attorney General. If the person entitled | ||||||
13 | to compensation is under 18 years of age or under other | ||||||
14 | legal disability at the time of the occurrence or is | ||||||
15 | determined by a court to be under a legal disability as a | ||||||
16 | result of the occurrence, he or she may file present the | ||||||
17 | application required by this subsection within 2 3 years | ||||||
18 | after he or she attains the age of 18 years or the | ||||||
19 | disability is removed, as the case may be. Legal | ||||||
20 | disability includes a diagnosis of posttraumatic stress | ||||||
21 | disorder. | ||||||
22 | (a-1) The Attorney General and the Court of Claims may | ||||||
23 | accept an application presented after the period provided | ||||||
24 | in subsection (a) if the Attorney General determines that | ||||||
25 | the applicant had good cause for a delay. |
| |||||||
| |||||||
1 | (b) For all crimes of violence, except those listed in | ||||||
2 | subsection (b-1) of this Section, the appropriate law | ||||||
3 | enforcement officials were notified within 72 hours of the | ||||||
4 | perpetration of the crime allegedly causing the death or | ||||||
5 | injury to the victim or, in the event such notification | ||||||
6 | was made more than 72 hours after the perpetration of the | ||||||
7 | crime, the applicant establishes that such notice was | ||||||
8 | timely under the circumstances. | ||||||
9 | (b-1) For victims of offenses defined in Sections | ||||||
10 | 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, | ||||||
11 | 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012, the appropriate law | ||||||
13 | enforcement officials were notified within 7 days of the | ||||||
14 | perpetration of the crime allegedly causing death or | ||||||
15 | injury to the victim or, in the event that the | ||||||
16 | notification was made more than 7 days after the | ||||||
17 | perpetration of the crime, the applicant establishes that | ||||||
18 | the notice was timely under the circumstances. If the | ||||||
19 | applicant or victim has obtained an order of protection, a | ||||||
20 | civil no contact order, or a stalking no contact order, | ||||||
21 | has presented himself or herself to a hospital for medical | ||||||
22 | care or sexual assault evidence collection and medical | ||||||
23 | care , or is engaged in a legal proceeding involving a | ||||||
24 | claim that the applicant or victim is a victim of human | ||||||
25 | trafficking, such action shall constitute appropriate | ||||||
26 | notification under this subsection (b-1) or subsection (b) |
| |||||||
| |||||||
1 | of this Section. | ||||||
2 | (c) The applicant has cooperated with law enforcement | ||||||
3 | officials in the apprehension and prosecution of the | ||||||
4 | assailant. If the applicant or victim has obtained an | ||||||
5 | order of protection, a civil no contact order, or a | ||||||
6 | stalking no contact order, has presented himself or | ||||||
7 | herself to a hospital for medical care or sexual assault | ||||||
8 | evidence collection and medical care , or is engaged in a | ||||||
9 | legal proceeding involving a claim that the applicant or | ||||||
10 | victim is a victim of human trafficking, such action shall | ||||||
11 | constitute cooperation under this subsection (c). If the | ||||||
12 | victim is under 18 years of age at the time of the | ||||||
13 | commission of the offense, the following shall constitute | ||||||
14 | cooperation under this subsection (c): | ||||||
15 | (1) the applicant or the victim files a police | ||||||
16 | report with a law enforcement agency; | ||||||
17 | (2) a mandated reporter reports the crime to law | ||||||
18 | enforcement; or | ||||||
19 | (3) a person with firsthand knowledge of the crime | ||||||
20 | reports the crime to law enforcement. | ||||||
21 | (d) The applicant is not the offender or an accomplice | ||||||
22 | of the offender and the award would not unjustly benefit | ||||||
23 | the offender or his accomplice. | ||||||
24 | (d-1) The injury to or death of the victim was not | ||||||
25 | substantially attributed to his or her own wrongful act | ||||||
26 | and was not substantially provoked by the victim. |
| |||||||
| |||||||
1 | (e) (Blank). | ||||||
2 | (f) For victims of offenses defined in Section 10-9 of | ||||||
3 | the Criminal Code of 2012, the victim submits a statement | ||||||
4 | under oath on a form prescribed by the Attorney General | ||||||
5 | attesting that the removed tattoo was applied in | ||||||
6 | connection with the commission of the offense. | ||||||
7 | (g) (Blank). In determining whether cooperation has | ||||||
8 | been reasonable, the Attorney General and Court of Claims | ||||||
9 | may consider the victim's age, physical condition, | ||||||
10 | psychological state, cultural or linguistic barriers, and | ||||||
11 | compelling health and safety concerns, including, but not | ||||||
12 | limited to, a reasonable fear of retaliation or harm that | ||||||
13 | would jeopardize the well-being of the victim or the | ||||||
14 | victim's family, and giving due consideration to the | ||||||
15 | degree of cooperation that the victim or derivative victim | ||||||
16 | is capable of in light of the presence of any of these | ||||||
17 | factors, or any other factor the Attorney General | ||||||
18 | considers relevant. | ||||||
19 | The changes made to this Section by this amendatory Act of | ||||||
20 | the 101st General Assembly apply to actions commenced or | ||||||
21 | pending on or after January 1, 2022. | ||||||
22 | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| ||||||
23 | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1) | ||||||
24 | Sec. 7.1. (a) The application shall set out: | ||||||
25 | (1) the name and address of the victim; |
| |||||||
| |||||||
1 | (2) if the victim is deceased, the name and address of | ||||||
2 | the applicant and his or her relationship to the victim, | ||||||
3 | the names and addresses of other persons dependent on the | ||||||
4 | victim for their support and the extent to which each is so | ||||||
5 | dependent, and other persons who may be entitled to | ||||||
6 | compensation for a pecuniary loss; | ||||||
7 | (3) the date and nature of the crime on which the | ||||||
8 | application for compensation is based; | ||||||
9 | (4) the date and place where and the law enforcement | ||||||
10 | officials to whom notification of the crime was given; | ||||||
11 | (5) the nature and extent of the injuries sustained by | ||||||
12 | the victim, and the names and addresses of those giving | ||||||
13 | medical and hospitalization treatment to the victim; | ||||||
14 | (6) the pecuniary loss to the applicant and to such | ||||||
15 | other persons as are specified under item (2) resulting | ||||||
16 | from the injury or death; | ||||||
17 | (7) the amount of benefits, payments, or awards, if | ||||||
18 | any, payable under: | ||||||
19 | (a) the Workers' Compensation Act, | ||||||
20 | (b) the Dram Shop Act, | ||||||
21 | (c) any claim, demand, or cause of action based | ||||||
22 | upon the crime-related injury or death, | ||||||
23 | (d) the Federal Medicare program, | ||||||
24 | (e) the State Public Aid program, | ||||||
25 | (f) Social Security Administration burial | ||||||
26 | benefits, |
| |||||||
| |||||||
1 | (g) Veterans administration burial benefits, | ||||||
2 | (h) life, health, accident, vehicle, towing, or | ||||||
3 | liability insurance, | ||||||
4 | (i) the Criminal Victims' Escrow Account Act, | ||||||
5 | (j) the Sexual Assault Survivors Emergency | ||||||
6 | Treatment Act, | ||||||
7 | (k) restitution, or | ||||||
8 | (l) any other source; | ||||||
9 | (8) releases authorizing the surrender to the Court of | ||||||
10 | Claims or Attorney General of reports, documents and other | ||||||
11 | information relating to the matters specified under this | ||||||
12 | Act and rules promulgated in accordance with the Act; | ||||||
13 | (9) such other information as the Court of Claims or | ||||||
14 | the Attorney General reasonably requires. | ||||||
15 | (b) The Attorney General may require that materials | ||||||
16 | substantiating the facts stated in the application be | ||||||
17 | submitted with that application. | ||||||
18 | (c) An applicant, on his or her own motion, may file an | ||||||
19 | amended application or additional substantiating materials to | ||||||
20 | correct inadvertent errors or omissions at any time before the | ||||||
21 | original application has been disposed of by the Court of | ||||||
22 | Claims or the Attorney General . In either case, the filing of | ||||||
23 | additional information or of an amended application shall be | ||||||
24 | considered for the purpose of this Act to have been filed at | ||||||
25 | the same time as the original application. | ||||||
26 | For claims submitted on or after January 1, 2022, an |
| |||||||
| |||||||
1 | amended application or additional substantiating materials to | ||||||
2 | correct inadvertent errors or omissions may be filed at any | ||||||
3 | time before the original application is disposed of by the | ||||||
4 | Attorney General or the Court of Claims. | ||||||
5 | (d) Determinations submitted by the Attorney General to | ||||||
6 | the Court of Claims shall be available to the Court of Claims | ||||||
7 | for review. The Attorney General shall provide the sources and | ||||||
8 | evidence relied upon as a basis for a compensation | ||||||
9 | determination. | ||||||
10 | (e) The changes made to this Section by this amendatory | ||||||
11 | Act of the 101st General Assembly apply to actions commenced | ||||||
12 | or pending on or after January 1, 2022. | ||||||
13 | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21; | ||||||
14 | 102-905, eff. 1-1-23 .)
| ||||||
15 | Section 345. The Illinois Domestic Violence Act of 1986 is | ||||||
16 | amended by changing Sections 223 and 301 as follows:
| ||||||
17 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23) | ||||||
18 | Sec. 223. Enforcement of orders of protection. | ||||||
19 | (a) When violation is crime. A violation of any order of | ||||||
20 | protection, whether issued in a civil or criminal proceeding | ||||||
21 | or by a military judge, shall be enforced by a criminal court | ||||||
22 | when: | ||||||
23 | (1) The respondent commits the crime of violation of | ||||||
24 | an order of protection pursuant to Section 12-3.4 or 12-30 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
2 | by having knowingly violated: | ||||||
3 | (i) remedies described in paragraphs (1), (2), | ||||||
4 | (3), (14), or (14.5) of subsection (b) of Section 214 | ||||||
5 | of this Act; or | ||||||
6 | (ii) a remedy, which is substantially similar to | ||||||
7 | the remedies authorized under paragraphs (1), (2), | ||||||
8 | (3), (14), and (14.5) of subsection (b) of Section 214 | ||||||
9 | of this Act, in a valid order of protection which is | ||||||
10 | authorized under the laws of another state, tribe, or | ||||||
11 | United States territory; or | ||||||
12 | (iii) any other remedy when the act constitutes a | ||||||
13 | crime against the protected parties as defined by the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
15 | Prosecution for a violation of an order of protection | ||||||
16 | shall not bar concurrent prosecution for any other crime, | ||||||
17 | including any crime that may have been committed at the | ||||||
18 | time of the violation of the order of protection; or | ||||||
19 | (2) The respondent commits the crime of child | ||||||
20 | abduction pursuant to Section 10-5 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
22 | violated: | ||||||
23 | (i) remedies described in paragraphs (5), (6) or | ||||||
24 | (8) of subsection (b) of Section 214 of this Act; or | ||||||
25 | (ii) a remedy, which is substantially similar to | ||||||
26 | the remedies authorized under paragraphs (5), (6), or |
| |||||||
| |||||||
1 | (8) of subsection (b) of Section 214 of this Act, in a | ||||||
2 | valid order of protection which is authorized under | ||||||
3 | the laws of another state, tribe, or United States | ||||||
4 | territory. | ||||||
5 | (b) When violation is contempt of court. A violation of | ||||||
6 | any valid Illinois order of protection, whether issued in a | ||||||
7 | civil or criminal proceeding or by a military judge, may be | ||||||
8 | enforced through civil or criminal contempt procedures, as | ||||||
9 | appropriate, by any court with jurisdiction, regardless where | ||||||
10 | the act or acts which violated the order of protection were | ||||||
11 | committed, to the extent consistent with the venue provisions | ||||||
12 | of this Act. Nothing in this Act shall preclude any Illinois | ||||||
13 | court from enforcing any valid order of protection issued in | ||||||
14 | another state. Illinois courts may enforce orders of | ||||||
15 | protection through both criminal prosecution and contempt | ||||||
16 | proceedings, unless the action which is second in time is | ||||||
17 | barred by collateral estoppel or the constitutional | ||||||
18 | prohibition against double jeopardy. | ||||||
19 | (1) In a contempt proceeding where the petition for a | ||||||
20 | rule to show cause sets forth facts evidencing an | ||||||
21 | immediate danger that the respondent will flee the | ||||||
22 | jurisdiction, conceal a child, or inflict physical abuse | ||||||
23 | on the petitioner or minor children or on dependent adults | ||||||
24 | in petitioner's care, the court may order the attachment | ||||||
25 | of the respondent without prior service of the rule to | ||||||
26 | show cause or the petition for a rule to show cause. Bond |
| |||||||
| |||||||
1 | Conditions of release shall be set unless specifically | ||||||
2 | denied in writing. | ||||||
3 | (2) A petition for a rule to show cause for violation | ||||||
4 | of an order of protection shall be treated as an expedited | ||||||
5 | proceeding. | ||||||
6 | (b-1) The court shall not hold a school district or | ||||||
7 | private or non-public school or any of its employees in civil | ||||||
8 | or criminal contempt unless the school district or private or | ||||||
9 | non-public school has been allowed to intervene. | ||||||
10 | (b-2) The court may hold the parents, guardian, or legal | ||||||
11 | custodian of a minor respondent in civil or criminal contempt | ||||||
12 | for a violation of any provision of any order entered under | ||||||
13 | this Act for conduct of the minor respondent in violation of | ||||||
14 | this Act if the parents, guardian, or legal custodian | ||||||
15 | directed, encouraged, or assisted the respondent minor in such | ||||||
16 | conduct. | ||||||
17 | (c) Violation of custody or support orders or temporary or | ||||||
18 | final judgments allocating parental responsibilities. A | ||||||
19 | violation of remedies described in paragraphs (5), (6), (8), | ||||||
20 | or (9) of subsection (b) of Section 214 of this Act may be | ||||||
21 | enforced by any remedy provided by Section 607.5 of the | ||||||
22 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
23 | may enforce any order for support issued under paragraph (12) | ||||||
24 | of subsection (b) of Section 214 in the manner provided for | ||||||
25 | under Parts V and VII of the Illinois Marriage and Dissolution | ||||||
26 | of Marriage Act. |
| |||||||
| |||||||
1 | (d) Actual knowledge. An order of protection may be | ||||||
2 | enforced pursuant to this Section if the respondent violates | ||||||
3 | the order after the respondent has actual knowledge of its | ||||||
4 | contents as shown through one of the following means: | ||||||
5 | (1) By service, delivery, or notice under Section 210. | ||||||
6 | (2) By notice under Section 210.1 or 211. | ||||||
7 | (3) By service of an order of protection under Section | ||||||
8 | 222. | ||||||
9 | (4) By other means demonstrating actual knowledge of | ||||||
10 | the contents of the order. | ||||||
11 | (e) The enforcement of an order of protection in civil or | ||||||
12 | criminal court shall not be affected by either of the | ||||||
13 | following: | ||||||
14 | (1) The existence of a separate, correlative order, | ||||||
15 | entered under Section 215. | ||||||
16 | (2) Any finding or order entered in a conjoined | ||||||
17 | criminal proceeding. | ||||||
18 | (f) Circumstances. The court, when determining whether or | ||||||
19 | not a violation of an order of protection has occurred, shall | ||||||
20 | not require physical manifestations of abuse on the person of | ||||||
21 | the victim. | ||||||
22 | (g) Penalties. | ||||||
23 | (1) Except as provided in paragraph (3) of this | ||||||
24 | subsection, where the court finds the commission of a | ||||||
25 | crime or contempt of court under subsections (a) or (b) of | ||||||
26 | this Section, the penalty shall be the penalty that |
| |||||||
| |||||||
1 | generally applies in such criminal or contempt | ||||||
2 | proceedings, and may include one or more of the following: | ||||||
3 | incarceration, payment of restitution, a fine, payment of | ||||||
4 | attorneys' fees and costs, or community service. | ||||||
5 | (2) The court shall hear and take into account | ||||||
6 | evidence of any factors in aggravation or mitigation | ||||||
7 | before deciding an appropriate penalty under paragraph (1) | ||||||
8 | of this subsection. | ||||||
9 | (3) To the extent permitted by law, the court is | ||||||
10 | encouraged to: | ||||||
11 | (i) increase the penalty for the knowing violation | ||||||
12 | of any order of protection over any penalty previously | ||||||
13 | imposed by any court for respondent's violation of any | ||||||
14 | order of protection or penal statute involving | ||||||
15 | petitioner as victim and respondent as defendant; | ||||||
16 | (ii) impose a minimum penalty of 24 hours | ||||||
17 | imprisonment for respondent's first violation of any | ||||||
18 | order of protection; and | ||||||
19 | (iii) impose a minimum penalty of 48 hours | ||||||
20 | imprisonment for respondent's second or subsequent | ||||||
21 | violation of an order of protection | ||||||
22 | unless the court explicitly finds that an increased | ||||||
23 | penalty or that period of imprisonment would be manifestly | ||||||
24 | unjust. | ||||||
25 | (4) In addition to any other penalties imposed for a | ||||||
26 | violation of an order of protection, a criminal court may |
| |||||||
| |||||||
1 | consider evidence of any violations of an order of | ||||||
2 | protection: | ||||||
3 | (i) to increase, revoke or modify the bail bond | ||||||
4 | conditions of pretrial release on an underlying | ||||||
5 | criminal charge pursuant to Section 110-6 of the Code | ||||||
6 | of Criminal Procedure of 1963; | ||||||
7 | (ii) to revoke or modify an order of probation, | ||||||
8 | conditional discharge or supervision, pursuant to | ||||||
9 | Section 5-6-4 of the Unified Code of Corrections; | ||||||
10 | (iii) to revoke or modify a sentence of periodic | ||||||
11 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
12 | Code of Corrections. | ||||||
13 | (5) In addition to any other penalties, the court | ||||||
14 | shall impose an additional fine of $20 as authorized by | ||||||
15 | Section 5-9-1.11 of the Unified Code of Corrections upon | ||||||
16 | any person convicted of or placed on supervision for a | ||||||
17 | violation of an order of protection. The additional fine | ||||||
18 | shall be imposed for each violation of this Section. | ||||||
19 | (Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
| ||||||
20 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1) | ||||||
21 | Sec. 301. Arrest without warrant. | ||||||
22 | (a) Any law enforcement officer may make an arrest without | ||||||
23 | warrant if the officer has probable cause to believe that the | ||||||
24 | person has committed or is committing any crime, including but | ||||||
25 | not limited to violation of an order of protection, under |
| |||||||
| |||||||
1 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, even if the crime was not committed in | ||||||
3 | the presence of the officer. | ||||||
4 | (b) The law enforcement officer may verify the existence | ||||||
5 | of an order of protection by telephone or radio communication | ||||||
6 | with his or her law enforcement agency or by referring to the | ||||||
7 | copy of the order, or order of protection described on a Hope | ||||||
8 | Card under Section 219.5, provided by the petitioner or | ||||||
9 | respondent. | ||||||
10 | (c) Any law enforcement officer may make an arrest without | ||||||
11 | warrant if the officer has reasonable grounds to believe a | ||||||
12 | defendant at liberty under the provisions of subdivision | ||||||
13 | (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal | ||||||
14 | Procedure of 1963 has violated a condition of his or her bail | ||||||
15 | bond pretrial release or recognizance. | ||||||
16 | (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; | ||||||
17 | 102-813, eff. 5-13-22 .)
| ||||||
18 | Section 350. The Industrial and Linen Supplies Marking Law | ||||||
19 | is amended by changing Section 11 as follows:
| ||||||
20 | (765 ILCS 1045/11) (from Ch. 140, par. 111) | ||||||
21 | Sec. 11. Search warrant. Whenever the registrant, or | ||||||
22 | officer, or authorized agent of any firm, partnership or | ||||||
23 | corporation which is a registrant under this Act, takes an | ||||||
24 | oath before any circuit court, that he has reason to believe |
| |||||||
| |||||||
1 | that any supplies are being unlawfully used, sold, or secreted | ||||||
2 | in any place, the court shall issue a search warrant to any | ||||||
3 | police officer authorizing such officer to search the premises | ||||||
4 | wherein it is alleged such articles may be found and take into | ||||||
5 | custody any person in whose possession the articles are found. | ||||||
6 | Any person so seized shall be taken without unnecessary delay | ||||||
7 | before the court issuing the search warrant. The court is | ||||||
8 | empowered to impose bail conditions of pretrial release on any | ||||||
9 | such person to compel his attendance at any continued hearing. | ||||||
10 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
11 | Section 355. The Illinois Torture Inquiry and Relief | ||||||
12 | Commission Act is amended by changing Section 50 as follows:
| ||||||
13 | (775 ILCS 40/50) | ||||||
14 | Sec. 50. Post-commission judicial review. | ||||||
15 | (a) If the Commission concludes there is sufficient | ||||||
16 | evidence of torture to merit judicial review, the Chair of the | ||||||
17 | Commission shall request the Chief Judge of the Circuit Court | ||||||
18 | of Cook County for assignment to a trial judge for | ||||||
19 | consideration. The court may receive proof by affidavits, | ||||||
20 | depositions, oral testimony, or other evidence. In its | ||||||
21 | discretion the court may order the petitioner brought before | ||||||
22 | the court for the hearing. Notwithstanding the status of any | ||||||
23 | other postconviction proceedings relating to the petitioner, | ||||||
24 | if the court finds in favor of the petitioner, it shall enter |
| |||||||
| |||||||
1 | an appropriate order with respect to the judgment or sentence | ||||||
2 | in the former proceedings and such supplementary orders as to | ||||||
3 | rearraignment, retrial, custody, bail, pretrial release or | ||||||
4 | discharge, or for such relief as may be granted under a | ||||||
5 | petition for a certificate of innocence, as may be necessary | ||||||
6 | and proper. | ||||||
7 | (b) The State's Attorney, or the State's Attorney's | ||||||
8 | designee, shall represent the State at the hearing before the | ||||||
9 | assigned judge. | ||||||
10 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
11 | Section 360. The Unemployment Insurance Act is amended by | ||||||
12 | changing Section 602 as follows:
| ||||||
13 | (820 ILCS 405/602) (from Ch. 48, par. 432) | ||||||
14 | Sec. 602. Discharge for misconduct - Felony. | ||||||
15 | A. An individual shall be ineligible for benefits for the | ||||||
16 | week in which he has been discharged for misconduct connected | ||||||
17 | with his work and, thereafter, until he has become reemployed | ||||||
18 | and has had earnings equal to or in excess of his current | ||||||
19 | weekly benefit amount in each of four calendar weeks which are | ||||||
20 | either for services in employment, or have been or will be | ||||||
21 | reported pursuant to the provisions of the Federal Insurance | ||||||
22 | Contributions Act by each employing unit for which such | ||||||
23 | services are performed and which submits a statement | ||||||
24 | certifying to that fact. The requalification requirements of |
| |||||||
| |||||||
1 | the preceding sentence shall be deemed to have been satisfied, | ||||||
2 | as of the date of reinstatement, if, subsequent to his | ||||||
3 | discharge by an employing unit for misconduct connected with | ||||||
4 | his work, such individual is reinstated by such employing | ||||||
5 | unit. For purposes of this subsection, the term "misconduct" | ||||||
6 | means the deliberate and willful violation of a reasonable | ||||||
7 | rule or policy of the employing unit, governing the | ||||||
8 | individual's behavior in performance of his work, provided | ||||||
9 | such violation has harmed the employing unit or other | ||||||
10 | employees or has been repeated by the individual despite a | ||||||
11 | warning or other explicit instruction from the employing unit. | ||||||
12 | The previous definition notwithstanding, "misconduct" shall | ||||||
13 | include any of the following work-related circumstances: | ||||||
14 | 1. Falsification of an employment application, or any | ||||||
15 | other documentation provided to the employer, to obtain | ||||||
16 | employment through subterfuge. | ||||||
17 | 2. Failure to maintain licenses, registrations, and | ||||||
18 | certifications reasonably required by the employer, or | ||||||
19 | those that the individual is required to possess by law, | ||||||
20 | to perform his or her regular job duties, unless the | ||||||
21 | failure is not within the control of the individual. | ||||||
22 | 3. Knowing, repeated violation of the attendance | ||||||
23 | policies of the employer that are in compliance with State | ||||||
24 | and federal law following a written warning for an | ||||||
25 | attendance violation, unless the individual can | ||||||
26 | demonstrate that he or she has made a reasonable effort to |
| |||||||
| |||||||
1 | remedy the reason or reasons for the violations or that | ||||||
2 | the reason or reasons for the violations were out of the | ||||||
3 | individual's control. Attendance policies of the employer | ||||||
4 | shall be reasonable and provided to the individual in | ||||||
5 | writing, electronically, or via posting in the workplace. | ||||||
6 | 4. Damaging the employer's property through conduct | ||||||
7 | that is grossly negligent. | ||||||
8 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
9 | instruction, unless the refusal is due to the lack of | ||||||
10 | ability, skills, or training for the individual required | ||||||
11 | to obey the instruction or the instruction would result in | ||||||
12 | an unsafe act. | ||||||
13 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
14 | prescription drugs, or using an impairing substance in an | ||||||
15 | off-label manner, on the employer's premises during | ||||||
16 | working hours in violation of the employer's policies. | ||||||
17 | 7. Reporting to work under the influence of alcohol, | ||||||
18 | illegal or non-prescribed prescription drugs, or an | ||||||
19 | impairing substance used in an off-label manner in | ||||||
20 | violation of the employer's policies, unless the | ||||||
21 | individual is compelled to report to work by the employer | ||||||
22 | outside of scheduled and on-call working hours and informs | ||||||
23 | the employer that he or she is under the influence of | ||||||
24 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
25 | an impairing substance used in an off-label manner in | ||||||
26 | violation of the employer's policies. |
| |||||||
| |||||||
1 | 8. Grossly negligent conduct endangering the safety of | ||||||
2 | the individual or co-workers. | ||||||
3 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
4 | negligent" when the individual is, or reasonably should be, | ||||||
5 | aware of a substantial risk that the conduct will result in the | ||||||
6 | harm sought to be prevented and the conduct constitutes a | ||||||
7 | substantial deviation from the standard of care a reasonable | ||||||
8 | person would exercise in the situation. | ||||||
9 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
10 | over-the-counter drug products as defined in Section 206 of | ||||||
11 | the Illinois Controlled Substances Act, provided that the | ||||||
12 | medication does not affect the safe performance of the | ||||||
13 | employee's work duties. | ||||||
14 | B. Notwithstanding any other provision of this Act, no | ||||||
15 | benefit rights shall accrue to any individual based upon wages | ||||||
16 | from any employer for service rendered prior to the day upon | ||||||
17 | which such individual was discharged because of the commission | ||||||
18 | of a felony in connection with his work, or because of theft in | ||||||
19 | connection with his work, for which the employer was in no way | ||||||
20 | responsible; provided, that the employer notified the Director | ||||||
21 | of such possible ineligibility within the time limits | ||||||
22 | specified by regulations of the Director, and that the | ||||||
23 | individual has admitted his commission of the felony or theft | ||||||
24 | to a representative of the Director, or has signed a written | ||||||
25 | admission of such act and such written admission has been | ||||||
26 | presented to a representative of the Director, or such act has |
| |||||||
| |||||||
1 | resulted in a conviction or order of supervision by a court of | ||||||
2 | competent jurisdiction; and provided further, that if by | ||||||
3 | reason of such act, he is in legal custody, held on bail | ||||||
4 | pretrial release or is a fugitive from justice, the | ||||||
5 | determination of his benefit rights shall be held in abeyance | ||||||
6 | pending the result of any legal proceedings arising therefrom. | ||||||
7 | (Source: P.A. 101-652, eff. 1-1-23 .)
| ||||||
8 | (730 ILCS 5/3-6-7.1 rep.) | ||||||
9 | (730 ILCS 5/3-6-7.2 rep.) | ||||||
10 | (730 ILCS 5/3-6-7.3 rep.) | ||||||
11 | (730 ILCS 5/3-6-7.4 rep.) | ||||||
12 | Section 365. The Unified Code of Corrections is amended by | ||||||
13 | repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
| ||||||
14 | (730 ILCS 125/17.6 rep.) | ||||||
15 | (730 ILCS 125/17.7 rep.) | ||||||
16 | (730 ILCS 125/17.8 rep.) | ||||||
17 | (730 ILCS 125/17.9 rep.) | ||||||
18 | Section 370. The County Jail Act is amended by repealing | ||||||
19 | Sections 17.6, 17.7, 17.8, and 17.9.
