Public Act 102-0538

SB2037 Enrolled LRB102 17120 WGH 22551 b

AN ACT concerning the Illinois State Police.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. This Act revises statutory law to conform the

statutes to the reorganization of the executive branch taking

effect under Executive Order 2019-12. This Act also makes

other changes concerning the Illinois State Police and makes

technical and stylistic changes.

Section 10. The Consular Identification Document Act is

amended by changing Section 5 as follows:

(5 ILCS 230/5)

Sec. 5. Definition. As used in this Act, "consular

identification document" means an official identification card

issued by a foreign government that meets all of the following

requirements:

(1) The consular identification document is issued

through the foreign government's consular offices for the

purpose of identifying a foreign national who is living

outside of that nation.

(2) The foreign government requires an individual to

provide the following to obtain the consular

identification document: (A) proof of nationality; (B)

proof of identity; and (C) proof of residence in the

consular district.

(3) The foreign government includes the following

security features in the consular identification document:

(A) a unique identification number; (B) an optically

variable feature such as a hologram or color-shifting

inks; (C) an ultraviolet image; (D) encoded information;

(E) machine readable technology; (F) micro printing; (G)

secure laminate; and (H) integrated photograph and

signature.

(4) The consular identification document includes the

following data: (A) the name and address of the individual

to whom it is issued; (B) the date of issuance; (C) the

date of expiration; (D) the name of the issuing consulate;

and (E) an identification number. The consular

identification document must include an English

translation of the data fields.

(5) The issuing consulate has filed with the Illinois

Department of State Police a copy of the issuing

consulate's consular identification document and a

certification of the procedures that are used to satisfy

the requirements of paragraphs (2) and (3).

(Source: P.A. 94-389, eff. 1-1-06.)

Section 15. The Public Corruption Profit Forfeiture Act is

amended by changing Sections 10 and 25 as follows:

(5 ILCS 283/10)

Sec. 10. Penalties.

(a) A person who is convicted of a violation of any of the

following Sections, subsections, and clauses of the Criminal

Code of 1961 or the Criminal Code of 2012:

(1) clause (a)(6) of Section 12-6 (intimidation by a

public official),

(2) Section 33-1 (bribery),

(3) subsection (a) of Section 33E-7 (kickbacks), or

(4) Section 33C-4 or subsection (d) of Section 17-10.3

(fraudulently obtaining public moneys reserved for

disadvantaged business enterprises),

shall forfeit to the State of Illinois:

(A) any profits or proceeds and any property or

property interest he or she has acquired or maintained in

violation of any of the offenses listed in clauses (1)

through (4) of this subsection (a) that the court

determines, after a forfeiture hearing under subsection

(b) of this Section, to have been acquired or maintained

as a result of violating any of the offenses listed in

clauses (1) through (4) of this subsection (a); and

(B) any interest in, security of, claim against, or

property or contractual right of any kind affording a

source of influence over, any enterprise which he or she

has established, operated, controlled, conducted, or

participated in the conduct of, in violation of any of the

offenses listed in clauses (1) through (4) of this

subsection (a) that the court determines, after a

forfeiture hearing under subsection (b) of this Section,

to have been acquired or maintained as a result of

violating any of the offenses listed in clauses (1)

through (4) of this subsection (a) or used to facilitate a

violation of one of the offenses listed in clauses (1)

through (4) of this subsection (a).

(b) The court shall, upon petition by the Attorney General

or State's Attorney, at any time after the filing of an

information or return of an indictment, conduct a hearing to

determine whether any property or property interest is subject

to forfeiture under this Act. At the forfeiture hearing the

people shall have the burden of establishing, by a

preponderance of the evidence, that property or property

interests are subject to forfeiture under this Act. There is a

rebuttable presumption at such hearing that any property or

property interest of a person charged by information or

indictment with a violation of any of the offenses listed in

clauses (1) through (4) of subsection (a) of this Section or

who is convicted of a violation of any of the offenses listed

in clauses (1) through (4) of subsection (a) of this Section is

subject to forfeiture under this Section if the State

establishes by a preponderance of the evidence that:

(1) such property or property interest was acquired by

such person during the period of the violation of any of

the offenses listed in clauses (1) through (4) of

subsection (a) of this Section or within a reasonable time

after such period; and

(2) there was no likely source for such property or

property interest other than the violation of any of the

offenses listed in clauses (1) through (4) of subsection

(a) of this Section.

(c) In an action brought by the People of the State of

Illinois under this Act, wherein any restraining order,

injunction or prohibition or any other action in connection

with any property or property interest subject to forfeiture

under this Act is sought, the circuit court which shall

preside over the trial of the person or persons charged with

any of the offenses listed in clauses (1) through (4) of

subsection (a) of this Section shall first determine whether

there is probable cause to believe that the person or persons

so charged have committed a violation of any of the offenses

listed in clauses (1) through (4) of subsection (a) of this

Section and whether the property or property interest is

subject to forfeiture pursuant to this Act.

In order to make such a determination, prior to entering

any such order, the court shall conduct a hearing without a

jury, wherein the People shall establish that there is: (i)

probable cause that the person or persons so charged have

committed one of the offenses listed in clauses (1) through

(4) of subsection (a) of this Section and (ii) probable cause

that any property or property interest may be subject to

forfeiture pursuant to this Act. Such hearing may be conducted

simultaneously with a preliminary hearing, if the prosecution

is commenced by information or complaint, or by motion of the

People, at any stage in the proceedings. The court may accept a

finding of probable cause at a preliminary hearing following

the filing of a charge for violating one of the offenses listed

in clauses (1) through (4) of subsection (a) of this Section or

the return of an indictment by a grand jury charging one of the

offenses listed in clauses (1) through (4) of subsection (a)

of this Section as sufficient evidence of probable cause as

provided in item (i) above.

Upon such a finding, the circuit court shall enter such

restraining order, injunction or prohibition, or shall take

such other action in connection with any such property or

property interest subject to forfeiture under this Act, as is

necessary to insure that such property is not removed from the

jurisdiction of the court, concealed, destroyed or otherwise

disposed of by the owner of that property or property interest

prior to a forfeiture hearing under subsection (b) of this

Section. The Attorney General or State's Attorney shall file a

certified copy of such restraining order, injunction or other

prohibition with the recorder of deeds or registrar of titles

of each county where any such property of the defendant may be

located. No such injunction, restraining order or other

prohibition shall affect the rights of any bona fide

purchaser, mortgagee, judgment creditor or other lien holder

arising prior to the date of such filing.

The court may, at any time, upon verified petition by the

defendant, conduct a hearing to release all or portions of any

such property or interest which the court previously

determined to be subject to forfeiture or subject to any

restraining order, injunction, or prohibition or other action.

The court may release such property to the defendant for good

cause shown and within the sound discretion of the court.

(d) Prosecution under this Act may be commenced by the

Attorney General or a State's Attorney.

(e) Upon an order of forfeiture being entered pursuant to

subsection (b) of this Section, the court shall authorize the

Attorney General to seize any property or property interest

declared forfeited under this Act and under such terms and

conditions as the court shall deem proper. Any property or

property interest that has been the subject of an entered

restraining order, injunction or prohibition or any other

action filed under subsection (c) shall be forfeited unless

the claimant can show by a preponderance of the evidence that

the property or property interest has not been acquired or

maintained as a result of a violation of any of the offenses

listed in clauses (1) through (4) of subsection (a) of this

Section or has not been used to facilitate a violation of any

of the offenses listed in clauses (1) through (4) of

subsection (a) of this Section.

(f) The Attorney General or his or her designee is

authorized to sell all property forfeited and seized pursuant

to this Act, unless such property is required by law to be

destroyed or is harmful to the public, and, after the

deduction of all requisite expenses of administration and

sale, shall distribute the proceeds of such sale, along with

any moneys forfeited or seized, in accordance with subsection

(g).

(g) All monies and the sale proceeds of all other property

forfeited and seized pursuant to this Act shall be distributed

as follows:

(1) An amount equal to 50% shall be distributed to the

unit of local government or other law enforcement agency

whose officers or employees conducted the investigation

into a violation of any of the offenses listed in clauses

(1) through (4) of subsection (a) of this Section and

caused the arrest or arrests and prosecution leading to

the forfeiture. Amounts distributed to units of local

government and law enforcement agencies shall be used for

enforcement of laws governing public corruption, or for

other law enforcement purposes. In the event, however,

that the investigation, arrest or arrests and prosecution

leading to the forfeiture were undertaken solely by a

State agency, the portion provided hereunder shall be paid

into the State Asset Forfeiture Fund in the State treasury

to be used by that State agency in accordance with law. If

the investigation, arrest or arrests and prosecution

leading to the forfeiture were undertaken by the Attorney

General, the portion provided hereunder shall be paid into

the Attorney General Whistleblower Reward and Protection

Fund in the State treasury to be used by the Attorney

General in accordance with law.

(2) An amount equal to 12.5% shall be distributed to

the county in which the prosecution resulting in the

forfeiture was instituted, deposited in a special fund in

the county treasury and appropriated to the State's

Attorney for use in accordance with law. If the

prosecution was conducted by the Attorney General, then

the amount provided under this subsection shall be paid

into the Attorney General Whistleblower Reward and

Protection Fund in the State treasury to be used by the

Attorney General in accordance with law.

(3) An amount equal to 12.5% shall be distributed to

the Office of the State's Attorneys Appellate Prosecutor

and deposited in the State's Attorneys Appellate

Prosecutor Anti-Corruption Fund, to be used by the Office

of the State's Attorneys Appellate Prosecutor for

additional expenses incurred in prosecuting appeals

arising under this Act. Any amounts remaining in the Fund

after all additional expenses have been paid shall be used

by the Office to reduce the participating county

contributions to the Office on a prorated basis as

determined by the board of governors of the Office of the

State's Attorneys Appellate Prosecutor based on the

populations of the participating counties. If the appeal

is to be conducted by the Attorney General, then the

amount provided under this subsection shall be paid into

the Attorney General Whistleblower Reward and Protection

Fund in the State treasury to be used by the Attorney

General in accordance with law.

(4) An amount equal to 25% shall be paid into the State

Asset Forfeiture Fund in the State treasury to be used by

the Illinois Department of State Police for the funding of

the investigation of public corruption activities. Any

amounts remaining in the Fund after full funding of such

investigations shall be used by the Illinois State Police

Department in accordance with law to fund its other

enforcement activities.

(h) All moneys deposited pursuant to this Act in the State

Asset Forfeiture Fund shall, subject to appropriation, be used

by the Illinois Department of State Police in the manner set

forth in this Section. All moneys deposited pursuant to this

Act in the Attorney General Whistleblower Reward and

Protection Fund shall, subject to appropriation, be used by

the Attorney General for State law enforcement purposes and

for the performance of the duties of that office. All moneys

deposited pursuant to this Act in the State's Attorneys

Appellate Prosecutor Anti-Corruption Fund shall, subject to

appropriation, be used by the Office of the State's Attorneys

Appellate Prosecutor in the manner set forth in this Section.

(Source: P.A. 101-148, eff. 7-26-19.)

(5 ILCS 283/25)

Sec. 25. Distribution of proceeds of fines.

(a) The proceeds of all fines received under the

provisions of this Act shall be transmitted to and deposited

in the treasurer's office at the level of government as

follows:

(1) If the seizure was made by a combination of law

enforcement personnel representing differing units of

local government, the court levying the fine shall

equitably allocate 50% of the fine among these units of

local government and shall allocate 50% to the county

general corporate fund. In the event that the seizure was

made by law enforcement personnel representing a unit of

local government from a municipality where the number of

inhabitants exceeds 2 million, the court levying the fine

shall allocate 100% of the fine to that unit of local

government. If the seizure was made by a combination of

law enforcement personnel representing differing units of

local government, and at least one of those units

represents a municipality where the number of inhabitants

exceeds 2 million, the court shall equitably allocate 100%

of the proceeds of the fines received among the differing

units of local government.

(2) If such seizure was made by State law enforcement

personnel, then the court shall allocate 50% to the State

treasury and 50% to the county general corporate fund.

(3) If a State law enforcement agency in combination

with a law enforcement agency or agencies of a unit or

units of local government conducted the seizure, the court

shall equitably allocate 50% of the fines to or among the

law enforcement agency or agencies of the unit or units of

local government which conducted the seizure and shall

allocate 50% to the county general corporate fund.

(b) The proceeds of all fines allocated to the law

enforcement agency or agencies of the unit or units of local

government pursuant to subsection (a) shall be made available

to that law enforcement agency as expendable receipts for use

in the enforcement of laws regulating public corruption and

other laws. The proceeds of fines awarded to the State

treasury shall be deposited in the State Asset Forfeiture

Fund. Monies from this Fund may be used by the Illinois

Department of State Police in the enforcement of laws

regulating public corruption and other laws; and all other

monies shall be paid into the General Revenue Fund in the State

treasury.

(Source: P.A. 96-1019, eff. 1-1-11.)

Section 20. The Illinois Public Labor Relations Act is

amended by changing Sections 3, 6.1, and 9 as follows:

(5 ILCS 315/3) (from Ch. 48, par. 1603)

Sec. 3. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Board" means the Illinois Labor Relations Board or,

with respect to a matter over which the jurisdiction of the

Board is assigned to the State Panel or the Local Panel under

Section 5, the panel having jurisdiction over the matter.

(b) "Collective bargaining" means bargaining over terms

and conditions of employment, including hours, wages, and

other conditions of employment, as detailed in Section 7 and

which are not excluded by Section 4.

(c) "Confidential employee" means an employee who, in the

regular course of his or her duties, assists and acts in a

confidential capacity to persons who formulate, determine, and

effectuate management policies with regard to labor relations

or who, in the regular course of his or her duties, has

authorized access to information relating to the effectuation

or review of the employer's collective bargaining policies.

(d) "Craft employees" means skilled journeymen, crafts

persons, and their apprentices and helpers.

(e) "Essential services employees" means those public

employees performing functions so essential that the

interruption or termination of the function will constitute a

clear and present danger to the health and safety of the

persons in the affected community.

(f) "Exclusive representative", except with respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Illinois Department of

State Police, means the labor organization that has been (i)

designated by the Board as the representative of a majority of

public employees in an appropriate bargaining unit in

accordance with the procedures contained in this Act, (ii)

historically recognized by the State of Illinois or any

political subdivision of the State before July 1, 1984 (the

effective date of this Act) as the exclusive representative of

the employees in an appropriate bargaining unit, (iii) after

July 1, 1984 (the effective date of this Act) recognized by an

employer upon evidence, acceptable to the Board, that the

labor organization has been designated as the exclusive

representative by a majority of the employees in an

appropriate bargaining unit; (iv) recognized as the exclusive

representative of personal assistants under Executive Order

2003-8 prior to the effective date of this amendatory Act of

the 93rd General Assembly, and the organization shall be

considered to be the exclusive representative of the personal

assistants as defined in this Section; or (v) recognized as

the exclusive representative of child and day care home

providers, including licensed and license exempt providers,

pursuant to an election held under Executive Order 2005-1

prior to the effective date of this amendatory Act of the 94th

General Assembly, and the organization shall be considered to

be the exclusive representative of the child and day care home

providers as defined in this Section.

With respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Illinois

Department of State Police, "exclusive representative" means

the labor organization that has been (i) designated by the

Board as the representative of a majority of peace officers or

fire fighters in an appropriate bargaining unit in accordance

with the procedures contained in this Act, (ii) historically

recognized by the State of Illinois or any political

subdivision of the State before January 1, 1986 (the effective

date of this amendatory Act of 1985) as the exclusive

representative by a majority of the peace officers or fire

fighters in an appropriate bargaining unit, or (iii) after

January 1, 1986 (the effective date of this amendatory Act of

1985) recognized by an employer upon evidence, acceptable to

the Board, that the labor organization has been designated as

the exclusive representative by a majority of the peace

officers or fire fighters in an appropriate bargaining unit.

Where a historical pattern of representation exists for

the workers of a water system that was owned by a public

utility, as defined in Section 3-105 of the Public Utilities

Act, prior to becoming certified employees of a municipality

or municipalities once the municipality or municipalities have

acquired the water system as authorized in Section 11-124-5 of

the Illinois Municipal Code, the Board shall find the labor

organization that has historically represented the workers to

be the exclusive representative under this Act, and shall find

the unit represented by the exclusive representative to be the

appropriate unit.

(g) "Fair share agreement" means an agreement between the

employer and an employee organization under which all or any

of the employees in a collective bargaining unit are required

to pay their proportionate share of the costs of the

collective bargaining process, contract administration, and

pursuing matters affecting wages, hours, and other conditions

of employment, but not to exceed the amount of dues uniformly

required of members. The amount certified by the exclusive

representative shall not include any fees for contributions

related to the election or support of any candidate for

political office. Nothing in this subsection (g) shall

preclude an employee from making voluntary political

contributions in conjunction with his or her fair share

payment.

(g-1) "Fire fighter" means, for the purposes of this Act

only, any person who has been or is hereafter appointed to a

fire department or fire protection district or employed by a

state university and sworn or commissioned to perform fire

fighter duties or paramedic duties, including paramedics

employed by a unit of local government, except that the

following persons are not included: part-time fire fighters,

auxiliary, reserve or voluntary fire fighters, including paid

on-call fire fighters, clerks and dispatchers or other

civilian employees of a fire department or fire protection

district who are not routinely expected to perform fire

fighter duties, or elected officials.

(g-2) "General Assembly of the State of Illinois" means

the legislative branch of the government of the State of

Illinois, as provided for under Article IV of the Constitution

of the State of Illinois, and includes but is not limited to

the House of Representatives, the Senate, the Speaker of the

House of Representatives, the Minority Leader of the House of

Representatives, the President of the Senate, the Minority

Leader of the Senate, the Joint Committee on Legislative

Support Services and any legislative support services agency

listed in the Legislative Commission Reorganization Act of

1984.

(h) "Governing body" means, in the case of the State, the

State Panel of the Illinois Labor Relations Board, the

Director of the Department of Central Management Services, and

the Director of the Department of Labor; the county board in

the case of a county; the corporate authorities in the case of

a municipality; and the appropriate body authorized to provide

for expenditures of its funds in the case of any other unit of

government.

(i) "Labor organization" means any organization in which

public employees participate and that exists for the purpose,

in whole or in part, of dealing with a public employer

concerning wages, hours, and other terms and conditions of

employment, including the settlement of grievances.

(i-5) "Legislative liaison" means a person who is an

employee of a State agency, the Attorney General, the

Secretary of State, the Comptroller, or the Treasurer, as the

case may be, and whose job duties require the person to

regularly communicate in the course of his or her employment

with any official or staff of the General Assembly of the State

of Illinois for the purpose of influencing any legislative

action.

(j) "Managerial employee" means an individual who is

engaged predominantly in executive and management functions

and is charged with the responsibility of directing the

effectuation of management policies and practices. With

respect only to State employees in positions under the

jurisdiction of the Attorney General, Secretary of State,

Comptroller, or Treasurer (i) that were certified in a

bargaining unit on or after December 2, 2008, (ii) for which a

petition is filed with the Illinois Public Labor Relations

Board on or after April 5, 2013 (the effective date of Public

Act 97-1172), or (iii) for which a petition is pending before

the Illinois Public Labor Relations Board on that date,

"managerial employee" means an individual who is engaged in

executive and management functions or who is charged with the

effectuation of management policies and practices or who

represents management interests by taking or recommending

discretionary actions that effectively control or implement

policy. Nothing in this definition prohibits an individual

from also meeting the definition of "supervisor" under

subsection (r) of this Section.

(k) "Peace officer" means, for the purposes of this Act

only, any persons who have been or are hereafter appointed to a

police force, department, or agency and sworn or commissioned

to perform police duties, except that the following persons

are not included: part-time police officers, special police

officers, auxiliary police as defined by Section 3.1-30-20 of

the Illinois Municipal Code, night watchmen, "merchant

police", court security officers as defined by Section

3-6012.1 of the Counties Code, temporary employees, traffic

guards or wardens, civilian parking meter and parking

facilities personnel or other individuals specially appointed

to aid or direct traffic at or near schools or public functions

or to aid in civil defense or disaster, parking enforcement

employees who are not commissioned as peace officers and who

are not armed and who are not routinely expected to effect

arrests, parking lot attendants, clerks and dispatchers or

other civilian employees of a police department who are not

routinely expected to effect arrests, or elected officials.

(l) "Person" includes one or more individuals, labor

organizations, public employees, associations, corporations,

legal representatives, trustees, trustees in bankruptcy,

receivers, or the State of Illinois or any political

subdivision of the State or governing body, but does not

include the General Assembly of the State of Illinois or any

individual employed by the General Assembly of the State of

Illinois.

(m) "Professional employee" means any employee engaged in

work predominantly intellectual and varied in character rather

than routine mental, manual, mechanical or physical work;

involving the consistent exercise of discretion and adjustment

in its performance; of such a character that the output

produced or the result accomplished cannot be standardized in

relation to a given period of time; and requiring advanced

knowledge in a field of science or learning customarily

acquired by a prolonged course of specialized intellectual

instruction and study in an institution of higher learning or

a hospital, as distinguished from a general academic education

or from apprenticeship or from training in the performance of

routine mental, manual, or physical processes; or any employee

who has completed the courses of specialized intellectual

instruction and study prescribed in this subsection (m) and is

performing related work under the supervision of a

professional person to qualify to become a professional

employee as defined in this subsection (m).