| ||||||
20 | Section 365. The Open Meetings Act is amended by changing | ||||||
21 | Section 2 as follows:
| ||||||
22 | (5 ILCS 120/2) (from Ch. 102, par. 42) |
| |||||||
| |||||||
1 | Sec. 2. Open meetings. | ||||||
2 | (a) Openness required. All meetings of public bodies shall | ||||||
3 | be open to the public unless excepted in subsection (c) and | ||||||
4 | closed in accordance with Section 2a. | ||||||
5 | (b) Construction of exceptions. The exceptions contained | ||||||
6 | in subsection (c) are in derogation of the requirement that | ||||||
7 | public bodies meet in the open, and therefore, the exceptions | ||||||
8 | are to be strictly construed, extending only to subjects | ||||||
9 | clearly within their scope. The exceptions authorize but do | ||||||
10 | not require the holding of a closed meeting to discuss a | ||||||
11 | subject included within an enumerated exception. | ||||||
12 | (c) Exceptions. A public body may hold closed meetings to | ||||||
13 | consider the following subjects: | ||||||
14 | (1) The appointment, employment, compensation, | ||||||
15 | discipline, performance, or dismissal of specific | ||||||
16 | employees, specific individuals who serve as independent | ||||||
17 | contractors in a park, recreational, or educational | ||||||
18 | setting, or specific volunteers of the public body or | ||||||
19 | legal counsel for the public body, including hearing | ||||||
20 | testimony on a complaint lodged against an employee, a | ||||||
21 | specific individual who serves as an independent | ||||||
22 | contractor in a park, recreational, or educational | ||||||
23 | setting, or a volunteer of the public body or against | ||||||
24 | legal counsel for the public body to determine its | ||||||
25 | validity. However, a meeting to consider an increase in | ||||||
26 | compensation to a specific employee of a public body that |
| |||||||
| |||||||
1 | is subject to the Local Government Wage Increase | ||||||
2 | Transparency Act may not be closed and shall be open to the | ||||||
3 | public and posted and held in accordance with this Act. | ||||||
4 | (2) Collective negotiating matters between the public | ||||||
5 | body and its employees or their representatives, or | ||||||
6 | deliberations concerning salary schedules for one or more | ||||||
7 | classes of employees. | ||||||
8 | (3) The selection of a person to fill a public office, | ||||||
9 | as defined in this Act, including a vacancy in a public | ||||||
10 | office, when the public body is given power to appoint | ||||||
11 | under law or ordinance, or the discipline, performance or | ||||||
12 | removal of the occupant of a public office, when the | ||||||
13 | public body is given power to remove the occupant under | ||||||
14 | law or ordinance. | ||||||
15 | (4) Evidence or testimony presented in open hearing, | ||||||
16 | or in closed hearing where specifically authorized by law, | ||||||
17 | to a quasi-adjudicative body, as defined in this Act, | ||||||
18 | provided that the body prepares and makes available for | ||||||
19 | public inspection a written decision setting forth its | ||||||
20 | determinative reasoning. | ||||||
21 | (4.5) Evidence or testimony presented to a school | ||||||
22 | board regarding denial of admission to school events or | ||||||
23 | property pursuant to Section 24-24 of the School Code, | ||||||
24 | provided that the school board prepares and makes | ||||||
25 | available for public inspection a written decision setting | ||||||
26 | forth its determinative reasoning. |
| |||||||
| |||||||
1 | (5) The purchase or lease of real property for the use | ||||||
2 | of the public body, including meetings held for the | ||||||
3 | purpose of discussing whether a particular parcel should | ||||||
4 | be acquired. | ||||||
5 | (6) The setting of a price for sale or lease of | ||||||
6 | property owned by the public body. | ||||||
7 | (7) The sale or purchase of securities, investments, | ||||||
8 | or investment contracts. This exception shall not apply to | ||||||
9 | the investment of assets or income of funds deposited into | ||||||
10 | the Illinois Prepaid Tuition Trust Fund. | ||||||
11 | (8) Security procedures, school building safety and | ||||||
12 | security, and the use of personnel and equipment to | ||||||
13 | respond to an actual, a threatened, or a reasonably | ||||||
14 | potential danger to the safety of employees, students, | ||||||
15 | staff, the public, or public property. | ||||||
16 | (9) Student disciplinary cases. | ||||||
17 | (10) The placement of individual students in special | ||||||
18 | education programs and other matters relating to | ||||||
19 | individual students. | ||||||
20 | (11) Litigation, when an action against, affecting or | ||||||
21 | on behalf of the particular public body has been filed and | ||||||
22 | is pending before a court or administrative tribunal, or | ||||||
23 | when the public body finds that an action is probable or | ||||||
24 | imminent, in which case the basis for the finding shall be | ||||||
25 | recorded and entered into the minutes of the closed | ||||||
26 | meeting. |
| |||||||
| |||||||
1 | (12) The establishment of reserves or settlement of | ||||||
2 | claims as provided in the Local Governmental and | ||||||
3 | Governmental Employees Tort Immunity Act, if otherwise the | ||||||
4 | disposition of a claim or potential claim might be | ||||||
5 | prejudiced, or the review or discussion of claims, loss or | ||||||
6 | risk management information, records, data, advice or | ||||||
7 | communications from or with respect to any insurer of the | ||||||
8 | public body or any intergovernmental risk management | ||||||
9 | association or self insurance pool of which the public | ||||||
10 | body is a member. | ||||||
11 | (13) Conciliation of complaints of discrimination in | ||||||
12 | the sale or rental of housing, when closed meetings are | ||||||
13 | authorized by the law or ordinance prescribing fair | ||||||
14 | housing practices and creating a commission or | ||||||
15 | administrative agency for their enforcement. | ||||||
16 | (14) Informant sources, the hiring or assignment of | ||||||
17 | undercover personnel or equipment, or ongoing, prior or | ||||||
18 | future criminal investigations, when discussed by a public | ||||||
19 | body with criminal investigatory responsibilities. | ||||||
20 | (15) Professional ethics or performance when | ||||||
21 | considered by an advisory body appointed to advise a | ||||||
22 | licensing or regulatory agency on matters germane to the | ||||||
23 | advisory body's field of competence. | ||||||
24 | (16) Self evaluation, practices and procedures or | ||||||
25 | professional ethics, when meeting with a representative of | ||||||
26 | a statewide association of which the public body is a |
| |||||||
| |||||||
1 | member. | ||||||
2 | (17) The recruitment, credentialing, discipline or | ||||||
3 | formal peer review of physicians or other health care | ||||||
4 | professionals, or for the discussion of matters protected | ||||||
5 | under the federal Patient Safety and Quality Improvement | ||||||
6 | Act of 2005, and the regulations promulgated thereunder, | ||||||
7 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
8 | Health Insurance Portability and Accountability Act of | ||||||
9 | 1996, and the regulations promulgated thereunder, | ||||||
10 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
11 | hospital, or other institution providing medical care, | ||||||
12 | that is operated by the public body. | ||||||
13 | (18) Deliberations for decisions of the Prisoner | ||||||
14 | Review Board. | ||||||
15 | (19) Review or discussion of applications received | ||||||
16 | under the Experimental Organ Transplantation Procedures | ||||||
17 | Act. | ||||||
18 | (20) The classification and discussion of matters | ||||||
19 | classified as confidential or continued confidential by | ||||||
20 | the State Government Suggestion Award Board. | ||||||
21 | (21) Discussion of minutes of meetings lawfully closed | ||||||
22 | under this Act, whether for purposes of approval by the | ||||||
23 | body of the minutes or semi-annual review of the minutes | ||||||
24 | as mandated by Section 2.06. | ||||||
25 | (22) Deliberations for decisions of the State | ||||||
26 | Emergency Medical Services Disciplinary Review Board. |
| |||||||
| |||||||
1 | (23) The operation by a municipality of a municipal | ||||||
2 | utility or the operation of a municipal power agency or | ||||||
3 | municipal natural gas agency when the discussion involves | ||||||
4 | (i) contracts relating to the purchase, sale, or delivery | ||||||
5 | of electricity or natural gas or (ii) the results or | ||||||
6 | conclusions of load forecast studies. | ||||||
7 | (24) Meetings of a residential health care facility | ||||||
8 | resident sexual assault and death review team or the | ||||||
9 | Executive Council under the Abuse Prevention Review Team | ||||||
10 | Act. | ||||||
11 | (25) Meetings of an independent team of experts under | ||||||
12 | Brian's Law. | ||||||
13 | (26) Meetings of a mortality review team appointed | ||||||
14 | under the Department of Juvenile Justice Mortality Review | ||||||
15 | Team Act. | ||||||
16 | (27) (Blank). | ||||||
17 | (28) Correspondence and records (i) that may not be | ||||||
18 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
19 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
20 | the Illinois Public Aid Code. | ||||||
21 | (29) Meetings between internal or external auditors | ||||||
22 | and governmental audit committees, finance committees, and | ||||||
23 | their equivalents, when the discussion involves internal | ||||||
24 | control weaknesses, identification of potential fraud risk | ||||||
25 | areas, known or suspected frauds, and fraud interviews | ||||||
26 | conducted in accordance with generally accepted auditing |
| |||||||
| |||||||
1 | standards of the United States of America. | ||||||
2 | (30) Those meetings or portions of meetings of a | ||||||
3 | fatality review team or the Illinois Fatality Review Team | ||||||
4 | Advisory Council during which a review of the death of an | ||||||
5 | eligible adult in which abuse or neglect is suspected, | ||||||
6 | alleged, or substantiated is conducted pursuant to Section | ||||||
7 | 15 of the Adult Protective Services Act. | ||||||
8 | (31) Meetings and deliberations for decisions of the | ||||||
9 | Concealed Carry Licensing Review Board under the Firearm | ||||||
10 | Concealed Carry Act. | ||||||
11 | (32) Meetings between the Regional Transportation | ||||||
12 | Authority Board and its Service Boards when the discussion | ||||||
13 | involves review by the Regional Transportation Authority | ||||||
14 | Board of employment contracts under Section 28d of the | ||||||
15 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
16 | 3B.26 of the Regional Transportation Authority Act. | ||||||
17 | (33) Those meetings or portions of meetings of the | ||||||
18 | advisory committee and peer review subcommittee created | ||||||
19 | under Section 320 of the Illinois Controlled Substances | ||||||
20 | Act during which specific controlled substance prescriber, | ||||||
21 | dispenser, or patient information is discussed. | ||||||
22 | (34) Meetings of the Tax Increment Financing Reform | ||||||
23 | Task Force under Section 2505-800 of the Department of | ||||||
24 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
25 | (35) Meetings of the group established to discuss | ||||||
26 | Medicaid capitation rates under Section 5-30.8 of the |
| |||||||
| |||||||
1 | Illinois Public Aid Code. | ||||||
2 | (36) Those deliberations or portions of deliberations | ||||||
3 | for decisions of the Illinois Gaming Board in which there | ||||||
4 | is discussed any of the following: (i) personal, | ||||||
5 | commercial, financial, or other information obtained from | ||||||
6 | any source that is privileged, proprietary, confidential, | ||||||
7 | or a trade secret; or (ii) information specifically | ||||||
8 | exempted from the disclosure by federal or State law. | ||||||
9 | (37) (Blank). Deliberations for decisions of the | ||||||
10 | Illinois Law Enforcement Training Standards Board, the | ||||||
11 | Certification Review Panel, and the Illinois State Police | ||||||
12 | Merit Board regarding certification and decertification. | ||||||
13 | (38) Meetings of the Ad Hoc Statewide Domestic | ||||||
14 | Violence Fatality Review Committee of the Illinois | ||||||
15 | Criminal Justice Information Authority Board that occur in | ||||||
16 | closed executive session under subsection (d) of Section | ||||||
17 | 35 of the Domestic Violence Fatality Review Act. | ||||||
18 | (39) Meetings of the regional review teams under | ||||||
19 | subsection (a) of Section 75 of the Domestic Violence | ||||||
20 | Fatality Review Act. | ||||||
21 | (40) Meetings of the Firearm Owner's Identification | ||||||
22 | Card Review Board under Section 10 of the Firearm Owners | ||||||
23 | Identification Card Act. | ||||||
24 | (d) Definitions. For purposes of this Section: | ||||||
25 | "Employee" means a person employed by a public body whose | ||||||
26 | relationship with the public body constitutes an |
| |||||||
| |||||||
1 | employer-employee relationship under the usual common law | ||||||
2 | rules, and who is not an independent contractor. | ||||||
3 | "Public office" means a position created by or under the | ||||||
4 | Constitution or laws of this State, the occupant of which is | ||||||
5 | charged with the exercise of some portion of the sovereign | ||||||
6 | power of this State. The term "public office" shall include | ||||||
7 | members of the public body, but it shall not include | ||||||
8 | organizational positions filled by members thereof, whether | ||||||
9 | established by law or by a public body itself, that exist to | ||||||
10 | assist the body in the conduct of its business. | ||||||
11 | "Quasi-adjudicative body" means an administrative body | ||||||
12 | charged by law or ordinance with the responsibility to conduct | ||||||
13 | hearings, receive evidence or testimony and make | ||||||
14 | determinations based thereon, but does not include local | ||||||
15 | electoral boards when such bodies are considering petition | ||||||
16 | challenges. | ||||||
17 | (e) Final action. No final action may be taken at a closed | ||||||
18 | meeting. Final action shall be preceded by a public recital of | ||||||
19 | the nature of the matter being considered and other | ||||||
20 | information that will inform the public of the business being | ||||||
21 | conducted. | ||||||
22 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
23 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
24 | 7-28-23.)
| ||||||
25 | Section 375. The Freedom of Information Act is amended by |
| |||||||
| |||||||
1 | changing Sections 7 and 7.5 as follows:
| ||||||
2 | (5 ILCS 140/7) | ||||||
3 | Sec. 7. Exemptions. | ||||||
4 | (1) When a request is made to inspect or copy a public | ||||||
5 | record that contains information that is exempt from | ||||||
6 | disclosure under this Section, but also contains information | ||||||
7 | that is not exempt from disclosure, the public body may elect | ||||||
8 | to redact the information that is exempt. The public body | ||||||
9 | shall make the remaining information available for inspection | ||||||
10 | and copying. Subject to this requirement, the following shall | ||||||
11 | be exempt from inspection and copying: | ||||||
12 | (a) Information specifically prohibited from | ||||||
13 | disclosure by federal or State law or rules and | ||||||
14 | regulations implementing federal or State law. | ||||||
15 | (b) Private information, unless disclosure is required | ||||||
16 | by another provision of this Act, a State or federal law, | ||||||
17 | or a court order. | ||||||
18 | (b-5) Files, documents, and other data or databases | ||||||
19 | maintained by one or more law enforcement agencies and | ||||||
20 | specifically designed to provide information to one or | ||||||
21 | more law enforcement agencies regarding the physical or | ||||||
22 | mental status of one or more individual subjects. | ||||||
23 | (c) Personal information contained within public | ||||||
24 | records, the disclosure of which would constitute a | ||||||
25 | clearly unwarranted invasion of personal privacy, unless |
| |||||||
| |||||||
1 | the disclosure is consented to in writing by the | ||||||
2 | individual subjects of the information. "Unwarranted | ||||||
3 | invasion of personal privacy" means the disclosure of | ||||||
4 | information that is highly personal or objectionable to a | ||||||
5 | reasonable person and in which the subject's right to | ||||||
6 | privacy outweighs any legitimate public interest in | ||||||
7 | obtaining the information. The disclosure of information | ||||||
8 | that bears on the public duties of public employees and | ||||||
9 | officials shall not be considered an invasion of personal | ||||||
10 | privacy. | ||||||
11 | (d) Records in the possession of any public body | ||||||
12 | created in the course of administrative enforcement | ||||||
13 | proceedings, and any law enforcement or correctional | ||||||
14 | agency for law enforcement purposes, but only to the | ||||||
15 | extent that disclosure would: | ||||||
16 | (i) interfere with pending or actually and | ||||||
17 | reasonably contemplated law enforcement proceedings | ||||||
18 | conducted by any law enforcement or correctional | ||||||
19 | agency that is the recipient of the request; | ||||||
20 | (ii) interfere with active administrative | ||||||
21 | enforcement proceedings conducted by the public body | ||||||
22 | that is the recipient of the request; | ||||||
23 | (iii) create a substantial likelihood that a | ||||||
24 | person will be deprived of a fair trial or an impartial | ||||||
25 | hearing; | ||||||
26 | (iv) unavoidably disclose the identity of a |
| |||||||
| |||||||
1 | confidential source, confidential information | ||||||
2 | furnished only by the confidential source, or persons | ||||||
3 | who file complaints with or provide information to | ||||||
4 | administrative, investigative, law enforcement, or | ||||||
5 | penal agencies; except that the identities of | ||||||
6 | witnesses to traffic crashes, traffic crash reports, | ||||||
7 | and rescue reports shall be provided by agencies of | ||||||
8 | local government, except when disclosure would | ||||||
9 | interfere with an active criminal investigation | ||||||
10 | conducted by the agency that is the recipient of the | ||||||
11 | request; | ||||||
12 | (v) disclose unique or specialized investigative | ||||||
13 | techniques other than those generally used and known | ||||||
14 | or disclose internal documents of correctional | ||||||
15 | agencies related to detection, observation, or | ||||||
16 | investigation of incidents of crime or misconduct, and | ||||||
17 | disclosure would result in demonstrable harm to the | ||||||
18 | agency or public body that is the recipient of the | ||||||
19 | request; | ||||||
20 | (vi) endanger the life or physical safety of law | ||||||
21 | enforcement personnel or any other person; or | ||||||
22 | (vii) obstruct an ongoing criminal investigation | ||||||
23 | by the agency that is the recipient of the request. | ||||||
24 | (d-5) A law enforcement record created for law | ||||||
25 | enforcement purposes and contained in a shared electronic | ||||||
26 | record management system if the law enforcement agency |
| |||||||
| |||||||
1 | that is the recipient of the request did not create the | ||||||
2 | record, did not participate in or have a role in any of the | ||||||
3 | events which are the subject of the record, and only has | ||||||
4 | access to the record through the shared electronic record | ||||||
5 | management system. | ||||||
6 | (d-6) (Blank). Records contained in the Officer | ||||||
7 | Professional Conduct Database under Section 9.2 of the | ||||||
8 | Illinois Police Training Act, except to the extent | ||||||
9 | authorized under that Section. This includes the documents | ||||||
10 | supplied to the Illinois Law Enforcement Training | ||||||
11 | Standards Board from the Illinois State Police and | ||||||
12 | Illinois State Police Merit Board. | ||||||
13 | (d-7) Information gathered or records created from the | ||||||
14 | use of automatic license plate readers in connection with | ||||||
15 | Section 2-130 of the Illinois Vehicle Code. | ||||||
16 | (e) Records that relate to or affect the security of | ||||||
17 | correctional institutions and detention facilities. | ||||||
18 | (e-5) Records requested by persons committed to the | ||||||
19 | Department of Corrections, Department of Human Services | ||||||
20 | Division of Mental Health, or a county jail if those | ||||||
21 | materials are available in the library of the correctional | ||||||
22 | institution or facility or jail where the inmate is | ||||||
23 | confined. | ||||||
24 | (e-6) Records requested by persons committed to the | ||||||
25 | Department of Corrections, Department of Human Services | ||||||
26 | Division of Mental Health, or a county jail if those |
| |||||||
| |||||||
1 | materials include records from staff members' personnel | ||||||
2 | files, staff rosters, or other staffing assignment | ||||||
3 | information. | ||||||
4 | (e-7) Records requested by persons committed to the | ||||||
5 | Department of Corrections or Department of Human Services | ||||||
6 | Division of Mental Health if those materials are available | ||||||
7 | through an administrative request to the Department of | ||||||
8 | Corrections or Department of Human Services Division of | ||||||
9 | Mental Health. | ||||||
10 | (e-8) Records requested by a person committed to the | ||||||
11 | Department of Corrections, Department of Human Services | ||||||
12 | Division of Mental Health, or a county jail, the | ||||||
13 | disclosure of which would result in the risk of harm to any | ||||||
14 | person or the risk of an escape from a jail or correctional | ||||||
15 | institution or facility. | ||||||
16 | (e-9) Records requested by a person in a county jail | ||||||
17 | or committed to the Department of Corrections or | ||||||
18 | Department of Human Services Division of Mental Health, | ||||||
19 | containing personal information pertaining to the person's | ||||||
20 | victim or the victim's family, including, but not limited | ||||||
21 | to, a victim's home address, home telephone number, work | ||||||
22 | or school address, work telephone number, social security | ||||||
23 | number, or any other identifying information, except as | ||||||
24 | may be relevant to a requester's current or potential case | ||||||
25 | or claim. | ||||||
26 | (e-10) Law enforcement records of other persons |
| |||||||
| |||||||
1 | requested by a person committed to the Department of | ||||||
2 | Corrections, Department of Human Services Division of | ||||||
3 | Mental Health, or a county jail, including, but not | ||||||
4 | limited to, arrest and booking records, mug shots, and | ||||||
5 | crime scene photographs, except as these records may be | ||||||
6 | relevant to the requester's current or potential case or | ||||||
7 | claim. | ||||||
8 | (f) Preliminary drafts, notes, recommendations, | ||||||
9 | memoranda, and other records in which opinions are | ||||||
10 | expressed, or policies or actions are formulated, except | ||||||
11 | that a specific record or relevant portion of a record | ||||||
12 | shall not be exempt when the record is publicly cited and | ||||||
13 | identified by the head of the public body. The exemption | ||||||
14 | provided in this paragraph (f) extends to all those | ||||||
15 | records of officers and agencies of the General Assembly | ||||||
16 | that pertain to the preparation of legislative documents. | ||||||
17 | (g) Trade secrets and commercial or financial | ||||||
18 | information obtained from a person or business where the | ||||||
19 | trade secrets or commercial or financial information are | ||||||
20 | furnished under a claim that they are proprietary, | ||||||
21 | privileged, or confidential, and that disclosure of the | ||||||
22 | trade secrets or commercial or financial information would | ||||||
23 | cause competitive harm to the person or business, and only | ||||||
24 | insofar as the claim directly applies to the records | ||||||
25 | requested. | ||||||
26 | The information included under this exemption includes |
| |||||||
| |||||||
1 | all trade secrets and commercial or financial information | ||||||
2 | obtained by a public body, including a public pension | ||||||
3 | fund, from a private equity fund or a privately held | ||||||
4 | company within the investment portfolio of a private | ||||||
5 | equity fund as a result of either investing or evaluating | ||||||
6 | a potential investment of public funds in a private equity | ||||||
7 | fund. The exemption contained in this item does not apply | ||||||
8 | to the aggregate financial performance information of a | ||||||
9 | private equity fund, nor to the identity of the fund's | ||||||
10 | managers or general partners. The exemption contained in | ||||||
11 | this item does not apply to the identity of a privately | ||||||
12 | held company within the investment portfolio of a private | ||||||
13 | equity fund, unless the disclosure of the identity of a | ||||||
14 | privately held company may cause competitive harm. | ||||||
15 | Nothing contained in this paragraph (g) shall be | ||||||
16 | construed to prevent a person or business from consenting | ||||||
17 | to disclosure. | ||||||
18 | (h) Proposals and bids for any contract, grant, or | ||||||
19 | agreement, including information which if it were | ||||||
20 | disclosed would frustrate procurement or give an advantage | ||||||
21 | to any person proposing to enter into a contractor | ||||||
22 | agreement with the body, until an award or final selection | ||||||
23 | is made. Information prepared by or for the body in | ||||||
24 | preparation of a bid solicitation shall be exempt until an | ||||||
25 | award or final selection is made. | ||||||
26 | (i) Valuable formulae, computer geographic systems, |
| |||||||
| |||||||
1 | designs, drawings, and research data obtained or produced | ||||||
2 | by any public body when disclosure could reasonably be | ||||||
3 | expected to produce private gain or public loss. The | ||||||
4 | exemption for "computer geographic systems" provided in | ||||||
5 | this paragraph (i) does not extend to requests made by | ||||||
6 | news media as defined in Section 2 of this Act when the | ||||||
7 | requested information is not otherwise exempt and the only | ||||||
8 | purpose of the request is to access and disseminate | ||||||
9 | information regarding the health, safety, welfare, or | ||||||
10 | legal rights of the general public. | ||||||
11 | (j) The following information pertaining to | ||||||
12 | educational matters: | ||||||
13 | (i) test questions, scoring keys, and other | ||||||
14 | examination data used to administer an academic | ||||||
15 | examination; | ||||||
16 | (ii) information received by a primary or | ||||||
17 | secondary school, college, or university under its | ||||||
18 | procedures for the evaluation of faculty members by | ||||||
19 | their academic peers; | ||||||
20 | (iii) information concerning a school or | ||||||
21 | university's adjudication of student disciplinary | ||||||
22 | cases, but only to the extent that disclosure would | ||||||
23 | unavoidably reveal the identity of the student; and | ||||||
24 | (iv) course materials or research materials used | ||||||
25 | by faculty members. | ||||||
26 | (k) Architects' plans, engineers' technical |
| |||||||
| |||||||
1 | submissions, and other construction related technical | ||||||
2 | documents for projects not constructed or developed in | ||||||
3 | whole or in part with public funds and the same for | ||||||
4 | projects constructed or developed with public funds, | ||||||
5 | including, but not limited to, power generating and | ||||||
6 | distribution stations and other transmission and | ||||||
7 | distribution facilities, water treatment facilities, | ||||||
8 | airport facilities, sport stadiums, convention centers, | ||||||
9 | and all government owned, operated, or occupied buildings, | ||||||
10 | but only to the extent that disclosure would compromise | ||||||
11 | security. | ||||||
12 | (l) Minutes of meetings of public bodies closed to the | ||||||
13 | public as provided in the Open Meetings Act until the | ||||||
14 | public body makes the minutes available to the public | ||||||
15 | under Section 2.06 of the Open Meetings Act. | ||||||
16 | (m) Communications between a public body and an | ||||||
17 | attorney or auditor representing the public body that | ||||||
18 | would not be subject to discovery in litigation, and | ||||||
19 | materials prepared or compiled by or for a public body in | ||||||
20 | anticipation of a criminal, civil, or administrative | ||||||
21 | proceeding upon the request of an attorney advising the | ||||||
22 | public body, and materials prepared or compiled with | ||||||
23 | respect to internal audits of public bodies. | ||||||
24 | (n) Records relating to a public body's adjudication | ||||||
25 | of employee grievances or disciplinary cases; however, | ||||||
26 | this exemption shall not extend to the final outcome of |
| |||||||
| |||||||
1 | cases in which discipline is imposed. | ||||||
2 | (o) Administrative or technical information associated | ||||||
3 | with automated data processing operations, including, but | ||||||
4 | not limited to, software, operating protocols, computer | ||||||
5 | program abstracts, file layouts, source listings, object | ||||||
6 | modules, load modules, user guides, documentation | ||||||
7 | pertaining to all logical and physical design of | ||||||
8 | computerized systems, employee manuals, and any other | ||||||
9 | information that, if disclosed, would jeopardize the | ||||||
10 | security of the system or its data or the security of | ||||||
11 | materials exempt under this Section. | ||||||
12 | (p) Records relating to collective negotiating matters | ||||||
13 | between public bodies and their employees or | ||||||
14 | representatives, except that any final contract or | ||||||
15 | agreement shall be subject to inspection and copying. | ||||||
16 | (q) Test questions, scoring keys, and other | ||||||
17 | examination data used to determine the qualifications of | ||||||
18 | an applicant for a license or employment. | ||||||
19 | (r) The records, documents, and information relating | ||||||
20 | to real estate purchase negotiations until those | ||||||
21 | negotiations have been completed or otherwise terminated. | ||||||
22 | With regard to a parcel involved in a pending or actually | ||||||
23 | and reasonably contemplated eminent domain proceeding | ||||||
24 | under the Eminent Domain Act, records, documents, and | ||||||
25 | information relating to that parcel shall be exempt except | ||||||
26 | as may be allowed under discovery rules adopted by the |
| |||||||
| |||||||
1 | Illinois Supreme Court. The records, documents, and | ||||||
2 | information relating to a real estate sale shall be exempt | ||||||
3 | until a sale is consummated. | ||||||
4 | (s) Any and all proprietary information and records | ||||||
5 | related to the operation of an intergovernmental risk | ||||||
6 | management association or self-insurance pool or jointly | ||||||
7 | self-administered health and accident cooperative or pool. | ||||||
8 | Insurance or self-insurance (including any | ||||||
9 | intergovernmental risk management association or | ||||||
10 | self-insurance pool) claims, loss or risk management | ||||||
11 | information, records, data, advice, or communications. | ||||||
12 | (t) Information contained in or related to | ||||||
13 | examination, operating, or condition reports prepared by, | ||||||
14 | on behalf of, or for the use of a public body responsible | ||||||
15 | for the regulation or supervision of financial | ||||||
16 | institutions, insurance companies, or pharmacy benefit | ||||||
17 | managers, unless disclosure is otherwise required by State | ||||||
18 | law. | ||||||
19 | (u) Information that would disclose or might lead to | ||||||
20 | the disclosure of secret or confidential information, | ||||||
21 | codes, algorithms, programs, or private keys intended to | ||||||
22 | be used to create electronic signatures under the Uniform | ||||||
23 | Electronic Transactions Act. | ||||||
24 | (v) Vulnerability assessments, security measures, and | ||||||
25 | response policies or plans that are designed to identify, | ||||||
26 | prevent, or respond to potential attacks upon a |
| |||||||
| |||||||
1 | community's population or systems, facilities, or | ||||||
2 | installations, but only to the extent that disclosure | ||||||
3 | could reasonably be expected to expose the vulnerability | ||||||
4 | or jeopardize the effectiveness of the measures, policies, | ||||||
5 | or plans, or the safety of the personnel who implement | ||||||
6 | them or the public. Information exempt under this item may | ||||||
7 | include such things as details pertaining to the | ||||||
8 | mobilization or deployment of personnel or equipment, to | ||||||
9 | the operation of communication systems or protocols, to | ||||||
10 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
11 | (w) (Blank). | ||||||
12 | (x) Maps and other records regarding the location or | ||||||
13 | security of generation, transmission, distribution, | ||||||
14 | storage, gathering, treatment, or switching facilities | ||||||
15 | owned by a utility, by a power generator, or by the | ||||||
16 | Illinois Power Agency. | ||||||