(n) "Public employee" or "employee", for the purposes of

this Act, means any individual employed by a public employer,

including (i) interns and residents at public hospitals, (ii)

as of the effective date of this amendatory Act of the 93rd

General Assembly, but not before, personal assistants working

under the Home Services Program under Section 3 of the

Rehabilitation of Persons with Disabilities Act, subject to

the limitations set forth in this Act and in the

Rehabilitation of Persons with Disabilities Act, (iii) as of

the effective date of this amendatory Act of the 94th General

Assembly, but not before, child and day care home providers

participating in the child care assistance program under

Section 9A-11 of the Illinois Public Aid Code, subject to the

limitations set forth in this Act and in Section 9A-11 of the

Illinois Public Aid Code, (iv) as of January 29, 2013 (the

effective date of Public Act 97-1158), but not before except

as otherwise provided in this subsection (n), home care and

home health workers who function as personal assistants and

individual maintenance home health workers and who also work

under the Home Services Program under Section 3 of the

Rehabilitation of Persons with Disabilities Act, no matter

whether the State provides those services through direct

fee-for-service arrangements, with the assistance of a managed

care organization or other intermediary, or otherwise, (v)

beginning on the effective date of this amendatory Act of the

98th General Assembly and notwithstanding any other provision

of this Act, any person employed by a public employer and who

is classified as or who holds the employment title of Chief

Stationary Engineer, Assistant Chief Stationary Engineer,

Sewage Plant Operator, Water Plant Operator, Stationary

Engineer, Plant Operating Engineer, and any other employee who

holds the position of: Civil Engineer V, Civil Engineer VI,

Civil Engineer VII, Technical Manager I, Technical Manager II,

Technical Manager III, Technical Manager IV, Technical Manager

V, Technical Manager VI, Realty Specialist III, Realty

Specialist IV, Realty Specialist V, Technical Advisor I,

Technical Advisor II, Technical Advisor III, Technical Advisor

IV, or Technical Advisor V employed by the Department of

Transportation who is in a position which is certified in a

bargaining unit on or before the effective date of this

amendatory Act of the 98th General Assembly, and (vi)

beginning on the effective date of this amendatory Act of the

98th General Assembly and notwithstanding any other provision

of this Act, any mental health administrator in the Department

of Corrections who is classified as or who holds the position

of Public Service Administrator (Option 8K), any employee of

the Office of the Inspector General in the Department of Human

Services who is classified as or who holds the position of

Public Service Administrator (Option 7), any Deputy of

Intelligence in the Department of Corrections who is

classified as or who holds the position of Public Service

Administrator (Option 7), and any employee of the Illinois

Department of State Police who handles issues concerning the

Illinois State Police Sex Offender Registry and who is

classified as or holds the position of Public Service

Administrator (Option 7), but excluding all of the following:

employees of the General Assembly of the State of Illinois;

elected officials; executive heads of a department; members of

boards or commissions; the Executive Inspectors General; any

special Executive Inspectors General; employees of each Office

of an Executive Inspector General; commissioners and employees

of the Executive Ethics Commission; the Auditor General's

Inspector General; employees of the Office of the Auditor

General's Inspector General; the Legislative Inspector

General; any special Legislative Inspectors General; employees

of the Office of the Legislative Inspector General;

commissioners and employees of the Legislative Ethics

Commission; employees of any agency, board or commission

created by this Act; employees appointed to State positions of

a temporary or emergency nature; all employees of school

districts and higher education institutions except

firefighters and peace officers employed by a state university

and except peace officers employed by a school district in its

own police department in existence on the effective date of

this amendatory Act of the 96th General Assembly; managerial

employees; short-term employees; legislative liaisons; a

person who is a State employee under the jurisdiction of the

Office of the Attorney General who is licensed to practice law

or whose position authorizes, either directly or indirectly,

meaningful input into government decision-making on issues

where there is room for principled disagreement on goals or

their implementation; a person who is a State employee under

the jurisdiction of the Office of the Comptroller who holds

the position of Public Service Administrator or whose position

is otherwise exempt under the Comptroller Merit Employment

Code; a person who is a State employee under the jurisdiction

of the Secretary of State who holds the position

classification of Executive I or higher, whose position

authorizes, either directly or indirectly, meaningful input

into government decision-making on issues where there is room

for principled disagreement on goals or their implementation,

or who is otherwise exempt under the Secretary of State Merit

Employment Code; employees in the Office of the Secretary of

State who are completely exempt from jurisdiction B of the

Secretary of State Merit Employment Code and who are in

Rutan-exempt positions on or after April 5, 2013 (the

effective date of Public Act 97-1172); a person who is a State

employee under the jurisdiction of the Treasurer who holds a

position that is exempt from the State Treasurer Employment

Code; any employee of a State agency who (i) holds the title or

position of, or exercises substantially similar duties as a

legislative liaison, Agency General Counsel, Agency Chief of

Staff, Agency Executive Director, Agency Deputy Director,

Agency Chief Fiscal Officer, Agency Human Resources Director,

Public Information Officer, or Chief Information Officer and

(ii) was neither included in a bargaining unit nor subject to

an active petition for certification in a bargaining unit; any

employee of a State agency who (i) is in a position that is

Rutan-exempt, as designated by the employer, and completely

exempt from jurisdiction B of the Personnel Code and (ii) was

neither included in a bargaining unit nor subject to an active

petition for certification in a bargaining unit; any term

appointed employee of a State agency pursuant to Section 8b.18

or 8b.19 of the Personnel Code who was neither included in a

bargaining unit nor subject to an active petition for

certification in a bargaining unit; any employment position

properly designated pursuant to Section 6.1 of this Act;

confidential employees; independent contractors; and

supervisors except as provided in this Act.

Home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Act shall

not be considered public employees for any purposes not

specifically provided for in Public Act 93-204 or Public Act

97-1158, including but not limited to, purposes of vicarious

liability in tort and purposes of statutory retirement or

health insurance benefits. Home care and home health workers

who function as personal assistants and individual maintenance

home health workers and who also work under the Home Services

Program under Section 3 of the Rehabilitation of Persons with

Disabilities Act shall not be covered by the State Employees

Group Insurance Act of 1971 (5 ILCS 375/).

Child and day care home providers shall not be considered

public employees for any purposes not specifically provided

for in this amendatory Act of the 94th General Assembly,

including but not limited to, purposes of vicarious liability

in tort and purposes of statutory retirement or health

insurance benefits. Child and day care home providers shall

not be covered by the State Employees Group Insurance Act of

1971.

Notwithstanding Section 9, subsection (c), or any other

provisions of this Act, all peace officers above the rank of

captain in municipalities with more than 1,000,000 inhabitants

shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public

employer" or "employer" means the State of Illinois; any

political subdivision of the State, unit of local government

or school district; authorities including departments,

divisions, bureaus, boards, commissions, or other agencies of

the foregoing entities; and any person acting within the scope

of his or her authority, express or implied, on behalf of those

entities in dealing with its employees. As of the effective

date of the amendatory Act of the 93rd General Assembly, but

not before, the State of Illinois shall be considered the

employer of the personal assistants working under the Home

Services Program under Section 3 of the Rehabilitation of

Persons with Disabilities Act, subject to the limitations set

forth in this Act and in the Rehabilitation of Persons with

Disabilities Act. As of January 29, 2013 (the effective date

of Public Act 97-1158), but not before except as otherwise

provided in this subsection (o), the State shall be considered

the employer of home care and home health workers who function

as personal assistants and individual maintenance home health

workers and who also work under the Home Services Program

under Section 3 of the Rehabilitation of Persons with

Disabilities Act, no matter whether the State provides those

services through direct fee-for-service arrangements, with the

assistance of a managed care organization or other

intermediary, or otherwise, but subject to the limitations set

forth in this Act and the Rehabilitation of Persons with

Disabilities Act. The State shall not be considered to be the

employer of home care and home health workers who function as

personal assistants and individual maintenance home health

workers and who also work under the Home Services Program

under Section 3 of the Rehabilitation of Persons with

Disabilities Act, for any purposes not specifically provided

for in Public Act 93-204 or Public Act 97-1158, including but

not limited to, purposes of vicarious liability in tort and

purposes of statutory retirement or health insurance benefits.

Home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Act shall

not be covered by the State Employees Group Insurance Act of

1971 (5 ILCS 375/). As of the effective date of this amendatory

Act of the 94th General Assembly but not before, the State of

Illinois shall be considered the employer of the day and child

care home providers participating in the child care assistance

program under Section 9A-11 of the Illinois Public Aid Code,

subject to the limitations set forth in this Act and in Section

9A-11 of the Illinois Public Aid Code. The State shall not be

considered to be the employer of child and day care home

providers for any purposes not specifically provided for in

this amendatory Act of the 94th General Assembly, including

but not limited to, purposes of vicarious liability in tort

and purposes of statutory retirement or health insurance

benefits. Child and day care home providers shall not be

covered by the State Employees Group Insurance Act of 1971.

"Public employer" or "employer" as used in this Act,

however, does not mean and shall not include the General

Assembly of the State of Illinois, the Executive Ethics

Commission, the Offices of the Executive Inspectors General,

the Legislative Ethics Commission, the Office of the

Legislative Inspector General, the Office of the Auditor

General's Inspector General, the Office of the Governor, the

Governor's Office of Management and Budget, the Illinois

Finance Authority, the Office of the Lieutenant Governor, the

State Board of Elections, and educational employers or

employers as defined in the Illinois Educational Labor

Relations Act, except with respect to a state university in

its employment of firefighters and peace officers and except

with respect to a school district in the employment of peace

officers in its own police department in existence on the

effective date of this amendatory Act of the 96th General

Assembly. County boards and county sheriffs shall be

designated as joint or co-employers of county peace officers

appointed under the authority of a county sheriff. Nothing in

this subsection (o) shall be construed to prevent the State

Panel or the Local Panel from determining that employers are

joint or co-employers.

(o-5) With respect to wages, fringe benefits, hours,

holidays, vacations, proficiency examinations, sick leave, and

other conditions of employment, the public employer of public

employees who are court reporters, as defined in the Court

Reporters Act, shall be determined as follows:

(1) For court reporters employed by the Cook County

Judicial Circuit, the chief judge of the Cook County

Circuit Court is the public employer and employer

representative.

(2) For court reporters employed by the 12th, 18th,

19th, and, on and after December 4, 2006, the 22nd

judicial circuits, a group consisting of the chief judges

of those circuits, acting jointly by majority vote, is the

public employer and employer representative.

(3) For court reporters employed by all other judicial

circuits, a group consisting of the chief judges of those

circuits, acting jointly by majority vote, is the public

employer and employer representative.

(p) "Security employee" means an employee who is

responsible for the supervision and control of inmates at

correctional facilities. The term also includes other

non-security employees in bargaining units having the majority

of employees being responsible for the supervision and control

of inmates at correctional facilities.

(q) "Short-term employee" means an employee who is

employed for less than 2 consecutive calendar quarters during

a calendar year and who does not have a reasonable assurance

that he or she will be rehired by the same employer for the

same service in a subsequent calendar year.

(q-5) "State agency" means an agency directly responsible

to the Governor, as defined in Section 3.1 of the Executive

Reorganization Implementation Act, and the Illinois Commerce

Commission, the Illinois Workers' Compensation Commission, the

Civil Service Commission, the Pollution Control Board, the

Illinois Racing Board, and the Illinois Department of State

Police Merit Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially

different from that of his or her subordinates and who has

authority, in the interest of the employer, to hire,

transfer, suspend, lay off, recall, promote, discharge,

direct, reward, or discipline employees, to adjust their

grievances, or to effectively recommend any of those

actions, if the exercise of that authority is not of a

merely routine or clerical nature, but requires the

consistent use of independent judgment. Except with

respect to police employment, the term "supervisor"

includes only those individuals who devote a preponderance

of their employment time to exercising that authority,

State supervisors notwithstanding. Nothing in this

definition prohibits an individual from also meeting the

definition of "managerial employee" under subsection (j)

of this Section. In addition, in determining supervisory

status in police employment, rank shall not be

determinative. The Board shall consider, as evidence of

bargaining unit inclusion or exclusion, the common law

enforcement policies and relationships between police

officer ranks and certification under applicable civil

service law, ordinances, personnel codes, or Division 2.1

of Article 10 of the Illinois Municipal Code, but these

factors shall not be the sole or predominant factors

considered by the Board in determining police supervisory

status.

Notwithstanding the provisions of the preceding

paragraph, in determining supervisory status in fire

fighter employment, no fire fighter shall be excluded as a

supervisor who has established representation rights under

Section 9 of this Act. Further, in new fire fighter units,

employees shall consist of fire fighters of the rank of

company officer and below. If a company officer otherwise

qualifies as a supervisor under the preceding paragraph,

however, he or she shall not be included in the fire

fighter unit. If there is no rank between that of chief and

the highest company officer, the employer may designate a

position on each shift as a Shift Commander, and the

persons occupying those positions shall be supervisors.

All other ranks above that of company officer shall be

supervisors.

(2) With respect only to State employees in positions

under the jurisdiction of the Attorney General, Secretary

of State, Comptroller, or Treasurer (i) that were

certified in a bargaining unit on or after December 2,

2008, (ii) for which a petition is filed with the Illinois

Public Labor Relations Board on or after April 5, 2013

(the effective date of Public Act 97-1172), or (iii) for

which a petition is pending before the Illinois Public

Labor Relations Board on that date, an employee who

qualifies as a supervisor under (A) Section 152 of the

National Labor Relations Act and (B) orders of the

National Labor Relations Board interpreting that provision

or decisions of courts reviewing decisions of the National

Labor Relations Board.

(s)(1) "Unit" means a class of jobs or positions that are

held by employees whose collective interests may suitably be

represented by a labor organization for collective bargaining.

Except with respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Illinois

Department of State Police, a bargaining unit determined by

the Board shall not include both employees and supervisors, or

supervisors only, except as provided in paragraph (2) of this

subsection (s) and except for bargaining units in existence on

July 1, 1984 (the effective date of this Act). With respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Illinois Department of

State Police, a bargaining unit determined by the Board shall

not include both supervisors and nonsupervisors, or

supervisors only, except as provided in paragraph (2) of this

subsection (s) and except for bargaining units in existence on

January 1, 1986 (the effective date of this amendatory Act of

1985). A bargaining unit determined by the Board to contain

peace officers shall contain no employees other than peace

officers unless otherwise agreed to by the employer and the

labor organization or labor organizations involved.

Notwithstanding any other provision of this Act, a bargaining

unit, including a historical bargaining unit, containing sworn

peace officers of the Department of Natural Resources

(formerly designated the Department of Conservation) shall

contain no employees other than such sworn peace officers upon

the effective date of this amendatory Act of 1990 or upon the

expiration date of any collective bargaining agreement in

effect upon the effective date of this amendatory Act of 1990

covering both such sworn peace officers and other employees.

(2) Notwithstanding the exclusion of supervisors from

bargaining units as provided in paragraph (1) of this

subsection (s), a public employer may agree to permit its

supervisory employees to form bargaining units and may bargain

with those units. This Act shall apply if the public employer

chooses to bargain under this subsection.

(3) Public employees who are court reporters, as defined

in the Court Reporters Act, shall be divided into 3 units for

collective bargaining purposes. One unit shall be court

reporters employed by the Cook County Judicial Circuit; one

unit shall be court reporters employed by the 12th, 18th,

19th, and, on and after December 4, 2006, the 22nd judicial

circuits; and one unit shall be court reporters employed by

all other judicial circuits.

(t) "Active petition for certification in a bargaining

unit" means a petition for certification filed with the Board

under one of the following case numbers: S-RC-11-110;

S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;

S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;

S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;

S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;

S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;

S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or

S-RC-07-100.

(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)

(5 ILCS 315/6.1)

Sec. 6.1. Gubernatorial designation of certain public

employment positions as excluded from collective bargaining.

(a) Notwithstanding any provision of this Act to the

contrary, except subsections (e) and (f) of this Section, the

Governor is authorized to designate up to 3,580 State

employment positions collectively within State agencies

directly responsible to the Governor, and, upon designation,

those positions and employees in those positions, if any, are

hereby excluded from the self-organization and collective

bargaining provisions of Section 6 of this Act. Only those

employment positions that have been certified in a bargaining

unit on or after December 2, 2008, that have a pending petition

for certification in a bargaining unit on April 5, 2013 (the

effective date of Public Act 97-1172), or that neither have

been certified in a bargaining unit on or after December 2,

2008 nor have a pending petition for certification in a

bargaining unit on the effective date of this amendatory Act

of the 97th General Assembly are eligible to be designated by

the Governor under this Section. The Governor may not

designate under this Section, however, more than 1,900

employment positions that have been certified in a bargaining

unit on or after December 2, 2008.

(b) In order to properly designate a State employment

position under this Section, the Governor shall provide in

writing to the Board: the job title and job duties of the

employment position; the name of the State employee currently

in the employment position, if any; the name of the State

agency employing the public employee; and the category under

which the position qualifies for designation under this

Section.

To qualify for designation under this Section, the

employment position must meet one or more of the following

requirements:

(1) it must authorize an employee in that position to

act as a legislative liaison;

(2) it must have a title of, or authorize a person who

holds that position to exercise substantially similar

duties as an, Agency General Counsel, Agency Chief of

Staff, Agency Executive Director, Agency Deputy Director,

Agency Chief Fiscal Officer, Agency Human Resources

Director, Senior Public Service Administrator, Public

Information Officer, or Chief Information Officer;

(3) it must be a Rutan-exempt, as designated by the

employer, position and completely exempt from jurisdiction

B of the Personnel Code;

(4) it must be a term appointed position pursuant to

Section 8b.18 or 8b.19 of the Personnel Code; or

(5) it must authorize an employee in that position to

have significant and independent discretionary authority

as an employee.

Within 60 days after the Governor makes a designation

under this Section, the Board shall determine, in a manner

that is consistent with the requirements of due process,

whether the designation comports with the requirements of this

Section.

(c) For the purposes of this Section, a person has

significant and independent discretionary authority as an

employee if he or she (i) is engaged in executive and

management functions of a State agency and charged with the

effectuation of management policies and practices of a State

agency or represents management interests by taking or

recommending discretionary actions that effectively control or

implement the policy of a State agency or (ii) qualifies as a

supervisor of a State agency as that term is defined under

Section 152 of the National Labor Relations Act or any orders

of the National Labor Relations Board interpreting that

provision or decisions of courts reviewing decisions of the

National Labor Relations Board.

(d) The Governor must exercise the authority afforded

under this Section within 365 calendar days after April 5,

2013 (the effective date of Public Act 97-1172). Any

designation made by the Governor under this Section shall be

presumed to have been properly made.

If the Governor chooses not to designate a position under

this Section, then that decision does not preclude a State

agency from otherwise challenging the certification of that

position under this Act.

The qualifying categories set forth in paragraphs (1)

through (5) of subsection (b) of this Section are operative

and function solely within this Section and do not expand or

restrict the scope of any other provision contained in this

Act.

(e) The provisions of this Section do not apply to any

employee who is employed by a public employer and who is

classified as, or holds the employment title of, Chief

Stationary Engineer, Assistant Chief Stationary Engineer,

Sewage Plant Operator, Water Plant Operator, Stationary

Engineer, Plant Operating Engineer, and any employee who holds

the position of: Civil Engineer V, Civil Engineer VI, Civil

Engineer VII, Technical Manager I, Technical Manager II,

Technical Manager III, Technical Manager IV, Technical Manager

V, Technical Manager VI, Realty Specialist III, Realty

Specialist IV, Realty Specialist V, Technical Advisor I,

Technical Advisor II, Technical Advisor III, Technical Advisor

IV, or Technical Advisor V employed by the Department of

Transportation who is in a position which is certified in a

bargaining unit on or before the effective date of this

amendatory Act of the 98th General Assembly.

(f) The provisions of this Section also do not apply to any

mental health administrator in the Department of Corrections

who is classified as or who holds the position of Public

Service Administrator (Option 8K), any employee of the Office

of the Inspector General in the Department of Human Services

who is classified as or who holds the position of Public

Service Administrator (Option 7), any Deputy of Intelligence

in the Department of Corrections who is classified as or who

holds the position of Public Service Administrator (Option 7),

or any employee of the Illinois Department of State Police who

handles issues concerning the Illinois State Police Sex

Offender Registry and who is classified as or holds the

position of Public Service Administrator (Option 7).

(Source: P.A. 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)

(5 ILCS 315/9) (from Ch. 48, par. 1609)

Sec. 9. Elections; recognition.

(a) Whenever in accordance with such regulations as may be

prescribed by the Board a petition has been filed:

(1) by a public employee or group of public employees

or any labor organization acting in their behalf

demonstrating that 30% of the public employees in an

appropriate unit (A) wish to be represented for the

purposes of collective bargaining by a labor organization

as exclusive representative, or (B) asserting that the

labor organization which has been certified or is

currently recognized by the public employer as bargaining

representative is no longer the representative of the

majority of public employees in the unit; or

(2) by a public employer alleging that one or more

labor organizations have presented to it a claim that they

be recognized as the representative of a majority of the

public employees in an appropriate unit,

the Board shall investigate such petition, and if it has

reasonable cause to believe that a question of representation

exists, shall provide for an appropriate hearing upon due

notice. Such hearing shall be held at the offices of the Board

or such other location as the Board deems appropriate. If it

finds upon the record of the hearing that a question of

representation exists, it shall direct an election in

accordance with subsection (d) of this Section, which election

shall be held not later than 120 days after the date the

petition was filed regardless of whether that petition was

filed before or after the effective date of this amendatory

Act of 1987; provided, however, the Board may extend the time

for holding an election by an additional 60 days if, upon

motion by a person who has filed a petition under this Section

or is the subject of a petition filed under this Section and is

a party to such hearing, or upon the Board's own motion, the

Board finds that good cause has been shown for extending the

election date; provided further, that nothing in this Section

shall prohibit the Board, in its discretion, from extending

the time for holding an election for so long as may be

necessary under the circumstances, where the purpose for such

extension is to permit resolution by the Board of an unfair

labor practice charge filed by one of the parties to a

representational proceeding against the other based upon

conduct which may either affect the existence of a question

concerning representation or have a tendency to interfere with

a fair and free election, where the party filing the charge has

not filed a request to proceed with the election; and provided

further that prior to the expiration of the total time

allotted for holding an election, a person who has filed a

petition under this Section or is the subject of a petition

filed under this Section and is a party to such hearing or the

Board, may move for and obtain the entry of an order in the

circuit court of the county in which the majority of the public

employees sought to be represented by such person reside, such

order extending the date upon which the election shall be

held. Such order shall be issued by the circuit court only upon

a judicial finding that there has been a sufficient showing

that there is good cause to extend the election date beyond

such period and shall require the Board to hold the election as

soon as is feasible given the totality of the circumstances.

Such 120 day period may be extended one or more times by the

agreement of all parties to the hearing to a date certain

without the necessity of obtaining a court order. Nothing in

this Section prohibits the waiving of hearings by stipulation

for the purpose of a consent election in conformity with the

rules and regulations of the Board or an election in a unit

agreed upon by the parties. Other interested employee

organizations may intervene in the proceedings in the manner

and within the time period specified by rules and regulations

of the Board. Interested parties who are necessary to the

proceedings may also intervene in the proceedings in the

manner and within the time period specified by the rules and

regulations of the Board.

(a-5) The Board shall designate an exclusive

representative for purposes of collective bargaining when the

representative demonstrates a showing of majority interest by

employees in the unit. If the parties to a dispute are without

agreement on the means to ascertain the choice, if any, of

employee organization as their representative, the Board shall

ascertain the employees' choice of employee organization, on

the basis of dues deduction authorization or other evidence,

or, if necessary, by conducting an election. All evidence

submitted by an employee organization to the Board to

ascertain an employee's choice of an employee organization is

confidential and shall not be submitted to the employer for

review. The Board shall ascertain the employee's choice of

employee organization within 120 days after the filing of the

majority interest petition; however, the Board may extend time

by an additional 60 days, upon its own motion or upon the

motion of a party to the proceeding. If either party provides

to the Board, before the designation of a representative,

clear and convincing evidence that the dues deduction

authorizations, and other evidence upon which the Board would

otherwise rely to ascertain the employees' choice of

representative, are fraudulent or were obtained through

coercion, the Board shall promptly thereafter conduct an

election. The Board shall also investigate and consider a

party's allegations that the dues deduction authorizations and

other evidence submitted in support of a designation of

representative without an election were subsequently changed,

altered, withdrawn, or withheld as a result of employer fraud,

coercion, or any other unfair labor practice by the employer.

If the Board determines that a labor organization would have

had a majority interest but for an employer's fraud, coercion,

or unfair labor practice, it shall designate the labor

organization as an exclusive representative without conducting

an election. If a hearing is necessary to resolve any issues of

representation under this Section, the Board shall conclude

its hearing process and issue a certification of the entire

appropriate unit not later than 120 days after the date the

petition was filed. The 120-day period may be extended one or

more times by the agreement of all parties to a hearing to a

date certain.

(a-6) A labor organization or an employer may file a unit

clarification petition seeking to clarify an existing

bargaining unit. The Board shall conclude its investigation,

including any hearing process deemed necessary, and issue a

certification of clarified unit or dismiss the petition not

later than 120 days after the date the petition was filed. The

120-day period may be extended one or more times by the

agreement of all parties to a hearing to a date certain.

(b) The Board shall decide in each case, in order to assure

public employees the fullest freedom in exercising the rights

guaranteed by this Act, a unit appropriate for the purpose of

collective bargaining, based upon but not limited to such

factors as: historical pattern of recognition; community of

interest including employee skills and functions; degree of

functional integration; interchangeability and contact among

employees; fragmentation of employee groups; common

supervision, wages, hours and other working conditions of the

employees involved; and the desires of the employees. For

purposes of this subsection, fragmentation shall not be the

sole or predominant factor used by the Board in determining an

appropriate bargaining unit. Except with respect to non-State

fire fighters and paramedics employed by fire departments and

fire protection districts, non-State peace officers and peace

officers in the Illinois State Department of State Police, a

single bargaining unit determined by the Board may not include

both supervisors and nonsupervisors, except for bargaining

units in existence on the effective date of this Act. With

respect to non-State fire fighters and paramedics employed by

fire departments and fire protection districts, non-State

peace officers and peace officers in the Illinois State

Department of State Police, a single bargaining unit

determined by the Board may not include both supervisors and

nonsupervisors, except for bargaining units in existence on

the effective date of this amendatory Act of 1985.

In cases involving an historical pattern of recognition,

and in cases where the employer has recognized the union as the

sole and exclusive bargaining agent for a specified existing

unit, the Board shall find the employees in the unit then

represented by the union pursuant to the recognition to be the

appropriate unit.

Notwithstanding the above factors, where the majority of

public employees of a craft so decide, the Board shall

designate such craft as a unit appropriate for the purposes of

collective bargaining.

The Board shall not decide that any unit is appropriate if

such unit includes both professional and nonprofessional

employees, unless a majority of each group votes for inclusion

in such unit.

(c) Nothing in this Act shall interfere with or negate the

current representation rights or patterns and practices of

labor organizations which have historically represented public

employees for the purpose of collective bargaining, including

but not limited to the negotiations of wages, hours and

working conditions, discussions of employees' grievances,

resolution of jurisdictional disputes, or the establishment

and maintenance of prevailing wage rates, unless a majority of

employees so represented express a contrary desire pursuant to

the procedures set forth in this Act.

(d) In instances where the employer does not voluntarily

recognize a labor organization as the exclusive bargaining

representative for a unit of employees, the Board shall

determine the majority representative of the public employees

in an appropriate collective bargaining unit by conducting a

secret ballot election, except as otherwise provided in

subsection (a-5). Within 7 days after the Board issues its

bargaining unit determination and direction of election or the

execution of a stipulation for the purpose of a consent

election, the public employer shall submit to the labor

organization the complete names and addresses of those

employees who are determined by the Board to be eligible to

participate in the election. When the Board has determined

that a labor organization has been fairly and freely chosen by

a majority of employees in an appropriate unit, it shall

certify such organization as the exclusive representative. If

the Board determines that a majority of employees in an

appropriate unit has fairly and freely chosen not to be

represented by a labor organization, it shall so certify. The

Board may also revoke the certification of the public employee

organizations as exclusive bargaining representatives which

have been found by a secret ballot election to be no longer the

majority representative.

(e) The Board shall not conduct an election in any

bargaining unit or any subdivision thereof within which a

valid election has been held in the preceding 12-month period.

The Board shall determine who is eligible to vote in an

election and shall establish rules governing the conduct of

the election or conduct affecting the results of the election.

The Board shall include on a ballot in a representation

election a choice of "no representation". A labor organization

currently representing the bargaining unit of employees shall

be placed on the ballot in any representation election. In any

election where none of the choices on the ballot receives a

majority, a runoff election shall be conducted between the 2

choices receiving the largest number of valid votes cast in

the election. A labor organization which receives a majority

of the votes cast in an election shall be certified by the

Board as exclusive representative of all public employees in

the unit.

(f) A labor organization shall be designated as the

exclusive representative by a public employer, provided that

the labor organization represents a majority of the public

employees in an appropriate unit. Any employee organization

which is designated or selected by the majority of public

employees, in a unit of the public employer having no other

recognized or certified representative, as their

representative for purposes of collective bargaining may

request recognition by the public employer in writing. The

public employer shall post such request for a period of at

least 20 days following its receipt thereof on bulletin boards

or other places used or reserved for employee notices.

(g) Within the 20-day period any other interested employee

organization may petition the Board in the manner specified by

rules and regulations of the Board, provided that such

interested employee organization has been designated by at

least 10% of the employees in an appropriate bargaining unit

which includes all or some of the employees in the unit

recognized by the employer. In such event, the Board shall

proceed with the petition in the same manner as provided by

paragraph (1) of subsection (a) of this Section.

(h) No election shall be directed by the Board in any

bargaining unit where there is in force a valid collective

bargaining agreement. The Board, however, may process an

election petition filed between 90 and 60 days prior to the

expiration of the date of an agreement, and may further

refine, by rule or decision, the implementation of this

provision. Where more than 4 years have elapsed since the

effective date of the agreement, the agreement shall continue

to bar an election, except that the Board may process an

election petition filed between 90 and 60 days prior to the end

of the fifth year of such an agreement, and between 90 and 60

days prior to the end of each successive year of such

agreement.

(i) An order of the Board dismissing a representation

petition, determining and certifying that a labor organization

has been fairly and freely chosen by a majority of employees in

an appropriate bargaining unit, determining and certifying

that a labor organization has not been fairly and freely

chosen by a majority of employees in the bargaining unit or

certifying a labor organization as the exclusive

representative of employees in an appropriate bargaining unit

because of a determination by the Board that the labor

organization is the historical bargaining representative of

employees in the bargaining unit, is a final order. Any person

aggrieved by any such order issued on or after the effective

date of this amendatory Act of 1987 may apply for and obtain

judicial review in accordance with provisions of the

Administrative Review Law, as now or hereafter amended, except

that such review shall be afforded directly in the Appellate

Court for the district in which the aggrieved party resides or

transacts business. Any direct appeal to the Appellate Court

shall be filed within 35 days from the date that a copy of the

decision sought to be reviewed was served upon the party

affected by the decision.

(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)

Section 25. The State Employee Indemnification Act is

amended by changing Section 1 as follows:

(5 ILCS 350/1) (from Ch. 127, par. 1301)

Sec. 1. Definitions. For the purpose of this Act:

(a) The term "State" means the State of Illinois, the

General Assembly, the court, or any State office, department,

division, bureau, board, commission, or committee, the

governing boards of the public institutions of higher

education created by the State, the Illinois National Guard,

the Illinois State Guard, the Comprehensive Health Insurance

Board, any poison control center designated under the Poison

Control System Act that receives State funding, or any other

agency or instrumentality of the State. It does not mean any

local public entity as that term is defined in Section 1-206 of

the Local Governmental and Governmental Employees Tort

Immunity Act or a pension fund.

(b) The term "employee" means: any present or former

elected or appointed officer, trustee or employee of the

State, or of a pension fund; any present or former

commissioner or employee of the Executive Ethics Commission or

of the Legislative Ethics Commission; any present or former

Executive, Legislative, or Auditor General's Inspector

General; any present or former employee of an Office of an

Executive, Legislative, or Auditor General's Inspector

General; any present or former member of the Illinois National

Guard while on active duty; any present or former member of the

Illinois State Guard while on State active duty; individuals

or organizations who contract with the Department of

Corrections, the Department of Juvenile Justice, the

Comprehensive Health Insurance Board, or the Department of

Veterans' Affairs to provide services; individuals or

organizations who contract with the Department of Human

Services (as successor to the Department of Mental Health and

Developmental Disabilities) to provide services including but

not limited to treatment and other services for sexually

violent persons; individuals or organizations who contract

with the Department of Military Affairs for youth programs;

individuals or organizations who contract to perform carnival

and amusement ride safety inspections for the Department of

Labor; individuals who contract with the Office of the State's

Attorneys Appellate Prosecutor to provide legal services, but

only when performing duties within the scope of the Office's

prosecutorial activities; individual representatives of or

designated organizations authorized to represent the Office of

State Long-Term Ombudsman for the Department on Aging;

individual representatives of or organizations designated by

the Department on Aging in the performance of their duties as

adult protective services agencies or regional administrative

agencies under the Adult Protective Services Act; individuals

or organizations appointed as members of a review team or the

Advisory Council under the Adult Protective Services Act;

individuals or organizations who perform volunteer services

for the State where such volunteer relationship is reduced to

writing; individuals who serve on any public entity (whether

created by law or administrative action) described in

paragraph (a) of this Section; individuals or not for profit

organizations who, either as volunteers, where such volunteer

relationship is reduced to writing, or pursuant to contract,

furnish professional advice or consultation to any agency or

instrumentality of the State; individuals who serve as foster

parents for the Department of Children and Family Services

when caring for youth in care as defined in Section 4d of the

Children and Family Services Act; individuals who serve as

members of an independent team of experts under the

Developmental Disability and Mental Health Safety Act (also

known as Brian's Law); and individuals who serve as

arbitrators pursuant to Part 10A of Article II of the Code of

Civil Procedure and the rules of the Supreme Court

implementing Part 10A, each as now or hereafter amended; the

term "employee" does not mean an independent contractor except

as provided in this Section. The term includes an individual

appointed as an inspector by the Director of the Illinois

State Police when performing duties within the scope of the

activities of a Metropolitan Enforcement Group or a law

enforcement organization established under the

Intergovernmental Cooperation Act. An individual who renders

professional advice and consultation to the State through an

organization which qualifies as an "employee" under the Act is

also an employee. The term includes the estate or personal

representative of an employee.

(c) The term "pension fund" means a retirement system or

pension fund created under the Illinois Pension Code.

(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;

101-81, eff. 7-12-19.)

Section 30. The State Services Assurance Act for FY2008 is

amended by changing Section 3-15 as follows:

(5 ILCS 382/3-15)

Sec. 3-15. Staffing standards. On or before July 1, 2008

each named agency shall increase and maintain the number of

bilingual on-board frontline staff over the levels that it

maintained on June 30, 2007 as follows:

(1) The Department of Corrections shall have at least

40 additional bilingual on-board frontline staff.

(2) Mental health and developmental centers operated

by the Department of Human Services shall have at least 20

additional bilingual on-board frontline staff.

(3) Family and Community Resource Centers operated by

the Department of Human Services shall have at least 100

additional bilingual on-board frontline staff.

(4) The Department of Children and Family Services

shall have at least 40 additional bilingual on-board

frontline staff.

(5) The Department of Veterans' Veterans Affairs shall

have at least 5 additional bilingual on-board frontline

staff.

(6) The Environmental Protection Agency shall have at

least 5 additional bilingual on-board frontline staff.

(7) The Department of Employment Security shall have

at least 10 additional bilingual on-board frontline staff.

(8) The Department of Natural Resources shall have at

least 5 additional bilingual on-board frontline staff.

(9) The Department of Public Health shall have at

least 5 additional bilingual on-board frontline staff.

(10) The Illinois Department of State Police shall

have at least 5 additional bilingual on-board frontline

staff.

(11) The Department of Juvenile Justice shall have at

least 25 additional bilingual on-board frontline staff.

(Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)

Section 35. The State Officials and Employees Ethics Act

is amended by changing Sections 5-50 and 50-5 as follows:

(5 ILCS 430/5-50)

Sec. 5-50. Ex parte communications; special government

agents.

(a) This Section applies to ex parte communications made

to any agency listed in subsection (e).

(b) "Ex parte communication" means any written or oral

communication by any person that imparts or requests material

information or makes a material argument regarding potential

action concerning regulatory, quasi-adjudicatory, investment,

or licensing matters pending before or under consideration by

the agency. "Ex parte communication" does not include the

following: (i) statements by a person publicly made in a

public forum; (ii) statements regarding matters of procedure

and practice, such as format, the number of copies required,

the manner of filing, and the status of a matter; and (iii)

statements made by a State employee of the agency to the agency

head or other employees of that agency.

(b-5) An ex parte communication received by an agency,

agency head, or other agency employee from an interested party

or his or her official representative or attorney shall

promptly be memorialized and made a part of the record.

(c) An ex parte communication received by any agency,

agency head, or other agency employee, other than an ex parte

communication described in subsection (b-5), shall immediately

be reported to that agency's ethics officer by the recipient

of the communication and by any other employee of that agency

who responds to the communication. The ethics officer shall

require that the ex parte communication be promptly made a

part of the record. The ethics officer shall promptly file the

ex parte communication with the Executive Ethics Commission,

including all written communications, all written responses to

the communications, and a memorandum prepared by the ethics

officer stating the nature and substance of all oral

communications, the identity and job title of the person to

whom each communication was made, all responses made, the

identity and job title of the person making each response, the

identity of each person from whom the written or oral ex parte

communication was received, the individual or entity

represented by that person, any action the person requested or

recommended, and any other pertinent information. The

disclosure shall also contain the date of any ex parte

communication.

(d) "Interested party" means a person or entity whose

rights, privileges, or interests are the subject of or are

directly affected by a regulatory, quasi-adjudicatory,

investment, or licensing matter.

(e) This Section applies to the following agencies:

Executive Ethics Commission

Illinois Commerce Commission

Educational Labor Relations Board

State Board of Elections

Illinois Gaming Board

Health Facilities and Services Review Board

Illinois Workers' Compensation Commission

Illinois Labor Relations Board

Illinois Liquor Control Commission

Pollution Control Board

Property Tax Appeal Board

Illinois Racing Board

Illinois Purchased Care Review Board

Illinois Department of State Police Merit Board

Motor Vehicle Review Board

Prisoner Review Board

Civil Service Commission

Personnel Review Board for the Treasurer

Merit Commission for the Secretary of State

Merit Commission for the Office of the Comptroller

Court of Claims

Board of Review of the Department of Employment Security

Department of Insurance

Department of Professional Regulation and licensing boards

under the Department

Department of Public Health and licensing boards under the

Department

Office of Banks and Real Estate and licensing boards under

the Office

State Employees Retirement System Board of Trustees

Judges Retirement System Board of Trustees

General Assembly Retirement System Board of Trustees

Illinois Board of Investment

State Universities Retirement System Board of Trustees

Teachers Retirement System Officers Board of Trustees

(f) Any person who fails to (i) report an ex parte

communication to an ethics officer, (ii) make information part

of the record, or (iii) make a filing with the Executive Ethics

Commission as required by this Section or as required by

Section 5-165 of the Illinois Administrative Procedure Act

violates this Act.

(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)

(5 ILCS 430/50-5)

Sec. 50-5. Penalties.

(a) A person is guilty of a Class A misdemeanor if that

person intentionally violates any provision of Section 5-15,

5-30, 5-40, or 5-45 or Article 15.

(a-1) An ethics commission may levy an administrative fine

for a violation of Section 5-45 of this Act of up to 3 times

the total annual compensation that would have been obtained in

violation of Section 5-45.

(b) A person who intentionally violates any provision of

Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business

offense subject to a fine of at least $1,001 and up to $5,000.

(c) A person who intentionally violates any provision of

Article 10 is guilty of a business offense and subject to a

fine of at least $1,001 and up to $5,000.

(d) Any person who intentionally makes a false report

alleging a violation of any provision of this Act to an ethics

commission, an inspector general, the Illinois State Police, a

State's Attorney, the Attorney General, or any other law

enforcement official is guilty of a Class A misdemeanor.

(e) An ethics commission may levy an administrative fine

of up to $5,000 against any person who violates this Act, who

intentionally obstructs or interferes with an investigation

conducted under this Act by an inspector general, or who

intentionally makes a false, frivolous, or bad faith

allegation.

(f) In addition to any other penalty that may apply,

whether criminal or civil, a State employee who intentionally

violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,

5-45, or 5-50, Article 10, Article 15, or Section 20-90 or

25-90 is subject to discipline or discharge by the appropriate

ultimate jurisdictional authority.

(g) Any person who violates Section 5-65 is subject to a

fine of up to $5,000 per offense, and is subject to discipline

or discharge by the appropriate ultimate jurisdictional

authority. Each violation of Section 5-65 is a separate

offense. Any penalty imposed by an ethics commission shall be

separate and distinct from any fines or penalties imposed by a

court of law or a State or federal agency.

(h) Any natural person or lobbying entity who

intentionally violates Section 4.7, paragraph (d) of Section

5, or subsection (a-5) of Section 11 of the Lobbyist

Registration Act is guilty of a business offense and shall be

subject to a fine of up to $5,000. The Executive Ethics

Commission, after the adjudication of a violation of Section

4.7 of the Lobbyist Registration Act for which an

investigation was initiated by the Inspector General appointed

by the Secretary of State under Section 14 of the Secretary of

State Act, is authorized to strike or suspend the registration

under the Lobbyist Registration Act of any person or lobbying

entity for which that person is employed for a period of up to

3 years. In addition to any other fine or penalty which may be

imposed, the Executive Ethics Commission may also levy an

administrative fine of up to $5,000 for a violation specified

under this subsection (h). Any penalty imposed by an ethics

commission shall be separate and distinct from any fines or

penalties imposed by a court of law or by the Secretary of

State under the Lobbyist Registration Act.

(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)

Section 40. The Flag Display Act is amended by changing

Section 10 as follows:

(5 ILCS 465/10)

Sec. 10. Death of resident military member, law

enforcement officer, firefighter, or members of EMS crews.

(a) The Governor shall issue an official notice to fly the

following flags at half-staff upon the death of a resident of

this State killed (i) by hostile fire as a member of the United

States armed forces, (ii) in the line of duty as a law

enforcement officer, (iii) in the line of duty as a

firefighter, (iv) in the line of duty as a member of an

Emergency Medical Services (EMS) crew, or (v) during on duty

training for active military duty: the United States national

flag, the State flag of Illinois, and, in the case of the death

of the member of the United States armed forces, the

appropriate military flag as defined in subsection (b) of

Section 18.6 of the Condominium Property Act. Upon the

Governor's notice, each person or entity required by this Act

to ensure the display of the United States national flag on a

flagstaff shall ensure that the flags described in the notice

are displayed at half-staff on the day designated for the

resident's funeral and the 2 days preceding that day.

(b) The Department of Veterans' Affairs shall notify the

Governor of the death by hostile fire of an Illinois resident

member of the United States armed forces. In lieu of notice

being provided by the Department of Veterans' Affairs, any

other State or Federal entity, agency, or person holding such

information may notify the Governor of the death by hostile

fire of an Illinois resident member of the United States armed

forces. If such notice is provided to the Governor by an

entity, agency, or person other than the Department of

Veterans' Affairs, then the obligation to notify the Governor

of an Illinois resident soldier's death under this subsection

(b) shall be considered fulfilled. The Illinois Department of

State Police shall notify the Governor of the death in the line

of duty of an Illinois resident law enforcement officer. The

Office of the State Fire Marshal shall notify the Governor of

the death in the line of duty of an Illinois resident

firefighter. The Department of Public Health shall notify the

Governor of the death in the line of duty of an Illinois

resident member of an Emergency Medical Services (EMS) crew.

Notice to the Governor shall include at least the resident's

name and Illinois address, the date designated for the

funeral, and the circumstances of the death.

(c) For the purpose of this Section, the United States

armed forces includes: (i) the United States Army, Navy,

Marine Corps, Air Force, and Coast Guard; (ii) any reserve

component of each of the forces listed in item (i); and (iii)

the National Guard.

(d) Nothing in this Section requires the removal or

relocation of any existing flags currently displayed in the

State. This Section does not apply to a State facility if the

requirements of this Section cannot be satisfied without a

physical modification to that facility.

(Source: P.A. 99-372, eff. 1-1-16; 100-33, eff. 1-1-18;

100-201, eff. 8-18-17.)

Section 50. The Seizure and Forfeiture Reporting Act is

amended by changing Sections 10 and 15 as follows:

(5 ILCS 810/10)

Sec. 10. Reporting by law enforcement agency.

(a) Each law enforcement agency that seizes property

subject to reporting under this Act shall report the following

information about property seized or forfeited under State

law:

(1) the name of the law enforcement agency that seized

the property;

(2) the date of the seizure;

(3) the type of property seized, including a building,

vehicle, boat, cash, negotiable security, or firearm,

except reporting is not required for seizures of

contraband including alcohol, gambling devices, drug

paraphernalia, and controlled substances;

(4) a description of the property seized and the

estimated value of the property and if the property is a

conveyance, the description shall include the make, model,

year, and vehicle identification number or serial number;

and

(5) the location where the seizure occurred.

The filing requirement shall be met upon filing Illinois

State Police Notice/Inventory of Seized Property (Form 4-64)

with the State's Attorney's Office in the county where the

forfeiture action is being commenced or with the Attorney

General's Office if the forfeiture action is being commenced

by that office, and the forwarding of Form 4-64 upon approval

of the State's Attorney's Office or the Attorney General's

Office to the Illinois Department of State Police Asset

Forfeiture Section. With regard to seizures for which Form

4-64 is not required to be filed, the filing requirement shall

be met by the filing of an annual summary report with the

Illinois Department of State Police no later than 60 days

after December 31 of that year.