17 | (y) Information contained in or related to proposals, | ||||||
18 | bids, or negotiations related to electric power | ||||||
19 | procurement under Section 1-75 of the Illinois Power | ||||||
20 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
21 | Act that is determined to be confidential and proprietary | ||||||
22 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
23 | Commission. | ||||||
24 | (z) Information about students exempted from | ||||||
25 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
26 | School Code, and information about undergraduate students |
| |||||||
| |||||||
1 | enrolled at an institution of higher education exempted | ||||||
2 | from disclosure under Section 25 of the Illinois Credit | ||||||
3 | Card Marketing Act of 2009. | ||||||
4 | (aa) Information the disclosure of which is exempted | ||||||
5 | under the Viatical Settlements Act of 2009. | ||||||
6 | (bb) Records and information provided to a mortality | ||||||
7 | review team and records maintained by a mortality review | ||||||
8 | team appointed under the Department of Juvenile Justice | ||||||
9 | Mortality Review Team Act. | ||||||
10 | (cc) Information regarding interments, entombments, or | ||||||
11 | inurnments of human remains that are submitted to the | ||||||
12 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
13 | the Cemetery Oversight Act, whichever is applicable. | ||||||
14 | (dd) Correspondence and records (i) that may not be | ||||||
15 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
16 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
17 | the Illinois Public Aid Code. | ||||||
18 | (ee) The names, addresses, or other personal | ||||||
19 | information of persons who are minors and are also | ||||||
20 | participants and registrants in programs of park | ||||||
21 | districts, forest preserve districts, conservation | ||||||
22 | districts, recreation agencies, and special recreation | ||||||
23 | associations. | ||||||
24 | (ff) The names, addresses, or other personal | ||||||
25 | information of participants and registrants in programs of | ||||||
26 | park districts, forest preserve districts, conservation |
| |||||||
| |||||||
1 | districts, recreation agencies, and special recreation | ||||||
2 | associations where such programs are targeted primarily to | ||||||
3 | minors. | ||||||
4 | (gg) Confidential information described in Section | ||||||
5 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
6 | 2012. | ||||||
7 | (hh) The report submitted to the State Board of | ||||||
8 | Education by the School Security and Standards Task Force | ||||||
9 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
10 | School Code and any information contained in that report. | ||||||
11 | (ii) Records requested by persons committed to or | ||||||
12 | detained by the Department of Human Services under the | ||||||
13 | Sexually Violent Persons Commitment Act or committed to | ||||||
14 | the Department of Corrections under the Sexually Dangerous | ||||||
15 | Persons Act if those materials: (i) are available in the | ||||||
16 | library of the facility where the individual is confined; | ||||||
17 | (ii) include records from staff members' personnel files, | ||||||
18 | staff rosters, or other staffing assignment information; | ||||||
19 | or (iii) are available through an administrative request | ||||||
20 | to the Department of Human Services or the Department of | ||||||
21 | Corrections. | ||||||
22 | (jj) Confidential information described in Section | ||||||
23 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
24 | (kk) The public body's credit card numbers, debit card | ||||||
25 | numbers, bank account numbers, Federal Employer | ||||||
26 | Identification Number, security code numbers, passwords, |
| |||||||
| |||||||
1 | and similar account information, the disclosure of which | ||||||
2 | could result in identity theft or impression or defrauding | ||||||
3 | of a governmental entity or a person. | ||||||
4 | (ll) Records concerning the work of the threat | ||||||
5 | assessment team of a school district, including, but not | ||||||
6 | limited to, any threat assessment procedure under the | ||||||
7 | School Safety Drill Act and any information contained in | ||||||
8 | the procedure. | ||||||
9 | (mm) Information prohibited from being disclosed under | ||||||
10 | subsections (a) and (b) of Section 15 of the Student | ||||||
11 | Confidential Reporting Act. | ||||||
12 | (nn) Proprietary information submitted to the | ||||||
13 | Environmental Protection Agency under the Drug Take-Back | ||||||
14 | Act. | ||||||
15 | (oo) Records described in subsection (f) of Section | ||||||
16 | 3-5-1 of the Unified Code of Corrections. | ||||||
17 | (pp) Any and all information regarding burials, | ||||||
18 | interments, or entombments of human remains as required to | ||||||
19 | be reported to the Department of Natural Resources | ||||||
20 | pursuant either to the Archaeological and Paleontological | ||||||
21 | Resources Protection Act or the Human Remains Protection | ||||||
22 | Act. | ||||||
23 | (qq) (pp) Reports described in subsection (e) of | ||||||
24 | Section 16-15 of the Abortion Care Clinical Training | ||||||
25 | Program Act. | ||||||
26 | (rr) (pp) Information obtained by a certified local |
| |||||||
| |||||||
1 | health department under the Access to Public Health Data | ||||||
2 | Act. | ||||||
3 | (ss) (pp) For a request directed to a public body that | ||||||
4 | is also a HIPAA-covered entity, all information that is | ||||||
5 | protected health information, including demographic | ||||||
6 | information, that may be contained within or extracted | ||||||
7 | from any record held by the public body in compliance with | ||||||
8 | State and federal medical privacy laws and regulations, | ||||||
9 | including, but not limited to, the Health Insurance | ||||||
10 | Portability and Accountability Act and its regulations, 45 | ||||||
11 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
12 | "HIPAA-covered entity" has the meaning given to the term | ||||||
13 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
14 | information" has the meaning given to that term in 45 CFR | ||||||
15 | 160.103. | ||||||
16 | (1.5) Any information exempt from disclosure under the | ||||||
17 | Judicial Privacy Act shall be redacted from public records | ||||||
18 | prior to disclosure under this Act. | ||||||
19 | (2) A public record that is not in the possession of a | ||||||
20 | public body but is in the possession of a party with whom the | ||||||
21 | agency has contracted to perform a governmental function on | ||||||
22 | behalf of the public body, and that directly relates to the | ||||||
23 | governmental function and is not otherwise exempt under this | ||||||
24 | Act, shall be considered a public record of the public body, | ||||||
25 | for purposes of this Act. | ||||||
26 | (3) This Section does not authorize withholding of |
| |||||||
| |||||||
1 | information or limit the availability of records to the | ||||||
2 | public, except as stated in this Section or otherwise provided | ||||||
3 | in this Act. | ||||||
4 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
5 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
6 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
7 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
8 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
9 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised | ||||||
10 | 9-7-23.)
| ||||||
11 | (5 ILCS 140/7.5) | ||||||
12 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
13 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
14 | by the statutes referenced below, the following shall be | ||||||
15 | exempt from inspection and copying: | ||||||
16 | (a) All information determined to be confidential | ||||||
17 | under Section 4002 of the Technology Advancement and | ||||||
18 | Development Act. | ||||||
19 | (b) Library circulation and order records identifying | ||||||
20 | library users with specific materials under the Library | ||||||
21 | Records Confidentiality Act. | ||||||
22 | (c) Applications, related documents, and medical | ||||||
23 | records received by the Experimental Organ Transplantation | ||||||
24 | Procedures Board and any and all documents or other | ||||||
25 | records prepared by the Experimental Organ Transplantation |
| |||||||
| |||||||
1 | Procedures Board or its staff relating to applications it | ||||||
2 | has received. | ||||||
3 | (d) Information and records held by the Department of | ||||||
4 | Public Health and its authorized representatives relating | ||||||
5 | to known or suspected cases of sexually transmissible | ||||||
6 | disease or any information the disclosure of which is | ||||||
7 | restricted under the Illinois Sexually Transmissible | ||||||
8 | Disease Control Act. | ||||||
9 | (e) Information the disclosure of which is exempted | ||||||
10 | under Section 30 of the Radon Industry Licensing Act. | ||||||
11 | (f) Firm performance evaluations under Section 55 of | ||||||
12 | the Architectural, Engineering, and Land Surveying | ||||||
13 | Qualifications Based Selection Act. | ||||||
14 | (g) Information the disclosure of which is restricted | ||||||
15 | and exempted under Section 50 of the Illinois Prepaid | ||||||
16 | Tuition Act. | ||||||
17 | (h) Information the disclosure of which is exempted | ||||||
18 | under the State Officials and Employees Ethics Act, and | ||||||
19 | records of any lawfully created State or local inspector | ||||||
20 | general's office that would be exempt if created or | ||||||
21 | obtained by an Executive Inspector General's office under | ||||||
22 | that Act. | ||||||
23 | (i) Information contained in a local emergency energy | ||||||
24 | plan submitted to a municipality in accordance with a | ||||||
25 | local emergency energy plan ordinance that is adopted | ||||||
26 | under Section 11-21.5-5 of the Illinois Municipal Code. |
| |||||||
| |||||||
1 | (j) Information and data concerning the distribution | ||||||
2 | of surcharge moneys collected and remitted by carriers | ||||||
3 | under the Emergency Telephone System Act. | ||||||
4 | (k) Law enforcement officer identification information | ||||||
5 | or driver identification information compiled by a law | ||||||
6 | enforcement agency or the Department of Transportation | ||||||
7 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
8 | (l) Records and information provided to a residential | ||||||
9 | health care facility resident sexual assault and death | ||||||
10 | review team or the Executive Council under the Abuse | ||||||
11 | Prevention Review Team Act. | ||||||
12 | (m) Information provided to the predatory lending | ||||||
13 | database created pursuant to Article 3 of the Residential | ||||||
14 | Real Property Disclosure Act, except to the extent | ||||||
15 | authorized under that Article. | ||||||
16 | (n) Defense budgets and petitions for certification of | ||||||
17 | compensation and expenses for court appointed trial | ||||||
18 | counsel as provided under Sections 10 and 15 of the | ||||||
19 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
20 | (n) shall apply until the conclusion of the trial of the | ||||||
21 | case, even if the prosecution chooses not to pursue the | ||||||
22 | death penalty prior to trial or sentencing. | ||||||
23 | (o) Information that is prohibited from being | ||||||
24 | disclosed under Section 4 of the Illinois Health and | ||||||
25 | Hazardous Substances Registry Act. | ||||||
26 | (p) Security portions of system safety program plans, |
| |||||||
| |||||||
1 | investigation reports, surveys, schedules, lists, data, or | ||||||
2 | information compiled, collected, or prepared by or for the | ||||||
3 | Department of Transportation under Sections 2705-300 and | ||||||
4 | 2705-616 of the Department of Transportation Law of the | ||||||
5 | Civil Administrative Code of Illinois, the Regional | ||||||
6 | Transportation Authority under Section 2.11 of the | ||||||
7 | Regional Transportation Authority Act, or the St. Clair | ||||||
8 | County Transit District under the Bi-State Transit Safety | ||||||
9 | Act (repealed) . | ||||||
10 | (q) Information prohibited from being disclosed by the | ||||||
11 | Personnel Record Review Act. | ||||||
12 | (r) Information prohibited from being disclosed by the | ||||||
13 | Illinois School Student Records Act. | ||||||
14 | (s) Information the disclosure of which is restricted | ||||||
15 | under Section 5-108 of the Public Utilities Act. | ||||||
16 | (t) (Blank). | ||||||
17 | (u) Records and information provided to an independent | ||||||
18 | team of experts under the Developmental Disability and | ||||||
19 | Mental Health Safety Act (also known as Brian's Law). | ||||||
20 | (v) Names and information of people who have applied | ||||||
21 | for or received Firearm Owner's Identification Cards under | ||||||
22 | the Firearm Owners Identification Card Act or applied for | ||||||
23 | or received a concealed carry license under the Firearm | ||||||
24 | Concealed Carry Act, unless otherwise authorized by the | ||||||
25 | Firearm Concealed Carry Act; and databases under the | ||||||
26 | Firearm Concealed Carry Act, records of the Concealed |
| |||||||
| |||||||
1 | Carry Licensing Review Board under the Firearm Concealed | ||||||
2 | Carry Act, and law enforcement agency objections under the | ||||||
3 | Firearm Concealed Carry Act. | ||||||
4 | (v-5) Records of the Firearm Owner's Identification | ||||||
5 | Card Review Board that are exempted from disclosure under | ||||||
6 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
7 | (w) Personally identifiable information which is | ||||||
8 | exempted from disclosure under subsection (g) of Section | ||||||
9 | 19.1 of the Toll Highway Act. | ||||||
10 | (x) Information which is exempted from disclosure | ||||||
11 | under Section 5-1014.3 of the Counties Code or Section | ||||||
12 | 8-11-21 of the Illinois Municipal Code. | ||||||
13 | (y) Confidential information under the Adult | ||||||
14 | Protective Services Act and its predecessor enabling | ||||||
15 | statute, the Elder Abuse and Neglect Act, including | ||||||
16 | information about the identity and administrative finding | ||||||
17 | against any caregiver of a verified and substantiated | ||||||
18 | decision of abuse, neglect, or financial exploitation of | ||||||
19 | an eligible adult maintained in the Registry established | ||||||
20 | under Section 7.5 of the Adult Protective Services Act. | ||||||
21 | (z) Records and information provided to a fatality | ||||||
22 | review team or the Illinois Fatality Review Team Advisory | ||||||
23 | Council under Section 15 of the Adult Protective Services | ||||||
24 | Act. | ||||||
25 | (aa) Information which is exempted from disclosure | ||||||
26 | under Section 2.37 of the Wildlife Code. |
| |||||||
| |||||||
1 | (bb) Information which is or was prohibited from | ||||||
2 | disclosure by the Juvenile Court Act of 1987. | ||||||
3 | (cc) Recordings made under the Law Enforcement | ||||||
4 | Officer-Worn Body Camera Act, except to the extent | ||||||
5 | authorized under that Act. | ||||||
6 | (dd) Information that is prohibited from being | ||||||
7 | disclosed under Section 45 of the Condominium and Common | ||||||
8 | Interest Community Ombudsperson Act. | ||||||
9 | (ee) Information that is exempted from disclosure | ||||||
10 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
11 | (ff) Information that is exempted from disclosure | ||||||
12 | under the Revised Uniform Unclaimed Property Act. | ||||||
13 | (gg) Information that is prohibited from being | ||||||
14 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
15 | Code. | ||||||
16 | (hh) Records that are exempt from disclosure under | ||||||
17 | Section 1A-16.7 of the Election Code. | ||||||
18 | (ii) Information which is exempted from disclosure | ||||||
19 | under Section 2505-800 of the Department of Revenue Law of | ||||||
20 | the Civil Administrative Code of Illinois. | ||||||
21 | (jj) Information and reports that are required to be | ||||||
22 | submitted to the Department of Labor by registering day | ||||||
23 | and temporary labor service agencies but are exempt from | ||||||
24 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
25 | and Temporary Labor Services Act. | ||||||
26 | (kk) Information prohibited from disclosure under the |
| |||||||
| |||||||
1 | Seizure and Forfeiture Reporting Act. | ||||||
2 | (ll) Information the disclosure of which is restricted | ||||||
3 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
4 | Aid Code. | ||||||
5 | (mm) Records that are exempt from disclosure under | ||||||
6 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
7 | (nn) Information that is exempt from disclosure under | ||||||
8 | Section 70 of the Higher Education Student Assistance Act. | ||||||
9 | (oo) Communications, notes, records, and reports | ||||||
10 | arising out of a peer support counseling session | ||||||
11 | prohibited from disclosure under the First Responders | ||||||
12 | Suicide Prevention Act. | ||||||
13 | (pp) Names and all identifying information relating to | ||||||
14 | an employee of an emergency services provider or law | ||||||
15 | enforcement agency under the First Responders Suicide | ||||||
16 | Prevention Act. | ||||||
17 | (qq) Information and records held by the Department of | ||||||
18 | Public Health and its authorized representatives collected | ||||||
19 | under the Reproductive Health Act. | ||||||
20 | (rr) Information that is exempt from disclosure under | ||||||
21 | the Cannabis Regulation and Tax Act. | ||||||
22 | (ss) Data reported by an employer to the Department of | ||||||
23 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
24 | Human Rights Act. | ||||||
25 | (tt) Recordings made under the Children's Advocacy | ||||||
26 | Center Act, except to the extent authorized under that |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (uu) Information that is exempt from disclosure under | ||||||
3 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
4 | (vv) Information that is exempt from disclosure under | ||||||
5 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
6 | Public Aid Code. | ||||||
7 | (ww) Information that is exempt from disclosure under | ||||||
8 | Section 16.8 of the State Treasurer Act. | ||||||
9 | (xx) Information that is exempt from disclosure or | ||||||
10 | information that shall not be made public under the | ||||||
11 | Illinois Insurance Code. | ||||||
12 | (yy) Information prohibited from being disclosed under | ||||||
13 | the Illinois Educational Labor Relations Act. | ||||||
14 | (zz) Information prohibited from being disclosed under | ||||||
15 | the Illinois Public Labor Relations Act. | ||||||
16 | (aaa) Information prohibited from being disclosed | ||||||
17 | under Section 1-167 of the Illinois Pension Code. | ||||||
18 | (bbb) (Blank). Information that is prohibited from | ||||||
19 | disclosure by the Illinois Police Training Act and the | ||||||
20 | Illinois State Police Act. | ||||||
21 | (ccc) Records exempt from disclosure under Section | ||||||
22 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
23 | Administrative Code of Illinois. | ||||||
24 | (ddd) Information prohibited from being disclosed | ||||||
25 | under Section 35 of the Address Confidentiality for | ||||||
26 | Victims of Domestic Violence, Sexual Assault, Human |
| |||||||
| |||||||
1 | Trafficking, or Stalking Act. | ||||||
2 | (eee) Information prohibited from being disclosed | ||||||
3 | under subsection (b) of Section 75 of the Domestic | ||||||
4 | Violence Fatality Review Act. | ||||||
5 | (fff) Images from cameras under the Expressway Camera | ||||||
6 | Act. This subsection (fff) is inoperative on and after | ||||||
7 | July 1, 2025. | ||||||
8 | (ggg) Information prohibited from disclosure under | ||||||
9 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
10 | Agency Licensing Act. | ||||||
11 | (hhh) Information submitted to the Illinois State | ||||||
12 | Police in an affidavit or application for an assault | ||||||
13 | weapon endorsement, assault weapon attachment endorsement, | ||||||
14 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
15 | endorsement under the Firearm Owners Identification Card | ||||||
16 | Act. | ||||||
17 | (iii) Data exempt from disclosure under Section 50 of | ||||||
18 | the School Safety Drill Act. | ||||||
19 | (jjj) (hhh) Information exempt from disclosure under | ||||||
20 | Section 30 of the Insurance Data Security Law. | ||||||
21 | (kkk) (iii) Confidential business information | ||||||
22 | prohibited from disclosure under Section 45 of the Paint | ||||||
23 | Stewardship Act. | ||||||
24 | (lll) (Reserved). | ||||||
25 | (mmm) (iii) Information prohibited from being | ||||||
26 | disclosed under subsection (e) of Section 1-129 of the |
| |||||||
| |||||||
1 | Illinois Power Agency Act. | ||||||
2 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
3 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
4 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
5 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
6 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
7 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
8 | revised 1-2-24.)
| ||||||
9 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
10 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
11 | by the statutes referenced below, the following shall be | ||||||
12 | exempt from inspection and copying: | ||||||
13 | (a) All information determined to be confidential | ||||||
14 | under Section 4002 of the Technology Advancement and | ||||||
15 | Development Act. | ||||||
16 | (b) Library circulation and order records identifying | ||||||
17 | library users with specific materials under the Library | ||||||
18 | Records Confidentiality Act. | ||||||
19 | (c) Applications, related documents, and medical | ||||||
20 | records received by the Experimental Organ Transplantation | ||||||
21 | Procedures Board and any and all documents or other | ||||||
22 | records prepared by the Experimental Organ Transplantation | ||||||
23 | Procedures Board or its staff relating to applications it | ||||||
24 | has received. | ||||||
25 | (d) Information and records held by the Department of |
| |||||||
| |||||||
1 | Public Health and its authorized representatives relating | ||||||
2 | to known or suspected cases of sexually transmissible | ||||||
3 | disease or any information the disclosure of which is | ||||||
4 | restricted under the Illinois Sexually Transmissible | ||||||
5 | Disease Control Act. | ||||||
6 | (e) Information the disclosure of which is exempted | ||||||
7 | under Section 30 of the Radon Industry Licensing Act. | ||||||
8 | (f) Firm performance evaluations under Section 55 of | ||||||
9 | the Architectural, Engineering, and Land Surveying | ||||||
10 | Qualifications Based Selection Act. | ||||||
11 | (g) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 50 of the Illinois Prepaid | ||||||
13 | Tuition Act. | ||||||
14 | (h) Information the disclosure of which is exempted | ||||||
15 | under the State Officials and Employees Ethics Act, and | ||||||
16 | records of any lawfully created State or local inspector | ||||||
17 | general's office that would be exempt if created or | ||||||
18 | obtained by an Executive Inspector General's office under | ||||||
19 | that Act. | ||||||
20 | (i) Information contained in a local emergency energy | ||||||
21 | plan submitted to a municipality in accordance with a | ||||||
22 | local emergency energy plan ordinance that is adopted | ||||||
23 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
24 | (j) Information and data concerning the distribution | ||||||
25 | of surcharge moneys collected and remitted by carriers | ||||||
26 | under the Emergency Telephone System Act. |
| |||||||
| |||||||
1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the | ||||||
16 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
17 | (n) shall apply until the conclusion of the trial of the | ||||||
18 | case, even if the prosecution chooses not to pursue the | ||||||
19 | death penalty prior to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Department of Transportation under Sections 2705-300 and |
| |||||||
| |||||||
1 | 2705-616 of the Department of Transportation Law of the | ||||||
2 | Civil Administrative Code of Illinois, the Regional | ||||||
3 | Transportation Authority under Section 2.11 of the | ||||||
4 | Regional Transportation Authority Act, or the St. Clair | ||||||
5 | County Transit District under the Bi-State Transit Safety | ||||||
6 | Act (repealed) . | ||||||
7 | (q) Information prohibited from being disclosed by the | ||||||
8 | Personnel Record Review Act. | ||||||
9 | (r) Information prohibited from being disclosed by the | ||||||
10 | Illinois School Student Records Act. | ||||||
11 | (s) Information the disclosure of which is restricted | ||||||
12 | under Section 5-108 of the Public Utilities Act. | ||||||
13 | (t) (Blank). | ||||||
14 | (u) Records and information provided to an independent | ||||||
15 | team of experts under the Developmental Disability and | ||||||
16 | Mental Health Safety Act (also known as Brian's Law). | ||||||
17 | (v) Names and information of people who have applied | ||||||
18 | for or received Firearm Owner's Identification Cards under | ||||||
19 | the Firearm Owners Identification Card Act or applied for | ||||||
20 | or received a concealed carry license under the Firearm | ||||||
21 | Concealed Carry Act, unless otherwise authorized by the | ||||||
22 | Firearm Concealed Carry Act; and databases under the | ||||||
23 | Firearm Concealed Carry Act, records of the Concealed | ||||||
24 | Carry Licensing Review Board under the Firearm Concealed | ||||||
25 | Carry Act, and law enforcement agency objections under the | ||||||
26 | Firearm Concealed Carry Act. |
| |||||||
| |||||||
1 | (v-5) Records of the Firearm Owner's Identification | ||||||
2 | Card Review Board that are exempted from disclosure under | ||||||
3 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
4 | (w) Personally identifiable information which is | ||||||
5 | exempted from disclosure under subsection (g) of Section | ||||||
6 | 19.1 of the Toll Highway Act. | ||||||
7 | (x) Information which is exempted from disclosure | ||||||
8 | under Section 5-1014.3 of the Counties Code or Section | ||||||
9 | 8-11-21 of the Illinois Municipal Code. | ||||||
10 | (y) Confidential information under the Adult | ||||||
11 | Protective Services Act and its predecessor enabling | ||||||
12 | statute, the Elder Abuse and Neglect Act, including | ||||||
13 | information about the identity and administrative finding | ||||||
14 | against any caregiver of a verified and substantiated | ||||||
15 | decision of abuse, neglect, or financial exploitation of | ||||||
16 | an eligible adult maintained in the Registry established | ||||||
17 | under Section 7.5 of the Adult Protective Services Act. | ||||||
18 | (z) Records and information provided to a fatality | ||||||
19 | review team or the Illinois Fatality Review Team Advisory | ||||||
20 | Council under Section 15 of the Adult Protective Services | ||||||
21 | Act. | ||||||
22 | (aa) Information which is exempted from disclosure | ||||||
23 | under Section 2.37 of the Wildlife Code. | ||||||
24 | (bb) Information which is or was prohibited from | ||||||
25 | disclosure by the Juvenile Court Act of 1987. | ||||||
26 | (cc) Recordings made under the Law Enforcement |
| |||||||
| |||||||
1 | Officer-Worn Body Camera Act, except to the extent | ||||||
2 | authorized under that Act. | ||||||
3 | (dd) Information that is prohibited from being | ||||||
4 | disclosed under Section 45 of the Condominium and Common | ||||||
5 | Interest Community Ombudsperson Act. | ||||||
6 | (ee) Information that is exempted from disclosure | ||||||
7 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
8 | (ff) Information that is exempted from disclosure | ||||||
9 | under the Revised Uniform Unclaimed Property Act. | ||||||
10 | (gg) Information that is prohibited from being | ||||||
11 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
12 | Code. | ||||||
13 | (hh) Records that are exempt from disclosure under | ||||||
14 | Section 1A-16.7 of the Election Code. | ||||||
15 | (ii) Information which is exempted from disclosure | ||||||
16 | under Section 2505-800 of the Department of Revenue Law of | ||||||
17 | the Civil Administrative Code of Illinois. | ||||||
18 | (jj) Information and reports that are required to be | ||||||
19 | submitted to the Department of Labor by registering day | ||||||
20 | and temporary labor service agencies but are exempt from | ||||||
21 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
22 | and Temporary Labor Services Act. | ||||||
23 | (kk) Information prohibited from disclosure under the | ||||||
24 | Seizure and Forfeiture Reporting Act. | ||||||
25 | (ll) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 5-30.8 of the Illinois Public |
| |||||||
| |||||||
1 | Aid Code. | ||||||
2 | (mm) Records that are exempt from disclosure under | ||||||
3 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
4 | (nn) Information that is exempt from disclosure under | ||||||
5 | Section 70 of the Higher Education Student Assistance Act. | ||||||
6 | (oo) Communications, notes, records, and reports | ||||||
7 | arising out of a peer support counseling session | ||||||
8 | prohibited from disclosure under the First Responders | ||||||
9 | Suicide Prevention Act. | ||||||
10 | (pp) Names and all identifying information relating to | ||||||
11 | an employee of an emergency services provider or law | ||||||
12 | enforcement agency under the First Responders Suicide | ||||||
13 | Prevention Act. | ||||||
14 | (qq) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives collected | ||||||
16 | under the Reproductive Health Act. | ||||||
17 | (rr) Information that is exempt from disclosure under | ||||||
18 | the Cannabis Regulation and Tax Act. | ||||||
19 | (ss) Data reported by an employer to the Department of | ||||||
20 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
21 | Human Rights Act. | ||||||
22 | (tt) Recordings made under the Children's Advocacy | ||||||
23 | Center Act, except to the extent authorized under that | ||||||
24 | Act. | ||||||
25 | (uu) Information that is exempt from disclosure under | ||||||
26 | Section 50 of the Sexual Assault Evidence Submission Act. |
| |||||||
| |||||||
1 | (vv) Information that is exempt from disclosure under | ||||||
2 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
3 | Public Aid Code. | ||||||
4 | (ww) Information that is exempt from disclosure under | ||||||
5 | Section 16.8 of the State Treasurer Act. | ||||||
6 | (xx) Information that is exempt from disclosure or | ||||||
7 | information that shall not be made public under the | ||||||
8 | Illinois Insurance Code. | ||||||
9 | (yy) Information prohibited from being disclosed under | ||||||
10 | the Illinois Educational Labor Relations Act. | ||||||
11 | (zz) Information prohibited from being disclosed under | ||||||
12 | the Illinois Public Labor Relations Act. | ||||||
13 | (aaa) Information prohibited from being disclosed | ||||||
14 | under Section 1-167 of the Illinois Pension Code. | ||||||
15 | (bbb) (Blank). Information that is prohibited from | ||||||
16 | disclosure by the Illinois Police Training Act and the | ||||||
17 | Illinois State Police Act. | ||||||
18 | (ccc) Records exempt from disclosure under Section | ||||||
19 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
20 | Administrative Code of Illinois. | ||||||
21 | (ddd) Information prohibited from being disclosed | ||||||
22 | under Section 35 of the Address Confidentiality for | ||||||
23 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
24 | Trafficking, or Stalking Act. | ||||||
25 | (eee) Information prohibited from being disclosed | ||||||
26 | under subsection (b) of Section 75 of the Domestic |
| |||||||
| |||||||
1 | Violence Fatality Review Act. | ||||||
2 | (fff) Images from cameras under the Expressway Camera | ||||||
3 | Act. This subsection (fff) is inoperative on and after | ||||||
4 | July 1, 2025. | ||||||
5 | (ggg) Information prohibited from disclosure under | ||||||
6 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
7 | Agency Licensing Act. | ||||||
8 | (hhh) Information submitted to the Illinois State | ||||||
9 | Police in an affidavit or application for an assault | ||||||
10 | weapon endorsement, assault weapon attachment endorsement, | ||||||
11 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
12 | endorsement under the Firearm Owners Identification Card | ||||||
13 | Act. | ||||||
14 | (iii) Data exempt from disclosure under Section 50 of | ||||||
15 | the School Safety Drill Act. | ||||||
16 | (jjj) (hhh) Information exempt from disclosure under | ||||||
17 | Section 30 of the Insurance Data Security Law. | ||||||
18 | (kkk) (iii) Confidential business information | ||||||
19 | prohibited from disclosure under Section 45 of the Paint | ||||||
20 | Stewardship Act. | ||||||
21 | (lll) (iii) Data exempt from disclosure under Section | ||||||
22 | 2-3.196 of the School Code. | ||||||
23 | (mmm) (iii) Information prohibited from being | ||||||
24 | disclosed under subsection (e) of Section 1-129 of the | ||||||
25 | Illinois Power Agency Act. | ||||||
26 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| |||||||
| |||||||
1 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
2 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
3 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
4 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
5 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
6 | 103-580, eff. 12-8-23; revised 1-2-24.)