(b) Each law enforcement agency, including a drug task

force or Metropolitan Enforcement Group (MEG) unit, that

receives proceeds from forfeitures subject to reporting under

this Act shall file an annual report with the Illinois

Department of State Police no later than 60 days after

December 31 of that year. The format of the report shall be

developed by the Illinois Department of State Police and shall

be completed by the law enforcement agency. The report shall

include, at a minimum, the amount of funds and other property

distributed to the law enforcement agency by the Illinois

Department of State Police, the amount of funds expended by

the law enforcement agency, and the category of expenditure,

including:

(1) crime, gang, or abuse prevention or intervention

programs;

(2) compensation or services for crime victims;

(3) witness protection, informant fees, and controlled

purchases of contraband;

(4) salaries, overtime, and benefits, as permitted by

law;

(5) operating expenses, including but not limited to,

capital expenditures for vehicles, firearms, equipment,

computers, furniture, office supplies, postage, printing,

membership fees paid to trade associations, and fees for

professional services including auditing, court reporting,

expert witnesses, and attorneys;

(6) travel, meals, entertainment, conferences,

training, and continuing education seminars; and

(7) other expenditures of forfeiture proceeds.

(c) The Illinois Department of State Police shall

establish and maintain on its official website a public

database that includes annual aggregate data for each law

enforcement agency that reports seizures of property under

subsection (a) of this Section, that receives distributions of

forfeiture proceeds subject to reporting under this Act, or

reports expenditures under subsection (b) of this Section.

This aggregate data shall include, for each law enforcement

agency:

(1) the total number of asset seizures reported by

each law enforcement agency during the calendar year;

(2) the monetary value of all currency or its

equivalent seized by the law enforcement agency during the

calendar year;

(3) the number of conveyances seized by the law

enforcement agency during the calendar year, and the

aggregate estimated value;

(4) the aggregate estimated value of all other

property seized by the law enforcement agency during the

calendar year;

(5) the monetary value of distributions by the

Illinois Department of State Police of forfeited currency

or auction proceeds from forfeited property to the law

enforcement agency during the calendar year; and

(6) the total amount of the law enforcement agency's

expenditures of forfeiture proceeds during the calendar

year, categorized as provided under subsection (b) of this

Section.

The database shall not provide names, addresses, phone

numbers, or other personally identifying information of owners

or interest holders, persons, business entities, covert office

locations, or business entities involved in the forfeiture

action and shall not disclose the vehicle identification

number or serial number of any conveyance.

(d) The Illinois Department of State Police shall adopt

rules to administer the asset forfeiture program, including

the categories of authorized expenditures consistent with the

statutory guidelines for each of the included forfeiture

statutes, the use of forfeited funds, other expenditure

requirements, and the reporting of seizure and forfeiture

information. The Illinois State Police Department may adopt

rules necessary to implement this Act through the use of

emergency rulemaking under Section 5-45 of the Illinois

Administrative Procedure Act for a period not to exceed 180

days after the effective date of this Act.

(e) The Illinois Department of State Police shall have

authority and oversight over all law enforcement agencies

receiving forfeited funds from the Illinois State Police

Department. This authority shall include enforcement of rules

and regulations adopted by the Illinois State Police

Department and sanctions for violations of any rules and

regulations, including the withholding of distributions of

forfeiture proceeds from the law enforcement agency in

violation.

(f) Upon application by a law enforcement agency to the

Illinois Department of State Police, the reporting of a

particular asset forfeited under this Section may be delayed

if the asset in question was seized from a person who has

become a confidential informant under the agency's

confidential informant policy, or if the asset was seized as

part of an ongoing investigation. This delayed reporting shall

be granted by the Illinois Department of State Police for a

maximum period of 6 months if the confidential informant is

still providing cooperation to law enforcement or the

investigation is still ongoing, after which the asset shall be

reported as required under this Act.

(g) The Illinois Department of State Police shall, on or

before January 1, 2019, establish and implement the

requirements of this Act. In order to implement the reporting

and public database requirements under this Act, the Illinois

Department of State Police Asset Forfeiture Section requires a

one-time upgrade of its information technology software and

hardware. This one-time upgrade shall be funded by a temporary

allocation of 5% of all forfeited currency and 5% of the

auction proceeds from each forfeited asset, which are to be

distributed after the effective date of this Act. The Illinois

Department of State Police shall transfer these funds at the

time of distribution to a separate fund established by the

Illinois Department of State Police. Moneys deposited in this

fund shall be accounted for and shall be used only to pay for

the actual one-time cost of purchasing and installing the

hardware and software required to comply with this new

reporting and public database requirement. Moneys deposited in

the fund shall not be subject to reappropriation,

reallocation, or redistribution for any other purpose. After

sufficient funds are transferred to the fund to cover the

actual one-time cost of purchasing and installing the hardware

and software required to comply with this new reporting and

public database requirement, no additional funds shall be

transferred to the fund for any purpose. At the completion of

the one-time upgrade of the information technology hardware

and software to comply with this new reporting and public

database requirement, any remaining funds in the fund shall be

returned to the participating agencies under the distribution

requirements of the statutes from which the funds were

transferred, and the fund shall no longer exist.

(h)(1) The Illinois Department of State Police, in

consultation with and subject to the approval of the Chief

Procurement Officer, may procure a single contract or multiple

contracts to implement this Act.

(2) A contract or contracts under this subsection (h) are

not subject to the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

that Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. The

provisions of this paragraph (2), other than this sentence,

are inoperative on and after July 1, 2019.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(5 ILCS 810/15)

Sec. 15. Fund audits.

(a) The Auditor General shall conduct, as a part of its

2-year compliance audit, an audit of the State Asset

Forfeiture Fund for compliance with the requirements of this

Act. The audit shall include, but not be limited to, the

following determinations:

(1) if detailed records of all receipts and

disbursements from the State Asset Forfeiture Fund are

being maintained;

(2) if administrative costs charged to the fund are

adequately documented and are reasonable; and

(3) if the procedures for making disbursements under

the Act are adequate.

(b) The Illinois Department of State Police, and any other

entity or person that may have information relevant to the

audit, shall cooperate fully and promptly with the Office of

the Auditor General in conducting the audit. The Auditor

General shall begin the audit during the next regular 2-year

compliance audit of the Illinois Department of State Police

and distribute the report upon completion under Section 3-14

of the Illinois State Auditing Act.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

Section 55. The Law Enforcement Criminal Sexual Assault

Investigation Act is amended by changing Section 10 as

follows:

(5 ILCS 815/10)

Sec. 10. Investigation of officer-involved criminal

assault; requirements.

(a) Each law enforcement agency shall have a written

policy regarding the investigation of officer-involved

criminal sexual assault that involves a law enforcement

officer employed by that law enforcement agency.

(b) Each officer-involved criminal sexual assault

investigation shall be conducted by at least 2 investigators

or an entity comprised of at least 2 investigators, one of whom

shall be the lead investigator. The investigators shall have

completed a specialized sexual assault and sexual abuse

investigation training program approved by the Illinois Law

Enforcement Training Standards Board or similar training

approved by the Illinois Department of State Police. No

investigator involved in the investigation may be employed by

the law enforcement agency that employs the officer involved

in the officer-involved criminal sexual assault, unless the

investigator is employed by the Illinois Department of State

Police or a municipality with a population over 1,000,000 and

is not assigned to the same division or unit as the officer

involved in the criminal sexual assault.

(c) Upon receipt of an allegation or complaint of an

officer-involved criminal sexual assault, a municipality with

a population over 1,000,000 shall promptly notify an

independent agency, created by ordinance of the municipality,

tasked with investigating incidents of police misconduct.

(Source: P.A. 100-515, eff. 1-1-18.)

Section 60. The Community-Law Enforcement Partnership for

Deflection and Substance Use Disorder Treatment Act is amended

by changing Section 10 as follows:

(5 ILCS 820/10)

Sec. 10. Definitions. In this Act:

"Case management" means those services which will assist

persons in gaining access to needed social, educational,

medical, substance use and mental health treatment, and other

services.

"Community member or organization" means an individual

volunteer, resident, public office, or a not-for-profit

organization, religious institution, charitable organization,

or other public body committed to the improvement of

individual and family mental and physical well-being and the

overall social welfare of the community, and may include

persons with lived experience in recovery from substance use

disorder, either themselves or as family members.

"Deflection program" means a program in which a peace

officer or member of a law enforcement agency facilitates

contact between an individual and a licensed substance use

treatment provider or clinician for assessment and

coordination of treatment planning. This facilitation includes

defined criteria for eligibility and communication protocols

agreed to by the law enforcement agency and the licensed

treatment provider for the purpose of providing substance use

treatment to those persons in lieu of arrest or further

justice system involvement. Deflection programs may include,

but are not limited to, the following types of responses:

(1) a post-overdose deflection response initiated by a

peace officer or law enforcement agency subsequent to

emergency administration of medication to reverse an

overdose, or in cases of severe substance use disorder

with acute risk for overdose;

(2) a self-referral deflection response initiated by

an individual by contacting a peace officer or law

enforcement agency in the acknowledgment of their

substance use or disorder;

(3) an active outreach deflection response initiated

by a peace officer or law enforcement agency as a result of

proactive identification of persons thought likely to have

a substance use disorder;

(4) an officer prevention deflection response

initiated by a peace officer or law enforcement agency in

response to a community call when no criminal charges are

present; and

(5) an officer intervention deflection response when

criminal charges are present but held in abeyance pending

engagement with treatment.

"Law enforcement agency" means a municipal police

department or county sheriff's office of this State, the

Illinois Department of State Police, or other law enforcement

agency whose officers, by statute, are granted and authorized

to exercise powers similar to those conferred upon any peace

officer employed by a law enforcement agency of this State.

"Licensed treatment provider" means an organization

licensed by the Department of Human Services to perform an

activity or service, or a coordinated range of those

activities or services, as the Department of Human Services

may establish by rule, such as the broad range of emergency,

outpatient, intensive outpatient, and residential services and

care, including assessment, diagnosis, case management,

medical, psychiatric, psychological and social services,

medication-assisted treatment, care and counseling, and

recovery support, which may be extended to persons to assess

or treat substance use disorder or to families of those

persons.

"Peace officer" means any peace officer or member of any

duly organized State, county, or municipal peace officer unit,

any police force of another State, or any police force whose

members, by statute, are granted and authorized to exercise

powers similar to those conferred upon any peace officer

employed by a law enforcement agency of this State.

"Substance use disorder" means a pattern of use of alcohol

or other drugs leading to clinical or functional impairment,

in accordance with the definition in the Diagnostic and

Statistical Manual of Mental Disorders (DSM-5), or in any

subsequent editions.

"Treatment" means the broad range of emergency,

outpatient, intensive outpatient, and residential services and

care (including assessment, diagnosis, case management,

medical, psychiatric, psychological and social services,

medication-assisted treatment, care and counseling, and

recovery support) which may be extended to persons who have

substance use disorders, persons with mental illness, or

families of those persons.

(Source: P.A. 100-1025, eff. 1-1-19.)

Section 65. The Gun Trafficking Information Act is amended

by changing Section 10-5 as follows:

(5 ILCS 830/10-5)

Sec. 10-5. Gun trafficking information.

(a) The Illinois Department of State Police shall use all

reasonable efforts in making publicly available, on a regular

and ongoing basis, key information related to firearms used in

the commission of crimes in this State, including, but not

limited to: reports on crimes committed with firearms,

locations where the crimes occurred, the number of persons

killed or injured in the commission of the crimes, the state

where the firearms used originated, the Federal Firearms

Licensee that sold the firearm, and the type of firearms used.

The Illinois State Police Department shall make the

information available on its website, in addition to

electronically filing a report with the Governor and the

General Assembly. The report to the General Assembly shall be

filed with the Clerk of the House of Representatives and the

Secretary of the Senate in electronic form only, in the manner

that the Clerk and the Secretary shall direct.

(b) The Illinois State Police Department shall study, on a

regular and ongoing basis, and compile reports on the number

of Firearm Owner's Identification Card checks to determine

firearms trafficking or straw purchase patterns. The Illinois

State Police Department shall, to the extent not inconsistent

with law, share such reports and underlying data with academic

centers, foundations, and law enforcement agencies studying

firearms trafficking, provided that personally identifying

information is protected. For purposes of this subsection (b),

a Firearm Owner's Identification Card number is not personally

identifying information, provided that no other personal

information of the card holder is attached to the record. The

Illinois State Police Department may create and attach an

alternate unique identifying number to each Firearm Owner's

Identification Card number, instead of releasing the Firearm

Owner's Identification Card number itself.

(c) Each department, office, division, and agency of this

State shall, to the extent not inconsistent with law,

cooperate fully with the Illinois State Police Department and

furnish the Illinois State Police Department with all relevant

information and assistance on a timely basis as is necessary

to accomplish the purpose of this Act. The Illinois Criminal

Justice Information Authority shall submit the information

required in subsection (a) of this Section to the Illinois

Department of State Police, and any other information as the

Illinois State Police Department may request, to assist the

Illinois State Police Department in carrying out its duties

under this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 70. The Keep Illinois Families Together Act is

amended by changing Section 5 as follows:

(5 ILCS 835/5)

Sec. 5. Public safety.

(a) In this Section:

"Law enforcement agency" means an agency in this State

charged with enforcement of State, county, or municipal laws

or with managing custody of detained persons in the State,

including municipal police departments, sheriff's departments,

campus police departments, the Illinois Department of State

Police, and the Department of Juvenile Justice.

"Law enforcement official" means any officer or other

agent of a State or local law enforcement agency authorized to

enforce criminal laws, rules, regulations, or local ordinances

or operate jails, correctional facilities, or juvenile

detention facilities or to maintain custody of individuals in

jails, correctional facilities, or juvenile detention

facilities also including any school resource officer or other

police or security officer assigned to any public school,

including any public pre-school and other early learning

program, public elementary and secondary school, or public

institution of higher education.

(b) On or after the effective date of this Act, no law

enforcement agency or official may enter into or remain in an

agreement with U.S. Immigration and Customs Enforcement under

a federal 287(g) program.

(c) Nothing in this Section shall preclude a law

enforcement official from otherwise executing that official's

duties in ensuring public safety.

(Source: P.A. 101-19, eff. 6-21-19.)

Section 72. The First Responders Suicide Prevention Act is

amended by changing Section 30 as follows:

(5 ILCS 840/30)

Sec. 30. First Responders Suicide Task Force.

(a) The First Responders Suicide Task Force is created to

pursue recommendations to help reduce the risk and rates of

suicide among first responders, along with developing a

mechanism to help reduce the risk and rates of suicide among

first responders. The Task Force shall be composed of the

following members:

(1) the Director of the Illinois State Police or his

or her designee;

(2) the Director of Public Health or his or her

designee;

(3) 2 members of the House of Representatives

appointed by the Speaker of the House of Representatives,

one of whom shall serve as co-chair;

(4) 2 members of the House of Representatives

appointed by the Minority Leader of the House of

Representatives;

(5) 2 members of the Senate appointed by the President

of the Senate, one of whom shall serve as co-chair;

(6) 2 members of the Senate appointed by the Minority

Leader of the Senate;

(7) 2 members who represent 2 different mental health

organizations, one appointed by the Minority Leader of the

House of Representatives and one appointed by the Minority

Leader of the Senate;

(8) one member who represents an organization that

advocates on behalf of police appointed by the Speaker of

the House of Representatives;

(9) one member who represents the Chicago Police

Department appointed by the Minority Leader of the House

of Representatives;

(10) 2 members who represent organizations that

advocate on behalf of firefighters appointed by the

President of the Senate;

(11) one member who represents the Chicago Fire

Department appointed by the Minority Leader of the Senate;

and

(12) one member who represents an organization that

advocates on behalf of sheriffs in the State of Illinois

appointed by the President of the Senate.

(b) Members of the Task Force shall be appointed within 30

days after the effective date of this Act and shall serve

without compensation. The Task Force shall begin meeting no

later than 30 days after all members have been appointed. The

Illinois Department of State Police shall provide

administrative support for the Task Force, and if the subject

matter is either sensitive or classified, the Task Force may

hold its hearings in private.

(c) The Task Force shall issue a final report to the

General Assembly on or December 31, 2020 and, one year after

the filing of its report, is dissolved.

(Source: P.A. 101-375, eff. 8-16-19.)

Section 75. The Executive Reorganization Implementation

Act is amended by changing Section 3.1 as follows:

(15 ILCS 15/3.1)

Sec. 3.1. "Agency directly responsible to the Governor" or

"agency" means any office, officer, division, or part thereof,

and any other office, nonelective officer, department,

division, bureau, board, or commission in the executive branch

of State government, except that it does not apply to any

agency whose primary function is service to the General

Assembly or the Judicial Branch of State government, or to any

agency administered by the Attorney General, Secretary of

State, State Comptroller or State Treasurer. In addition the

term does not apply to the following agencies created by law

with the primary responsibility of exercising regulatory or

adjudicatory functions independently of the Governor:

(1) the State Board of Elections;

(2) the State Board of Education;

(3) the Illinois Commerce Commission;

(4) the Illinois Workers' Compensation Commission;

(5) the Civil Service Commission;

(6) the Fair Employment Practices Commission;

(7) the Pollution Control Board;

(8) the Illinois Department of State Police Merit Board;

(9) the Illinois Racing Board;

(10) the Illinois Power Agency;

(11) the Illinois Law Enforcement Training Standards

Board; and

(12) the Illinois Liquor Control Commission.

(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;

101-81, eff. 7-12-19.)

Section 80. The Secretary of State Act is amended by

changing Sections 13 and 13.5 as follows:

(15 ILCS 305/13) (from Ch. 124, par. 10.3)

Sec. 13. Whenever the Secretary of State is authorized or

required by law to consider some aspect of criminal history

record information for the purpose of carrying out his

statutory powers and responsibilities, then, upon request and

payment of fees in conformance with the requirements of

Section 2605-400 of the Illinois Department of State Police

Law (20 ILCS 2605/2605-400), the Illinois Department of State

Police is authorized to furnish, pursuant to positive

identification, such information contained in State files as

is necessary to fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

(15 ILCS 305/13.5)

Sec. 13.5. Illinois Department of State Police access to

driver's license and identification card photographs. The

Secretary of State shall allow the Illinois Department of

State Police to access the driver's license or Illinois

Identification card photograph, if available, of an applicant

for a firearm concealed carry license under the Firearm

Concealed Carry Act for the purpose of identifying the firearm

concealed carry license applicant and issuing a license to the

applicant.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 85. The Secretary of State Merit Employment Code

is amended by changing Section 10b.1 as follows:

(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)

Sec. 10b.1. Competitive examinations.

(a) For open competitive examinations to test the relative

fitness of applicants for the respective positions. Tests

shall be designed to eliminate those who are not qualified for

entrance into the Office of the Secretary of State and to

discover the relative fitness of those who are qualified. The

Director may use any one of or any combination of the following

examination methods which in his judgment best serves this

end: investigation of education and experience; test of

cultural knowledge; test of capacity; test of knowledge; test

of manual skill; test of linguistic ability; test of

character; test of physical skill; test of psychological

fitness. No person with a record of misdemeanor convictions

except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,

11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,

31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions

(a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6

and 8 of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or arrested for any cause but not

convicted thereon shall be disqualified from taking such

examinations or subsequent appointment unless the person is

attempting to qualify for a position which would give him the

powers of a peace officer, in which case the person's

conviction or arrest record may be considered as a factor in

determining the person's fitness for the position. All

examinations shall be announced publicly at least 2 weeks in

advance of the date of examinations and may be advertised

through the press, radio or other media.

The Director may, at his discretion, accept the results of

competitive examinations conducted by any merit system

established by Federal law or by the law of any State, and may

compile eligible lists therefrom or may add the names of

successful candidates in examinations conducted by those merit

systems to existing eligible lists in accordance with their

respective ratings. No person who is a non-resident of the

State of Illinois may be appointed from those eligible lists,

however, unless the requirement that applicants be residents

of the State of Illinois is waived by the Director of Personnel

and unless there are less than 3 Illinois residents available

for appointment from the appropriate eligible list. The

results of the examinations conducted by other merit systems

may not be used unless they are comparable in difficulty and

comprehensiveness to examinations conducted by the Department

of Personnel for similar positions. Special linguistic options

may also be established where deemed appropriate.

(b) The Director of Personnel may require that each person

seeking employment with the Secretary of State, as part of the

application process, authorize an investigation to determine

if the applicant has ever been convicted of a crime and if so,

the disposition of those convictions; this authorization shall

indicate the scope of the inquiry and the agencies which may be

contacted. Upon this authorization, the Director of Personnel

may request and receive information and assistance from any

federal, state or local governmental agency as part of the

authorized investigation. The investigation shall be

undertaken after the fingerprinting of an applicant in the

form and manner prescribed by the Illinois Department of State

Police. The investigation shall consist of a criminal history

records check performed by the Illinois Department of State

Police and the Federal Bureau of Investigation, or some other

entity that has the ability to check the applicant's

fingerprints against the fingerprint records now and hereafter

filed in the Illinois Department of State Police and Federal

Bureau of Investigation criminal history records databases. If

the Illinois Department of State Police and the Federal Bureau

of Investigation conduct an investigation directly for the

Secretary of State's Office, then the Illinois Department of

State Police shall charge a fee for conducting the criminal

history records check, which shall be deposited in the State

Police Services Fund and shall not exceed the actual cost of

the records check. The Illinois Department of State Police

shall provide information concerning any criminal convictions,

and their disposition, brought against the applicant or

prospective employee of the Secretary of State upon request of

the Department of Personnel when the request is made in the

form and manner required by the Illinois Department of State

Police. The information derived from this investigation,

including the source of this information, and any conclusions

or recommendations derived from this information by the

Director of Personnel shall be provided to the applicant or

prospective employee, or his designee, upon request to the

Director of Personnel prior to any final action by the

Director of Personnel on the application. No information

obtained from such investigation may be placed in any

automated information system. Any criminal convictions and

their disposition information obtained by the Director of

Personnel shall be confidential and may not be transmitted

outside the Office of the Secretary of State, except as

required herein, and may not be transmitted to anyone within

the Office of the Secretary of State except as needed for the

purpose of evaluating the application. The only physical

identity materials which the applicant or prospective employee

can be required to provide the Director of Personnel are

photographs or fingerprints; these shall be returned to the

applicant or prospective employee upon request to the Director

of Personnel, after the investigation has been completed and

no copy of these materials may be kept by the Director of

Personnel or any agency to which such identity materials were

transmitted. Only information and standards which bear a

reasonable and rational relation to the performance of an

employee shall be used by the Director of Personnel. The

Secretary of State shall adopt rules and regulations for the

administration of this Section. Any employee of the Secretary

of State who gives or causes to be given away any confidential

information concerning any criminal convictions and their

disposition of an applicant or prospective employee shall be

guilty of a Class A misdemeanor unless release of such

information is authorized by this Section.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 95. The Civil Administrative Code of Illinois is

amended by changing Sections 1-5, 5-15, 5-20, 5-410, and 5-715

as follows:

(20 ILCS 5/1-5)

Sec. 1-5. Articles. The Civil Administrative Code of

Illinois consists of the following Articles:

Article 1. General Provisions (20 ILCS 5/1-1 and

following).

Article 5. Departments of State Government Law (20 ILCS

5/5-1 and following).

Article 50. State Budget Law (15 ILCS 20/).

Article 110. Department on Aging Law (20 ILCS 110/).

Article 205. Department of Agriculture Law (20 ILCS 205/).

Article 250. State Fair Grounds Title Law (5 ILCS 620/).

Article 310. Department of Human Services (Alcoholism and

Substance Abuse) Law (20 ILCS 310/).

Article 405. Department of Central Management Services Law

(20 ILCS 405/).

Article 510. Department of Children and Family Services

Powers Law (20 ILCS 510/).

Article 605. Department of Commerce and Economic

Opportunity Law (20 ILCS 605/).

Article 805. Department of Natural Resources

(Conservation) Law (20 ILCS 805/).

Article 1005. Department of Employment Security Law (20

ILCS 1005/).

Article 1405. Department of Insurance Law (20 ILCS 1405/).

Article 1505. Department of Labor Law (20 ILCS 1505/).

Article 1710. Department of Human Services (Mental Health

and Developmental Disabilities) Law (20 ILCS 1710/).

Article 1905. Department of Natural Resources (Mines and

Minerals) Law (20 ILCS 1905/).

Article 2105. Department of Professional Regulation Law

(20 ILCS 2105/).

Article 2205. Department of Healthcare and Family Services

Law (20 ILCS 2205/).

Article 2310. Department of Public Health Powers and

Duties Law (20 ILCS 2310/).

Article 2505. Department of Revenue Law (20 ILCS 2505/).

Article 2510. Certified Audit Program Law (20 ILCS 2510/).

Article 2605. Illinois Department of State Police Law (20

ILCS 2605/).

Article 2705. Department of Transportation Law (20 ILCS

2705/).

Article 3000. University of Illinois Exercise of Functions

and Duties Law (110 ILCS 355/).

(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)

(20 ILCS 5/5-15) (was 20 ILCS 5/3)

Sec. 5-15. Departments of State government. The

Departments of State government are created as follows:

The Department on Aging.

The Department of Agriculture.

The Department of Central Management Services.

The Department of Children and Family Services.

The Department of Commerce and Economic Opportunity.

The Department of Corrections.

The Department of Employment Security.

The Illinois Emergency Management Agency.

The Department of Financial and Professional Regulation.

The Department of Healthcare and Family Services.

The Department of Human Rights.

The Department of Human Services.

The Department of Innovation and Technology.

The Department of Insurance.

The Department of Juvenile Justice.

The Department of Labor.

The Department of the Lottery.

The Department of Natural Resources.

The Department of Public Health.

The Department of Revenue.

The Illinois Department of State Police.

The Department of Transportation.

The Department of Veterans' Affairs.

(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)

(20 ILCS 5/5-20) (was 20 ILCS 5/4)

Sec. 5-20. Heads of departments. Each department shall

have an officer as its head who shall be known as director or

secretary and who shall, subject to the provisions of the

Civil Administrative Code of Illinois, execute the powers and

discharge the duties vested by law in his or her respective

department.

The following officers are hereby created:

Director of Aging, for the Department on Aging.

Director of Agriculture, for the Department of

Agriculture.

Director of Central Management Services, for the

Department of Central Management Services.

Director of Children and Family Services, for the

Department of Children and Family Services.

Director of Commerce and Economic Opportunity, for the

Department of Commerce and Economic Opportunity.

Director of Corrections, for the Department of

Corrections.

Director of the Illinois Emergency Management Agency, for

the Illinois Emergency Management Agency.

Director of Employment Security, for the Department of

Employment Security.

Secretary of Financial and Professional Regulation, for

the Department of Financial and Professional Regulation.

Director of Healthcare and Family Services, for the

Department of Healthcare and Family Services.

Director of Human Rights, for the Department of Human

Rights.

Secretary of Human Services, for the Department of Human

Services.

Secretary of Innovation and Technology, for the Department

of Innovation and Technology.

Director of Insurance, for the Department of Insurance.

Director of Juvenile Justice, for the Department of

Juvenile Justice.

Director of Labor, for the Department of Labor.

Director of the Lottery, for the Department of the

Lottery.

Director of Natural Resources, for the Department of

Natural Resources.

Director of Public Health, for the Department of Public

Health.

Director of Revenue, for the Department of Revenue.

Director of the Illinois State Police, for the Illinois

Department of State Police.

Secretary of Transportation, for the Department of

Transportation.

Director of Veterans' Affairs, for the Department of

Veterans' Affairs.

(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)

(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)

Sec. 5-410. In the Illinois Department of State Police.

For terms ending before December 31, 2019, the Director of the

Illinois State Police shall receive an annual salary as set by

the Compensation Review Board.

For terms ending before December 31, 2019, the Assistant

Director of State Police shall receive an annual salary as set

by the Compensation Review Board.

(Source: P.A. 100-1179, eff. 1-18-19.)

(20 ILCS 5/5-715)

Sec. 5-715. Expedited licensure for service members and

spouses.

(a) In this Section, "service member" means any person

who, at the time of application under this Section, is an

active duty member of the United States Armed Forces or any

reserve component of the United States Armed Forces, the Coast

Guard, or the National Guard of any state, commonwealth, or

territory of the United States or the District of Columbia or

whose active duty service concluded within the preceding 2

years before application.

(a-5) The Department of Financial and Professional

Regulation shall within 180 days after the effective date of

this amendatory Act of the 101st General Assembly designate

one staff member as the military liaison within the Department

of Financial and Professional Regulation to ensure proper

enactment of the requirements of this Section. The military

liaison's responsibilities shall also include, but are not

limited to: (1) the management of all expedited applications

to ensure processing within 60 days after receipt of a

completed application; (2) coordination with all military

installation military and family support center directors

within this State, including virtual, phone, or in-person

periodic meetings with each military installation military and

family support center; and (3) training by the military

liaison to all directors of each division that issues an

occupational or professional license to ensure proper

application of this Section. Beginning in 2020, and at the end

of each calendar year thereafter, the military liaison shall

provide an annual report documenting the expedited licensure

program for service members and spouses, and shall deliver

that report to the Secretary of Financial and Professional

Regulation and the Lieutenant Governor.

(b) Each director of a department that issues an

occupational or professional license is authorized to and

shall issue an expedited license to a service member who meets

the requirements under this Section. Review and determination

of an application for a license issued by the department shall

be expedited by the department within 60 days after the date on

which the applicant provides the department with all necessary

documentation required for licensure. An expedited license

shall be issued by the department to any service members

meeting the application requirements of this Section,

regardless of whether the service member currently resides in

this State. The service member shall apply to the department

on forms provided by the department. An application must

include proof that:

(1) the applicant is a service member;

(2) the applicant holds a valid license in good

standing for the occupation or profession issued by

another state, commonwealth, possession, or territory of

the United States, the District of Columbia, or any

foreign jurisdiction and the requirements for licensure in

the other jurisdiction are determined by the department to

be substantially equivalent to the standards for licensure

of this State;

(3) the applicant is assigned to a duty station in

this State, has established legal residence in this State,

or will reside in this State within 6 months after the date

of application;

(4) a complete set of the applicant's fingerprints has

been submitted to the Illinois Department of State Police

for statewide and national criminal history checks, if

applicable to the requirements of the department issuing

the license; the applicant shall pay the fee to the

Illinois Department of State Police or to the fingerprint

vendor for electronic fingerprint processing; no temporary

occupational or professional license shall be issued to an

applicant if the statewide or national criminal history

check discloses information that would cause the denial of

an application for licensure under any applicable

occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure

pursuant to Section 2105-165 of the Civil Administrative

Code of Illinois;

(6) the applicant has submitted an application for

full licensure; and

(7) the applicant has paid the required fee; fees

shall not be refundable.

(c) Each director of a department that issues an

occupational or professional license is authorized to and

shall issue an expedited license to the spouse of a service

member who meets the requirements under this Section. Review

and determination of an application for a license shall be

expedited by the department within 60 days after the date on

which the applicant provides the department with all necessary

documentation required for licensure. An expedited license

shall be issued by the department to any spouse of a service

member meeting the application requirements of this Section,

regardless of whether the spouse or the service member

currently reside in this State. The spouse of a service member

shall apply to the department on forms provided by the

department. An application must include proof that:

(1) the applicant is the spouse of a service member;

(2) the applicant holds a valid license in good

standing for the occupation or profession issued by

another state, commonwealth, possession, or territory of

the United States, the District of Columbia, or any

foreign jurisdiction and the requirements for licensure in

the other jurisdiction are determined by the department to

be substantially equivalent to the standards for licensure

of this State;

(3) the applicant's spouse is assigned to a duty

station in this State, has established legal residence in

this State, or will reside in this State within 6 months

after the date of application;

(4) a complete set of the applicant's fingerprints has

been submitted to the Illinois Department of State Police

for statewide and national criminal history checks, if

applicable to the requirements of the department issuing

the license; the applicant shall pay the fee to the

Illinois Department of State Police or to the fingerprint

vendor for electronic fingerprint processing; no temporary

occupational or professional license shall be issued to an

applicant if the statewide or national criminal history

check discloses information that would cause the denial of

an application for licensure under any applicable

occupational or professional licensing Act;

(5) the applicant is not ineligible for licensure

pursuant to Section 2105-165 of the Civil Administrative

Code of Illinois;

(6) the applicant has submitted an application for

full licensure; and

(7) the applicant has paid the required fee; fees

shall not be refundable.

(c-5) If a service member or his or her spouse relocates

from this State, he or she shall be provided an opportunity to

place his or her license in inactive status through

coordination with the military liaison. If the service member

or his or her spouse returns to this State, he or she may

reactivate the license in accordance with the statutory

provisions regulating the profession and any applicable

administrative rules. The license reactivation shall be

expedited and completed within 30 days after receipt of a

completed application to reactivate the license. A license

reactivation is only applicable when the valid license for

which the first issuance of a license was predicated is still

valid and in good standing. An application to reactivate a

license must include proof that the applicant still holds a

valid license in good standing for the occupation or

profession issued in another State, commonwealth, possession,

or territory of the United States, the District of Columbia,

or any foreign jurisdiction.

(d) All relevant experience of a service member or his or

her spouse in the discharge of official duties, including

full-time and part-time experience, shall be credited in the

calculation of any years of practice in an occupation or

profession as may be required under any applicable

occupational or professional licensing Act. All relevant

training provided by the military and completed by a service

member shall be credited to that service member as meeting any

training or education requirement under any applicable

occupational or professional licensing Act, provided that the

training or education is determined by the department to be

substantially equivalent to that required under any applicable

Act and is not otherwise contrary to any other licensure

requirement.

(e) A department may adopt any rules necessary for the

implementation and administration of this Section and shall by

rule provide for fees for the administration of this Section.

(Source: P.A. 101-240, eff. 1-1-20.)

(20 ILCS 5/5-180 rep.)

Section 100. The Civil Administrative Code of Illinois is

amended by repealing Section 5-180.

Section 105. The Department of Agriculture Law of the

Civil Administrative Code of Illinois is amended by changing

Section 205-425 as follows:

(20 ILCS 205/205-425) (was 20 ILCS 205/40.37)

Sec. 205-425. Criminal history record information from

Illinois Department of State Police. Whenever the Department

is authorized or required by law to consider some aspect of

criminal history record information for the purpose of

carrying out its statutory powers and responsibilities, then,

upon request and payment of fees in conformance with the

requirements of Section 2605-400 of the Illinois Department of

State Police Law (20 ILCS 2605/2605-400), the Illinois

Department of State Police is authorized to furnish, pursuant

to positive identification, the information contained in State

files that is necessary to fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 110. The Substance Use Disorder Act is amended by

changing Sections 5-10, 10-15, and 45-55 as follows:

(20 ILCS 301/5-10)

Sec. 5-10. Functions of the Department.

(a) In addition to the powers, duties and functions vested

in the Department by this Act, or by other laws of this State,

the Department shall carry out the following activities:

(1) Design, coordinate and fund comprehensive

community-based and culturally and gender-appropriate

services throughout the State. These services must include

prevention, early intervention, treatment, and other

recovery support services for substance use disorders that

are accessible and addresses the needs of at-risk

individuals and their families.

(2) Act as the exclusive State agency to accept,

receive and expend, pursuant to appropriation, any public

or private monies, grants or services, including those

received from the federal government or from other State

agencies, for the purpose of providing prevention, early

intervention, treatment, and other recovery support

services for substance use disorders.

(2.5) In partnership with the Department of Healthcare

and Family Services, act as one of the principal State

agencies for the sole purpose of calculating the

maintenance of effort requirement under Section 1930 of

Title XIX, Part B, Subpart II of the Public Health Service

Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR

96.134).

(3) Coordinate a statewide strategy for the

prevention, early intervention, treatment, and recovery

support of substance use disorders. This strategy shall

include the development of a comprehensive plan, submitted

annually with the application for federal substance use

disorder block grant funding, for the provision of an

array of such services. The plan shall be based on local

community-based needs and upon data including, but not

limited to, that which defines the prevalence of and costs

associated with substance use disorders. This

comprehensive plan shall include identification of

problems, needs, priorities, services and other pertinent

information, including the needs of minorities and other

specific priority populations in the State, and shall

describe how the identified problems and needs will be

addressed. For purposes of this paragraph, the term

"minorities and other specific priority populations" may

include, but shall not be limited to, groups such as

women, children, intravenous drug users, persons with AIDS

or who are HIV infected, veterans, African-Americans,

Puerto Ricans, Hispanics, Asian Americans, the elderly,

persons in the criminal justice system, persons who are

clients of services provided by other State agencies,

persons with disabilities and such other specific

populations as the Department may from time to time

identify. In developing the plan, the Department shall

seek input from providers, parent groups, associations and

interested citizens.

The plan developed under this Section shall include an

explanation of the rationale to be used in ensuring that

funding shall be based upon local community needs,

including, but not limited to, the incidence and

prevalence of, and costs associated with, substance use

disorders, as well as upon demonstrated program

performance.

The plan developed under this Section shall also

contain a report detailing the activities of and progress

made through services for the care and treatment of

substance use disorders among pregnant women and mothers

and their children established under subsection (j) of

Section 35-5.

As applicable, the plan developed under this Section

shall also include information about funding by other

State agencies for prevention, early intervention,

treatment, and other recovery support services.

(4) Lead, foster and develop cooperation, coordination

and agreements among federal and State governmental

agencies and local providers that provide assistance,

services, funding or other functions, peripheral or

direct, in the prevention, early intervention, treatment,

and recovery support for substance use disorders. This

shall include, but shall not be limited to, the following:

(A) Cooperate with and assist other State

agencies, as applicable, in establishing and

conducting substance use disorder services among the

populations they respectively serve.

(B) Cooperate with and assist the Illinois

Department of Public Health in the establishment,

funding and support of programs and services for the

promotion of maternal and child health and the

prevention and treatment of infectious diseases,

including but not limited to HIV infection, especially

with respect to those persons who are high risk due to

intravenous injection of illegal drugs, or who may

have been sexual partners of these individuals, or who

may have impaired immune systems as a result of a

substance use disorder.

(C) Supply to the Department of Public Health and

prenatal care providers a list of all providers who

are licensed to provide substance use disorder

treatment for pregnant women in this State.

(D) Assist in the placement of child abuse or

neglect perpetrators (identified by the Illinois

Department of Children and Family Services (DCFS)) who

have been determined to be in need of substance use

disorder treatment pursuant to Section 8.2 of the

Abused and Neglected Child Reporting Act.

(E) Cooperate with and assist DCFS in carrying out

its mandates to:

(i) identify substance use disorders among its

clients and their families; and

(ii) develop services to deal with such

disorders.

These services may include, but shall not be limited

to, programs to prevent or treat substance use

disorders with DCFS clients and their families,

identifying child care needs within such treatment,

and assistance with other issues as required.

(F) Cooperate with and assist the Illinois

Criminal Justice Information Authority with respect to

statistical and other information concerning the

incidence and prevalence of substance use disorders.

(G) Cooperate with and assist the State

Superintendent of Education, boards of education,

schools, police departments, the Illinois Department

of State Police, courts and other public and private

agencies and individuals in establishing prevention

programs statewide and preparing curriculum materials

for use at all levels of education.

(H) Cooperate with and assist the Illinois

Department of Healthcare and Family Services in the

development and provision of services offered to

recipients of public assistance for the treatment and

prevention of substance use disorders.

(I) (Blank).

(5) From monies appropriated to the Department from

the Drunk and Drugged Driving Prevention Fund, reimburse

DUI evaluation and risk education programs licensed by the

Department for providing indigent persons with free or

reduced-cost evaluation and risk education services

relating to a charge of driving under the influence of

alcohol or other drugs.

(6) Promulgate regulations to identify and disseminate

best practice guidelines that can be utilized by publicly

and privately funded programs as well as for levels of

payment to government funded programs that provide

prevention, early intervention, treatment, and other

recovery support services for substance use disorders and

those services referenced in Sections 15-10 and 40-5.

(7) In consultation with providers and related trade

associations, specify a uniform methodology for use by

funded providers and the Department for billing and

collection and dissemination of statistical information

regarding services related to substance use disorders.

(8) Receive data and assistance from federal, State

and local governmental agencies, and obtain copies of

identification and arrest data from all federal, State and

local law enforcement agencies for use in carrying out the

purposes and functions of the Department.

(9) Designate and license providers to conduct

screening, assessment, referral and tracking of clients

identified by the criminal justice system as having

indications of substance use disorders and being eligible

to make an election for treatment under Section 40-5 of

this Act, and assist in the placement of individuals who

are under court order to participate in treatment.

(10) Identify and disseminate evidence-based best

practice guidelines as maintained in administrative rule

that can be utilized to determine a substance use disorder

diagnosis.

(11) (Blank).

(12) Make grants with funds appropriated from the Drug

Treatment Fund in accordance with Section 7 of the

Controlled Substance and Cannabis Nuisance Act, or in

accordance with Section 80 of the Methamphetamine Control

and Community Protection Act, or in accordance with

subsections (h) and (i) of Section 411.2 of the Illinois

Controlled Substances Act, or in accordance with Section

6z-107 of the State Finance Act.

(13) Encourage all health and disability insurance

programs to include substance use disorder treatment as a

covered service and to use evidence-based best practice

criteria as maintained in administrative rule and as

required in Public Act 99-0480 in determining the

necessity for such services and continued stay.

(14) Award grants and enter into fixed-rate and

fee-for-service arrangements with any other department,

authority or commission of this State, or any other state

or the federal government or with any public or private

agency, including the disbursement of funds and furnishing

of staff, to effectuate the purposes of this Act.

(15) Conduct a public information campaign to inform

the State's Hispanic residents regarding the prevention

and treatment of substance use disorders.

(b) In addition to the powers, duties and functions vested

in it by this Act, or by other laws of this State, the

Department may undertake, but shall not be limited to, the

following activities:

(1) Require all organizations licensed or funded by

the Department to include an education component to inform

participants regarding the causes and means of

transmission and methods of reducing the risk of acquiring

or transmitting HIV infection and other infectious

diseases, and to include funding for such education

component in its support of the program.

(2) Review all State agency applications for federal

funds that include provisions relating to the prevention,

early intervention and treatment of substance use

disorders in order to ensure consistency.

(3) Prepare, publish, evaluate, disseminate and serve

as a central repository for educational materials dealing

with the nature and effects of substance use disorders.

Such materials may deal with the educational needs of the

citizens of Illinois, and may include at least pamphlets

that describe the causes and effects of fetal alcohol

spectrum disorders.

(4) Develop and coordinate, with regional and local

agencies, education and training programs for persons

engaged in providing services for persons with substance

use disorders, which programs may include specific HIV

education and training for program personnel.

(5) Cooperate with and assist in the development of

education, prevention, early intervention, and treatment

programs for employees of State and local governments and

businesses in the State.

(6) Utilize the support and assistance of interested

persons in the community, including recovering persons, to

assist individuals and communities in understanding the

dynamics of substance use disorders, and to encourage

individuals with substance use disorders to voluntarily

undergo treatment.

(7) Promote, conduct, assist or sponsor basic

clinical, epidemiological and statistical research into

substance use disorders and research into the prevention

of those problems either solely or in conjunction with any

public or private agency.

(8) Cooperate with public and private agencies,

organizations and individuals in the development of

programs, and to provide technical assistance and

consultation services for this purpose.

(9) (Blank).

(10) (Blank).

(11) Fund, promote, or assist entities dealing with

substance use disorders.

(12) With monies appropriated from the Group Home Loan

Revolving Fund, make loans, directly or through

subcontract, to assist in underwriting the costs of

housing in which individuals recovering from substance use

disorders may reside, pursuant to Section 50-40 of this

Act.

(13) Promulgate such regulations as may be necessary

to carry out the purposes and enforce the provisions of

this Act.

(14) Provide funding to help parents be effective in

preventing substance use disorders by building an

awareness of the family's role in preventing substance use

disorders through adjusting expectations, developing new

skills, and setting positive family goals. The programs

shall include, but not be limited to, the following

subjects: healthy family communication; establishing rules

and limits; how to reduce family conflict; how to build

self-esteem, competency, and responsibility in children;

how to improve motivation and achievement; effective

discipline; problem solving techniques; and how to talk

about drugs and alcohol. The programs shall be open to all

parents.

(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;

101-10, eff. 6-5-19.)

(20 ILCS 301/10-15)

Sec. 10-15. Qualification and appointment of members. The

membership of the Illinois Advisory Council may, as needed,

consist of:

(a) A State's Attorney designated by the President of

the Illinois State's Attorneys Association.

(b) A judge designated by the Chief Justice of the

Illinois Supreme Court.

(c) A Public Defender appointed by the President of

the Illinois Public Defender Association.

(d) A local law enforcement officer appointed by the

Governor.

(e) A labor representative appointed by the Governor.

(f) An educator appointed by the Governor.