| ||||||
7 | Section 380. The State Employee Indemnification Act is | ||||||
8 | amended by changing Section 1 as follows:
| ||||||
9 | (5 ILCS 350/1) (from Ch. 127, par. 1301) | ||||||
10 | Sec. 1. Definitions. For the purpose of this Act: | ||||||
11 | (a) The term "State" means the State of Illinois, the | ||||||
12 | General Assembly, the court, or any State office, department, | ||||||
13 | division, bureau, board, commission, or committee, the | ||||||
14 | governing boards of the public institutions of higher | ||||||
15 | education created by the State, the Illinois National Guard, | ||||||
16 | the Illinois State Guard, the Comprehensive Health Insurance | ||||||
17 | Board, any poison control center designated under the Poison | ||||||
18 | Control System Act that receives State funding, or any other | ||||||
19 | agency or instrumentality of the State. It does not mean any | ||||||
20 | local public entity as that term is defined in Section 1-206 of | ||||||
21 | the Local Governmental and Governmental Employees Tort | ||||||
22 | Immunity Act or a pension fund. | ||||||
23 | (b) The term "employee" means: any present or former | ||||||
24 | elected or appointed officer, trustee or employee of the |
| |||||||
| |||||||
1 | State, or of a pension fund; any present or former | ||||||
2 | commissioner or employee of the Executive Ethics Commission or | ||||||
3 | of the Legislative Ethics Commission; any present or former | ||||||
4 | Executive, Legislative, or Auditor General's Inspector | ||||||
5 | General; any present or former employee of an Office of an | ||||||
6 | Executive, Legislative, or Auditor General's Inspector | ||||||
7 | General; any present or former member of the Illinois National | ||||||
8 | Guard while on active duty; any present or former member of the | ||||||
9 | Illinois State Guard while on State active duty; individuals | ||||||
10 | or organizations who contract with the Department of | ||||||
11 | Corrections, the Department of Juvenile Justice, the | ||||||
12 | Comprehensive Health Insurance Board, or the Department of | ||||||
13 | Veterans' Affairs to provide services; individuals or | ||||||
14 | organizations who contract with the Department of Human | ||||||
15 | Services (as successor to the Department of Mental Health and | ||||||
16 | Developmental Disabilities) to provide services including but | ||||||
17 | not limited to treatment and other services for sexually | ||||||
18 | violent persons; individuals or organizations who contract | ||||||
19 | with the Department of Military Affairs for youth programs; | ||||||
20 | individuals or organizations who contract to perform carnival | ||||||
21 | and amusement ride safety inspections for the Department of | ||||||
22 | Labor; individuals who contract with the Office of the State's | ||||||
23 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
24 | only when performing duties within the scope of the Office's | ||||||
25 | prosecutorial activities; individual representatives of or | ||||||
26 | designated organizations authorized to represent the Office of |
| |||||||
| |||||||
1 | State Long-Term Ombudsman for the Department on Aging; | ||||||
2 | individual representatives of or organizations designated by | ||||||
3 | the Department on Aging in the performance of their duties as | ||||||
4 | adult protective services agencies or regional administrative | ||||||
5 | agencies under the Adult Protective Services Act; individuals | ||||||
6 | or organizations appointed as members of a review team or the | ||||||
7 | Advisory Council under the Adult Protective Services Act; | ||||||
8 | individuals or organizations who perform volunteer services | ||||||
9 | for the State where such volunteer relationship is reduced to | ||||||
10 | writing; individuals who serve on any public entity (whether | ||||||
11 | created by law or administrative action) described in | ||||||
12 | paragraph (a) of this Section; individuals or not for profit | ||||||
13 | organizations who, either as volunteers, where such volunteer | ||||||
14 | relationship is reduced to writing, or pursuant to contract, | ||||||
15 | furnish professional advice or consultation to any agency or | ||||||
16 | instrumentality of the State; individuals who serve as foster | ||||||
17 | parents for the Department of Children and Family Services | ||||||
18 | when caring for youth in care as defined in Section 4d of the | ||||||
19 | Children and Family Services Act; individuals who serve as | ||||||
20 | members of an independent team of experts under the | ||||||
21 | Developmental Disability and Mental Health Safety Act (also | ||||||
22 | known as Brian's Law); and individuals who serve as | ||||||
23 | arbitrators pursuant to Part 10A of Article II of the Code of | ||||||
24 | Civil Procedure and the rules of the Supreme Court | ||||||
25 | implementing Part 10A, each as now or hereafter amended; the | ||||||
26 | members of the Certification Review Panel under the Illinois |
| |||||||
| |||||||
1 | Police Training Act; the term "employee" does not mean an | ||||||
2 | independent contractor except as provided in this Section. The | ||||||
3 | term includes an individual appointed as an inspector by the | ||||||
4 | Director of the Illinois State Police when performing duties | ||||||
5 | within the scope of the activities of a Metropolitan | ||||||
6 | Enforcement Group or a law enforcement organization | ||||||
7 | established under the Intergovernmental Cooperation Act. An | ||||||
8 | individual who renders professional advice and consultation to | ||||||
9 | the State through an organization which qualifies as an | ||||||
10 | "employee" under the Act is also an employee. The term | ||||||
11 | includes the estate or personal representative of an employee. | ||||||
12 | (c) The term "pension fund" means a retirement system or | ||||||
13 | pension fund created under the Illinois Pension Code. | ||||||
14 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; | ||||||
15 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
16 | Section 385. The Personnel Code is amended by changing | ||||||
17 | Section 4c as follows:
| ||||||
18 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
19 | Sec. 4c. General exemptions. The following positions in | ||||||
20 | State service shall be exempt from jurisdictions A, B, and C, | ||||||
21 | unless the jurisdictions shall be extended as provided in this | ||||||
22 | Act: | ||||||
23 | (1) All officers elected by the people. | ||||||
24 | (2) All positions under the Lieutenant Governor, |
| |||||||
| |||||||
1 | Secretary of State, State Treasurer, State Comptroller, | ||||||
2 | State Board of Education, Clerk of the Supreme Court, | ||||||
3 | Attorney General, and State Board of Elections. | ||||||
4 | (3) Judges, and officers and employees of the courts, | ||||||
5 | and notaries public. | ||||||
6 | (4) All officers and employees of the Illinois General | ||||||
7 | Assembly, all employees of legislative commissions, all | ||||||
8 | officers and employees of the Illinois Legislative | ||||||
9 | Reference Bureau and the Legislative Printing Unit. | ||||||
10 | (5) All positions in the Illinois National Guard and | ||||||
11 | Illinois State Guard, paid from federal funds or positions | ||||||
12 | in the State Military Service filled by enlistment and | ||||||
13 | paid from State funds. | ||||||
14 | (6) All employees of the Governor at the executive | ||||||
15 | mansion and on his immediate personal staff. | ||||||
16 | (7) Directors of Departments, the Adjutant General, | ||||||
17 | the Assistant Adjutant General, the Director of the | ||||||
18 | Illinois Emergency Management Agency, members of boards | ||||||
19 | and commissions, and all other positions appointed by the | ||||||
20 | Governor by and with the consent of the Senate. | ||||||
21 | (8) The presidents, other principal administrative | ||||||
22 | officers, and teaching, research and extension faculties | ||||||
23 | of Chicago State University, Eastern Illinois University, | ||||||
24 | Governors State University, Illinois State University, | ||||||
25 | Northeastern Illinois University, Northern Illinois | ||||||
26 | University, Western Illinois University, the Illinois |
| |||||||
| |||||||
1 | Community College Board, Southern Illinois University, | ||||||
2 | Illinois Board of Higher Education, University of | ||||||
3 | Illinois, State Universities Civil Service System, | ||||||
4 | University Retirement System of Illinois, and the | ||||||
5 | administrative officers and scientific and technical staff | ||||||
6 | of the Illinois State Museum. | ||||||
7 | (9) All other employees except the presidents, other | ||||||
8 | principal administrative officers, and teaching, research | ||||||
9 | and extension faculties of the universities under the | ||||||
10 | jurisdiction of the Board of Regents and the colleges and | ||||||
11 | universities under the jurisdiction of the Board of | ||||||
12 | Governors of State Colleges and Universities, Illinois | ||||||
13 | Community College Board, Southern Illinois University, | ||||||
14 | Illinois Board of Higher Education, Board of Governors of | ||||||
15 | State Colleges and Universities, the Board of Regents, | ||||||
16 | University of Illinois, State Universities Civil Service | ||||||
17 | System, University Retirement System of Illinois, so long | ||||||
18 | as these are subject to the provisions of the State | ||||||
19 | Universities Civil Service Act. | ||||||
20 | (10) The Illinois State Police so long as they are | ||||||
21 | subject to the merit provisions of the Illinois State | ||||||
22 | Police Act. Employees of the Illinois State Police Merit | ||||||
23 | Board are subject to the provisions of this Code. | ||||||
24 | (11) (Blank). | ||||||
25 | (12) The technical and engineering staffs of the | ||||||
26 | Department of Transportation, the Division of Nuclear |
| |||||||
| |||||||
1 | Safety at the Illinois Emergency Management Agency, the | ||||||
2 | Pollution Control Board, and the Illinois Commerce | ||||||
3 | Commission, and the technical and engineering staff | ||||||
4 | providing architectural and engineering services in the | ||||||
5 | Department of Central Management Services. | ||||||
6 | (13) All employees of the Illinois State Toll Highway | ||||||
7 | Authority. | ||||||
8 | (14) The Secretary of the Illinois Workers' | ||||||
9 | Compensation Commission. | ||||||
10 | (15) All persons who are appointed or employed by the | ||||||
11 | Director of Insurance under authority of Section 202 of | ||||||
12 | the Illinois Insurance Code to assist the Director of | ||||||
13 | Insurance in discharging his responsibilities relating to | ||||||
14 | the rehabilitation, liquidation, conservation, and | ||||||
15 | dissolution of companies that are subject to the | ||||||
16 | jurisdiction of the Illinois Insurance Code. | ||||||
17 | (16) All employees of the St. Louis Metropolitan Area | ||||||
18 | Airport Authority. | ||||||
19 | (17) All investment officers employed by the Illinois | ||||||
20 | State Board of Investment. | ||||||
21 | (18) Employees of the Illinois Young Adult | ||||||
22 | Conservation Corps program, administered by the Illinois | ||||||
23 | Department of Natural Resources, authorized grantee under | ||||||
24 | Title VIII of the Comprehensive Employment and Training | ||||||
25 | Act of 1973, 29 U.S.C. 993. | ||||||
26 | (19) Seasonal employees of the Department of |
| |||||||
| |||||||
1 | Agriculture for the operation of the Illinois State Fair | ||||||
2 | and the DuQuoin State Fair, no one person receiving more | ||||||
3 | than 29 days of such employment in any calendar year. | ||||||
4 | (20) All "temporary" employees hired under the | ||||||
5 | Department of Natural Resources' Illinois Conservation | ||||||
6 | Service, a youth employment program that hires young | ||||||
7 | people to work in State parks for a period of one year or | ||||||
8 | less. | ||||||
9 | (21) All hearing officers of the Human Rights | ||||||
10 | Commission. | ||||||
11 | (22) All employees of the Illinois Mathematics and | ||||||
12 | Science Academy. | ||||||
13 | (23) All employees of the Kankakee River Valley Area | ||||||
14 | Airport Authority. | ||||||
15 | (24) The commissioners and employees of the Executive | ||||||
16 | Ethics Commission. | ||||||
17 | (25) The Executive Inspectors General, including | ||||||
18 | special Executive Inspectors General, and employees of | ||||||
19 | each Office of an Executive Inspector General. | ||||||
20 | (26) The commissioners and employees of the | ||||||
21 | Legislative Ethics Commission. | ||||||
22 | (27) The Legislative Inspector General, including | ||||||
23 | special Legislative Inspectors General, and employees of | ||||||
24 | the Office of the Legislative Inspector General. | ||||||
25 | (28) The Auditor General's Inspector General and | ||||||
26 | employees of the Office of the Auditor General's Inspector |
| |||||||
| |||||||
1 | General. | ||||||
2 | (29) All employees of the Illinois Power Agency. | ||||||
3 | (30) Employees having demonstrable, defined advanced | ||||||
4 | skills in accounting, financial reporting, or technical | ||||||
5 | expertise who are employed within executive branch | ||||||
6 | agencies and whose duties are directly related to the | ||||||
7 | submission to the Office of the Comptroller of financial | ||||||
8 | information for the publication of the annual | ||||||
9 | comprehensive financial report. | ||||||
10 | (31) All employees of the Illinois Sentencing Policy | ||||||
11 | Advisory Council. | ||||||
12 | (Source: P.A. 102-291, eff. 8-6-21; 102-538, eff. 8-20-21; | ||||||
13 | 102-783, eff. 5-13-22; 102-813, eff. 5-13-22; 103-108, eff. | ||||||
14 | 6-27-23.)
| ||||||
15 | Section 390. The Illinois State Police Law of the Civil | ||||||
16 | Administrative Code of Illinois is amended by changing Section | ||||||
17 | 2605-50 as follows:
| ||||||
18 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6) | ||||||
19 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
20 | Division of Internal Investigation shall have jurisdiction and | ||||||
21 | initiate internal Illinois State Police investigations and, at | ||||||
22 | the direction of the Governor, investigate complaints and | ||||||
23 | initiate investigations of official misconduct by State | ||||||
24 | officers and all State employees. Notwithstanding any other |
| |||||||
| |||||||
1 | provisions of law, the Division shall serve as the | ||||||
2 | investigative body for the Illinois State Police for purposes | ||||||
3 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
4 | the Illinois State Police Act. | ||||||
5 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | 102-813, eff. 5-13-22.)
| ||||||
7 | Section 395. The State Police Act is amended by changing | ||||||
8 | Sections 3, 6, 8, and 9 as follows:
| ||||||
9 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3) | ||||||
10 | Sec. 3. The Governor shall appoint, by and with the advice | ||||||
11 | and consent of the Senate, an Illinois State Police Merit | ||||||
12 | Board, hereinafter called the Board, consisting of 5 7 members | ||||||
13 | to hold office from the third Monday in March of the year of | ||||||
14 | their respective appointments for a term of 6 years and until | ||||||
15 | their successors are appointed and qualified for a like term . | ||||||
16 | The Governor shall appoint new board members within 30 days | ||||||
17 | for the vacancies created under Public Act 101-652. Board | ||||||
18 | members shall be appointed to four-year terms. No member shall | ||||||
19 | be appointed to more than 2 terms. In making the appointments, | ||||||
20 | the Governor shall make a good faith effort to appoint members | ||||||
21 | reflecting the geographic, ethnic, and cultural diversity of | ||||||
22 | this State. In making the appointments, the Governor should | ||||||
23 | also consider appointing: persons with professional | ||||||
24 | backgrounds, possessing legal, management, personnel, or labor |
| |||||||
| |||||||
1 | experience; at least one member with at least 10 years of | ||||||
2 | experience as a licensed physician or clinical psychologist | ||||||
3 | with expertise in mental health; and at least one member | ||||||
4 | affiliated with an organization committed to social and | ||||||
5 | economic rights and to eliminating discrimination. No more | ||||||
6 | than 3 4 members of the Board shall be affiliated with the same | ||||||
7 | political party. If the Senate is not in session at the time | ||||||
8 | initial appointments are made pursuant to this Section, the | ||||||
9 | Governor shall make temporary appointments as in the case of a | ||||||
10 | vacancy. In order to avoid actual conflicts of interest, or | ||||||
11 | the appearance of conflicts of interest, no board member shall | ||||||
12 | be a retired or former employee of the Illinois State Police. | ||||||
13 | When a Board member may have an actual, perceived, or | ||||||
14 | potential conflict of interest that could prevent the Board | ||||||
15 | member from making a fair and impartial decision on a | ||||||
16 | complaint or formal complaint against an Illinois State Police | ||||||
17 | officer, the Board member shall recuse himself or herself; or, | ||||||
18 | if the Board member fails to recuse himself or herself, then | ||||||
19 | the Board may, by a simple majority, vote to recuse the Board | ||||||
20 | member. | ||||||
21 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
22 | 102-813, eff. 5-13-22.)
| ||||||
23 | (20 ILCS 2610/6) (from Ch. 121, par. 307.6) | ||||||
24 | Sec. 6. The Board is authorized to employ such clerical | ||||||
25 | and technical staff assistants, not to exceed fifteen, as may |
| |||||||
| |||||||
1 | be necessary to enable the Board to transact its business and, | ||||||
2 | if the rate of compensation is not otherwise fixed by law, to | ||||||
3 | fix their compensation. In order to avoid actual conflicts of | ||||||
4 | interest, or the appearance of conflicts of interest, no | ||||||
5 | employee, contractor, clerical or technical staff shall be a | ||||||
6 | retired or former employee of the Illinois State Police. All | ||||||
7 | employees shall be subject to the Personnel Code. | ||||||
8 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
9 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8) | ||||||
10 | Sec. 8. Board jurisdiction. | ||||||
11 | (a) The Board shall exercise jurisdiction over the | ||||||
12 | certification for appointment and promotion, and over the | ||||||
13 | discipline, removal, demotion, and suspension of Illinois | ||||||
14 | State Police officers. The Board and the Illinois State Police | ||||||
15 | should also ensure Illinois State Police cadets and officers | ||||||
16 | represent the utmost integrity and professionalism and | ||||||
17 | represent the geographic, ethnic, and cultural diversity of | ||||||
18 | this State. The Board shall also exercise jurisdiction to | ||||||
19 | certify and terminate Illinois State Police officers in | ||||||
20 | compliance with certification standards consistent with | ||||||
21 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized | ||||||
22 | merit principles of public employment, the Board shall | ||||||
23 | formulate, adopt, and put into effect rules, regulations, and | ||||||
24 | procedures for its operation and the transaction of its | ||||||
25 | business. The Board shall establish a classification of ranks |
| |||||||
| |||||||
1 | of persons subject to its jurisdiction and shall set standards | ||||||
2 | and qualifications for each rank. Each Illinois State Police | ||||||
3 | officer appointed by the Director shall be classified as a | ||||||
4 | State Police officer as follows: trooper, sergeant, master | ||||||
5 | sergeant, lieutenant, captain, major, or Special Agent. | ||||||
6 | (b) The Board shall publish all standards and | ||||||
7 | qualifications for each rank, including Cadet, on its website. | ||||||
8 | This shall include, but not be limited to, all physical | ||||||
9 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
10 | State Police shall cooperate with the Board by providing any | ||||||
11 | necessary information to complete this requirement. | ||||||
12 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
13 | 102-813, eff. 5-13-22.)