(g) A physician licensed to practice medicine in all

its branches appointed by the Governor with due regard for

the appointee's knowledge of the field of substance use

disorders.

(h) 4 members of the Illinois House of

Representatives, 2 each appointed by the Speaker and

Minority Leader.

(i) 4 members of the Illinois Senate, 2 each appointed

by the President and Minority Leader.

(j) The Chief Executive Officer of the Illinois

Association for Behavioral Health or his or her designee.

(k) An advocate for the needs of youth appointed by

the Governor.

(l) The President of the Illinois State Medical

Society or his or her designee.

(m) The President of the Illinois Hospital Association

or his or her designee.

(n) The President of the Illinois Nurses Association

or a registered nurse designated by the President.

(o) The President of the Illinois Pharmacists

Association or a licensed pharmacist designated by the

President.

(p) The President of the Illinois Chapter of the

Association of Labor-Management Administrators and

Consultants on Alcoholism.

(p-1) The Chief Executive Officer of the Community

Behavioral Healthcare Association of Illinois or his or

her designee.

(q) The Attorney General or his or her designee.

(r) The State Comptroller or his or her designee.

(s) 20 public members, 8 appointed by the Governor, 3

of whom shall be representatives of substance use disorder

treatment programs and one of whom shall be a

representative of a manufacturer or importing distributor

of alcoholic liquor licensed by the State of Illinois, and

3 public members appointed by each of the President and

Minority Leader of the Senate and the Speaker and Minority

Leader of the House.

(t) The Director, Secretary, or other chief

administrative officer, ex officio, or his or her

designee, of each of the following: the Department on

Aging, the Department of Children and Family Services, the

Department of Corrections, the Department of Juvenile

Justice, the Department of Healthcare and Family Services,

the Department of Revenue, the Department of Public

Health, the Department of Financial and Professional

Regulation, the Illinois Department of State Police, the

Administrative Office of the Illinois Courts, the Criminal

Justice Information Authority, and the Department of

Transportation.

(u) Each of the following, ex officio, or his or her

designee: the Secretary of State, the State Superintendent

of Education, and the Chairman of the Board of Higher

Education.

The public members may not be officers or employees of the

executive branch of State government; however, the public

members may be officers or employees of a State college or

university or of any law enforcement agency. In appointing

members, due consideration shall be given to the experience of

appointees in the fields of medicine, law, prevention,

correctional activities, and social welfare. Vacancies in the

public membership shall be filled for the unexpired term by

appointment in like manner as for original appointments, and

the appointive members shall serve until their successors are

appointed and have qualified. Vacancies among the public

members appointed by the legislative leaders shall be filled

by the leader of the same house and of the same political party

as the leader who originally appointed the member.

Each non-appointive member may designate a representative

to serve in his place by written notice to the Department. All

General Assembly members shall serve until their respective

successors are appointed or until termination of their

legislative service, whichever occurs first. The terms of

office for each of the members appointed by the Governor shall

be for 3 years, except that of the members first appointed, 3

shall be appointed for a term of one year, and 4 shall be

appointed for a term of 2 years. The terms of office of each of

the public members appointed by the legislative leaders shall

be for 2 years.

(Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19.)

(20 ILCS 301/45-55)

Sec. 45-55. Powers and duties of designated agents.

(a) It is hereby made the sole and exclusive duty of the

Department, and its designated agents, officers and

investigators, to investigate all violations of this Act, and

to cooperate with all agencies charged with enforcement of the

laws of the United States, or any state, concerning matters

pertaining to this Act. Nothing in this Act shall bar a grand

jury from conducting an investigation of any alleged violation

of this Act. Any agent, officer, investigator or peace officer

designated by the Department may:

(1) execute and serve administrative inspection

warrants and subpoenas under the authority of this State.

(2) make seizures of property pursuant to the

provisions of this Act.

(3) perform such other duties as the Department may

designate.

The Secretary may appoint such investigators as is deemed

necessary to carry out the provisions of this Act. It shall be

the duty of such investigators to investigate and report

violations of the provisions of this Act. With respect to the

enforcement of the provisions of this Act, such investigators

shall have the authority to serve subpoenas, summonses and

administrative inspection warrants. They shall be conservators

of the peace and, as such, they shall have and may exercise

during the course of an inspection or investigation all the

powers possessed by policemen in the cities and sheriffs in

the counties of this State, except that they may exercise such

powers anywhere in the State.

(b) The Department or its designated agents, either before

or after the issuance of a license, may request and shall

receive the cooperation of the Illinois Department of State

Police, county and multiple county health departments, or

municipal boards of health to make investigations to determine

if the applicant or licensee is complying with minimum

standards prescribed by the Department.

(Source: P.A. 88-80; 89-507, eff. 7-1-97.)

Section 115. The Department of Central Management Services

Law of the Civil Administrative Code of Illinois is amended by

changing Section 405-320 as follows:

(20 ILCS 405/405-320) (was 20 ILCS 405/67.25)

Sec. 405-320. Multi-use State facility at Collinsville;

State Police district headquarters at Sterling.

(a) To enter into an agreement with a private individual,

trust, partnership, or corporation or a municipality or other

unit of local government whereby that individual, trust,

partnership, or corporation or municipality or other unit of

local government will construct a structure in the vicinity of

Collinsville, Illinois for the purposes of its serving as a

multi-use State facility and then lease that structure to the

Department for the use of the Department of Transportation and

other State agencies.

(b) To enter into an agreement with a municipality or

other unit of local government whereby the municipality or

other unit of local government will construct a structure in

the vicinity of Sterling, Illinois for the purposes of its

serving as an Illinois a Department of State Police district

headquarters and then lease the structure to the Department

for the use of the Illinois State Police. The Director is

further authorized to convey the existing Illinois State

Police headquarters at Sterling to the City of Sterling,

Illinois, a municipal corporation, at a value established by

the average of 3 appraisals in exchange for a deduction of

equal value against any amounts due the municipality under the

State's contract to acquire an Illinois a State Police district

headquarters at Sterling.

(c) A lease entered into pursuant to the authority granted

in this Section shall be for a term not to exceed 30 years but

may grant to the State the option to purchase the structure

outright.

(d) The lease shall be approved by the heads of the

agencies occupying the facility and shall be and shall recite

that it is subject to termination and cancellation in any year

for which the General Assembly fails to make an appropriation

to pay the rent payable under the terms of the lease.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 120. The Personnel Code is amended by changing

Sections 4c, 8c, and 10 as follows:

(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)

Sec. 4c. General exemptions. The following positions in

State service shall be exempt from jurisdictions A, B, and C,

unless the jurisdictions shall be extended as provided in this

Act:

(1) All officers elected by the people.

(2) All positions under the Lieutenant Governor,

Secretary of State, State Treasurer, State Comptroller,

State Board of Education, Clerk of the Supreme Court,

Attorney General, and State Board of Elections.

(3) Judges, and officers and employees of the courts,

and notaries public.

(4) All officers and employees of the Illinois General

Assembly, all employees of legislative commissions, all

officers and employees of the Illinois Legislative

Reference Bureau and the Legislative Printing Unit.

(5) All positions in the Illinois National Guard and

Illinois State Guard, paid from federal funds or positions

in the State Military Service filled by enlistment and

paid from State funds.

(6) All employees of the Governor at the executive

mansion and on his immediate personal staff.

(7) Directors of Departments, the Adjutant General,

the Assistant Adjutant General, the Director of the

Illinois Emergency Management Agency, members of boards

and commissions, and all other positions appointed by the

Governor by and with the consent of the Senate.

(8) The presidents, other principal administrative

officers, and teaching, research and extension faculties

of Chicago State University, Eastern Illinois University,

Governors State University, Illinois State University,

Northeastern Illinois University, Northern Illinois

University, Western Illinois University, the Illinois

Community College Board, Southern Illinois University,

Illinois Board of Higher Education, University of

Illinois, State Universities Civil Service System,

University Retirement System of Illinois, and the

administrative officers and scientific and technical staff

of the Illinois State Museum.

(9) All other employees except the presidents, other

principal administrative officers, and teaching, research

and extension faculties of the universities under the

jurisdiction of the Board of Regents and the colleges and

universities under the jurisdiction of the Board of

Governors of State Colleges and Universities, Illinois

Community College Board, Southern Illinois University,

Illinois Board of Higher Education, Board of Governors of

State Colleges and Universities, the Board of Regents,

University of Illinois, State Universities Civil Service

System, University Retirement System of Illinois, so long

as these are subject to the provisions of the State

Universities Civil Service Act.

(10) The Illinois State Police so long as they are

subject to the merit provisions of the Illinois State

Police Act.

(11) (Blank).

(12) The technical and engineering staffs of the

Department of Transportation, the Department of Nuclear

Safety, the Pollution Control Board, and the Illinois

Commerce Commission, and the technical and engineering

staff providing architectural and engineering services in

the Department of Central Management Services.

(13) All employees of the Illinois State Toll Highway

Authority.

(14) The Secretary of the Illinois Workers'

Compensation Commission.

(15) All persons who are appointed or employed by the

Director of Insurance under authority of Section 202 of

the Illinois Insurance Code to assist the Director of

Insurance in discharging his responsibilities relating to

the rehabilitation, liquidation, conservation, and

dissolution of companies that are subject to the

jurisdiction of the Illinois Insurance Code.

(16) All employees of the St. Louis Metropolitan Area

Airport Authority.

(17) All investment officers employed by the Illinois

State Board of Investment.

(18) Employees of the Illinois Young Adult

Conservation Corps program, administered by the Illinois

Department of Natural Resources, authorized grantee under

Title VIII of the Comprehensive Employment and Training

Act of 1973, 29 USC 993.

(19) Seasonal employees of the Department of

Agriculture for the operation of the Illinois State Fair

and the DuQuoin State Fair, no one person receiving more

than 29 days of such employment in any calendar year.

(20) All "temporary" employees hired under the

Department of Natural Resources' Illinois Conservation

Service, a youth employment program that hires young

people to work in State parks for a period of one year or

less.

(21) All hearing officers of the Human Rights

Commission.

(22) All employees of the Illinois Mathematics and

Science Academy.

(23) All employees of the Kankakee River Valley Area

Airport Authority.

(24) The commissioners and employees of the Executive

Ethics Commission.

(25) The Executive Inspectors General, including

special Executive Inspectors General, and employees of

each Office of an Executive Inspector General.

(26) The commissioners and employees of the

Legislative Ethics Commission.

(27) The Legislative Inspector General, including

special Legislative Inspectors General, and employees of

the Office of the Legislative Inspector General.

(28) The Auditor General's Inspector General and

employees of the Office of the Auditor General's Inspector

General.

(29) All employees of the Illinois Power Agency.

(30) Employees having demonstrable, defined advanced

skills in accounting, financial reporting, or technical

expertise who are employed within executive branch

agencies and whose duties are directly related to the

submission to the Office of the Comptroller of financial

information for the publication of the Comprehensive

Annual Financial Report (CAFR).

(31) All employees of the Illinois Sentencing Policy

Advisory Council.

(Source: P.A. 100-1148, eff. 12-10-18.)

(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)

Sec. 8c. Jurisdiction C; conditions of employment. For

positions in the State service subject to the jurisdiction of

the Department of Central Management Services with respect to

conditions of employment:

(1) For establishment of a plan for resolving employee

grievances and complaints, excluding compulsory

arbitration.

(2) For hours of work, holidays, and attendance

regulation in the various classes of positions in the

State service; for annual, sick and special leaves of

absence, with or without pay or with reduced pay; for

compensatory time off for overtime or for pay for

overtime, and for the rate at which compensatory time off

is to be allowed or for the rate which is to be paid for

overtime. If the services of an employee in the State

service are terminated by reason of his retirement,

disability or death, he, or his estate, as the case may be,

shall be paid a lump sum, for the number of days for leave

for personal business which the employee had accumulated

but not used as of the date his services were terminated,

in an amount equal to 1/2 of his pay per working day times

the number of such leave days so accumulated and not used.

(3) For the development and operation of programs to

improve the work effectiveness and morale of employees in

the State service, including training, safety, health,

welfare, counseling, recreation, employee relations, a

suggestion system, and others.

Employees whose tuition and fees are paid by the

State, either directly or by reimbursement, shall incur a

work commitment to the State. Employees whose State paid

training has not led to a postsecondary degree shall be

obligated to continue in the employ of the State, but not

necessarily in the same agency, for a period of at least 18

months following completion of the most recent course.

Employees whose State paid training has led to a

postsecondary degree and whose State payments have paid

for 50% or more of the required credit hours shall be

obligated to continue in the employ of the State, but not

necessarily in the same agency, for a minimum of 4 years

after receiving the degree.

If the employee does not fulfill this work commitment

by voluntarily leaving State employment, the State may

recover payments in a civil action and may also recover

interest at the rate of 1% per month from the time the

State makes payment until the time the State recovers the

payment. The amount the State may recover under this

subsection (3) shall be reduced by 25% of the gross amount

paid by the State for each year the employee is employed by

the State after the employee receives a postsecondary

degree, and 1/18th of the gross amount paid by the State

for each month the employee is employed by the State after

the employee completes the most recent course which has

not led to a postsecondary degree.

The State shall not recover payments for course work

or a training program that was (a) started before the

effective date of this Act; (b) completed as a requirement

for a grammar school certificate or a high school diploma,

to prepare for high school equivalency testing, or to

improve literacy or numeracy; (c) specialized training in

the form of a conference, seminar, workshop, or similar

arrangement offered by public or private organizations;

(d) provided as part of the Upward Mobility Program

administered by the Department of Central Management

Services; or (e) a condition of continued employment.

Illinois Department of State Police employees who are

enrolled in an official training program that lasts longer

than one year shall incur a work commitment to the State.

The work commitment shall be 2 months for each month of

completed training. If the employee fails to fulfill this

work commitment by voluntarily leaving State employment,

the State may recover wages in a civil action and may also

recover interest at the rate of 1% per month from the time

the State makes payment until the time the State recovers

the payment. The amount the State may recover under this

subsection (3) shall be reduced by the number of months

served after the training is completed times the monthly

salary at the time of separation.

The Department of Central Management Services shall

promulgate rules governing recovery activities to be used

by all State agencies paying, whether directly or by

reimbursement, for employee tuition and fees. Each such

agency shall make necessary efforts, including pursuing

appropriate legal action, to recover the actual

reimbursements and applicable interest due the State under

this subsection (3).

(4) For the establishment of a sick pay plan in

accordance with Section 36 of the State Finance Act.

(5) For the establishment of a family responsibility

leave plan under which an employee in the State service

may request and receive a leave of absence for up to one

year without penalty whenever such leave is requested to

enable the employee to meet a bona fide family

responsibility of such employee. The procedure for

determining and documenting the existence of a bona fide

family responsibility shall be as provided by rule, but

without limiting the circumstances which shall constitute

a bona fide family responsibility under the rules, such

circumstances shall include leave incident to the birth of

the employee's child and the responsibility thereafter to

provide proper care to that child or to a newborn child

adopted by the employee, the responsibility to provide

regular care to a disabled, incapacitated or bedridden

resident of the employee's household or member of the

employee's family, and the responsibility to furnish

special guidance, care and supervision to a resident of

the employee's household or member of the employee's

family in need thereof under circumstances temporarily

inconsistent with uninterrupted employment in State

service. The family responsibility leave plan so

established shall provide that any such leave shall be

without pay, that the seniority of the employee on such

leave shall not be reduced during the period of the leave,

that such leave shall not under any circumstance or for

any purpose be deemed to cause a break in such employee's

State service, that during the period of such leave any

coverage of the employee or the employee's dependents

which existed at the commencement of the leave under any

group health, hospital, medical and life insurance plan

provided through the State shall continue so long as the

employee pays to the State when due the full premium

incident to such coverage, and that upon expiration of the

leave the employee shall be returned to the same position

and classification which such employee held at the

commencement of the leave. The Director of Central

Management Services shall prepare proposed rules

consistent with this paragraph within 45 days after the

effective date of this amendatory Act of 1983, shall

promptly thereafter cause a public hearing thereon to be

held as provided in Section 8 and shall within 120 days

after the effective date of this amendatory Act of 1983

cause such proposed rules to be submitted to the Civil

Service Commission as provided in Section 8.

(6) For the development and operation of a plan for

alternative employment for any employee who is able to

perform alternative employment after a work related or

non-work related disability essentially precludes that

employee from performing his or her currently assigned

duties. Such a plan shall be voluntary for any employee

and nonparticipation shall not be grounds for denial of

any benefit to which the employee would otherwise be

eligible. Any plan seeking to cover positions for which

there is a recognized bargaining agent shall be subject to

collective bargaining between the parties.

(7) For the development and operation of an Executive

Development Program to provide scholarships for the

receipt of academic degrees or senior executive training

beyond the Bachelor's degree level for as many as 25

employees at any given time:

(i) each of whom is nominated for such scholarship

by the head of the employee's agency and approved by

the Director;

(ii) who are subject to Term Appointment under

Section 8b.18 or who would be subject to such Term

Appointment but for Federal funding or who are exempt

from Jurisdiction B under subsections (2), (3) or (6)

of Section 4d of this Act:

(iii) who meet the admission standards established

by the institution awarding the advanced degree or

conducting the training;

(iv) each of whom agrees, as a condition of

accepting such scholarship, that the State may recover

the scholarship by garnishment, lien or other

appropriate legal action if the employee fails to

continue in the employ of the State, but not

necessarily in the same agency, for a minimum of 4

years following receipt of an advanced degree or

training and that the State may charge interest from

the time of payment until the time of recovery of such

scholarship of no less than 1% per month or 12% per

annum on all funds recovered by the State. The amount

the State may recover under this Section will be

reduced by 25% of the gross amount paid by the State

for each year of employment following receipt of the

advanced degree or training.

The Director shall in approving eligible employees for

the Executive Development Program make every attempt to

guarantee that at least 1/3 of the employees appointed to

the program reflect the ratio of sex, race, and ethnicity

of eligible employees.

Such scholarships shall not exceed the amount

established for tuition and fees for the applicable

advanced degree or training at State universities in

Illinois whether the employee enrolls at any Illinois

public or private institution, and shall not include any

textbooks or equipment such as personal computers.

The Department of Central Management Services shall

make necessary efforts, including appropriate legal

action, to recover scholarships and interest thereupon due

subject to recovery by the State under Subparagraph (iv)

of this Subsection (7).

(Source: P.A. 98-718, eff. 1-1-15.)

(20 ILCS 415/10) (from Ch. 127, par. 63b110)

Sec. 10. Duties and powers of the Commission. The Civil

Service Commission shall have duties and powers as follows:

(1) Upon written recommendations by the Director of

the Department of Central Management Services to exempt

from jurisdiction B of this Act positions which, in the

judgment of the Commission, involve either principal

administrative responsibility for the determination of

policy or principal administrative responsibility for the

way in which policies are carried out. This authority may

not be exercised, however, with respect to the position of

Assistant Director of Healthcare and Family Services in

the Department of Healthcare and Family Services.

(2) To require such special reports from the Director

as it may consider desirable.

(3) To disapprove original rules or any part thereof

within 90 days and any amendment thereof within 30 days

after the submission of such rules to the Civil Service

Commission by the Director, and to disapprove any

amendments thereto in the same manner.

(4) To approve or disapprove within 60 days from date

of submission the position classification plan submitted

by the Director as provided in the rules, and any

revisions thereof within 30 days from the date of

submission.

(5) To hear appeals of employees who do not accept the

allocation of their positions under the position

classification plan.

(6) To hear and determine written charges filed

seeking the discharge, demotion of employees and

suspension totaling more than thirty days in any 12-month

period, as provided in Section 11 hereof, and appeals from

transfers from one geographical area in the State to

another, and in connection therewith to administer oaths,

subpoena witnesses, and compel the production of books and

papers.

(7) The fees of subpoenaed witnesses under this Act

for attendance and travel shall be the same as fees of

witnesses before the circuit courts of the State, such

fees to be paid when the witness is excused from further

attendance. Whenever a subpoena is issued the Commission

may require that the cost of service and the fee of the

witness shall be borne by the party at whose insistence

the witness is summoned. The Commission has the power, at

its discretion, to require a deposit from such party to

cover the cost of service and witness fees and the payment

of the legal witness fee and mileage to the witness served

with the subpoena. A subpoena issued under this Act shall

be served in the same manner as a subpoena issued out of a

court.

Upon the failure or refusal to obey a subpoena, a

petition shall be prepared by the party serving the

subpoena for enforcement in the circuit court of the

county in which the person to whom the subpoena was

directed either resides or has his or her principal place

of business.

Not less than five days before the petition is filed

in the appropriate court, it shall be served on the person

along with a notice of the time and place the petition is

to be presented.

Following a hearing on the petition, the circuit court

shall have jurisdiction to enforce subpoenas issued

pursuant to this Section.

On motion and for good cause shown the Commission may

quash or modify any subpoena.

(8) To make an annual report regarding the work of the

Commission to the Governor, such report to be a public

report.

(9) If any violation of this Act is found, the

Commission shall direct compliance in writing.

(10) To appoint a full-time executive secretary and

such other employees, experts, and special assistants as

may be necessary to carry out the powers and duties of the

Commission under this Act and employees, experts, and

special assistants so appointed by the Commission shall be

subject to the provisions of jurisdictions A, B and C of

this Act. These powers and duties supersede any contrary

provisions herein contained.

(11) To make rules to carry out and implement their

powers and duties under this Act, with authority to amend

such rules from time to time.

(12) To hear or conduct investigations as it deems

necessary of appeals of layoff filed by employees

appointed under Jurisdiction B after examination provided

that such appeals are filed within 15 calendar days

following the effective date of such layoff and are made

on the basis that the provisions of the Personnel Code or

of the Rules of the Department of Central Management

Services relating to layoff have been violated or have not

been complied with.

All hearings shall be public. A decision shall be

rendered within 60 days after receipt of the transcript of

the proceedings. The Commission shall order the

reinstatement of the employee if it is proven that the

provisions of the Personnel Code or of the rules of the

Department of Central Management Services relating to

layoff have been violated or have not been complied with.

In connection therewith the Commission may administer

oaths, subpoena witnesses, and compel the production of

books and papers.

(13) Whenever the Civil Service Commission is

authorized or required by law to consider some aspect of

criminal history record information for the purpose of

carrying out its statutory powers and responsibilities,

then, upon request and payment of fees in conformance with

the requirements of Section 2605-400 of the Illinois

Department of State Police Law (20 ILCS 2605/2605-400),

the Illinois Department of State Police is authorized to

furnish, pursuant to positive identification, such

information contained in State files as is necessary to

fulfill the request.