| ||||||
14 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9) | ||||||
15 | Sec. 9. Appointment; qualifications. | ||||||
16 | (a) Except as otherwise provided in this Section, the | ||||||
17 | appointment of Illinois State Police officers shall be made | ||||||
18 | from those applicants who have been certified by the Board as | ||||||
19 | being qualified for appointment. All persons so appointed | ||||||
20 | shall, at the time of their appointment, be not less than 21 | ||||||
21 | years of age, or 20 years of age and have successfully | ||||||
22 | completed an associate's degree or 60 credit hours at an | ||||||
23 | accredited college or university. Any person appointed | ||||||
24 | subsequent to successful completion of an associate's degree | ||||||
25 | or 60 credit hours at an accredited college or university |
| |||||||
| |||||||
1 | shall not have power of arrest, nor shall he or she be | ||||||
2 | permitted to carry firearms, until he or she reaches 21 years | ||||||
3 | of age. In addition, all persons so certified for appointment | ||||||
4 | shall be of sound mind and body, be of good moral character, be | ||||||
5 | citizens of the United States, have no criminal records, | ||||||
6 | possess such prerequisites of training, education, and | ||||||
7 | experience as the Board may from time to time prescribe so long | ||||||
8 | as persons who have an associate's degree or 60 credit hours at | ||||||
9 | an accredited college or university are not disqualified, and | ||||||
10 | shall be required to pass successfully such mental and | ||||||
11 | physical tests and examinations as may be prescribed by the | ||||||
12 | Board. A person who meets one of the following requirements is | ||||||
13 | deemed to have met the collegiate educational requirements: | ||||||
14 | (i) has been honorably discharged and who has been | ||||||
15 | awarded a Southwest Asia Service Medal, Kuwait Liberation | ||||||
16 | Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), | ||||||
17 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
18 | Afghanistan Campaign Medal, Iraq Campaign Medal, Global | ||||||
19 | War on Terrorism Service Medal, Global War on Terrorism | ||||||
20 | Expeditionary Medal, or Inherent Resolve Campaign Medal by | ||||||
21 | the United States Armed Forces; | ||||||
22 | (ii) is an active member of the Illinois National | ||||||
23 | Guard or a reserve component of the United States Armed | ||||||
24 | Forces and who has been awarded a Southwest Asia Service | ||||||
25 | Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait | ||||||
26 | Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean |
| |||||||
| |||||||
1 | Defense Service Medal, Afghanistan Campaign Medal, Iraq | ||||||
2 | Campaign Medal, Global War on Terrorism Service Medal, | ||||||
3 | Global War on Terrorism Expeditionary Medal, or Inherent | ||||||
4 | Resolve Campaign Medal as a result of honorable service | ||||||
5 | during deployment on active duty; | ||||||
6 | (iii) has been honorably discharged who served in a | ||||||
7 | combat mission by proof of hostile fire pay or imminent | ||||||
8 | danger pay during deployment on active duty; | ||||||
9 | (iv) has at least 3 years of full active and | ||||||
10 | continuous United States Armed Forces duty, which shall | ||||||
11 | also include a period of active duty with the State of | ||||||
12 | Illinois under Title 10 or Title 32 of the United States | ||||||
13 | Code pursuant to an order of the President or the Governor | ||||||
14 | of the State of Illinois, and received an honorable | ||||||
15 | discharge before hiring; or | ||||||
16 | (v) has successfully completed basic law enforcement | ||||||
17 | training, has at least 3 years of continuous, full-time | ||||||
18 | service as a peace officer with the same police | ||||||
19 | department, and is currently serving as a peace officer | ||||||
20 | when applying. | ||||||
21 | Preference shall be given in such appointments to persons | ||||||
22 | who have honorably served in the United States Armed Forces. | ||||||
23 | All appointees shall serve a probationary period of 12 months | ||||||
24 | from the date of appointment and during that period may be | ||||||
25 | discharged at the will of the Director. However, the Director | ||||||
26 | may in his or her sole discretion extend the probationary |
| |||||||
| |||||||
1 | period of an officer up to an additional 6 months when to do so | ||||||
2 | is deemed in the best interest of the Illinois State Police. | ||||||
3 | Nothing in this subsection (a) limits the Board's ability to | ||||||
4 | prescribe education prerequisites or requirements to certify | ||||||
5 | Illinois State Police officers for promotion as provided in | ||||||
6 | Section 10 of this Act. | ||||||
7 | (b) Notwithstanding the other provisions of this Act, | ||||||
8 | after July 1, 1977 and before July 1, 1980, the Director of | ||||||
9 | State Police may appoint and promote not more than 20 persons | ||||||
10 | having special qualifications as special agents as he or she | ||||||
11 | deems necessary to carry out the Department's objectives. Any | ||||||
12 | such appointment or promotion shall be ratified by the Board. | ||||||
13 | (c) During the 90 days following March 31, 1995 (the | ||||||
14 | effective date of Public Act 89-9), the Director of State | ||||||
15 | Police may appoint up to 25 persons as State Police officers. | ||||||
16 | These appointments shall be made in accordance with the | ||||||
17 | requirements of this subsection (c) and any additional | ||||||
18 | criteria that may be established by the Director, but are not | ||||||
19 | subject to any other requirements of this Act. The Director | ||||||
20 | may specify the initial rank for each person appointed under | ||||||
21 | this subsection. | ||||||
22 | All appointments under this subsection (c) shall be made | ||||||
23 | from personnel certified by the Board. A person certified by | ||||||
24 | the Board and appointed by the Director under this subsection | ||||||
25 | must have been employed by the Illinois Commerce Commission on | ||||||
26 | November 30, 1994 in a job title subject to the Personnel Code |
| |||||||
| |||||||
1 | and in a position for which the person was eligible to earn | ||||||
2 | "eligible creditable service" as a "noncovered employee", as | ||||||
3 | those terms are defined in Article 14 of the Illinois Pension | ||||||
4 | Code. | ||||||
5 | Persons appointed under this subsection (c) shall | ||||||
6 | thereafter be subject to the same requirements and procedures | ||||||
7 | as other State police officers. A person appointed under this | ||||||
8 | subsection must serve a probationary period of 12 months from | ||||||
9 | the date of appointment, during which he or she may be | ||||||
10 | discharged at the will of the Director. | ||||||
11 | This subsection (c) does not affect or limit the | ||||||
12 | Director's authority to appoint other State Police officers | ||||||
13 | under subsection (a) of this Section. | ||||||
14 | (d) During the 180 days following January 1, 2022 (the | ||||||
15 | effective date of Public Act 101-652), the Director of the | ||||||
16 | Illinois State Police may appoint current Illinois State | ||||||
17 | Police employees serving in law enforcement officer positions | ||||||
18 | previously within Central Management Services as State Police | ||||||
19 | officers. These appointments shall be made in accordance with | ||||||
20 | the requirements of this subsection (d) and any institutional | ||||||
21 | criteria that may be established by the Director, but are not | ||||||
22 | subject to any other requirements of this Act. All | ||||||
23 | appointments under this subsection (d) shall be made from | ||||||
24 | personnel certified by the Board. A person certified by the | ||||||
25 | Board and appointed by the Director under this subsection must | ||||||
26 | have been employed by a State agency, board, or commission on |
| |||||||
| |||||||
1 | January 1, 2021 in a job title subject to the Personnel Code | ||||||
2 | and in a position for which the person was eligible to earn | ||||||
3 | "eligible creditable service" as a "noncovered employee", as | ||||||
4 | those terms are defined in Article 14 of the Illinois Pension | ||||||
5 | Code. Persons appointed under this subsection (d) shall | ||||||
6 | thereafter be subject to the same requirements, and subject to | ||||||
7 | the same contractual benefits and obligations, as other State | ||||||
8 | police officers. This subsection (d) does not affect or limit | ||||||
9 | the Director's authority to appoint other State Police | ||||||
10 | officers under subsection (a) of this Section. | ||||||
11 | (e) The Merit Board shall review Illinois State Police | ||||||
12 | Cadet applicants. The Illinois State Police may provide | ||||||
13 | background check and investigation material to the Board for | ||||||
14 | its review pursuant to this Section. The Board shall approve | ||||||
15 | and ensure that no cadet applicant is certified unless the | ||||||
16 | applicant is a person of good character and has not been | ||||||
17 | convicted of, or entered a plea of guilty to, a felony offense, | ||||||
18 | any of the misdemeanors specified in this Section or if | ||||||
19 | committed in any other state would be an offense similar to | ||||||
20 | Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, | ||||||
21 | 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, | ||||||
22 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
23 | violation of any Section of Part E of Title III of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
26 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or |
| |||||||
| |||||||
1 | the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis | ||||||
2 | Control Act, or any felony or misdemeanor in violation of | ||||||
3 | federal law or the law of any state that is the equivalent of | ||||||
4 | any of the offenses specified therein. The Officer | ||||||
5 | Professional Conduct Database, provided for in Section 9.2 of | ||||||
6 | the Illinois Police Training Act, shall be searched as part of | ||||||
7 | this process. For purposes of this Section, "convicted of, or | ||||||
8 | entered a plea of guilty" regardless of whether the | ||||||
9 | adjudication of guilt or sentence is withheld or not entered | ||||||
10 | thereon. This includes sentences of supervision, conditional | ||||||
11 | discharge, or first offender probation, or any similar | ||||||
12 | disposition provided for by law. | ||||||
13 | (f) The Board shall by rule establish an application fee | ||||||
14 | waiver program for any person who meets one or more of the | ||||||
15 | following criteria: | ||||||
16 | (1) his or her available personal income is 200% or | ||||||
17 | less of the current poverty level; or | ||||||
18 | (2) he or she is, in the discretion of the Board, | ||||||
19 | unable to proceed in an action with payment of application | ||||||
20 | fee and payment of that fee would result in substantial | ||||||
21 | hardship to the person or the person's family. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; | ||||||
23 | 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff. | ||||||
24 | 1-1-24 .)
| ||||||
25 | (20 ILCS 2610/6.5 rep.) |
| |||||||
| |||||||
1 | (20 ILCS 2610/11.5 rep.) | ||||||
2 | (20 ILCS 2610/11.6 rep.) | ||||||
3 | (20 ILCS 2610/12.6 rep.) | ||||||
4 | (20 ILCS 2610/12.7 rep.) | ||||||
5 | (20 ILCS 2610/40.1 rep.) | ||||||
6 | (20 ILCS 2610/46 rep.) | ||||||
7 | Section 400. The State Police Act is amended by repealing | ||||||
8 | Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
| ||||||
9 | Section 405. The Illinois Police Training Act is amended | ||||||
10 | by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||||||
11 | 10.1, 10.2, 10.3, 10.11, 10.18, 10.19, and 10.20 and by adding | ||||||
12 | Section 10.5-1 as follows:
| ||||||
13 | (50 ILCS 705/2) (from Ch. 85, par. 502) | ||||||
14 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
15 | context otherwise requires: | ||||||
16 | "Board" means the Illinois Law Enforcement Training | ||||||
17 | Standards Board. | ||||||
18 | "Local governmental agency" means any local governmental | ||||||
19 | unit or municipal corporation in this State. It does not | ||||||
20 | include the State of Illinois or any office, officer, | ||||||
21 | department, division, bureau, board, commission, or agency of | ||||||
22 | the State, except that it does include a State-controlled | ||||||
23 | university, college or public community college. | ||||||
24 | "Police training school" means any school located within |
| |||||||
| |||||||
1 | the State of Illinois whether privately or publicly owned | ||||||
2 | which offers a course in police or county corrections training | ||||||
3 | and has been approved by the Board. | ||||||
4 | "Probationary police officer" means a recruit law | ||||||
5 | enforcement officer required to successfully complete initial | ||||||
6 | minimum basic training requirements at a police training | ||||||
7 | school to be eligible for permanent full-time employment as a | ||||||
8 | local law enforcement officer. | ||||||
9 | "Probationary part-time police officer" means a recruit | ||||||
10 | part-time law enforcement officer required to successfully | ||||||
11 | complete initial minimum part-time training requirements to be | ||||||
12 | eligible for employment on a part-time basis as a local law | ||||||
13 | enforcement officer. | ||||||
14 | "Permanent police officer" means a law enforcement officer | ||||||
15 | who has completed his or her probationary period and is | ||||||
16 | permanently employed on a full-time basis as a local law | ||||||
17 | enforcement officer by a participating local governmental unit | ||||||
18 | or as a security officer or campus policeman permanently | ||||||
19 | employed by a participating State-controlled university, | ||||||
20 | college, or public community college. | ||||||
21 | "Part-time police officer" means a law enforcement officer | ||||||
22 | who has completed his or her probationary period and is | ||||||
23 | employed on a part-time basis as a law enforcement officer by a | ||||||
24 | participating unit of local government or as a campus | ||||||
25 | policeman by a participating State-controlled university, | ||||||
26 | college, or public community college. |
| |||||||
| |||||||
1 | "Law enforcement officer" means (i) any police officer of | ||||||
2 | a local governmental agency who is primarily responsible for | ||||||
3 | prevention or detection of crime and the enforcement of the | ||||||
4 | criminal code, traffic, or highway laws of this State or any | ||||||
5 | political subdivision of this State or (ii) any member of a | ||||||
6 | police force appointed and maintained as provided in Section 2 | ||||||
7 | of the Railroad Police Act. | ||||||
8 | "Recruit" means any full-time or part-time law enforcement | ||||||
9 | officer or full-time county corrections officer who is | ||||||
10 | enrolled in an approved training course. | ||||||
11 | "Probationary county corrections officer" means a recruit | ||||||
12 | county corrections officer required to successfully complete | ||||||
13 | initial minimum basic training requirements at a police | ||||||
14 | training school to be eligible for permanent employment on a | ||||||
15 | full-time basis as a county corrections officer. | ||||||
16 | "Permanent county corrections officer" means a county | ||||||
17 | corrections officer who has completed his probationary period | ||||||
18 | and is permanently employed on a full-time basis as a county | ||||||
19 | corrections officer by a participating local governmental | ||||||
20 | unit. | ||||||
21 | "County corrections officer" means any sworn officer of | ||||||
22 | the sheriff who is primarily responsible for the control and | ||||||
23 | custody of offenders, detainees or inmates. | ||||||
24 | "Probationary court security officer" means a recruit | ||||||
25 | court security officer required to successfully complete | ||||||
26 | initial minimum basic training requirements at a designated |
| |||||||
| |||||||
1 | training school to be eligible for employment as a court | ||||||
2 | security officer. | ||||||
3 | "Permanent court security officer" means a court security | ||||||
4 | officer who has completed his or her probationary period and | ||||||
5 | is employed as a court security officer by a participating | ||||||
6 | local governmental unit. | ||||||
7 | "Court security officer" has the meaning ascribed to it in | ||||||
8 | Section 3-6012.1 of the Counties Code. | ||||||
9 | "Board" means the Illinois Law Enforcement Training | ||||||
10 | Standards Board. | ||||||
11 | "Full-time law enforcement officer" means a law | ||||||
12 | enforcement officer who has completed the officer's | ||||||
13 | probationary period and is employed on a full-time basis as a | ||||||
14 | law enforcement officer by a local government agency, State | ||||||
15 | government agency, or as a campus police officer by a | ||||||
16 | university, college, or community college. | ||||||
17 | "Law Enforcement agency" means any entity with statutory | ||||||
18 | police powers and the ability to employ individuals authorized | ||||||
19 | to make arrests. It does not include the Illinois State Police | ||||||
20 | as defined in the State Police Act. A law enforcement agency | ||||||
21 | may include any university, college, or community college. | ||||||
22 | "Local law enforcement agency" means any law enforcement | ||||||
23 | unit of government or municipal corporation in this State. It | ||||||
24 | does not include the State of Illinois or any office, officer, | ||||||
25 | department, division, bureau, board, commission, or agency of | ||||||
26 | the State, except that it does include a State-controlled |
| |||||||
| |||||||
1 | university, college or public community college. | ||||||
2 | "State law enforcement agency" means any law enforcement | ||||||
3 | agency of this State. This includes any office, officer, | ||||||
4 | department, division, bureau, board, commission, or agency of | ||||||
5 | the State. It does not include the Illinois State Police as | ||||||
6 | defined in the State Police Act. | ||||||
7 | "Panel" means the Certification Review Panel. | ||||||
8 | "Basic training school" means any school located within | ||||||
9 | the State of Illinois whether privately or publicly owned | ||||||
10 | which offers a course in basic law enforcement or county | ||||||
11 | corrections training and has been approved by the Board. | ||||||
12 | "Probationary police officer" means a recruit law | ||||||
13 | enforcement officer required to successfully complete initial | ||||||
14 | minimum basic training requirements at a basic training school | ||||||
15 | to be eligible for permanent full-time employment as a local | ||||||
16 | law enforcement officer. | ||||||
17 | "Probationary part-time police officer" means a recruit | ||||||
18 | part-time law enforcement officer required to successfully | ||||||
19 | complete initial minimum part-time training requirements to be | ||||||
20 | eligible for employment on a part-time basis as a local law | ||||||
21 | enforcement officer. | ||||||
22 | "Permanent law enforcement officer" means a law | ||||||
23 | enforcement officer who has completed the officer's | ||||||
24 | probationary period and is permanently employed on a full-time | ||||||
25 | basis as a local law enforcement officer, as a security | ||||||
26 | officer, or campus police officer permanently employed by a |
| |||||||
| |||||||
1 | law enforcement agency. | ||||||
2 | "Part-time law enforcement officer" means a law | ||||||
3 | enforcement officer who has completed the officer's | ||||||
4 | probationary period and is employed on a part-time basis as a | ||||||
5 | law enforcement officer or as a campus police officer by a law | ||||||
6 | enforcement agency. | ||||||
7 | "Law enforcement officer" means (i) any police officer of | ||||||
8 | a law enforcement agency who is primarily responsible for | ||||||
9 | prevention or detection of crime and the enforcement of the | ||||||
10 | criminal code, traffic, or highway laws of this State or any | ||||||
11 | political subdivision of this State or (ii) any member of a | ||||||
12 | police force appointed and maintained as provided in Section 2 | ||||||
13 | of the Railroad Police Act. | ||||||
14 | "Recruit" means any full-time or part-time law enforcement | ||||||
15 | officer or full-time county corrections officer who is | ||||||
16 | enrolled in an approved training course. | ||||||
17 | "Review Committee" means the committee at the Board for | ||||||
18 | certification disciplinary cases in which the Panel, a law | ||||||
19 | enforcement officer, or a law enforcement agency may file for | ||||||
20 | reconsideration of a decertification decision made by the | ||||||
21 | Board. | ||||||
22 | "Probationary county corrections officer" means a recruit | ||||||
23 | county corrections officer required to successfully complete | ||||||
24 | initial minimum basic training requirements at a basic | ||||||
25 | training school to be eligible for permanent employment on a | ||||||
26 | full-time basis as a county corrections officer. |
| |||||||
| |||||||
1 | "Permanent county corrections officer" means a county | ||||||
2 | corrections officer who has completed the officer's | ||||||
3 | probationary period and is permanently employed on a full-time | ||||||
4 | basis as a county corrections officer by a participating law | ||||||
5 | enforcement agency. | ||||||
6 | "County corrections officer" means any sworn officer of | ||||||
7 | the sheriff who is primarily responsible for the control and | ||||||
8 | custody of offenders, detainees or inmates. | ||||||
9 | "Probationary court security officer" means a recruit | ||||||
10 | court security officer required to successfully complete | ||||||
11 | initial minimum basic training requirements at a designated | ||||||
12 | training school to be eligible for employment as a court | ||||||
13 | security officer. | ||||||
14 | "Permanent court security officer" means a court security | ||||||
15 | officer who has completed the officer's probationary period | ||||||
16 | and is employed as a court security officer by a participating | ||||||
17 | law enforcement agency. | ||||||
18 | "Court security officer" has the meaning ascribed to it in | ||||||
19 | Section 3-6012.1 of the Counties Code. | ||||||
20 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
| ||||||
21 | (50 ILCS 705/3) (from Ch. 85, par. 503) | ||||||
22 | Sec. 3. Board; composition; appointments; tenure; | ||||||
23 | vacancies. | ||||||
24 | (a) The Board shall be composed of 18 members selected as | ||||||
25 | follows: The Attorney General of the State of Illinois, the |
| |||||||
| |||||||
1 | Director of the Illinois State Police, the Director of | ||||||
2 | Corrections, the Superintendent of the Chicago Police | ||||||
3 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
4 | Circuit Court of Cook County, who shall serve as ex officio | ||||||
5 | members, and the following to be appointed by the Governor: 2 | ||||||
6 | mayors or village presidents of Illinois municipalities, 2 | ||||||
7 | Illinois county sheriffs from counties other than Cook County, | ||||||
8 | 2 managers of Illinois municipalities, 2 chiefs of municipal | ||||||
9 | police departments in Illinois having no Superintendent of the | ||||||
10 | Police Department on the Board, 2 citizens of Illinois who | ||||||
11 | shall be members of an organized enforcement officers' | ||||||
12 | association, one active member of a statewide association | ||||||
13 | representing sheriffs, and one active member of a statewide | ||||||
14 | association representing municipal police chiefs. The | ||||||
15 | appointments of the Governor shall be made on the first Monday | ||||||
16 | of August in 1965 with 3 of the appointments to be for a period | ||||||
17 | of one year, 3 for 2 years, and 3 for 3 years. Their successors | ||||||
18 | shall be appointed in like manner for terms to expire the first | ||||||
19 | Monday of August each 3 years thereafter. All members shall | ||||||
20 | serve until their respective successors are appointed and | ||||||
21 | qualify. Vacancies shall be filled by the Governor for the | ||||||
22 | unexpired terms. Any ex officio member may appoint a designee | ||||||
23 | to the Board who shall have the same powers and immunities | ||||||
24 | otherwise conferred to the member of the Board, including the | ||||||
25 | power to vote and be counted toward quorum, so long as the | ||||||
26 | member is not in attendance. |
| |||||||
| |||||||
1 | (a-5) Within the Board is created a Review Committee. The | ||||||
2 | Review Committee shall review disciplinary cases in which the | ||||||
3 | Panel, the law enforcement officer, or the law enforcement | ||||||
4 | agency file for reconsideration of a decertification decision | ||||||
5 | made by the Board. The Review Committee shall be composed of 9 | ||||||
6 | annually rotating members from the Board appointed by the | ||||||
7 | Board Chairman. One member of the Review Committee shall be | ||||||
8 | designated by the Board Chairman as the Chair. The Review | ||||||
9 | Committee shall sit in 3 member panels composed of one member | ||||||
10 | representing law enforcement management, one member | ||||||
11 | representing members of law enforcement, and one member who is | ||||||
12 | not a current or former member of law enforcement. | ||||||
13 | (b) When a Board member may have an actual, perceived, or | ||||||
14 | potential conflict of interest or appearance of bias that | ||||||
15 | could prevent the Board member from making a fair and | ||||||
16 | impartial decision regarding decertification: | ||||||
17 | (1) The Board member shall recuse himself or herself. | ||||||
18 | (2) If the Board member fails to recuse himself or | ||||||
19 | herself, then the Board may, by a simple majority of the | ||||||
20 | remaining members, vote to recuse the Board member. Board | ||||||
21 | members who are found to have voted on a matter in which | ||||||
22 | they should have recused themselves may be removed from | ||||||
23 | the Board by the Governor. | ||||||
24 | A conflict of interest or appearance of bias may include, | ||||||
25 | but is not limited to, matters where one of the following is a | ||||||
26 | party to a decision on a decertification or formal complaint: |
| |||||||
| |||||||
1 | someone with whom the member has an employment relationship; | ||||||
2 | any of the following relatives: spouse, parents, children, | ||||||
3 | adopted children, legal wards, stepchildren, step parents, | ||||||
4 | step siblings, half siblings, siblings, parents-in-law, | ||||||
5 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
6 | nephews; a friend; or a member of a professional organization, | ||||||
7 | association, or a union in which the member now actively | ||||||
8 | serves. | ||||||
9 | (c) A vacancy in members does not prevent a quorum of the | ||||||
10 | remaining sitting members from exercising all rights and | ||||||
11 | performing all duties of the Board. | ||||||
12 | (d) An individual serving on the Board shall not also | ||||||
13 | serve on the Panel. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
15 | 102-694, eff. 1-7-22.)
| ||||||
16 | (50 ILCS 705/6) (from Ch. 85, par. 506) | ||||||
17 | Sec. 6. Powers and duties of the Board; selection and | ||||||
18 | certification of schools. The Board shall select and certify | ||||||
19 | schools within the State of Illinois for the purpose of | ||||||
20 | providing basic training for probationary police officers, | ||||||
21 | probationary county corrections officers, and court security | ||||||
22 | officers and of providing advanced or in-service training for | ||||||
23 | permanent police officers or permanent county corrections | ||||||
24 | officers, which schools may be either publicly or privately | ||||||
25 | owned and operated. In addition, the Board has the following |
| |||||||
| |||||||
1 | power and duties: | ||||||
2 | a. To require local governmental units to furnish such | ||||||
3 | reports and information as the Board deems necessary to | ||||||
4 | fully implement this Act. | ||||||
5 | b. To establish appropriate mandatory minimum | ||||||
6 | standards relating to the training of probationary local | ||||||
7 | police officers or probationary county corrections | ||||||
8 | officers, and in-service training of permanent law | ||||||
9 | enforcement officers. | ||||||
10 | c. To provide appropriate certification to those | ||||||
11 | probationary officers who successfully complete the | ||||||
12 | prescribed minimum standard basic training course. | ||||||
13 | d. To review and approve annual training curriculum | ||||||
14 | for county sheriffs. | ||||||
15 | e. To review and approve applicants to ensure that no | ||||||
16 | applicant is admitted to a certified academy unless the | ||||||
17 | applicant is a person of good character and has not been | ||||||
18 | convicted of, or entered a plea of guilty to, a felony | ||||||
19 | offense, any of the misdemeanors in Sections 11-1.50, | ||||||
20 | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, | ||||||
21 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
23 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
25 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
| |||||||
| |||||||
1 | the Cannabis Control Act, or a crime involving moral | ||||||
2 | turpitude under the laws of this State or any other state | ||||||
3 | which if committed in this State would be punishable as a | ||||||
4 | felony or a crime of moral turpitude. The Board may | ||||||
5 | appoint investigators who shall enforce the duties | ||||||
6 | conferred upon the Board by this Act. | ||||||
7 | For purposes of this paragraph e, a person is | ||||||
8 | considered to have been convicted of, found guilty of, or | ||||||
9 | entered a plea of guilty to, plea of nolo contendere to | ||||||
10 | regardless of whether the adjudication of guilt or | ||||||
11 | sentence is withheld or not entered thereon. This includes | ||||||
12 | sentences of supervision, conditional discharge, or first | ||||||
13 | offender probation, or any similar disposition provided | ||||||
14 | for by law. | ||||||
15 | The Board shall select and certify schools within the State of | ||||||
16 | Illinois for the purpose of providing basic training for | ||||||
17 | probationary law enforcement officers, probationary county | ||||||
18 | corrections officers, and court security officers and of | ||||||
19 | providing advanced or in-service training for permanent law | ||||||
20 | enforcement officers or permanent county corrections officers, | ||||||
21 | which schools may be either publicly or privately owned and | ||||||
22 | operated. In addition, the Board has the following power and | ||||||
23 | duties: | ||||||
24 | a. To require law enforcement agencies to furnish such | ||||||
25 | reports and information as the Board deems necessary to | ||||||
26 | fully implement this Act. |
| |||||||
| |||||||
1 | b. To establish appropriate mandatory minimum | ||||||
2 | standards relating to the training of probationary local | ||||||
3 | law enforcement officers or probationary county | ||||||
4 | corrections officers, and in-service training of permanent | ||||||
5 | law enforcement officers. | ||||||
6 | c. To provide appropriate certification to those | ||||||
7 | probationary officers who successfully complete the | ||||||
8 | prescribed minimum standard basic training course. | ||||||
9 | d. To review and approve annual training curriculum | ||||||
10 | for county sheriffs. | ||||||
11 | e. To review and approve applicants to ensure that no | ||||||
12 | applicant is admitted to a certified academy unless the | ||||||
13 | applicant is a person of good character and has not been | ||||||
14 | convicted of, found guilty of, entered a plea of guilty | ||||||
15 | to, or entered a plea of nolo contendere to a felony | ||||||
16 | offense, any of the misdemeanors in Sections 11-1.50, | ||||||
17 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||||||
18 | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, | ||||||
19 | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
20 | violation of any Section of Part E of Title III of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
22 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
24 | the Cannabis Control Act, or a crime involving moral | ||||||
25 | turpitude under the laws of this State or any other state | ||||||
26 | which if committed in this State would be punishable as a |
| |||||||
| |||||||
1 | felony or a crime of moral turpitude, or any felony or | ||||||
2 | misdemeanor in violation of federal law or the law of any | ||||||
3 | state that is the equivalent of any of the offenses | ||||||
4 | specified therein. The Board may appoint investigators who | ||||||
5 | shall enforce the duties conferred upon the Board by this | ||||||
6 | Act. | ||||||
7 | For purposes of this paragraph e, a person is | ||||||
8 | considered to have been convicted of, found guilty of, or | ||||||
9 | entered a plea of guilty to, plea of nolo contendere to | ||||||
10 | regardless of whether the adjudication of guilt or | ||||||
11 | sentence is withheld or not entered thereon. This includes | ||||||
12 | sentences of supervision, conditional discharge, or first | ||||||
13 | offender probation, or any similar disposition provided | ||||||
14 | for by law. | ||||||
15 | f. To establish statewide standards for minimum | ||||||
16 | standards regarding regular mental health screenings for | ||||||
17 | probationary and permanent police officers, ensuring that | ||||||
18 | counseling sessions and screenings remain confidential. | ||||||
19 | g. To review and ensure all law enforcement officers | ||||||
20 | remain in compliance with this Act, and any administrative | ||||||
21 | rules adopted under this Act. | ||||||
22 | h. To suspend any certificate for a definite period, | ||||||
23 | limit or restrict any certificate, or revoke any | ||||||
24 | certificate. | ||||||
25 | i. The Board and the Panel shall have power to secure | ||||||
26 | by its subpoena and bring before it any person or entity in |
| |||||||
| |||||||
1 | this State and to take testimony either orally or by | ||||||
2 | deposition or both with the same fees and mileage and in | ||||||
3 | the same manner as prescribed by law in judicial | ||||||
4 | proceedings in civil cases in circuit courts of this | ||||||
5 | State. The Board and the Panel shall also have the power to | ||||||
6 | subpoena the production of documents, papers, files, | ||||||
7 | books, documents, and records, whether in physical or | ||||||
8 | electronic form, in support of the charges and for | ||||||
9 | defense, and in connection with a hearing or | ||||||
10 | investigation. | ||||||
11 | j. The Executive Director, the administrative law | ||||||
12 | judge designated by the Executive Director, and each | ||||||
13 | member of the Board and the Panel shall have the power to | ||||||
14 | administer oaths to witnesses at any hearing that the | ||||||
15 | Board is authorized to conduct under this Act and any | ||||||
16 | other oaths required or authorized to be administered by | ||||||
17 | the Board under this Act. | ||||||
18 | k. In case of the neglect or refusal of any person to | ||||||
19 | obey a subpoena issued by the Board and the Panel, any | ||||||
20 | circuit court, upon application of the Board and the | ||||||
21 | Panel, through the Illinois Attorney General, may order | ||||||
22 | such person to appear before the Board and the Panel give | ||||||
23 | testimony or produce evidence, and any failure to obey | ||||||
24 | such order is punishable by the court as a contempt | ||||||
25 | thereof. This order may be served by personal delivery, by | ||||||
26 | email, or by mail to the address of record or email address |
| |||||||
| |||||||
1 | of record. | ||||||
2 | l. The Board shall have the power to administer state | ||||||
3 | certification examinations. Any and all records related to | ||||||
4 | these examinations, including, but not limited to, test | ||||||
5 | questions, test formats, digital files, answer responses, | ||||||
6 | answer keys, and scoring information shall be exempt from | ||||||
7 | disclosure. | ||||||
8 | m. To make grants, subject to appropriation, to units | ||||||
9 | of local government and public institutions of higher | ||||||
10 | education for the purposes of hiring and retaining law | ||||||
11 | enforcement officers. | ||||||
12 | n. To make grants, subject to appropriation, to local | ||||||
13 | law enforcement agencies for costs associated with the | ||||||
14 | expansion and support of National Integrated Ballistic | ||||||
15 | Information Network (NIBIN) and other ballistic technology | ||||||
16 | equipment for ballistic testing. | ||||||
17 | (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; | ||||||
18 | 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)
| ||||||
19 | (50 ILCS 705/6.1) | ||||||
20 | Sec. 6.1. Decertification Automatic decertification of | ||||||
21 | full-time and part-time police law enforcement officers. | ||||||
22 | (a) The Board must review police officer conduct and | ||||||
23 | records to ensure that no police officer is certified or | ||||||
24 | provided a valid waiver if that police officer has been | ||||||
25 | convicted of, or entered a plea of guilty to, a felony offense |
| |||||||
| |||||||
1 | under the laws of this State or any other state which if | ||||||
2 | committed in this State would be punishable as a felony. The | ||||||
3 | Board must also ensure that no or officer is certified or | ||||||
4 | provided a valid waiver if that police officer has been | ||||||
5 | convicted of, or entered a plea of guilty to, any misdemeanor | ||||||
6 | specified in this Section or if committed in any other state | ||||||
7 | would be an offense similar to Section 11-1.50, 11-6, 11-9.1, | ||||||
8 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, | ||||||
9 | 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012, to subdivision (a)(1) or | ||||||
11 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
13 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
14 | to Section 5 or 5.2 of the Cannabis Control Act. The Board must | ||||||
15 | appoint investigators to enforce the duties conferred upon the | ||||||
16 | Board by this Act. | ||||||
17 | (b) It is the responsibility of the sheriff or the chief | ||||||
18 | executive officer of every local law enforcement agency or | ||||||
19 | department within this State to report to the Board any | ||||||
20 | arrest, conviction, or plea of guilty of any officer for an | ||||||
21 | offense identified in this Section. | ||||||
22 | (c) It is the duty and responsibility of every full-time | ||||||
23 | and part-time police officer in this State to report to the | ||||||
24 | Board within 30 days, and the officer's sheriff or chief | ||||||
25 | executive officer, of his or her arrest, conviction, or plea | ||||||
26 | of guilty for an offense identified in this Section. Any |
| |||||||
| |||||||
1 | full-time or part-time police officer who knowingly makes, | ||||||
2 | submits, causes to be submitted, or files a false or | ||||||
3 | untruthful report to the Board must have his or her | ||||||
4 | certificate or waiver immediately decertified or revoked. | ||||||
5 | (d) Any person, or a local or State agency, or the Board is | ||||||
6 | immune from liability for submitting, disclosing, or releasing | ||||||
7 | information of arrests, convictions, or pleas of guilty in | ||||||
8 | this Section as long as the information is submitted, | ||||||
9 | disclosed, or released in good faith and without malice. The | ||||||
10 | Board has qualified immunity for the release of the | ||||||
11 | information. | ||||||
12 | (e) Any full-time or part-time police officer with a | ||||||
13 | certificate or waiver issued by the Board who is convicted of, | ||||||
14 | or entered a plea of guilty to, any offense described in this | ||||||
15 | Section immediately becomes decertified or no longer has a | ||||||
16 | valid waiver. The decertification and invalidity of waivers | ||||||
17 | occurs as a matter of law. Failure of a convicted person to | ||||||
18 | report to the Board his or her conviction as described in this | ||||||
19 | Section or any continued law enforcement practice after | ||||||
20 | receiving a conviction is a Class 4 felony. | ||||||
21 | (f) The Board's investigators are peace officers and have | ||||||
22 | all the powers possessed by policemen in cities and by | ||||||
23 | sheriffs, and these investigators may exercise those powers | ||||||
24 | anywhere in the State. An investigator shall not have peace | ||||||
25 | officer status or exercise police powers unless he or she | ||||||
26 | successfully completes the basic police training course |
| |||||||
| |||||||
1 | mandated and approved by the Board or the Board waives the | ||||||
2 | training requirement by reason of the investigator's prior law | ||||||
3 | enforcement experience, training, or both. The Board shall not | ||||||
4 | waive the training requirement unless the investigator has had | ||||||
5 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
6 | State, or federal law enforcement agency. | ||||||
7 | (g) The Board must request and receive information and | ||||||
8 | assistance from any federal, state, or local governmental | ||||||
9 | agency as part of the authorized criminal background | ||||||
10 | investigation. The Illinois State Police must process, retain, | ||||||
11 | and additionally provide and disseminate information to the | ||||||
12 | Board concerning criminal charges, arrests, convictions, and | ||||||
13 | their disposition, that have been filed against a basic | ||||||
14 | academy applicant, law enforcement applicant, or law | ||||||
15 | enforcement officer whose fingerprint identification cards are | ||||||
16 | on file or maintained by the Illinois State Police. The | ||||||
17 | Federal Bureau of Investigation must provide the Board any | ||||||
18 | criminal history record information contained in its files | ||||||
19 | pertaining to law enforcement officers or any applicant to a | ||||||
20 | Board certified basic law enforcement academy as described in | ||||||
21 | this Act based on fingerprint identification. The Board must | ||||||
22 | make payment of fees to the Illinois State Police for each | ||||||
23 | fingerprint card submission in conformance with the | ||||||
24 | requirements of paragraph 22 of Section 55a of the Civil | ||||||
25 | Administrative Code of Illinois. | ||||||
26 | A police officer who has been certified or granted a valid |
| |||||||
| |||||||
1 | waiver shall also be decertified or have his or her waiver | ||||||
2 | revoked upon a determination by the Illinois Labor Relations | ||||||
3 | Board State Panel that he or she, while under oath, has | ||||||
4 | knowingly and willfully made false statements as to a material | ||||||
5 | fact going to an element of the offense of murder. If an appeal | ||||||
6 | is filed, the determination shall be stayed. | ||||||
7 | (1) In the case of an acquittal on a charge of murder, | ||||||
8 | a verified complaint may be filed: | ||||||
9 | (A) by the defendant; or | ||||||
10 | (B) by a police officer with personal knowledge of | ||||||
11 | perjured testimony. | ||||||
12 | The complaint must allege that a police officer, while | ||||||
13 | under oath, knowingly and willfully made false statements | ||||||
14 | as to a material fact going to an element of the offense of | ||||||
15 | murder. The verified complaint must be filed with the | ||||||
16 | Executive Director of the Illinois Law Enforcement | ||||||
17 | Training Standards Board within 2 years of the judgment of | ||||||
18 | acquittal. | ||||||
19 | (2) Within 30 days, the Executive Director of the | ||||||
20 | Illinois Law Enforcement Training Standards Board shall | ||||||
21 | review the verified complaint and determine whether the | ||||||
22 | verified complaint is frivolous and without merit, or | ||||||
23 | whether further investigation is warranted. The Illinois | ||||||
24 | Law Enforcement Training Standards Board shall notify the | ||||||
25 | officer and the Executive Director of the Illinois Labor | ||||||
26 | Relations Board State Panel of the filing of the complaint |
| |||||||
| |||||||
1 | and any action taken thereon. If the Executive Director of | ||||||
2 | the Illinois Law Enforcement Training Standards Board | ||||||
3 | determines that the verified complaint is frivolous and | ||||||
4 | without merit, it shall be dismissed. The Executive | ||||||
5 | Director of the Illinois Law Enforcement Training | ||||||
6 | Standards Board has sole discretion to make this | ||||||
7 | determination and this decision is not subject to appeal. | ||||||
8 | If the Executive Director of the Illinois Law Enforcement | ||||||
9 | Training Standards Board determines that the verified | ||||||
10 | complaint warrants further investigation, he or she shall | ||||||
11 | refer the matter to a task force of investigators created for | ||||||
12 | this purpose. This task force shall consist of 8 sworn police | ||||||
13 | officers: 2 from the Illinois State Police, 2 from the City of | ||||||
14 | Chicago Police Department, 2 from county police departments, | ||||||
15 | and 2 from municipal police departments. These investigators | ||||||
16 | shall have a minimum of 5 years of experience in conducting | ||||||
17 | criminal investigations. The investigators shall be appointed | ||||||
18 | by the Executive Director of the Illinois Law Enforcement | ||||||
19 | Training Standards Board. Any officer or officers acting in | ||||||
20 | this capacity pursuant to this statutory provision will have | ||||||
21 | statewide police authority while acting in this investigative | ||||||
22 | capacity. Their salaries and expenses for the time spent | ||||||
23 | conducting investigations under this paragraph shall be | ||||||
24 | reimbursed by the Illinois Law Enforcement Training Standards | ||||||
25 | Board. | ||||||
26 | Once the Executive Director of the Illinois Law |
| |||||||
| |||||||
1 | Enforcement Training Standards Board has determined that an | ||||||
2 | investigation is warranted, the verified complaint shall be | ||||||
3 | assigned to an investigator or investigators. The investigator | ||||||
4 | or investigators shall conduct an investigation of the | ||||||
5 | verified complaint and shall write a report of his or her | ||||||
6 | findings. This report shall be submitted to the Executive | ||||||
7 | Director of the Illinois Labor Relations Board State Panel. | ||||||
8 | Within 30 days, the Executive Director of the Illinois | ||||||
9 | Labor Relations Board State Panel shall review the | ||||||
10 | investigative report and determine whether sufficient evidence | ||||||
11 | exists to conduct an evidentiary hearing on the verified | ||||||
12 | complaint. If the Executive Director of the Illinois Labor | ||||||
13 | Relations Board State Panel determines upon his or her review | ||||||
14 | of the investigatory report that a hearing should not be | ||||||
15 | conducted, the complaint shall be dismissed. This decision is | ||||||
16 | in the Executive Director's sole discretion, and this | ||||||
17 | dismissal may not be appealed. | ||||||
18 | If the Executive Director of the Illinois Labor Relations | ||||||
19 | Board State Panel determines that there is sufficient evidence | ||||||
20 | to warrant a hearing, a hearing shall be ordered on the | ||||||
21 | verified complaint, to be conducted by an administrative law | ||||||
22 | judge employed by the Illinois Labor Relations Board State | ||||||
23 | Panel. The Executive Director of the Illinois Labor Relations | ||||||
24 | Board State Panel shall inform the Executive Director of the | ||||||
25 | Illinois Law Enforcement Training Standards Board and the | ||||||
26 | person who filed the complaint of either the dismissal of the |
| |||||||
| |||||||
1 | complaint or the issuance of the complaint for hearing. The | ||||||
2 | Executive Director shall assign the complaint to the | ||||||
3 | administrative law judge within 30 days of the decision | ||||||
4 | granting a hearing. | ||||||
5 | In the case of a finding of guilt on the offense of murder, | ||||||
6 | if a new trial is granted on direct appeal, or a state | ||||||
7 | post-conviction evidentiary hearing is ordered, based on a | ||||||
8 | claim that a police officer, under oath, knowingly and | ||||||
9 | willfully made false statements as to a material fact going to | ||||||
10 | an element of the offense of murder, the Illinois Labor | ||||||
11 | Relations Board State Panel shall hold a hearing to determine | ||||||
12 | whether the officer should be decertified if an interested | ||||||
13 | party requests such a hearing within 2 years of the court's | ||||||
14 | decision. The complaint shall be assigned to an administrative | ||||||
15 | law judge within 30 days so that a hearing can be scheduled. | ||||||
16 | At the hearing, the accused officer shall be afforded the | ||||||
17 | opportunity to: | ||||||
18 | (1) Be represented by counsel of his or her own | ||||||
19 | choosing; | ||||||
20 | (2) Be heard in his or her own defense; | ||||||
21 | (3) Produce evidence in his or her defense; | ||||||
22 | (4) Request that the Illinois Labor Relations Board | ||||||
23 | State Panel compel the attendance of witnesses and | ||||||
24 | production of related documents including but not limited | ||||||
25 | to court documents and records. | ||||||
26 | Once a case has been set for hearing, the verified |
| |||||||
| |||||||
1 | complaint shall be referred to the Department of Professional | ||||||
2 | Regulation. That office shall prosecute the verified complaint | ||||||
3 | at the hearing before the administrative law judge. The | ||||||
4 | Department of Professional Regulation shall have the | ||||||
5 | opportunity to produce evidence to support the verified | ||||||
6 | complaint and to request the Illinois Labor Relations Board | ||||||
7 | State Panel to compel the attendance of witnesses and the | ||||||
8 | production of related documents, including, but not limited | ||||||
9 | to, court documents and records. The Illinois Labor Relations | ||||||
10 | Board State Panel shall have the power to issue subpoenas | ||||||
11 | requiring the attendance of and testimony of witnesses and the | ||||||
12 | production of related documents including, but not limited to, | ||||||
13 | court documents and records and shall have the power to | ||||||
14 | administer oaths. | ||||||
15 | The administrative law judge shall have the responsibility | ||||||
16 | of receiving into evidence relevant testimony and documents, | ||||||
17 | including court records, to support or disprove the | ||||||
18 | allegations made by the person filing the verified complaint | ||||||
19 | and, at the close of the case, hear arguments. If the | ||||||
20 | administrative law judge finds that there is not clear and | ||||||
21 | convincing evidence to support the verified complaint that the | ||||||
22 | police officer has, while under oath, knowingly and willfully | ||||||
23 | made false statements as to a material fact going to an element | ||||||
24 | of the offense of murder, the administrative law judge shall | ||||||
25 | make a written recommendation of dismissal to the Illinois | ||||||
26 | Labor Relations Board State Panel. If the administrative law |
| |||||||
| |||||||
1 | judge finds that there is clear and convincing evidence that | ||||||
2 | the police officer has, while under oath, knowingly and | ||||||
3 | willfully made false statements as to a material fact that | ||||||
4 | goes to an element of the offense of murder, the | ||||||
5 | administrative law judge shall make a written recommendation | ||||||
6 | so concluding to the Illinois Labor Relations Board State | ||||||
7 | Panel. The hearings shall be transcribed. The Executive | ||||||
8 | Director of the Illinois Law Enforcement Training Standards | ||||||
9 | Board shall be informed of the administrative law judge's | ||||||
10 | recommended findings and decision and the Illinois Labor | ||||||
11 | Relations Board State Panel's subsequent review of the | ||||||
12 | recommendation. | ||||||
13 | An officer named in any complaint filed pursuant to this | ||||||
14 | Act shall be indemnified for his or her reasonable attorney's | ||||||
15 | fees and costs by his or her employer. These fees shall be paid | ||||||
16 | in a regular and timely manner. The State, upon application by | ||||||
17 | the public employer, shall reimburse the public employer for | ||||||
18 | the accused officer's reasonable attorney's fees and costs. At | ||||||
19 | no time and under no circumstances will the accused officer be | ||||||
20 | required to pay his or her own reasonable attorney's fees or | ||||||
21 | costs. | ||||||
22 | The accused officer shall not be placed on unpaid status | ||||||
23 | because of the filing or processing of the verified complaint | ||||||
24 | until there is a final non-appealable order sustaining his or | ||||||
25 | her guilt and his or her certification is revoked. Nothing in | ||||||
26 | this Act, however, restricts the public employer from pursuing |
| |||||||
| |||||||
1 | discipline against the officer in the normal course and under | ||||||
2 | procedures then in place. | ||||||
3 | The Illinois Labor Relations Board State Panel shall | ||||||
4 | review the administrative law judge's recommended decision and | ||||||
5 | order and determine by a majority vote whether or not there was | ||||||
6 | clear and convincing evidence that the accused officer, while | ||||||
7 | under oath, knowingly and willfully made false statements as | ||||||
8 | to a material fact going to the offense of murder. Within 30 | ||||||
9 | days of service of the administrative law judge's recommended | ||||||
10 | decision and order, the parties may file exceptions to the | ||||||
11 | recommended decision and order and briefs in support of their | ||||||
12 | exceptions with the Illinois Labor Relations Board State | ||||||
13 | Panel. The parties may file responses to the exceptions and | ||||||
14 | briefs in support of the responses no later than 15 days after | ||||||
15 | the service of the exceptions. If exceptions are filed by any | ||||||
16 | of the parties, the Illinois Labor Relations Board State Panel | ||||||
17 | shall review the matter and make a finding to uphold, vacate, | ||||||
18 | or modify the recommended decision and order. If the Illinois | ||||||
19 | Labor Relations Board State Panel concludes that there is | ||||||
20 | clear and convincing evidence that the accused officer, while | ||||||
21 | under oath, knowingly and willfully made false statements as | ||||||
22 | to a material fact going to an element of the offense murder, | ||||||
23 | the Illinois Labor Relations Board State Panel shall inform | ||||||
24 | the Illinois Law Enforcement Training Standards Board and the | ||||||
25 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
26 | the accused officer's certification. If the accused officer |
| |||||||
| |||||||
1 | appeals that determination to the Appellate Court, as provided | ||||||
2 | by this Act, he or she may petition the Appellate Court to stay | ||||||
3 | the revocation of his or her certification pending the court's | ||||||
4 | review of the matter. | ||||||
5 | None of the Illinois Labor Relations Board State Panel's | ||||||
6 | findings or determinations shall set any precedent in any of | ||||||
7 | its decisions decided pursuant to the Illinois Public Labor | ||||||
8 | Relations Act by the Illinois Labor Relations Board State | ||||||
9 | Panel or the courts. | ||||||
10 | A party aggrieved by the final order of the Illinois Labor | ||||||
11 | Relations Board State Panel may apply for and obtain judicial | ||||||
12 | review of an order of the Illinois Labor Relations Board State | ||||||
13 | Panel, in accordance with the provisions of the Administrative | ||||||
14 | Review Law, except that such judicial review shall be afforded | ||||||
15 | directly in the Appellate Court for the district in which the | ||||||
16 | accused officer resides. Any direct appeal to the Appellate | ||||||
17 | Court shall be filed within 35 days from the date that a copy | ||||||
18 | of the decision sought to be reviewed was served upon the party | ||||||
19 | affected by the decision. | ||||||
20 | Interested parties. Only interested parties to the | ||||||
21 | criminal prosecution in which the police officer allegedly, | ||||||
22 | while under oath, knowingly and willfully made false | ||||||
23 | statements as to a material fact going to an element of the | ||||||
24 | offense of murder may file a verified complaint pursuant to | ||||||
25 | this Section. For purposes of this Section, "interested | ||||||
26 | parties" shall be limited to the defendant and any police |
| |||||||
| |||||||
1 | officer who has personal knowledge that the police officer who | ||||||
2 | is the subject of the complaint has, while under oath, | ||||||
3 | knowingly and willfully made false statements as to a material | ||||||
4 | fact going to an element of the offense of murder. | ||||||
5 | Semi-annual reports. The Executive Director of the | ||||||
6 | Illinois Labor Relations Board shall submit semi-annual | ||||||
7 | reports to the Governor, President, and Minority Leader of the | ||||||
8 | Senate, and to the Speaker and Minority Leader of the House of | ||||||
9 | Representatives beginning on June 30, 2004, indicating: | ||||||
10 | (1) the number of verified complaints received since | ||||||
11 | the date of the last report; | ||||||
12 | (2) the number of investigations initiated since the | ||||||
13 | date of the last report; | ||||||
14 | (3) the number of investigations concluded since the | ||||||
15 | date of the last report; | ||||||
16 | (4) the number of investigations pending as of the | ||||||
17 | reporting date; | ||||||
18 | (5) the number of hearings held since the date of the | ||||||
19 | last report; and | ||||||
20 | (6) the number of officers decertified since the date | ||||||
21 | of the last report. | ||||||
22 | (a) The Board must review law enforcement officer conduct | ||||||
23 | and records to ensure that no law enforcement officer is | ||||||
24 | certified or provided a valid waiver if that law enforcement | ||||||
25 | officer has been convicted of, found guilty of, entered a plea | ||||||
26 | of guilty to, or entered a plea of nolo contendere to, a felony |
| |||||||
| |||||||
1 | offense under the laws of this State or any other state which | ||||||
2 | if committed in this State would be punishable as a felony. The | ||||||
3 | Board must also ensure that no law enforcement officer is | ||||||
4 | certified or provided a valid waiver if that law enforcement | ||||||
5 | officer has been convicted of, found guilty of, or entered a | ||||||
6 | plea of guilty to, on or after January 1, 2022 (the effective | ||||||
7 | date of Public Act 101-652) of any misdemeanor specified in | ||||||
8 | this Section or if committed in any other state would be an | ||||||
9 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||||||
10 | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, | ||||||
11 | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, | ||||||
12 | any misdemeanor in violation of any Section of Part E of Title | ||||||
13 | III of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012, or to Section 5 or 5.2 of the | ||||||
16 | Cannabis Control Act, or any felony or misdemeanor in | ||||||
17 | violation of federal law or the law of any state that is the | ||||||
18 | equivalent of any of the offenses specified therein. The Board | ||||||
19 | must appoint investigators to enforce the duties conferred | ||||||
20 | upon the Board by this Act. | ||||||
21 | (a-1) For purposes of this Section, a person is "convicted | ||||||
22 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
23 | found guilty of" regardless of whether the adjudication of | ||||||
24 | guilt or sentence is withheld or not entered thereon. This | ||||||
25 | includes sentences of supervision, conditional discharge, or | ||||||
26 | first offender probation, or any similar disposition provided |
| |||||||
| |||||||
1 | for by law. | ||||||
2 | (b) It is the responsibility of the sheriff or the chief | ||||||
3 | executive officer of every law enforcement agency or | ||||||
4 | department within this State to report to the Board any | ||||||
5 | arrest, conviction, finding of guilt, plea of guilty, or plea | ||||||
6 | of nolo contendere to, of any officer for an offense | ||||||
7 | identified in this Section, regardless of whether the | ||||||
8 | adjudication of guilt or sentence is withheld or not entered | ||||||
9 | thereon, this includes sentences of supervision, conditional | ||||||
10 | discharge, or first offender probation. | ||||||
11 | (c) It is the duty and responsibility of every full-time | ||||||
12 | and part-time law enforcement officer in this State to report | ||||||
13 | to the Board within 14 days, and the officer's sheriff or chief | ||||||
14 | executive officer, of the officer's arrest, conviction, found | ||||||
15 | guilty of, or plea of guilty for an offense identified in this | ||||||
16 | Section. Any full-time or part-time law enforcement officer | ||||||
17 | who knowingly makes, submits, causes to be submitted, or files | ||||||
18 | a false or untruthful report to the Board must have the | ||||||
19 | officer's certificate or waiver immediately decertified or | ||||||
20 | revoked. | ||||||
21 | (d) Any person, or a local or State agency, or the Board is | ||||||
22 | immune from liability for submitting, disclosing, or releasing | ||||||
23 | information of arrests, convictions, or pleas of guilty in | ||||||
24 | this Section as long as the information is submitted, | ||||||
25 | disclosed, or released in good faith and without malice. The | ||||||
26 | Board has qualified immunity for the release of the |
| |||||||
| |||||||
1 | information. | ||||||
2 | (e) Any full-time or part-time law enforcement officer | ||||||
3 | with a certificate or waiver issued by the Board who is | ||||||
4 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
5 | or entered a plea of nolo contendere to any offense described | ||||||
6 | in this Section immediately becomes decertified or no longer | ||||||
7 | has a valid waiver. The decertification and invalidity of | ||||||
8 | waivers occurs as a matter of law. Failure of a convicted | ||||||
9 | person to report to the Board the officer's conviction as | ||||||
10 | described in this Section or any continued law enforcement | ||||||
11 | practice after receiving a conviction is a Class 4 felony. | ||||||
12 | For purposes of this Section, a person is considered to | ||||||
13 | have been "convicted of, found guilty of, or entered a plea of | ||||||
14 | guilty to, plea of nolo contendere to" regardless of whether | ||||||
15 | the adjudication of guilt or sentence is withheld or not | ||||||
16 | entered thereon, including sentences of supervision, | ||||||
17 | conditional discharge, first offender probation, or any | ||||||
18 | similar disposition as provided for by law. | ||||||
19 | (f) The Board's investigators shall be law enforcement | ||||||
20 | officers as defined in Section 2 of this Act. The Board shall | ||||||
21 | not waive the training requirement unless the investigator has | ||||||
22 | had a minimum of 5 years experience as a sworn officer of a | ||||||
23 | local, State, or federal law enforcement agency. An | ||||||
24 | investigator shall not have been terminated for good cause, | ||||||
25 | decertified, had his or her law enforcement license or | ||||||
26 | certificate revoked in this or any other jurisdiction, or been |
| |||||||
| |||||||
1 | convicted of any of the conduct listed in subsection (a). Any | ||||||
2 | complaint filed against the Board's investigators shall be | ||||||
3 | investigated by the Illinois State Police. | ||||||
4 | (g) The Board must request and receive information and | ||||||
5 | assistance from any federal, state, local, or private | ||||||
6 | enforcement agency as part of the authorized criminal | ||||||
7 | background investigation. The Illinois State Police must | ||||||
8 | process, retain, and additionally provide and disseminate | ||||||
9 | information to the Board concerning criminal charges, arrests, | ||||||
10 | convictions, and their disposition, that have been filed | ||||||
11 | against a basic academy applicant, law enforcement applicant, | ||||||
12 | or law enforcement officer whose fingerprint identification | ||||||
13 | cards are on file or maintained by the Illinois State Police. | ||||||
14 | The Federal Bureau of Investigation must provide the Board any | ||||||
15 | criminal history record information contained in its files | ||||||
16 | pertaining to law enforcement officers or any applicant to a | ||||||
17 | Board certified basic law enforcement academy as described in | ||||||
18 | this Act based on fingerprint identification. The Board must | ||||||
19 | make payment of fees to the Illinois State Police for each | ||||||
20 | fingerprint card submission in conformance with the | ||||||
21 | requirements of paragraph 22 of Section 55a of the Civil | ||||||
22 | Administrative Code of Illinois. | ||||||
23 | (g-5) Notwithstanding any provision of law to the | ||||||
24 | contrary, the changes to this Section made by this amendatory | ||||||
25 | Act of the 102nd General Assembly and Public Act 101-652 shall | ||||||
26 | apply prospectively only from July 1, 2022. |
| |||||||
| |||||||
1 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
2 | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
| ||||||
3 | (50 ILCS 705/7) | ||||||
4 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
5 | adopt rules and minimum standards for such schools which shall | ||||||
6 | include, but not be limited to, the following: | ||||||
7 | a. The curriculum for probationary police law | ||||||
8 | enforcement officers which shall be offered by all | ||||||
9 | certified schools shall include, but not be limited to, | ||||||
10 | courses of procedural justice, arrest and use and control | ||||||
11 | tactics, search and seizure, including temporary | ||||||
12 | questioning, civil rights, human rights, human relations, | ||||||
13 | cultural competency, including implicit bias and racial | ||||||
14 | and ethnic sensitivity, criminal law, law of criminal | ||||||
15 | procedure, constitutional and proper use of law | ||||||
16 | enforcement authority, crisis intervention training, | ||||||
17 | vehicle and traffic law including uniform and | ||||||
18 | non-discriminatory enforcement of the Illinois Vehicle | ||||||
19 | Code, traffic control and crash investigation, techniques | ||||||
20 | of obtaining physical evidence, court testimonies, | ||||||
21 | statements, reports, firearms training, training in the | ||||||
22 | use of electronic control devices, including the | ||||||
23 | psychological and physiological effects of the use of | ||||||
24 | those devices on humans, first-aid (including | ||||||
25 | cardiopulmonary resuscitation), training in the |
| |||||||
| |||||||
1 | administration of opioid antagonists as defined in | ||||||
2 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
3 | Substance Use Disorder Act, handling of juvenile | ||||||
4 | offenders, recognition of mental conditions and crises, | ||||||
5 | including, but not limited to, the disease of addiction, | ||||||
6 | which require immediate assistance and response and | ||||||
7 | methods to safeguard and provide assistance to a person in | ||||||
8 | need of mental treatment, recognition of abuse, neglect, | ||||||
9 | financial exploitation, and self-neglect of adults with | ||||||
10 | disabilities and older adults, as defined in Section 2 of | ||||||
11 | the Adult Protective Services Act, crimes against the | ||||||
12 | elderly, law of evidence, the hazards of high-speed police | ||||||
13 | vehicle chases with an emphasis on alternatives to the | ||||||
14 | high-speed chase, and physical training. The curriculum | ||||||
15 | shall include specific training in techniques for | ||||||
16 | immediate response to and investigation of cases of | ||||||
17 | domestic violence and of sexual assault of adults and | ||||||
18 | children, including cultural perceptions and common myths | ||||||
19 | of sexual assault and sexual abuse as well as interview | ||||||
20 | techniques that are age sensitive and are trauma informed, | ||||||
21 | victim centered, and victim sensitive. The curriculum | ||||||
22 | shall include training in techniques designed to promote | ||||||
23 | effective communication at the initial contact with crime | ||||||
24 | victims and ways to comprehensively explain to victims and | ||||||
25 | witnesses their rights under the Rights of Crime Victims | ||||||
26 | and Witnesses Act and the Crime Victims Compensation Act. |
| |||||||
| |||||||
1 | The curriculum shall also include training in effective | ||||||
2 | recognition of and responses to stress, trauma, and | ||||||
3 | post-traumatic stress experienced by police law | ||||||
4 | enforcement officers that is consistent with Section 25 of | ||||||
5 | the Illinois Mental Health First Aid Training Act in a | ||||||
6 | peer setting, including recognizing signs and symptoms of | ||||||
7 | work-related cumulative stress, issues that may lead to | ||||||
8 | suicide, and solutions for intervention with peer support | ||||||
9 | resources. The curriculum shall include a block of | ||||||
10 | instruction addressing the mandatory reporting | ||||||
11 | requirements under the Abused and Neglected Child | ||||||
12 | Reporting Act. The curriculum shall also include a block | ||||||
13 | of instruction aimed at identifying and interacting with | ||||||
14 | persons with autism and other developmental or physical | ||||||
15 | disabilities, reducing barriers to reporting crimes | ||||||
16 | against persons with autism, and addressing the unique | ||||||
17 | challenges presented by cases involving victims or | ||||||
18 | witnesses with autism and other developmental | ||||||
19 | disabilities. The curriculum shall include training in the | ||||||
20 | detection and investigation of all forms of human | ||||||
21 | trafficking. The curriculum shall also include instruction | ||||||
22 | in trauma-informed responses designed to ensure the | ||||||
23 | physical safety and well-being of a child of an arrested | ||||||
24 | parent or immediate family member; this instruction must | ||||||
25 | include, but is not limited to: (1) understanding the | ||||||
26 | trauma experienced by the child while maintaining the |
| |||||||
| |||||||
1 | integrity of the arrest and safety of officers, suspects, | ||||||
2 | and other involved individuals; (2) de-escalation tactics | ||||||
3 | that would include the use of force when reasonably | ||||||
4 | necessary; and (3) inquiring whether a child will require | ||||||
5 | supervision and care. The curriculum for probationary law | ||||||
6 | enforcement officers shall include: (1) at least 12 hours | ||||||
7 | of hands-on, scenario-based role-playing; (2) at least 6 | ||||||
8 | hours of instruction on use of force techniques, including | ||||||
9 | the use of de-escalation techniques to prevent or reduce | ||||||
10 | the need for force whenever safe and feasible; (3) | ||||||
11 | specific training on officer safety techniques, including | ||||||
12 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
13 | training focused on high-risk traffic stops. The | ||||||
14 | curriculum for permanent police law enforcement officers | ||||||
15 | shall include, but not be limited to: (1) refresher and | ||||||
16 | in-service training in any of the courses listed above in | ||||||
17 | this subparagraph, (2) advanced courses in any of the | ||||||
18 | subjects listed above in this subparagraph, (3) training | ||||||
19 | for supervisory personnel, and (4) specialized training in | ||||||
20 | subjects and fields to be selected by the board. The | ||||||
21 | training in the use of electronic control devices shall be | ||||||
22 | conducted for probationary police law enforcement | ||||||
23 | officers, including University police officers. The | ||||||
24 | curriculum shall also include training on the use of a | ||||||
25 | firearms restraining order by providing instruction on the | ||||||
26 | process used to file a firearms restraining order and how |
| |||||||
| |||||||
1 | to identify situations in which a firearms restraining | ||||||
2 | order is appropriate. | ||||||
3 | b. Minimum courses of study, attendance requirements | ||||||
4 | and equipment requirements. | ||||||
5 | c. Minimum requirements for instructors. | ||||||
6 | d. Minimum basic training requirements, which a | ||||||
7 | probationary police law enforcement officer must | ||||||
8 | satisfactorily complete before being eligible for | ||||||
9 | permanent employment as a local police law enforcement | ||||||
10 | officer for a participating local governmental or State | ||||||
11 | governmental agency. Those requirements shall include | ||||||
12 | training in first aid (including cardiopulmonary | ||||||
13 | resuscitation). | ||||||
14 | e. Minimum basic training requirements, which a | ||||||
15 | probationary county corrections officer must | ||||||
16 | satisfactorily complete before being eligible for | ||||||
17 | permanent employment as a county corrections officer for a | ||||||
18 | participating local governmental agency. | ||||||
19 | f. Minimum basic training requirements which a | ||||||
20 | probationary court security officer must satisfactorily | ||||||
21 | complete before being eligible for permanent employment as | ||||||
22 | a court security officer for a participating local | ||||||
23 | governmental agency. The Board shall establish those | ||||||
24 | training requirements which it considers appropriate for | ||||||
25 | court security officers and shall certify schools to | ||||||
26 | conduct that training. |
| |||||||
| |||||||
1 | A person hired to serve as a court security officer | ||||||
2 | must obtain from the Board a certificate (i) attesting to | ||||||
3 | the officer's successful completion of the training | ||||||
4 | course; (ii) attesting to the officer's satisfactory | ||||||
5 | completion of a training program of similar content and | ||||||
6 | number of hours that has been found acceptable by the | ||||||
7 | Board under the provisions of this Act; or (iii) attesting | ||||||
8 | to the Board's determination that the training course is | ||||||
9 | unnecessary because of the person's extensive prior law | ||||||
10 | enforcement experience. | ||||||
11 | Individuals who currently serve as court security | ||||||
12 | officers shall be deemed qualified to continue to serve in | ||||||
13 | that capacity so long as they are certified as provided by | ||||||
14 | this Act within 24 months of June 1, 1997 (the effective | ||||||
15 | date of Public Act 89-685). Failure to be so certified, | ||||||
16 | absent a waiver from the Board, shall cause the officer to | ||||||
17 | forfeit his or her position. | ||||||
18 | All individuals hired as court security officers on or | ||||||
19 | after June 1, 1997 (the effective date of Public Act | ||||||
20 | 89-685) shall be certified within 12 months of the date of | ||||||
21 | their hire, unless a waiver has been obtained by the | ||||||
22 | Board, or they shall forfeit their positions. | ||||||
23 | The Sheriff's Merit Commission, if one exists, or the | ||||||
24 | Sheriff's Office if there is no Sheriff's Merit | ||||||
25 | Commission, shall maintain a list of all individuals who | ||||||
26 | have filed applications to become court security officers |
| |||||||
| |||||||
1 | and who meet the eligibility requirements established | ||||||
2 | under this Act. Either the Sheriff's Merit Commission, or | ||||||
3 | the Sheriff's Office if no Sheriff's Merit Commission | ||||||
4 | exists, shall establish a schedule of reasonable intervals | ||||||
5 | for verification of the applicants' qualifications under | ||||||
6 | this Act and as established by the Board. | ||||||
7 | g. Minimum in-service training requirements, which a | ||||||
8 | police law enforcement officer must satisfactorily | ||||||
9 | complete every 3 years. Those requirements shall include | ||||||
10 | constitutional and proper use of law enforcement | ||||||
11 | authority, procedural justice, civil rights, human rights, | ||||||
12 | mental health awareness and response, officer wellness, | ||||||
13 | reporting child abuse and neglect, and cultural | ||||||
14 | competency , including implicit bias and racial and ethnic | ||||||
15 | sensitivity . These trainings shall consist of at least 30 | ||||||
16 | hours of training every 3 years. | ||||||
17 | h. Minimum in-service training requirements, which a | ||||||
18 | police law enforcement officer must satisfactorily | ||||||
19 | complete at least annually. Those requirements shall | ||||||
20 | include law updates, and use of force training which shall | ||||||
21 | include scenario based training, or similar training | ||||||
22 | approved by the Board emergency medical response training | ||||||
23 | and certification, crisis intervention training, and | ||||||
24 | officer wellness and mental health . | ||||||
25 | i. Minimum in-service training requirements as set | ||||||
26 | forth in Section 10.6. |
| |||||||
| |||||||
1 | Notwithstanding any provision of law to the contrary, the | ||||||
2 | changes made to this Section by Public Act 101-652, Public Act | ||||||
3 | 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
4 | (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; | ||||||
5 | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. | ||||||
6 | 7-1-23; 103-154, eff. 6-30-23.)