(Source: P.A. 100-201, eff. 8-18-17.)

Section 125. The Children and Family Services Act is

amended by changing Sections 5, 35.5, and 35.6 as follows:

(20 ILCS 505/5) (from Ch. 23, par. 5005)

Sec. 5. Direct child welfare services; Department of

Children and Family Services. To provide direct child welfare

services when not available through other public or private

child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State

who are under the age of 18 years. The term also includes

persons under age 21 who:

(A) were committed to the Department pursuant to

the Juvenile Court Act or the Juvenile Court Act of

1987, as amended, and who continue under the

jurisdiction of the court; or

(B) were accepted for care, service and training

by the Department prior to the age of 18 and whose best

interest in the discretion of the Department would be

served by continuing that care, service and training

because of severe emotional disturbances, physical

disability, social adjustment or any combination

thereof, or because of the need to complete an

educational or vocational training program.

(2) "Homeless youth" means persons found within the

State who are under the age of 19, are not in a safe and

stable living situation and cannot be reunited with their

families.

(3) "Child welfare services" means public social

services which are directed toward the accomplishment of

the following purposes:

(A) protecting and promoting the health, safety

and welfare of children, including homeless,

dependent, or neglected children;

(B) remedying, or assisting in the solution of

problems which may result in, the neglect, abuse,

exploitation, or delinquency of children;

(C) preventing the unnecessary separation of

children from their families by identifying family

problems, assisting families in resolving their

problems, and preventing the breakup of the family

where the prevention of child removal is desirable and

possible when the child can be cared for at home

without endangering the child's health and safety;

(D) restoring to their families children who have

been removed, by the provision of services to the

child and the families when the child can be cared for

at home without endangering the child's health and

safety;

(E) placing children in suitable adoptive homes,

in cases where restoration to the biological family is

not safe, possible, or appropriate;

(F) assuring safe and adequate care of children

away from their homes, in cases where the child cannot

be returned home or cannot be placed for adoption. At

the time of placement, the Department shall consider

concurrent planning, as described in subsection (l-1)

of this Section so that permanency may occur at the

earliest opportunity. Consideration should be given so

that if reunification fails or is delayed, the

placement made is the best available placement to

provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities

that provide separate living quarters for children

under the age of 18 and for children 18 years of age

and older, unless a child 18 years of age is in the

last year of high school education or vocational

training, in an approved individual or group treatment

program, in a licensed shelter facility, or secure

child care facility. The Department is not required to

place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental

disability, as defined in the Mental Health and

Developmental Disabilities Code, or

(iii) who are female children who are

pregnant, pregnant and parenting, or parenting, or

(iv) who are siblings, in facilities that

provide separate living quarters for children 18

years of age and older and for children under 18

years of age.

(b) (Blank).

(c) The Department shall establish and maintain

tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end

that services and care shall be available on an equal basis

throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for

any new program initiative to any agency contracting with the

Department. As a prerequisite for an advance disbursement, the

contractor must post a surety bond in the amount of the advance

disbursement and have a purchase of service contract approved

by the Department. The Department may pay up to 2 months

operational expenses in advance. The amount of the advance

disbursement shall be prorated over the life of the contract

or the remaining months of the fiscal year, whichever is less,

and the installment amount shall then be deducted from future

bills. Advance disbursement authorizations for new initiatives

shall not be made to any agency after that agency has operated

during 2 consecutive fiscal years. The requirements of this

Section concerning advance disbursements shall not apply with

respect to the following: payments to local public agencies

for child day care services as authorized by Section 5a of this

Act; and youth service programs receiving grant funds under

Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations

concerning its operation of programs designed to meet the

goals of child safety and protection, family preservation,

family reunification, and adoption, including, but not limited

to:

(1) adoption;

(2) foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court

Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption

Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall

include provisions for training Department staff and the staff

of Department grantees, through contracts with other agencies

or resources, in screening techniques to identify substance

use disorders, as defined in the Substance Use Disorder Act,

approved by the Department of Human Services, as a successor

to the Department of Alcoholism and Substance Abuse, for the

purpose of identifying children and adults who should be

referred for an assessment at an organization appropriately

licensed by the Department of Human Services for substance use

disorder treatment.

(h) If the Department finds that there is no appropriate

program or facility within or available to the Department for

a youth in care and that no licensed private facility has an

adequate and appropriate program or none agrees to accept the

youth in care, the Department shall create an appropriate

individualized, program-oriented plan for such youth in care.

The plan may be developed within the Department or through

purchase of services by the Department to the extent that it is

within its statutory authority to do.

(i) Service programs shall be available throughout the

State and shall include but not be limited to the following

services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care; and

(6) emergency assistance and advocacy.

In addition, the following services may be made available

to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the

services it makes available to children or families or for

which it refers children or families.

(j) The Department may provide categories of financial

assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and

grants, to persons who adopt children with physical or mental

disabilities, children who are older, or other hard-to-place

children who (i) immediately prior to their adoption were

youth in care or (ii) were determined eligible for financial

assistance with respect to a prior adoption and who become

available for adoption because the prior adoption has been

dissolved and the parental rights of the adoptive parents have

been terminated or because the child's adoptive parents have

died. The Department may continue to provide financial

assistance and education assistance grants for a child who was

determined eligible for financial assistance under this

subsection (j) in the interim period beginning when the

child's adoptive parents died and ending with the finalization

of the new adoption of the child by another adoptive parent or

parents. The Department may also provide categories of

financial assistance and education assistance grants, and

shall establish rules and regulations for the assistance and

grants, to persons appointed guardian of the person under

Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

4-25, or 5-740 of the Juvenile Court Act of 1987 for children

who were youth in care for 12 months immediately prior to the

appointment of the guardian.

The amount of assistance may vary, depending upon the

needs of the child and the adoptive parents, as set forth in

the annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such

costs may not exceed the amounts which similar services would

cost the Department if it were to provide or secure them as

guardian of the child.

Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment,

garnishment, or any other remedy for recovery or collection of

a judgment or debt.

(j-5) The Department shall not deny or delay the placement

of a child for adoption if an approved family is available

either outside of the Department region handling the case, or

outside of the State of Illinois.

(k) The Department shall accept for care and training any

child who has been adjudicated neglected or abused, or

dependent committed to it pursuant to the Juvenile Court Act

or the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation

services, as defined in Section 8.2 of the Abused and

Neglected Child Reporting Act, to help families, including

adoptive and extended families. Family preservation services

shall be offered (i) to prevent the placement of children in

substitute care when the children can be cared for at home or

in the custody of the person responsible for the children's

welfare, (ii) to reunite children with their families, or

(iii) to maintain an adoptive placement. Family preservation

services shall only be offered when doing so will not endanger

the children's health or safety. With respect to children who

are in substitute care pursuant to the Juvenile Court Act of

1987, family preservation services shall not be offered if a

goal other than those of subdivisions (A), (B), or (B-1) of

subsection (2) of Section 2-28 of that Act has been set, except

that reunification services may be offered as provided in

paragraph (F) of subsection (2) of Section 2-28 of that Act.

Nothing in this paragraph shall be construed to create a

private right of action or claim on the part of any individual

or child welfare agency, except that when a child is the

subject of an action under Article II of the Juvenile Court Act

of 1987 and the child's service plan calls for services to

facilitate achievement of the permanency goal, the court

hearing the action under Article II of the Juvenile Court Act

of 1987 may order the Department to provide the services set

out in the plan, if those services are not provided with

reasonable promptness and if those services are available.

The Department shall notify the child and his family of

the Department's responsibility to offer and provide family

preservation services as identified in the service plan. The

child and his family shall be eligible for services as soon as

the report is determined to be "indicated". The Department may

offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed,

prior to concluding its investigation under Section 7.12 of

the Abused and Neglected Child Reporting Act. However, the

child's or family's willingness to accept services shall not

be considered in the investigation. The Department may also

provide services to any child or family who is the subject of

any report of suspected child abuse or neglect or may refer

such child or family to services available from other agencies

in the community, even if the report is determined to be

unfounded, if the conditions in the child's or family's home

are reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of

such services shall be voluntary. The Department may also

provide services to any child or family after completion of a

family assessment, as an alternative to an investigation, as

provided under the "differential response program" provided

for in subsection (a-5) of Section 7.4 of the Abused and

Neglected Child Reporting Act.

The Department may, at its discretion except for those

children also adjudicated neglected or dependent, accept for

care and training any child who has been adjudicated addicted,

as a truant minor in need of supervision or as a minor

requiring authoritative intervention, under the Juvenile Court

Act or the Juvenile Court Act of 1987, but no such child shall

be committed to the Department by any court without the

approval of the Department. On and after January 1, 2015 (the

effective date of Public Act 98-803) and before January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of

or committed to the Department by any court, except (i) a minor

less than 16 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition

to reinstate wardship pursuant to subsection (2) of Section

2-33 of the Juvenile Court Act of 1987. On and after January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of

or committed to the Department by any court, except (i) a minor

less than 15 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition

to reinstate wardship pursuant to subsection (2) of Section

2-33 of the Juvenile Court Act of 1987. An independent basis

exists when the allegations or adjudication of abuse, neglect,

or dependency do not arise from the same facts, incident, or

circumstances which give rise to a charge or adjudication of

delinquency. The Department shall assign a caseworker to

attend any hearing involving a youth in the care and custody of

the Department who is placed on aftercare release, including

hearings involving sanctions for violation of aftercare

release conditions and aftercare release revocation hearings.

As soon as is possible after August 7, 2009 (the effective

date of Public Act 96-134), the Department shall develop and

implement a special program of family preservation services to

support intact, foster, and adoptive families who are

experiencing extreme hardships due to the difficulty and

stress of caring for a child who has been diagnosed with a

pervasive developmental disorder if the Department determines

that those services are necessary to ensure the health and

safety of the child. The Department may offer services to any

family whether or not a report has been filed under the Abused

and Neglected Child Reporting Act. The Department may refer

the child or family to services available from other agencies

in the community if the conditions in the child's or family's

home are reasonably likely to subject the child or family to

future reports of suspected child abuse or neglect. Acceptance

of these services shall be voluntary. The Department shall

develop and implement a public information campaign to alert

health and social service providers and the general public

about these special family preservation services. The nature

and scope of the services offered and the number of families

served under the special program implemented under this

paragraph shall be determined by the level of funding that the

Department annually allocates for this purpose. The term

"pervasive developmental disorder" under this paragraph means

a neurological condition, including, but not limited to,

Asperger's Syndrome and autism, as defined in the most recent

edition of the Diagnostic and Statistical Manual of Mental

Disorders of the American Psychiatric Association.

(l-1) The legislature recognizes that the best interests

of the child require that the child be placed in the most

permanent living arrangement as soon as is practically

possible. To achieve this goal, the legislature directs the

Department of Children and Family Services to conduct

concurrent planning so that permanency may occur at the

earliest opportunity. Permanent living arrangements may

include prevention of placement of a child outside the home of

the family when the child can be cared for at home without

endangering the child's health or safety; reunification with

the family, when safe and appropriate, if temporary placement

is necessary; or movement of the child toward the most

permanent living arrangement and permanent legal status.

When determining reasonable efforts to be made with

respect to a child, as described in this subsection, and in

making such reasonable efforts, the child's health and safety

shall be the paramount concern.

When a child is placed in foster care, the Department

shall ensure and document that reasonable efforts were made to

prevent or eliminate the need to remove the child from the

child's home. The Department must make reasonable efforts to

reunify the family when temporary placement of the child

occurs unless otherwise required, pursuant to the Juvenile

Court Act of 1987. At any time after the dispositional hearing

where the Department believes that further reunification

services would be ineffective, it may request a finding from

the court that reasonable efforts are no longer appropriate.

The Department is not required to provide further

reunification services after such a finding.

A decision to place a child in substitute care shall be

made with considerations of the child's health, safety, and

best interests. At the time of placement, consideration should

also be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide

permanency for the child.

The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department

shall consider the following factors when determining

appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by

the family;

(4) the level of cooperation of the family;

(5) the foster parents' willingness to work with the

family to reunite;

(6) the willingness and ability of the foster family

to provide an adoptive home or long-term placement;

(7) the age of the child;

(8) placement of siblings.

(m) The Department may assume temporary custody of any

child if:

(1) it has received a written consent to such

temporary custody signed by the parents of the child or by

the parent having custody of the child if the parents are

not living together or by the guardian or custodian of the

child if the child is not in the custody of either parent,

or

(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be

located.

If the child is found in his or her residence without a parent,

guardian, custodian, or responsible caretaker, the Department

may, instead of removing the child and assuming temporary

custody, place an authorized representative of the Department

in that residence until such time as a parent, guardian, or

custodian enters the home and expresses a willingness and

apparent ability to ensure the child's health and safety and

resume permanent charge of the child, or until a relative

enters the home and is willing and able to ensure the child's

health and safety and assume charge of the child until a

parent, guardian, or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and

resume permanent charge. After a caretaker has remained in the

home for a period not to exceed 12 hours, the Department must

follow those procedures outlined in Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities

and duties that a legal custodian of the child would have

pursuant to subsection (9) of Section 1-3 of the Juvenile

Court Act of 1987. Whenever a child is taken into temporary

custody pursuant to an investigation under the Abused and

Neglected Child Reporting Act, or pursuant to a referral and

acceptance under the Juvenile Court Act of 1987 of a minor in

limited custody, the Department, during the period of

temporary custody and before the child is brought before a

judicial officer as required by Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987, shall have the

authority, responsibilities and duties that a legal custodian

of the child would have under subsection (9) of Section 1-3 of

the Juvenile Court Act of 1987.

The Department shall ensure that any child taken into

custody is scheduled for an appointment for a medical

examination.

A parent, guardian, or custodian of a child in the

temporary custody of the Department who would have custody of

the child if he were not in the temporary custody of the

Department may deliver to the Department a signed request that

the Department surrender the temporary custody of the child.

The Department may retain temporary custody of the child for

10 days after the receipt of the request, during which period

the Department may cause to be filed a petition pursuant to the

Juvenile Court Act of 1987. If a petition is so filed, the

Department shall retain temporary custody of the child until

the court orders otherwise. If a petition is not filed within

the 10-day period, the child shall be surrendered to the

custody of the requesting parent, guardian, or custodian not

later than the expiration of the 10-day period, at which time

the authority and duties of the Department with respect to the

temporary custody of the child shall terminate.

(m-1) The Department may place children under 18 years of

age in a secure child care facility licensed by the Department

that cares for children who are in need of secure living

arrangements for their health, safety, and well-being after a

determination is made by the facility director and the

Director or the Director's designate prior to admission to the

facility subject to Section 2-27.1 of the Juvenile Court Act

of 1987. This subsection (m-1) does not apply to a child who is

subject to placement in a correctional facility operated

pursuant to Section 3-15-2 of the Unified Code of Corrections,

unless the child is a youth in care who was placed in the care

of the Department before being subject to placement in a

correctional facility and a court of competent jurisdiction

has ordered placement of the child in a secure care facility.

(n) The Department may place children under 18 years of

age in licensed child care facilities when in the opinion of

the Department, appropriate services aimed at family

preservation have been unsuccessful and cannot ensure the

child's health and safety or are unavailable and such

placement would be for their best interest. Payment for board,

clothing, care, training and supervision of any child placed

in a licensed child care facility may be made by the

Department, by the parents or guardians of the estates of

those children, or by both the Department and the parents or

guardians, except that no payments shall be made by the

Department for any child placed in a licensed child care

facility for board, clothing, care, training and supervision

of such a child that exceed the average per capita cost of

maintaining and of caring for a child in institutions for

dependent or neglected children operated by the Department.

However, such restriction on payments does not apply in cases

where children require specialized care and treatment for

problems of severe emotional disturbance, physical disability,

social adjustment, or any combination thereof and suitable

facilities for the placement of such children are not

available at payment rates within the limitations set forth in

this Section. All reimbursements for services delivered shall

be absolutely inalienable by assignment, sale, attachment, or

garnishment or otherwise.

(n-1) The Department shall provide or authorize child

welfare services, aimed at assisting minors to achieve

sustainable self-sufficiency as independent adults, for any

minor eligible for the reinstatement of wardship pursuant to

subsection (2) of Section 2-33 of the Juvenile Court Act of

1987, whether or not such reinstatement is sought or allowed,

provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have

responsibility for the development and delivery of services

under this Section. An eligible youth may access services

under this Section through the Department of Children and

Family Services or by referral from the Department of Human

Services. Youth participating in services under this Section

shall cooperate with the assigned case manager in developing

an agreement identifying the services to be provided and how

the youth will increase skills to achieve self-sufficiency. A

homeless shelter is not considered appropriate housing for any

youth receiving child welfare services under this Section. The

Department shall continue child welfare services under this

Section to any eligible minor until the minor becomes 21 years

of age, no longer consents to participate, or achieves

self-sufficiency as identified in the minor's service plan.

The Department of Children and Family Services shall create

clear, readable notice of the rights of former foster youth to

child welfare services under this Section and how such

services may be obtained. The Department of Children and

Family Services and the Department of Human Services shall

disseminate this information statewide. The Department shall

adopt regulations describing services intended to assist

minors in achieving sustainable self-sufficiency as

independent adults.

(o) The Department shall establish an administrative

review and appeal process for children and families who

request or receive child welfare services from the Department.

Youth in care who are placed by private child welfare

agencies, and foster families with whom those youth are

placed, shall be afforded the same procedural and appeal

rights as children and families in the case of placement by the

Department, including the right to an initial review of a

private agency decision by that agency. The Department shall

ensure that any private child welfare agency, which accepts

youth in care for placement, affords those rights to children

and foster families. The Department shall accept for

administrative review and an appeal hearing a complaint made

by (i) a child or foster family concerning a decision

following an initial review by a private child welfare agency

or (ii) a prospective adoptive parent who alleges a violation

of subsection (j-5) of this Section. An appeal of a decision

concerning a change in the placement of a child shall be

conducted in an expedited manner. A court determination that a

current foster home placement is necessary and appropriate

under Section 2-28 of the Juvenile Court Act of 1987 does not

constitute a judicial determination on the merits of an

administrative appeal, filed by a former foster parent,

involving a change of placement decision.

(p) (Blank).

(q) The Department may receive and use, in their entirety,

for the benefit of children any gift, donation, or bequest of

money or other property which is received on behalf of such

children, or any financial benefits to which such children are

or may become entitled while under the jurisdiction or care of

the Department.

The Department shall set up and administer no-cost,

interest-bearing accounts in appropriate financial

institutions for children for whom the Department is legally

responsible and who have been determined eligible for

Veterans' Benefits, Social Security benefits, assistance

allotments from the armed forces, court ordered payments,

parental voluntary payments, Supplemental Security Income,

Railroad Retirement payments, Black Lung benefits, or other

miscellaneous payments. Interest earned by each account shall

be credited to the account, unless disbursed in accordance

with this subsection.

In disbursing funds from children's accounts, the

Department shall:

(1) Establish standards in accordance with State and

federal laws for disbursing money from children's

accounts. In all circumstances, the Department's

"Guardianship Administrator" or his or her designee must

approve disbursements from children's accounts. The

Department shall be responsible for keeping complete

records of all disbursements for each account for any

purpose.

(2) Calculate on a monthly basis the amounts paid from

State funds for the child's board and care, medical care

not covered under Medicaid, and social services; and

utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,

disbursements from all children's accounts, up to 1/12 of

$13,000,000, shall be deposited by the Department into the

General Revenue Fund and the balance over 1/12 of

$13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing

for the child's costs of care, as specified in item (2).

The balance shall accumulate in accordance with relevant

State and federal laws and shall be disbursed to the child

or his or her guardian, or to the issuing agency.

(r) The Department shall promulgate regulations

encouraging all adoption agencies to voluntarily forward to

the Department or its agent names and addresses of all persons

who have applied for and have been approved for adoption of a

hard-to-place child or child with a disability and the names

of such children who have not been placed for adoption. A list

of such names and addresses shall be maintained by the

Department or its agent, and coded lists which maintain the

confidentiality of the person seeking to adopt the child and

of the child shall be made available, without charge, to every

adoption agency in the State to assist the agencies in placing

such children for adoption. The Department may delegate to an

agent its duty to maintain and make available such lists. The

Department shall ensure that such agent maintains the

confidentiality of the person seeking to adopt the child and

of the child.

(s) The Department of Children and Family Services may

establish and implement a program to reimburse Department and

private child welfare agency foster parents licensed by the

Department of Children and Family Services for damages

sustained by the foster parents as a result of the malicious or

negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions

of foster children to other individuals. Such coverage will be

secondary to the foster parent liability insurance policy, if

applicable. The program shall be funded through appropriations

from the General Revenue Fund, specifically designated for

such purposes.

(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation

as ordered by a court pursuant to the Illinois Marriage and

Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically

directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to

the proceeding to reimburse the Department for its

reasonable costs for providing such services in accordance

with Department rules, or has determined that neither

party is financially able to pay.

The Department shall provide written notification to the

court of the specific arrangements for supervised visitation

and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to

the costs incurred except in cases where the court has

determined the parties are financially unable to pay. The

court may order additional periodic reports as appropriate.

(u) In addition to other information that must be

provided, whenever the Department places a child with a

prospective adoptive parent or parents, or in a licensed

foster home, group home, or child care institution, or in a

relative home, the Department shall provide to the prospective

adoptive parent or parents or other caretaker:

(1) available detailed information concerning the

child's educational and health history, copies of

immunization records (including insurance and medical card

information), a history of the child's previous

placements, if any, and reasons for placement changes

excluding any information that identifies or reveals the

location of any previous caretaker;

(2) a copy of the child's portion of the client

service plan, including any visitation arrangement, and

all amendments or revisions to it as related to the child;

and

(3) information containing details of the child's

individualized educational plan when the child is

receiving special education services.

The caretaker shall be informed of any known social or

behavioral information (including, but not limited to,

criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to

care for and safeguard the children to be placed or currently

in the home. The Department may prepare a written summary of

the information required by this paragraph, which may be

provided to the foster or prospective adoptive parent in

advance of a placement. The foster or prospective adoptive

parent may review the supporting documents in the child's file

in the presence of casework staff. In the case of an emergency

placement, casework staff shall at least provide known

information verbally, if necessary, and must subsequently

provide the information in writing as required by this

subsection.

The information described in this subsection shall be

provided in writing. In the case of emergency placements when

time does not allow prior review, preparation, and collection

of written information, the Department shall provide such

information as it becomes available. Within 10 business days

after placement, the Department shall obtain from the

prospective adoptive parent or parents or other caretaker a

signed verification of receipt of the information provided.