| ||||||
7 | (50 ILCS 705/7.5) | ||||||
8 | Sec. 7.5. Police Law enforcement pursuit guidelines. The | ||||||
9 | Board shall annually review police pursuit procedures and make | ||||||
10 | available suggested police law enforcement pursuit guidelines | ||||||
11 | for law enforcement agencies. This Section does not alter the | ||||||
12 | effect of previously existing law, including the immunities | ||||||
13 | established under the Local Governmental and Governmental | ||||||
14 | Employees Tort Immunity Act. | ||||||
15 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
16 | (50 ILCS 705/8) (from Ch. 85, par. 508) | ||||||
17 | Sec. 8. Participation required. All home rule local | ||||||
18 | governmental units shall comply with Sections 6.3, 8.1 , and | ||||||
19 | 8.2 and any other mandatory provisions of this Act. This Act is | ||||||
20 | a limitation on home rule powers under subsection (i) of | ||||||
21 | Section 6 of Article VII of the Illinois Constitution. | ||||||
22 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
23 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) |
| |||||||
| |||||||
1 | Sec. 8.1. Full-time police law enforcement and county | ||||||
2 | corrections officers. | ||||||
3 | (a) After January 1, 1976, no person shall receive a | ||||||
4 | permanent appointment as a law enforcement officer as defined | ||||||
5 | in this Act nor shall any person receive, after the effective | ||||||
6 | date of this amendatory Act of 1984, a permanent appointment | ||||||
7 | as a county corrections officer unless that person has been | ||||||
8 | awarded, within 6 months of his or her initial full-time | ||||||
9 | employment, a certificate attesting to his or her successful | ||||||
10 | completion of the Minimum Standards Basic Law Enforcement and | ||||||
11 | County Correctional Training Course as prescribed by the | ||||||
12 | Board; or has been awarded a certificate attesting to his or | ||||||
13 | her satisfactory completion of a training program of similar | ||||||
14 | content and number of hours and which course has been found | ||||||
15 | acceptable by the Board under the provisions of this Act; or by | ||||||
16 | reason of extensive prior law enforcement or county | ||||||
17 | corrections experience the basic training requirement is | ||||||
18 | determined by the Board to be illogical and unreasonable. | ||||||
19 | If such training is required and not completed within the | ||||||
20 | applicable 6 months, then the officer must forfeit his or her | ||||||
21 | position, or the employing agency must obtain a waiver from | ||||||
22 | the Board extending the period for compliance. Such waiver | ||||||
23 | shall be issued only for good and justifiable reasons, and in | ||||||
24 | no case shall extend more than 90 days beyond the initial 6 | ||||||
25 | months. Any hiring agency that fails to train a law | ||||||
26 | enforcement officer within this period shall be prohibited |
| |||||||
| |||||||
1 | from employing this individual in a law enforcement capacity | ||||||
2 | for one year from the date training was to be completed. If an | ||||||
3 | agency again fails to train the individual a second time, the | ||||||
4 | agency shall be permanently barred from employing this | ||||||
5 | individual in a law enforcement capacity. | ||||||
6 | (b) No provision of this Section shall be construed to | ||||||
7 | mean that a law enforcement officer employed by a local | ||||||
8 | governmental agency at the time of the effective date of this | ||||||
9 | amendatory Act, either as a probationary police officer or as | ||||||
10 | a permanent police officer, shall require certification under | ||||||
11 | the provisions of this Section. No provision of this Section | ||||||
12 | shall be construed to mean that a county corrections officer | ||||||
13 | employed by a local governmental agency at the time of the | ||||||
14 | effective date of this amendatory Act of 1984, either as a | ||||||
15 | probationary county corrections or as a permanent county | ||||||
16 | corrections officer, shall require certification under the | ||||||
17 | provisions of this Section. No provision of this Section shall | ||||||
18 | be construed to apply to certification of elected county | ||||||
19 | sheriffs. | ||||||
20 | (c) This Section does not apply to part-time police | ||||||
21 | officers or probationary part-time police officers. | ||||||
22 | (a) No person shall receive a permanent appointment as a | ||||||
23 | law enforcement officer or a permanent appointment as a county | ||||||
24 | corrections officer unless that person has been awarded, | ||||||
25 | within 6 months of the officer's initial full-time employment, | ||||||
26 | a certificate attesting to the officer's successful completion |
| |||||||
| |||||||
1 | of the Minimum Standards Basic Law Enforcement or County | ||||||
2 | Correctional Training Course as prescribed by the Board; or | ||||||
3 | has been awarded a certificate attesting to the officer's | ||||||
4 | satisfactory completion of a training program of similar | ||||||
5 | content and number of hours and which course has been found | ||||||
6 | acceptable by the Board under the provisions of this Act; or a | ||||||
7 | training waiver by reason of prior law enforcement or county | ||||||
8 | corrections experience, obtained in Illinois, in any other | ||||||
9 | state, or with an agency of the federal government, the basic | ||||||
10 | training requirement is determined by the Board to be | ||||||
11 | illogical and unreasonable. Agencies seeking a reciprocity | ||||||
12 | waiver for training completed outside of Illinois must conduct | ||||||
13 | a thorough background check and provide verification of the | ||||||
14 | officer's prior training. After review and satisfaction of all | ||||||
15 | requested conditions, the officer shall be awarded an | ||||||
16 | equivalency certificate satisfying the requirements of this | ||||||
17 | Section. Within 60 days after the effective date of this | ||||||
18 | amendatory Act of the 103rd General Assembly, the Board shall | ||||||
19 | adopt uniform rules providing for a waiver process for a | ||||||
20 | person previously employed and qualified as a law enforcement | ||||||
21 | or county corrections officer under federal law or the laws of | ||||||
22 | any other state, or who has completed a basic law enforcement | ||||||
23 | officer or correctional officer academy who would be qualified | ||||||
24 | to be employed as a law enforcement officer or correctional | ||||||
25 | officer by the federal government or any other state. These | ||||||
26 | rules shall address the process for evaluating prior training |
| |||||||
| |||||||
1 | credit, a description and list of the courses typically | ||||||
2 | required for reciprocity candidates to complete prior to | ||||||
3 | taking the exam, and a procedure for employers seeking a | ||||||
4 | pre-activation determination for a reciprocity training | ||||||
5 | waiver. The rules shall provide that any eligible person | ||||||
6 | previously trained as a law enforcement or county corrections | ||||||
7 | officer under federal law or the laws of any other state shall | ||||||
8 | successfully complete the following prior to the approval of a | ||||||
9 | waiver: | ||||||
10 | (1) a training program or set of coursework approved | ||||||
11 | by the Board on the laws of this State relevant to the | ||||||
12 | duties and training requirements of law enforcement and | ||||||
13 | county correctional officers; | ||||||
14 | (2) firearms training; and | ||||||
15 | (3) successful passage of the equivalency | ||||||
16 | certification examination. | ||||||
17 | If such training is required and not completed within the | ||||||
18 | applicable 6 months, then the officer must forfeit the | ||||||
19 | officer's position, or the employing agency must obtain a | ||||||
20 | waiver from the Board extending the period for compliance. | ||||||
21 | Such waiver shall be issued only for good and justifiable | ||||||
22 | reasons, and in no case shall extend more than 90 days beyond | ||||||
23 | the initial 6 months. Any hiring agency that fails to train a | ||||||
24 | law enforcement officer within this period shall be prohibited | ||||||
25 | from employing this individual in a law enforcement capacity | ||||||
26 | for one year from the date training was to be completed. If an |
| |||||||
| |||||||
1 | agency again fails to train the individual a second time, the | ||||||
2 | agency shall be permanently barred from employing this | ||||||
3 | individual in a law enforcement capacity. | ||||||
4 | An individual who is not certified by the Board or whose | ||||||
5 | certified status is inactive shall not function as a law | ||||||
6 | enforcement officer, be assigned the duties of a law | ||||||
7 | enforcement officer by an employing agency, or be authorized | ||||||
8 | to carry firearms under the authority of the employer, except | ||||||
9 | as otherwise authorized to carry a firearm under State or | ||||||
10 | federal law. Sheriffs who are elected as of January 1, 2022 | ||||||
11 | (the effective date of Public Act 101-652) are exempt from the | ||||||
12 | requirement of certified status. Failure to be certified in | ||||||
13 | accordance with this Act shall cause the officer to forfeit | ||||||
14 | the officer's position. | ||||||
15 | An employing agency may not grant a person status as a law | ||||||
16 | enforcement officer unless the person has been granted an | ||||||
17 | active law enforcement officer certification by the Board. | ||||||
18 | (b) Inactive status. A person who has an inactive law | ||||||
19 | enforcement officer certification has no law enforcement | ||||||
20 | authority. | ||||||
21 | (1) A law enforcement officer's certification becomes | ||||||
22 | inactive upon termination, resignation, retirement, or | ||||||
23 | separation from the officer's employing law enforcement | ||||||
24 | agency for any reason. The Board shall re-activate a | ||||||
25 | certification upon written application from the law | ||||||
26 | enforcement officer's law enforcement agency that shows |
| |||||||
| |||||||
1 | the law enforcement officer: (i) has accepted a full-time | ||||||
2 | law enforcement position with that law enforcement agency, | ||||||
3 | (ii) is not the subject of a decertification proceeding, | ||||||
4 | and (iii) meets all other criteria for re-activation | ||||||
5 | required by the Board. The Board may also establish | ||||||
6 | special training requirements to be completed as a | ||||||
7 | condition for re-activation. | ||||||
8 | The Board shall review a notice for reactivation from | ||||||
9 | a law enforcement agency and provide a response within 30 | ||||||
10 | days. The Board may extend this review. A law enforcement | ||||||
11 | officer shall be allowed to be employed as a full-time law | ||||||
12 | enforcement officer while the law enforcement officer | ||||||
13 | reactivation waiver is under review. | ||||||
14 | A law enforcement officer who is refused reactivation | ||||||
15 | or an employing agency of a law enforcement officer who is | ||||||
16 | refused reactivation under this Section may request a | ||||||
17 | hearing in accordance with the hearing procedures as | ||||||
18 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
19 | The Board may refuse to re-activate the certification | ||||||
20 | of a law enforcement officer who was involuntarily | ||||||
21 | terminated for good cause by an employing agency for | ||||||
22 | conduct subject to decertification under this Act or | ||||||
23 | resigned or retired after receiving notice of a law | ||||||
24 | enforcement agency's investigation. | ||||||
25 | (2) A law enforcement agency may place an officer who | ||||||
26 | is currently certified on inactive status by sending a |
| |||||||
| |||||||
1 | written request to the Board. A law enforcement officer | ||||||
2 | whose certificate has been placed on inactive status shall | ||||||
3 | not function as a law enforcement officer until the | ||||||
4 | officer has completed any requirements for reactivating | ||||||
5 | the certificate as required by the Board. A request for | ||||||
6 | inactive status in this subsection shall be in writing, | ||||||
7 | accompanied by verifying documentation, and shall be | ||||||
8 | submitted to the Board with a copy to the chief | ||||||
9 | administrator of the law enforcement officer's current or | ||||||
10 | new employing agency. | ||||||
11 | (3) Certification that has become inactive under | ||||||
12 | paragraph (2) of this subsection (b) shall be reactivated | ||||||
13 | by written notice from the law enforcement officer's | ||||||
14 | agency upon a showing that the law enforcement officer: | ||||||
15 | (i) is employed in a full-time law enforcement position | ||||||
16 | with the same law enforcement agency, (ii) is not the | ||||||
17 | subject of a decertification proceeding, and (iii) meets | ||||||
18 | all other criteria for re-activation required by the | ||||||
19 | Board. | ||||||
20 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
21 | (b), a law enforcement officer whose certification has | ||||||
22 | become inactive under paragraph (2) may have the officer's | ||||||
23 | employing agency submit a request for a waiver of training | ||||||
24 | requirements to the Board in writing and accompanied by | ||||||
25 | any verifying documentation. A grant of a waiver is within | ||||||
26 | the discretion of the Board. Within 7 days of receiving a |
| |||||||
| |||||||
1 | request for a waiver under this Section, the Board shall | ||||||
2 | notify the law enforcement officer and the chief | ||||||
3 | administrator of the law enforcement officer's employing | ||||||
4 | agency, whether the request has been granted, denied, or | ||||||
5 | if the Board will take additional time for information. A | ||||||
6 | law enforcement agency whose request for a waiver under | ||||||
7 | this subsection is denied is entitled to request a review | ||||||
8 | of the denial by the Board. The law enforcement agency | ||||||
9 | must request a review within 20 days of the waiver being | ||||||
10 | denied. The burden of proof shall be on the law | ||||||
11 | enforcement agency to show why the law enforcement officer | ||||||
12 | is entitled to a waiver of the legislatively required | ||||||
13 | training and eligibility requirements. | ||||||
14 | (c) No provision of this Section shall be construed to | ||||||
15 | mean that a county corrections officer employed by a | ||||||
16 | governmental agency at the time of the effective date of this | ||||||
17 | amendatory Act, either as a probationary county corrections | ||||||
18 | officer or as a permanent county corrections officer, shall | ||||||
19 | require certification under the provisions of this Section. No | ||||||
20 | provision of this Section shall be construed to apply to | ||||||
21 | certification of elected county sheriffs. | ||||||
22 | (d) Within 14 days, a law enforcement officer shall report | ||||||
23 | to the Board: (1) any name change; (2) any change in | ||||||
24 | employment; or (3) the filing of any criminal indictment or | ||||||
25 | charges against the officer alleging that the officer | ||||||
26 | committed any offense as enumerated in Section 6.1 of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (e) All law enforcement officers must report the | ||||||
3 | completion of the training requirements required in this Act | ||||||
4 | in compliance with Section 8.4 of this Act. | ||||||
5 | (e-1) Each employing law enforcement agency shall allow | ||||||
6 | and provide an opportunity for a law enforcement officer to | ||||||
7 | complete the mandated requirements in this Act. All mandated | ||||||
8 | training shall be provided at no cost to the employees. | ||||||
9 | Employees shall be paid for all time spent attending mandated | ||||||
10 | training. | ||||||
11 | (e-2) Each agency, academy, or training provider shall | ||||||
12 | maintain proof of a law enforcement officer's completion of | ||||||
13 | legislatively required training in a format designated by the | ||||||
14 | Board. The report of training shall be submitted to the Board | ||||||
15 | within 30 days following completion of the training. A copy of | ||||||
16 | the report shall be submitted to the law enforcement officer. | ||||||
17 | Upon receipt of a properly completed report of training, the | ||||||
18 | Board will make the appropriate entry into the training | ||||||
19 | records of the law enforcement officer. | ||||||
20 | (f) This Section does not apply to part-time law | ||||||
21 | enforcement officers or probationary part-time law enforcement | ||||||
22 | officers. | ||||||
23 | (g) Notwithstanding any provision of law to the contrary, | ||||||
24 | the changes made to this Section by Public Act 101-652, Public | ||||||
25 | Act 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
26 | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; |
| |||||||
| |||||||
1 | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24 .)
| ||||||
2 | (50 ILCS 705/8.2) | ||||||
3 | Sec. 8.2. Part-time police law enforcement officers. | ||||||
4 | (a) A person hired to serve as a part-time police officer | ||||||
5 | must obtain from the Board a certificate (i) attesting to his | ||||||
6 | or her successful completion of the part-time police training | ||||||
7 | course; (ii) attesting to his or her satisfactory completion | ||||||
8 | of a training program of similar content and number of hours | ||||||
9 | that has been found acceptable by the Board under the | ||||||
10 | provisions of this Act; or (iii) attesting to the Board's | ||||||
11 | determination that the part-time police training course is | ||||||
12 | unnecessary because of the person's extensive prior law | ||||||
13 | enforcement experience. A person hired on or after March 14, | ||||||
14 | 2002 (the effective date of Public Act 92-533) must obtain | ||||||
15 | this certificate within 18 months after the initial date of | ||||||
16 | hire as a probationary part-time police officer in the State | ||||||
17 | of Illinois. The probationary part-time police officer must be | ||||||
18 | enrolled and accepted into a Board-approved course within 6 | ||||||
19 | months after active employment by any department in the State. | ||||||
20 | A person hired on or after January 1, 1996 and before March 14, | ||||||
21 | 2002 (the effective date of Public Act 92-533) must obtain | ||||||
22 | this certificate within 18 months after the date of hire. A | ||||||
23 | person hired before January 1, 1996 must obtain this | ||||||
24 | certificate within 24 months after January 1, 1996 (the | ||||||
25 | effective date of Public Act 89-170). |
| |||||||
| |||||||
1 | The employing agency may seek a waiver from the Board | ||||||
2 | extending the period for compliance. A waiver shall be issued | ||||||
3 | only for good and justifiable reasons, and the probationary | ||||||
4 | part-time police officer may not practice as a part-time | ||||||
5 | police officer during the waiver period. If training is | ||||||
6 | required and not completed within the applicable time period, | ||||||
7 | as extended by any waiver that may be granted, then the officer | ||||||
8 | must forfeit his or her position. | ||||||
9 | (b) (Blank). | ||||||
10 | (c) The part-time police training course referred to in | ||||||
11 | this Section shall be of similar content and the same number of | ||||||
12 | hours as the courses for full-time officers and shall be | ||||||
13 | provided by Mobile Team In-Service Training Units under the | ||||||
14 | Intergovernmental Law Enforcement Officer's In-Service | ||||||
15 | Training Act or by another approved program or facility in a | ||||||
16 | manner prescribed by the Board. | ||||||
17 | (d) For the purposes of this Section, the Board shall | ||||||
18 | adopt rules defining what constitutes employment on a | ||||||
19 | part-time basis. | ||||||
20 | (a) A person hired to serve as a part-time law enforcement | ||||||
21 | officer must obtain from the Board a certificate (i) attesting | ||||||
22 | to the officer's successful completion of the part-time police | ||||||
23 | training course; (ii) attesting to the officer's satisfactory | ||||||
24 | completion of a training program of similar content and number | ||||||
25 | of hours that has been found acceptable by the Board under the | ||||||
26 | provisions of this Act; or (iii) a training waiver attesting |
| |||||||
| |||||||
1 | to the Board's determination that the part-time police | ||||||
2 | training course is unnecessary because of the person's prior | ||||||
3 | law enforcement experience obtained in Illinois, in any other | ||||||
4 | state, or with an agency of the federal government. A person | ||||||
5 | hired on or after the effective date of this amendatory Act of | ||||||
6 | the 92nd General Assembly must obtain this certificate within | ||||||
7 | 18 months after the initial date of hire as a probationary | ||||||
8 | part-time law enforcement officer in the State of Illinois. | ||||||
9 | The probationary part-time law enforcement officer must be | ||||||
10 | enrolled and accepted into a Board-approved course within 6 | ||||||
11 | months after active employment by any department in the State. | ||||||
12 | A person hired on or after January 1, 1996 and before the | ||||||
13 | effective date of this amendatory Act of the 92nd General | ||||||
14 | Assembly must obtain this certificate within 18 months after | ||||||
15 | the date of hire. A person hired before January 1, 1996 must | ||||||
16 | obtain this certificate within 24 months after the effective | ||||||
17 | date of this amendatory Act of 1995. Agencies seeking a | ||||||
18 | reciprocity waiver for training completed outside of Illinois | ||||||
19 | must conduct a thorough background check and provide | ||||||
20 | verification of the officer's prior training. After review and | ||||||
21 | satisfaction of all requested conditions, the officer shall be | ||||||
22 | awarded an equivalency certificate satisfying the requirements | ||||||
23 | of this Section. Within 60 days after the effective date of | ||||||
24 | this amendatory Act of the 103rd General Assembly, the Board | ||||||
25 | shall adopt uniform rules providing for a waiver process for a | ||||||
26 | person previously employed and qualified as a law enforcement |
| |||||||
| |||||||
1 | or county corrections officer under federal law or the laws of | ||||||
2 | any other state, or who has completed a basic law enforcement | ||||||
3 | officer or correctional officer academy who would be qualified | ||||||
4 | to be employed as a law enforcement officer or correctional | ||||||
5 | officer by the federal government or any other state. These | ||||||
6 | rules shall address the process for evaluating prior training | ||||||
7 | credit, a description and list of the courses typically | ||||||
8 | required for reciprocity candidates to complete prior to | ||||||
9 | taking the exam, and a procedure for employers seeking a | ||||||
10 | pre-activation determination for a reciprocity training | ||||||
11 | waiver. The rules shall provide that any eligible person | ||||||
12 | previously trained as a law enforcement or county corrections | ||||||
13 | officer under federal law or the laws of any other state shall | ||||||
14 | successfully complete the following prior to the approval of a | ||||||
15 | waiver: | ||||||
16 | (1) a training program or set of coursework approved | ||||||
17 | by the Board on the laws of this State relevant to the | ||||||
18 | duties and training requirements of law enforcement and | ||||||
19 | county correctional officers; | ||||||
20 | (2) firearms training; and | ||||||
21 | (3) successful passage of the equivalency | ||||||
22 | certification examination. | ||||||
23 | The employing agency may seek an extension waiver from the | ||||||
24 | Board extending the period for compliance. An extension waiver | ||||||
25 | shall be issued only for good and justifiable reasons, and the | ||||||
26 | probationary part-time law enforcement officer may not |
| |||||||
| |||||||
1 | practice as a part-time law enforcement officer during the | ||||||
2 | extension waiver period. If training is required and not | ||||||
3 | completed within the applicable time period, as extended by | ||||||
4 | any waiver that may be granted, then the officer must forfeit | ||||||
5 | the officer's position. | ||||||
6 | An individual who is not certified by the Board or whose | ||||||
7 | certified status is inactive shall not function as a law | ||||||
8 | enforcement officer, be assigned the duties of a law | ||||||
9 | enforcement officer by an agency, or be authorized to carry | ||||||
10 | firearms under the authority of the employer, except that | ||||||
11 | sheriffs who are elected are exempt from the requirement of | ||||||
12 | certified status. Failure to be in accordance with this Act | ||||||
13 | shall cause the officer to forfeit the officer's position. | ||||||
14 | (a-5) A part-time probationary law enforcement officer | ||||||
15 | shall be allowed to complete six months of a part-time police | ||||||
16 | training course and function as a law enforcement officer as | ||||||
17 | permitted by this subsection with a waiver from the Board, | ||||||
18 | provided the part-time law enforcement officer is still | ||||||
19 | enrolled in the training course. If the part-time probationary | ||||||
20 | law enforcement officer withdraws from the course for any | ||||||
21 | reason or does not complete the course within the applicable | ||||||
22 | time period, as extended by any waiver that may be granted, | ||||||
23 | then the officer must forfeit the officer's position. A | ||||||
24 | probationary law enforcement officer must function under the | ||||||
25 | following rules: | ||||||
26 | (1) A law enforcement agency may not grant a person |
| |||||||
| |||||||
1 | status as a law enforcement officer unless the person has | ||||||
2 | been granted an active law enforcement officer | ||||||
3 | certification by the Board. | ||||||
4 | (2) A part-time probationary law enforcement officer | ||||||
5 | shall not be used as a permanent replacement for a | ||||||
6 | full-time law enforcement. | ||||||
7 | (3) A part-time probationary law enforcement officer | ||||||
8 | shall be directly supervised at all times by a Board | ||||||
9 | certified law enforcement officer. Direct supervision | ||||||
10 | requires oversight and control with the supervisor having | ||||||
11 | final decision-making authority as to the actions of the | ||||||
12 | recruit during duty hours. | ||||||
13 | (b) Inactive status. A person who has an inactive law | ||||||
14 | enforcement officer certification has no law enforcement | ||||||
15 | authority. | ||||||
16 | (1) A law enforcement officer's certification becomes | ||||||
17 | inactive upon termination, resignation, retirement, or | ||||||
18 | separation from the employing agency for any reason. The | ||||||
19 | Board shall re-activate a certification upon written | ||||||
20 | application from the law enforcement officer's employing | ||||||
21 | agency that shows the law enforcement officer: (i) has | ||||||
22 | accepted a part-time law enforcement position with that a | ||||||
23 | law enforcement agency, (ii) is not the subject of a | ||||||
24 | decertification proceeding, and (iii) meets all other | ||||||
25 | criteria for re-activation required by the Board. | ||||||
26 | The Board may refuse to re-activate the certification |
| |||||||
| |||||||
1 | of a law enforcement officer who was involuntarily | ||||||
2 | terminated for good cause by the officer's employing | ||||||
3 | agency for conduct subject to decertification under this | ||||||
4 | Act or resigned or retired after receiving notice of a law | ||||||
5 | enforcement agency's investigation. | ||||||
6 | (2) A law enforcement agency may place an officer who | ||||||
7 | is currently certified on inactive status by sending a | ||||||
8 | written request to the Board. A law enforcement officer | ||||||
9 | whose certificate has been placed on inactive status shall | ||||||
10 | not function as a law enforcement officer until the | ||||||
11 | officer has completed any requirements for reactivating | ||||||
12 | the certificate as required by the Board. A request for | ||||||
13 | inactive status in this subsection shall be in writing, | ||||||
14 | accompanied by verifying documentation, and shall be | ||||||
15 | submitted to the Board by the law enforcement officer's | ||||||
16 | employing agency. | ||||||
17 | (3) Certification that has become inactive under | ||||||
18 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
19 | by written notice from the law enforcement officer's law | ||||||
20 | enforcement agency upon a showing that the law enforcement | ||||||
21 | officer is: (i) employed in a part-time law enforcement | ||||||
22 | position with the same law enforcement agency, (ii) not | ||||||
23 | the subject of a decertification proceeding, and (iii) | ||||||
24 | meets all other criteria for re-activation required by the | ||||||
25 | Board. The Board may also establish special training | ||||||
26 | requirements to be completed as a condition for |
| |||||||
| |||||||
1 | re-activation. | ||||||
2 | The Board shall review a notice for reactivation from | ||||||
3 | a law enforcement agency and provide a response within 30 | ||||||
4 | days. The Board may extend this review. A law enforcement | ||||||
5 | officer shall be allowed to be employed as a part-time law | ||||||
6 | enforcement officer while the law enforcement officer | ||||||
7 | reactivation waiver is under review. | ||||||
8 | A law enforcement officer who is refused reactivation | ||||||
9 | or an employing agency of a law enforcement officer who is | ||||||
10 | refused reactivation under this Section may request a | ||||||
11 | hearing in accordance with the hearing procedures as | ||||||
12 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
13 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
14 | law enforcement officer whose certification has become | ||||||
15 | inactive under paragraph (2) may have the officer's | ||||||
16 | employing agency submit a request for a waiver of training | ||||||
17 | requirements to the Board in writing and accompanied by | ||||||
18 | any verifying documentation. A grant of a waiver is within | ||||||
19 | the discretion of the Board. Within 7 days of receiving a | ||||||
20 | request for a waiver under this section, the Board shall | ||||||
21 | notify the law enforcement officer and the chief | ||||||
22 | administrator of the law enforcement officer's employing | ||||||
23 | agency, whether the request has been granted, denied, or | ||||||
24 | if the Board will take additional time for information. A | ||||||
25 | law enforcement agency or law enforcement officer, whose | ||||||
26 | request for a waiver under this subsection is denied, is |
| |||||||
| |||||||
1 | entitled to request a review of the denial by the Board. | ||||||
2 | The law enforcement agency must request a review within 20 | ||||||
3 | days after the waiver being denied. The burden of proof | ||||||
4 | shall be on the law enforcement agency to show why the law | ||||||
5 | enforcement officer is entitled to a waiver of the | ||||||
6 | legislatively required training and eligibility | ||||||
7 | requirements. | ||||||
8 | (c) The part-time police training course referred to in | ||||||
9 | this Section shall be of similar content and the same number of | ||||||
10 | hours as the courses for full-time officers and shall be | ||||||
11 | provided by Mobile Team In-Service Training Units under the | ||||||
12 | Intergovernmental Law Enforcement Officer's In-Service | ||||||
13 | Training Act or by another approved program or facility in a | ||||||
14 | manner prescribed by the Board. | ||||||
15 | (d) Within 14 days, a law enforcement officer shall report | ||||||
16 | to the Board: (1) any name change; (2) any change in | ||||||
17 | employment; or (3) the filing of any criminal indictment or | ||||||
18 | charges against the officer alleging that the officer | ||||||
19 | committed any offense as enumerated in Section 6.1 of this | ||||||
20 | Act. | ||||||
21 | (e) All law enforcement officers must report the | ||||||
22 | completion of the training requirements required in this Act | ||||||
23 | in compliance with Section 8.4 of this Act. | ||||||
24 | (e-1) Each employing agency shall allow and provide an | ||||||
25 | opportunity for a law enforcement officer to complete the | ||||||
26 | requirements in this Act. All mandated training shall be |
| |||||||
| |||||||
1 | provided for at no cost to the employees. Employees shall be | ||||||
2 | paid for all time spent attending mandated training. | ||||||
3 | (e-2) Each agency, academy, or training provider shall | ||||||
4 | maintain proof of a law enforcement officer's completion of | ||||||
5 | legislatively required training in a format designated by the | ||||||
6 | Board. The report of training shall be submitted to the Board | ||||||
7 | within 30 days following completion of the training. A copy of | ||||||
8 | the report shall be submitted to the law enforcement officer. | ||||||
9 | Upon receipt of a properly completed report of training, the | ||||||
10 | Board will make the appropriate entry into the training | ||||||
11 | records of the law enforcement officer. | ||||||
12 | (f) For the purposes of this Section, the Board shall | ||||||
13 | adopt rules defining what constitutes employment on a | ||||||
14 | part-time basis. | ||||||
15 | (g) Notwithstanding any provision of law to the contrary, | ||||||
16 | the changes made to this Section by this amendatory Act of the | ||||||
17 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
18 | 1, 2022. | ||||||
19 | (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24 .)
| ||||||
20 | (50 ILCS 705/9) (from Ch. 85, par. 509) | ||||||
21 | Sec. 9. A special fund is hereby established in the State | ||||||
22 | Treasury to be known as the Traffic and Criminal Conviction | ||||||
23 | Surcharge Fund. Moneys in this Fund shall be expended as | ||||||
24 | follows: | ||||||
25 | (1) a portion of the total amount deposited in the |
| |||||||
| |||||||
1 | Fund may be used, as appropriated by the General Assembly, | ||||||
2 | for the ordinary and contingent expenses of the Illinois | ||||||
3 | Law Enforcement Training Standards Board; | ||||||
4 | (2) a portion of the total amount deposited in the | ||||||
5 | Fund shall be appropriated for the reimbursement of local | ||||||
6 | governmental agencies participating in training programs | ||||||
7 | certified by the Board, in an amount equaling 1/2 of the | ||||||
8 | total sum paid by such agencies during the State's | ||||||
9 | previous fiscal year for mandated training for | ||||||
10 | probationary police law enforcement officers or | ||||||
11 | probationary county corrections officers and for optional | ||||||
12 | advanced and specialized law enforcement or county | ||||||
13 | corrections training; these reimbursements may include the | ||||||
14 | costs for tuition at training schools, the salaries of | ||||||
15 | trainees while in schools, and the necessary travel and | ||||||
16 | room and board expenses for each trainee; if the | ||||||
17 | appropriations under this paragraph (2) are not sufficient | ||||||
18 | to fully reimburse the participating local governmental | ||||||
19 | agencies, the available funds shall be apportioned among | ||||||
20 | such agencies, with priority first given to repayment of | ||||||
21 | the costs of mandatory training given to law enforcement | ||||||
22 | officer or county corrections officer recruits, then to | ||||||
23 | repayment of costs of advanced or specialized training for | ||||||
24 | permanent police law enforcement officers or permanent | ||||||
25 | county corrections officers; | ||||||
26 | (3) a portion of the total amount deposited in the |
| |||||||
| |||||||
1 | Fund may be used to fund the Intergovernmental Law | ||||||
2 | Enforcement Officer's In-Service Training Act, veto | ||||||
3 | overridden October 29, 1981, as now or hereafter amended, | ||||||
4 | at a rate and method to be determined by the board; | ||||||
5 | (4) a portion of the Fund also may be used by the | ||||||
6 | Illinois State Police for expenses incurred in the | ||||||
7 | training of employees from any State, county, or municipal | ||||||
8 | agency whose function includes enforcement of criminal or | ||||||
9 | traffic law; | ||||||
10 | (5) a portion of the Fund may be used by the Board to | ||||||
11 | fund grant-in-aid programs and services for the training | ||||||
12 | of employees from any county or municipal agency whose | ||||||
13 | functions include corrections or the enforcement of | ||||||
14 | criminal or traffic law; | ||||||
15 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
16 | of the Fund also may be used by the Department of State | ||||||
17 | Police to finance any of its lawful purposes or functions; | ||||||
18 | (7) a portion of the Fund may be used by the Board, | ||||||
19 | subject to appropriation, to administer grants to local | ||||||
20 | law enforcement agencies for the purpose of purchasing | ||||||
21 | bulletproof vests under the Law Enforcement Officer | ||||||
22 | Bulletproof Vest Act; and | ||||||
23 | (8) a portion of the Fund may be used by the Board to | ||||||
24 | create a law enforcement grant program available for units | ||||||
25 | of local government to fund crime prevention programs, | ||||||
26 | training, and interdiction efforts, including enforcement |
| |||||||
| |||||||
1 | and prevention efforts, relating to the illegal cannabis | ||||||
2 | market and driving under the influence of cannabis. | ||||||
3 | All payments from the Traffic and Criminal Conviction | ||||||
4 | Surcharge Fund shall be made each year from moneys | ||||||
5 | appropriated for the purposes specified in this Section. No | ||||||
6 | more than 50% of any appropriation under this Act shall be | ||||||
7 | spent in any city having a population of more than 500,000. The | ||||||
8 | State Comptroller and the State Treasurer shall from time to | ||||||
9 | time, at the direction of the Governor, transfer from the | ||||||
10 | Traffic and Criminal Conviction Surcharge Fund to the General | ||||||
11 | Revenue Fund in the State Treasury such amounts as the | ||||||
12 | Governor determines are in excess of the amounts required to | ||||||
13 | meet the obligations of the Traffic and Criminal Conviction | ||||||
14 | Surcharge Fund. | ||||||
15 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; | ||||||
16 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
17 | (50 ILCS 705/10) (from Ch. 85, par. 510) | ||||||
18 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
19 | and regulations as may be necessary to carry out the | ||||||
20 | provisions of this Act, including those relating to the annual | ||||||
21 | certification of retired law enforcement officers qualified | ||||||
22 | under federal law to carry a concealed weapon. A copy of all | ||||||
23 | rules and regulations and amendments or rescissions thereof | ||||||
24 | shall be filed with the Secretary of State within a reasonable | ||||||
25 | time after their adoption. The schools certified by the Board |
| |||||||
| |||||||
1 | and participating in the training program may dismiss from the | ||||||
2 | school any trainee prior to the officer's completion of the | ||||||
3 | course, if in the opinion of the person in charge of the | ||||||
4 | training school, the trainee is unable or unwilling to | ||||||
5 | satisfactorily complete the prescribed course of training. | ||||||
6 | The Board shall adopt emergency rules to administer this | ||||||
7 | Act in accordance with Section 5-45 of the Illinois | ||||||
8 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
9 | Administrative Procedure Act, the General Assembly finds that | ||||||
10 | the adoption of rules to implement this Act is deemed an | ||||||
11 | emergency and necessary to the public interest, safety, and | ||||||
12 | welfare. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
14 | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1) | ||||||
15 | Sec. 10.1. Additional training programs. The Board shall | ||||||
16 | initiate, administer, and conduct training programs for | ||||||
17 | permanent police law enforcement officers and permanent county | ||||||
18 | corrections officers in addition to the basic recruit training | ||||||
19 | program. The Board may initiate, administer, and conduct | ||||||
20 | training programs for part-time police law enforcement | ||||||
21 | officers in addition to the basic part-time police law | ||||||
22 | enforcement training course. The training for permanent and | ||||||
23 | part-time police law enforcement officers and permanent county | ||||||
24 | corrections officers may be given in any schools selected by | ||||||
25 | the Board. Such training may include all or any part of the |
| |||||||
| |||||||
1 | subjects enumerated in Sections 7 and 7.4 of this Act. | ||||||
2 | The corporate authorities of all participating local | ||||||
3 | governmental agencies may elect to participate in the advanced | ||||||
4 | training for permanent and part-time police law enforcement | ||||||
5 | officers and permanent county corrections officers but | ||||||
6 | nonparticipation in this program shall not in any way affect | ||||||
7 | the mandatory responsibility of governmental units to | ||||||
8 | participate in the basic recruit training programs for | ||||||
9 | probationary full-time and part-time police law enforcement | ||||||
10 | and permanent county corrections officers. The failure of any | ||||||
11 | permanent or part-time police law enforcement officer or | ||||||
12 | permanent county corrections officer to successfully complete | ||||||
13 | any course authorized under this Section shall not affect the | ||||||
14 | officer's status as a member of the police department or | ||||||
15 | county sheriff's office of any local governmental agency. | ||||||
16 | The Board may initiate, administer, and conduct training | ||||||
17 | programs for clerks of circuit courts. Those training | ||||||
18 | programs, at the Board's discretion, may be the same or | ||||||
19 | variations of training programs for law enforcement officers. | ||||||
20 | The Board shall initiate, administer, and conduct a | ||||||
21 | training program regarding the set up and operation of | ||||||
22 | portable scales for all municipal and county police officers, | ||||||
23 | technicians, and employees who set up and operate portable | ||||||
24 | scales. This training program must include classroom and field | ||||||
25 | training. | ||||||
26 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/10.2) | ||||||
2 | Sec. 10.2. Criminal background investigations. | ||||||
3 | (a) On and after March 14, 2002 (the effective date of | ||||||
4 | Public Act 92-533), an applicant for employment as a peace | ||||||
5 | officer, or for annual certification as a retired law | ||||||
6 | enforcement officer qualified under federal law to carry a | ||||||
7 | concealed weapon, shall authorize an investigation to | ||||||
8 | determine if the applicant has been convicted of , or entered a | ||||||
9 | plea of guilty to, any criminal offense that disqualifies the | ||||||
10 | person as a peace officer. | ||||||
11 | (b) No law enforcement agency may knowingly employ a | ||||||
12 | person, or certify a retired law enforcement officer qualified | ||||||
13 | under federal law to carry a concealed weapon, unless (i) a | ||||||
14 | criminal background investigation of that person has been | ||||||
15 | completed and (ii) that investigation reveals no convictions | ||||||
16 | of or pleas of guilty to of offenses specified in subsection | ||||||
17 | (a) of Section 6.1 of this Act. | ||||||
18 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
19 | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
| ||||||
20 | (50 ILCS 705/10.3) | ||||||
21 | Sec. 10.3. Training of police law enforcement officers to | ||||||
22 | conduct electronic interrogations. | ||||||
23 | (a) From appropriations made to it for that purpose, the | ||||||
24 | Board shall initiate, administer, and conduct training |
| |||||||
| |||||||
1 | programs for permanent police law enforcement officers, | ||||||
2 | part-time police law enforcement officers, and recruits on the | ||||||
3 | methods and technical aspects of conducting electronic | ||||||
4 | recordings of interrogations. | ||||||
5 | (b) Subject to appropriation, the Board shall develop | ||||||
6 | technical guidelines for the mandated recording of custodial | ||||||
7 | interrogations in all homicide investigations by law | ||||||
8 | enforcement agencies. These guidelines shall be developed in | ||||||
9 | conjunction with law enforcement agencies and technology | ||||||
10 | accreditation groups to provide guidance for law enforcement | ||||||
11 | agencies in implementing the mandated recording of custodial | ||||||
12 | interrogations in all homicide investigations. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||
14 | (50 ILCS 705/10.5-1 new) | ||||||
15 | Sec. 10.5-1. Conservators of the Peace training course. | ||||||
16 | The Board shall initiate, administer, and conduct a training | ||||||
17 | course for conservators of the peace. The training course may | ||||||
18 | include all or any part of the subjects enumerated in Section | ||||||
19 | 7. The Board shall issue a certificate to those persons | ||||||
20 | successfully completing the course. For the purposes of this | ||||||
21 | Section, "conservators of the peace" means those persons | ||||||
22 | designated under Section 3.1-15-25 of the Illinois Municipal | ||||||
23 | Code and Section 4-7 of the Park District Code.
| ||||||
24 | (50 ILCS 705/10.11) |
| |||||||
| |||||||
1 | Sec. 10.11. Training; death and homicide investigation. | ||||||
2 | The Illinois Law Enforcement Training Standards Board shall | ||||||
3 | conduct or approve a training program in death and homicide | ||||||
4 | investigation for the training of law enforcement officers of | ||||||
5 | local law enforcement agencies. Only law enforcement officers | ||||||
6 | who successfully complete the training program may be assigned | ||||||
7 | as lead investigators in death and homicide investigations. | ||||||
8 | Satisfactory completion of the training program shall be | ||||||
9 | evidenced by a certificate issued to the law enforcement | ||||||
10 | officer by the Illinois Law Enforcement Training Standards | ||||||
11 | Board. | ||||||
12 | The Illinois Law Enforcement Training Standards Board | ||||||
13 | shall develop a process for waiver applications sent by a | ||||||
14 | local law enforcement governmental agency administrator for | ||||||
15 | those officers whose prior training and experience as homicide | ||||||
16 | investigators may qualify them for a waiver. The Board may | ||||||
17 | issue a waiver at its discretion, based solely on the prior | ||||||
18 | training and experience of an officer as a homicide | ||||||
19 | investigator. This Section does not affect or impede the | ||||||
20 | powers of the office of the coroner to investigate all deaths | ||||||
21 | as provided in Division 3-3 of the Counties Code and the | ||||||
22 | Coroner Training Board Act. | ||||||
23 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
24 | 102-694, eff. 1-7-22.)
| ||||||
25 | (50 ILCS 705/10.18) |
| |||||||
| |||||||
1 | Sec. 10.18. Training; administration of opioid | ||||||
2 | antagonists. The Board shall conduct or approve an in-service | ||||||
3 | training program for police law enforcement officers in the | ||||||
4 | administration of opioid antagonists as defined in paragraph | ||||||
5 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
6 | Disorder Act that is in accordance with that Section. As used | ||||||
7 | in this Section, the term " police law enforcement officers" | ||||||
8 | includes full-time or part-time probationary police law | ||||||
9 | enforcement officers, permanent or part-time police law | ||||||
10 | enforcement officers, recruits, permanent or probationary | ||||||
11 | county corrections officers, permanent or probationary county | ||||||
12 | security officers, and court security officers. The term does | ||||||
13 | not include auxiliary police officers as defined in Section | ||||||
14 | 3.1-30-20 of the Illinois Municipal Code. | ||||||
15 | (Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
| ||||||
16 | (50 ILCS 705/10.19) | ||||||
17 | Sec. 10.19. Training; administration of epinephrine. | ||||||
18 | (a) This Section, along with Section 40 of the Illinois | ||||||
19 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
20 | (b) For purposes of this Section, "epinephrine | ||||||
21 | auto-injector" means a single-use device used for the | ||||||
22 | automatic injection of a pre-measured dose of epinephrine into | ||||||
23 | the human body prescribed in the name of a local law | ||||||
24 | enforcement agency. | ||||||
25 | (c) The Board shall conduct or approve an optional |
| |||||||
| |||||||
1 | advanced training program for police law enforcement officers | ||||||
2 | to recognize and respond to anaphylaxis, including the | ||||||
3 | administration of an epinephrine auto-injector. The training | ||||||
4 | must include, but is not limited to: | ||||||
5 | (1) how to recognize symptoms of an allergic reaction; | ||||||
6 | (2) how to respond to an emergency involving an | ||||||
7 | allergic reaction; | ||||||
8 | (3) how to administer an epinephrine auto-injector; | ||||||
9 | (4) how to respond to an individual with a known | ||||||
10 | allergy as well as an individual with a previously unknown | ||||||
11 | allergy; | ||||||
12 | (5) a test demonstrating competency of the knowledge | ||||||
13 | required to recognize anaphylaxis and administer an | ||||||
14 | epinephrine auto-injector; and | ||||||
15 | (6) other criteria as determined in rules adopted by | ||||||
16 | the Board. | ||||||
17 | (d) A local law enforcement agency may authorize a police | ||||||
18 | law enforcement officer who has completed an optional advanced | ||||||
19 | training program under subsection (c) to carry, administer, or | ||||||
20 | assist with the administration of epinephrine auto-injectors | ||||||
21 | provided by the local law enforcement agency whenever the | ||||||
22 | officer is performing official duties. | ||||||
23 | (e) A local law enforcement agency that authorizes its | ||||||
24 | officers to carry and administer epinephrine auto-injectors | ||||||
25 | under subsection (d) must establish a policy to control the | ||||||
26 | acquisition, storage, transportation, administration, and |
| |||||||
| |||||||
1 | disposal of epinephrine auto-injectors and to provide | ||||||
2 | continued training in the administration of epinephrine | ||||||
3 | auto-injectors. | ||||||
4 | (f) A physician, physician assistant with prescriptive | ||||||
5 | authority, or advanced practice registered nurse with | ||||||
6 | prescriptive authority may provide a standing protocol or | ||||||
7 | prescription for epinephrine auto-injectors in the name of a | ||||||
8 | local law enforcement agency to be maintained for use when | ||||||
9 | necessary. | ||||||
10 | (g) When a police law enforcement officer administers an | ||||||
11 | epinephrine auto-injector in good faith, the police law | ||||||
12 | enforcement officer and local law enforcement agency, and its | ||||||
13 | employees and agents, including a physician, physician | ||||||
14 | assistant with prescriptive authority, or advanced practice | ||||||
15 | registered nurse with prescriptive authority who provides a | ||||||
16 | standing order or prescription for an epinephrine | ||||||
17 | auto-injector, incur no civil or professional liability, | ||||||
18 | except for willful and wanton conduct, or as a result of any | ||||||
19 | injury or death arising from the use of an epinephrine | ||||||
20 | auto-injector. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; | ||||||
22 | 103-154, eff. 6-30-23.)
| ||||||
23 | (50 ILCS 705/10.20) | ||||||
24 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
25 | develop rules and minimum standards for local law enforcement |
| |||||||
| |||||||
1 | agencies that authorize police law enforcement officers to | ||||||
2 | dispose of unused medications under Section 18 of the Safe | ||||||
3 | Pharmaceutical Disposal Act. | ||||||
4 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22 .)
| ||||||
5 | (50 ILCS 705/3.1 rep.) | ||||||
6 | (50 ILCS 705/6.3 rep.) | ||||||
7 | (50 ILCS 705/6.6 rep.) | ||||||
8 | (50 ILCS 705/6.7 rep.) | ||||||
9 | (50 ILCS 705/8.3 rep.) | ||||||
10 | (50 ILCS 705/8.4 rep.) | ||||||
11 | (50 ILCS 705/9.2 rep.) | ||||||
12 | (50 ILCS 705/13 rep.) | ||||||
13 | Section 410. The Illinois Police Training Act is amended | ||||||
14 | by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and | ||||||
15 | 13.
| ||||||
16 | Section 415. The Counties Code is amended by changing | ||||||
17 | Section 3-6001.5 as follows:
| ||||||
18 | (55 ILCS 5/3-6001.5) | ||||||
19 | Sec. 3-6001.5. Sheriff qualifications. A person is not | ||||||
20 | eligible to be elected or appointed to the office of sheriff, | ||||||
21 | unless that person meets all of the following requirements: | ||||||
22 | (1) Is a United States citizen. | ||||||
23 | (2) Has been a resident of the county for at least one |
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1 | year. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (3) Is not a convicted felon. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (4) Has a certificate attesting to his or her | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | successful completion of the Minimum Standards Basic Law | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Enforcement Officers Training Course as prescribed by the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Illinois Law Enforcement Training Standards Board or a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | substantially similar training program of another state or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | the federal government. This paragraph does not apply to a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | sheriff currently serving on the effective date of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | amendatory Act of the 101st General Assembly. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 101-652, eff. 1-1-22 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | other Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|