Within 10 business days after placement, the Department shall

provide to the child's guardian ad litem a copy of the

information provided to the prospective adoptive parent or

parents or other caretaker. The information provided to the

prospective adoptive parent or parents or other caretaker

shall be reviewed and approved regarding accuracy at the

supervisory level.

(u-5) Effective July 1, 1995, only foster care placements

licensed as foster family homes pursuant to the Child Care Act

of 1969 shall be eligible to receive foster care payments from

the Department. Relative caregivers who, as of July 1, 1995,

were approved pursuant to approved relative placement rules

previously promulgated by the Department at 89 Ill. Adm. Code

335 and had submitted an application for licensure as a foster

family home may continue to receive foster care payments only

until the Department determines that they may be licensed as a

foster family home or that their application for licensure is

denied or until September 30, 1995, whichever occurs first.

(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction

Information Act and information maintained in the adjudicatory

and dispositional record system as defined in Section 2605-355

of the Illinois Department of State Police Law (20 ILCS

2605/2605-355) if the Department determines the information is

necessary to perform its duties under the Abused and Neglected

Child Reporting Act, the Child Care Act of 1969, and the

Children and Family Services Act. The Department shall provide

for interactive computerized communication and processing

equipment that permits direct on-line communication with the

Illinois Department of State Police's central criminal history

data repository. The Department shall comply with all

certification requirements and provide certified operators who

have been trained by personnel from the Illinois Department of

State Police. In addition, one Office of the Inspector General

investigator shall have training in the use of the criminal

history information access system and have access to the

terminal. The Department of Children and Family Services and

its employees shall abide by rules and regulations established

by the Illinois Department of State Police relating to the

access and dissemination of this information.

(v-1) Prior to final approval for placement of a child,

the Department shall conduct a criminal records background

check of the prospective foster or adoptive parent, including

fingerprint-based checks of national crime information

databases. Final approval for placement shall not be granted

if the record check reveals a felony conviction for child

abuse or neglect, for spousal abuse, for a crime against

children, or for a crime involving violence, including rape,

sexual assault, or homicide, but not including other physical

assault or battery, or if there is a felony conviction for

physical assault, battery, or a drug-related offense committed

within the past 5 years.

(v-2) Prior to final approval for placement of a child,

the Department shall check its child abuse and neglect

registry for information concerning prospective foster and

adoptive parents, and any adult living in the home. If any

prospective foster or adoptive parent or other adult living in

the home has resided in another state in the preceding 5 years,

the Department shall request a check of that other state's

child abuse and neglect registry.

(w) Within 120 days of August 20, 1995 (the effective date

of Public Act 89-392), the Department shall prepare and submit

to the Governor and the General Assembly, a written plan for

the development of in-state licensed secure child care

facilities that care for children who are in need of secure

living arrangements for their health, safety, and well-being.

For purposes of this subsection, secure care facility shall

mean a facility that is designed and operated to ensure that

all entrances and exits from the facility, a building or a

distinct part of the building, are under the exclusive control

of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,

building, or distinct part of the building. The plan shall

include descriptions of the types of facilities that are

needed in Illinois; the cost of developing these secure care

facilities; the estimated number of placements; the potential

cost savings resulting from the movement of children currently

out-of-state who are projected to be returned to Illinois; the

necessary geographic distribution of these facilities in

Illinois; and a proposed timetable for development of such

facilities.

(x) The Department shall conduct annual credit history

checks to determine the financial history of children placed

under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting

when a youth in care turns 12 years old and each year

thereafter for the duration of the guardianship as terminated

pursuant to the Juvenile Court Act of 1987. The Department

shall determine if financial exploitation of the child's

personal information has occurred. If financial exploitation

appears to have taken place or is presently ongoing, the

Department shall notify the proper law enforcement agency, the

proper State's Attorney, or the Attorney General.

(y) Beginning on July 22, 2010 (the effective date of

Public Act 96-1189), a child with a disability who receives

residential and educational services from the Department shall

be eligible to receive transition services in accordance with

Article 14 of the School Code from the age of 14.5 through age

21, inclusive, notwithstanding the child's residential

services arrangement. For purposes of this subsection, "child

with a disability" means a child with a disability as defined

by the federal Individuals with Disabilities Education

Improvement Act of 2004.

(z) The Department shall access criminal history record

information as defined as "background information" in this

subsection and criminal history record information as defined

in the Illinois Uniform Conviction Information Act for each

Department employee or Department applicant. Each Department

employee or Department applicant shall submit his or her

fingerprints to the Illinois Department of State Police in the

form and manner prescribed by the Illinois Department of State

Police. These fingerprints shall be checked against the

fingerprint records now and hereafter filed in the Illinois

Department of State Police and the Federal Bureau of

Investigation criminal history records databases. The Illinois

Department of State Police shall charge a fee for conducting

the criminal history record check, which shall be deposited

into the State Police Services Fund and shall not exceed the

actual cost of the record check. The Illinois Department of

State Police shall furnish, pursuant to positive

identification, all Illinois conviction information to the

Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and

Family Services, conviction information obtained from the

Illinois Department of State Police as a result of a

fingerprint-based criminal history records check of the

Illinois criminal history records database and the Federal

Bureau of Investigation criminal history records database

concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of

Children and Family Services after performing a check of

the Illinois Department of State Police's Sex Offender

Database, as authorized by Section 120 of the Sex Offender

Community Notification Law, concerning a Department

employee or Department applicant.

(iii) Information obtained by the Department of

Children and Family Services after performing a check of

the Child Abuse and Neglect Tracking System (CANTS)

operated and maintained by the Department.

"Department employee" means a full-time or temporary

employee coded or certified within the State of Illinois

Personnel System.

"Department applicant" means an individual who has

conditional Department full-time or part-time work, a

contractor, an individual used to replace or supplement staff,

an academic intern, a volunteer in Department offices or on

Department contracts, a work-study student, an individual or

entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement

and whose work may bring the unlicensed service provider into

contact with Department clients or client records.

(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;

100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.

8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,

eff. 7-12-19; revised 8-1-19.)

(20 ILCS 505/35.5)

Sec. 35.5. Inspector General.

(a) The Governor shall appoint, and the Senate shall

confirm, an Inspector General who shall have the authority to

conduct investigations into allegations of or incidents of

possible misconduct, misfeasance, malfeasance, or violations

of rules, procedures, or laws by any employee, foster parent,

service provider, or contractor of the Department of Children

and Family Services, except for allegations of violations of

the State Officials and Employees Ethics Act which shall be

referred to the Office of the Governor's Executive Inspector

General for investigation. The Inspector General shall make

recommendations to the Director of Children and Family

Services concerning sanctions or disciplinary actions against

Department employees or providers of service under contract to

the Department. The Director of Children and Family Services

shall provide the Inspector General with an implementation

report on the status of any corrective actions taken on

recommendations under review and shall continue sending

updated reports until the corrective action is completed. The

Director shall provide a written response to the Inspector

General indicating the status of any sanctions or disciplinary

actions against employees or providers of service involving

any investigation subject to review. In any case, information

included in the reports to the Inspector General and

Department responses shall be subject to the public disclosure

requirements of the Abused and Neglected Child Reporting Act.

Any investigation conducted by the Inspector General shall be

independent and separate from the investigation mandated by

the Abused and Neglected Child Reporting Act. The Inspector

General shall be appointed for a term of 4 years. The Inspector

General shall function independently within the Department of

Children and Family Services with respect to the operations of

the Office of Inspector General, including the performance of

investigations and issuance of findings and recommendations,

and shall report to the Director of Children and Family

Services and the Governor and perform other duties the

Director may designate. The Inspector General shall adopt

rules as necessary to carry out the functions, purposes, and

duties of the office of Inspector General in the Department of

Children and Family Services, in accordance with the Illinois

Administrative Procedure Act and any other applicable law.

(b) The Inspector General shall have access to all

information and personnel necessary to perform the duties of

the office. To minimize duplication of efforts, and to assure

consistency and conformance with the requirements and

procedures established in the B.H. v. Suter consent decree and

to share resources when appropriate, the Inspector General

shall coordinate his or her activities with the Bureau of

Quality Assurance within the Department.

(c) The Inspector General shall be the primary liaison

between the Department and the Illinois Department of State

Police with regard to investigations conducted under the

Inspector General's auspices. If the Inspector General

determines that a possible criminal act has been committed, or

that special expertise is required in the investigation, he or

she shall immediately notify the Illinois Department of State

Police. All investigations conducted by the Inspector General

shall be conducted in a manner designed to ensure the

preservation of evidence for possible use in a criminal

prosecution.

(d) The Inspector General may recommend to the Department

of Children and Family Services, the Department of Public

Health, or any other appropriate agency, sanctions to be

imposed against service providers under the jurisdiction of or

under contract with the Department for the protection of

children in the custody or under the guardianship of the

Department who received services from those providers. The

Inspector General may seek the assistance of the Attorney

General or any of the several State's Attorneys in imposing

sanctions.

(e) The Inspector General shall at all times be granted

access to any foster home, facility, or program operated for

or licensed or funded by the Department.

(f) Nothing in this Section shall limit investigations by

the Department of Children and Family Services that may

otherwise be required by law or that may be necessary in that

Department's capacity as the central administrative authority

for child welfare.

(g) The Inspector General shall have the power to subpoena

witnesses and compel the production of books and papers

pertinent to an investigation authorized by this Act. The

power to subpoena or to compel the production of books and

papers, however, shall not extend to the person or documents

of a labor organization or its representatives insofar as the

person or documents of a labor organization relate to the

function of representing an employee subject to investigation

under this Act. Any person who fails to appear in response to a

subpoena or to answer any question or produce any books or

papers pertinent to an investigation under this Act, except as

otherwise provided in this Section, or who knowingly gives

false testimony in relation to an investigation under this Act

is guilty of a Class A misdemeanor.

(h) The Inspector General shall provide to the General

Assembly and the Governor, no later than January 1 of each

year, a summary of reports and investigations made under this

Section for the prior fiscal year. The summaries shall detail

the imposition of sanctions and the final disposition of those

recommendations. The summaries shall not contain any

confidential or identifying information concerning the

subjects of the reports and investigations. The summaries also

shall include detailed recommended administrative actions and

matters for consideration by the General Assembly.

(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)

(20 ILCS 505/35.6)

Sec. 35.6. State-wide toll-free telephone number.

(a) There shall be a State-wide, toll-free telephone

number for any person, whether or not mandated by law, to

report to the Inspector General of the Department, suspected

misconduct, malfeasance, misfeasance, or violations of rules,

procedures, or laws by Department employees, service

providers, or contractors that is detrimental to the best

interest of children receiving care, services, or training

from or who were committed to the Department as allowed under

Section 5 of this Act. Immediately upon receipt of a telephone

call regarding suspected abuse or neglect of children, the

Inspector General shall refer the call to the Child Abuse and

Neglect Hotline or to the Illinois State Police as mandated by

the Abused and Neglected Child Reporting Act and Section 35.5

of this Act. A mandated reporter shall not be relieved of his

or her duty to report incidents to the Child Abuse and Neglect

Hotline referred to in this subsection. The Inspector General

shall also establish rules and procedures for evaluating

reports of suspected misconduct and violation of rules and for

conducting an investigation of such reports.

(b) The Inspector General shall prepare and maintain

written records from the reporting source that shall contain

the following information to the extent known at the time the

report is made: (1) the names and addresses of the child and

the person responsible for the child's welfare; (2) the nature

of the misconduct and the detriment cause to the child's best

interest; (3) the names of the persons or agencies responsible

for the alleged misconduct. Any investigation conducted by the

Inspector General pursuant to such information shall not

duplicate and shall be separate from the investigation

mandated by the Abused and Neglected Child Reporting Act.

However, the Inspector General may include the results of such

investigation in reports compiled under this Section. At the

request of the reporting agent, the Inspector General shall

keep the identity of the reporting agent strictly confidential

from the operation of the Department, until the Inspector

General shall determine what recommendations shall be made

with regard to discipline or sanction of the Department

employee, service provider, or contractor, with the exception

of suspected child abuse or neglect which shall be handled

consistent with the Abused and Neglected Child Reporting Act

and Section 35.5 of this Act. The Department shall take

whatever steps are necessary to assure that a person making a

report in good faith under this Section is not adversely

affected solely on the basis of having made such report.

(Source: P.A. 92-334, eff. 8-10-01.)

Section 130. The Department of Children and Family

Services Powers Law of the Civil Administrative Code of

Illinois is amended by changing Section 510-100 as follows:

(20 ILCS 510/510-100) (was 20 ILCS 510/65.8)

Sec. 510-100. Criminal history record information.

Whenever the Department is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 135. The Child Death Review Team Act is amended by

changing Section 15 as follows:

(20 ILCS 515/15)

Sec. 15. Child death review teams; establishment.

(a) The Inspector General of the Department, in

consultation and cooperation with the Executive Council, law

enforcement, and other professionals who work in the field of

investigating, treating, or preventing child abuse or neglect

in that subregion, shall appoint members to a child death

review team in each of the Department's administrative

subregions of the State outside Cook County and at least one

child death review team in Cook County. The members of a team

shall be appointed for 2-year terms and shall be eligible for

reappointment upon the expiration of the terms. The Inspector

General of the Department must fill any vacancy in a team

within 60 days after that vacancy occurs.

(b) Each child death review team shall consist of at least

one member from each of the following categories:

(1) Pediatrician or other physician knowledgeable

about child abuse and neglect.

(2) Representative of the Department.

(3) State's attorney or State's attorney's

representative.

(4) Representative of a local law enforcement agency.

(5) Psychologist or psychiatrist.

(6) Representative of a local health department.

(7) Representative of a school district or other

education or child care interests.

(8) Coroner or forensic pathologist.

(9) Representative of a child welfare agency or child

advocacy organization.

(10) Representative of a local hospital, trauma

center, or provider of emergency medical services.

(11) Representative of the Illinois Department of

State Police.

(12) Representative of the Department of Public

Health.

Each child death review team may make recommendations to

the Inspector General of the Department concerning additional

appointments. In the event of a disagreement, the Executive

Council's decision shall control.

Each child death review team member must have demonstrated

experience and an interest in investigating, treating, or

preventing child abuse or neglect.

(c) Each child death review team shall select a

chairperson and vice-chairperson from among its members. The

chairperson shall also serve on the Illinois Child Death

Review Teams Executive Council. The vice-chairperson may also

serve on the Illinois Child Death Review Teams Executive

Council, but shall not have a vote on child death review team

business unless the chairperson is unable to attend a meeting.

(d) The child death review teams shall be funded under a

separate line item in the Department's annual budget.

(e) The Department shall provide at least one full-time

Statewide Department of Children and Family Services Liaison

who shall attend all child death review team meetings, all

Executive meetings, all Executive Council meetings, and

meetings between the Director and the Executive Council.

(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)

Section 140. The Financial Institutions Code is amended by

changing Section 6 as follows:

(20 ILCS 1205/6) (from Ch. 17, par. 106)

Sec. 6. In addition to the duties imposed elsewhere in

this Act, the Department has the following powers:

(1) To exercise the rights, powers and duties vested by

law in the Auditor of Public Accounts under "An Act to provide

for the incorporation, management and regulation of pawners'

societies and limiting the rate of compensation to be paid for

advances, storage and insurance on pawns and pledges and to

allow the loaning of money upon personal property", approved

March 29, 1899, as amended.

(2) To exercise the rights, powers and duties vested by

law in the Auditor of Public Accounts under "An Act in relation

to the definition, licensing and regulation of community

currency exchanges and ambulatory currency exchanges, and the

operators and employees thereof, and to make an appropriation

therefor, and to provide penalties and remedies for the

violation thereof", approved June 30, 1943, as amended.

(3) To exercise the rights, powers, and duties vested by

law in the Auditor of Public Accounts under "An Act in relation

to the buying and selling of foreign exchange and the

transmission or transfer of money to foreign countries",

approved June 28, 1923, as amended.

(4) To exercise the rights, powers, and duties vested by

law in the Auditor of Public Accounts under "An Act to provide

for and regulate the business of guaranteeing titles to real

estate by corporations", approved May 13, 1901, as amended.

(5) To exercise the rights, powers and duties vested by

law in the Department of Insurance under "An Act to define,

license, and regulate the business of making loans of eight

hundred dollars or less, permitting an interest charge thereon

greater than otherwise allowed by law, authorizing and

regulating the assignment of wages or salary when taken as

security for any such loan or as consideration for a payment of

eight hundred dollars or less, providing penalties, and to

repeal Acts therein named", approved July 11, 1935, as

amended.

(6) To administer and enforce "An Act to license and

regulate the keeping and letting of safety deposit boxes,

safes, and vaults, and the opening thereof, and to repeal a

certain Act therein named", approved June 13, 1945, as

amended.

(7) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

such information contained in State files as is necessary to

fulfill the request.

(8) To administer the Payday Loan Reform Act.

(Source: P.A. 94-13, eff. 12-6-05.)

Section 145. The Department of Human Services Act is

amended by changing Section 1-17 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded,

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Adult student with a disability" means an adult student,

age 18 through 21, inclusive, with an Individual Education

Program, other than a resident of a facility licensed by the

Department of Children and Family Services in accordance with

the Child Care Act of 1969. For purposes of this definition,

"through age 21, inclusive", means through the day before the

student's 22nd birthday.

"Agency" or "community agency" means (i) a community

agency licensed, funded, or certified by the Department, but

not licensed or certified by any other human services agency

of the State, to provide mental health service or

developmental disabilities service, or (ii) a program

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of

the State, to provide mental health service or developmental

disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an

employee, facility, or agency against an individual or

individuals: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a

gross failure to adequately provide for, or a callused

indifference to, the health, safety, or medical needs of an

individual and (ii) results in an individual's death or other

serious deterioration of an individual's physical condition or

mental condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility

or agency. Also, "employee" includes any employee or

contractual agent of the Department of Human Services or the

community agency involved in providing or monitoring or

administering mental health or developmental disability

services. This includes but is not limited to: owners,

operators, payroll personnel, contractors, subcontractors, and

volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health Care Worker Registry" or "Registry" means the

Health Care Worker Registry under the Health Care Worker

Background Check Act.

"Individual" means any person receiving mental health

service, developmental disabilities service, or both from a

facility or agency, while either on-site or off-site.

"Mental abuse" means the use of demeaning, intimidating,

or threatening words, signs, gestures, or other actions by an

employee about an individual and in the presence of an

individual or individuals that results in emotional distress

or maladaptive behavior, or could have resulted in emotional

distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the

Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"Mitigating circumstance" means a condition that (i) is

attendant to a finding, (ii) does not excuse or justify the

conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused,

or both the severity of the conduct and the culpability of the

accused.

"Neglect" means an employee's, agency's, or facility's

failure to provide adequate medical care, personal care, or

maintenance and that, as a consequence, (i) causes an

individual pain, injury, or emotional distress, (ii) results

in either an individual's maladaptive behavior or the

deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety

at substantial risk.

"Person with a developmental disability" means a person

having a developmental disability.

"Physical abuse" means an employee's non-accidental and

inappropriate contact with an individual that causes bodily

harm. "Physical abuse" includes actions that cause bodily harm

as a result of an employee directing an individual or person to

physically abuse another individual.

"Recommendation" means an admonition, separate from a

finding, that requires action by the facility, agency, or

Department to correct a systemic issue, problem, or deficiency

identified during an investigation.

"Required reporter" means any employee who suspects,

witnesses, or is informed of an allegation of any one or more

of the following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the

Department.

"Sexual abuse" means any sexual contact or intimate

physical contact between an employee and an individual,

including an employee's coercion or encouragement of an

individual to engage in sexual behavior that results in sexual

contact, intimate physical contact, sexual behavior, or

intimate physical behavior. Sexual abuse also includes (i) an

employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,

cellular phone, electronic mail, portable electronic device,

or other media with or without contact with the individual or

(ii) an employee's posting of sexually explicit images of an

individual online or elsewhere whether or not there is contact

with the individual.

"Sexually explicit images" includes, but is not limited

to, any material which depicts nudity, sexual conduct, or

sado-masochistic abuse, or which contains explicit and

detailed verbal descriptions or narrative accounts of sexual

excitement, sexual conduct, or sado-masochistic abuse.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the

Senate shall confirm, an Inspector General. The Inspector

General shall be appointed for a term of 4 years and shall

function within the Department of Human Services and report to

the Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State

in investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct

an investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection

limits investigations by the Department that may otherwise be

required by law or that may be necessary in the Department's

capacity as central administrative authority responsible for

the operation of the State's mental health and developmental

disabilities facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with,

an investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department

in preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons

receiving treatment for mental illness, developmental

disability, or both mental illness and developmental

disability, and (ii) establish and conduct periodic training

programs for facility and agency employees concerning the

prevention and reporting of any one or more of the following:

mental abuse, physical abuse, sexual abuse, neglect, egregious

neglect, or financial exploitation. The Inspector General

shall further ensure (i) every person authorized to conduct

investigations at community agencies receives ongoing training

in Title 59, Parts 115, 116, and 119 of the Illinois

Administrative Code, and (ii) every person authorized to

conduct investigations shall receive ongoing training in Title

59, Part 50 of the Illinois Administrative Code. Nothing in

this Section shall be deemed to prevent the Office of

Inspector General from conducting any other training as

determined by the Inspector General to be necessary or

helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be

granted access to any facility or agency for the purpose

of investigating any allegation, conducting unannounced

site visits, monitoring compliance with a written

response, or completing any other statutorily assigned

duty. The Inspector General shall conduct unannounced site

visits to each facility at least annually for the purpose

of reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii)

providing false information to an Office of the Inspector

General Investigator during an investigation, (iii)

colluding with other employees to cover up evidence, (iv)

colluding with other employees to provide false

information to an Office of the Inspector General

investigator, (v) destroying evidence, (vi) withholding

evidence, or (vii) otherwise obstructing an Office of the

Inspector General investigation. Additionally, any

employee who, during an unannounced site visit or written

response compliance check, fails to cooperate with

requests from the Office of the Inspector General is in

violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the

Office of the Inspector General hotline according to the

agency's or facility's procedures, but in no event later

than 4 hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within

24 hours after deflection from a residential program

or facility.

(iii) Any other death of an individual occurring

at an agency or facility or at any Department-funded

site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement.

(1) Reporting criminal acts. Within 24 hours after

determining that there is credible evidence indicating

that a criminal act may have been committed or that

special expertise may be required in an investigation, the

Inspector General shall notify the Illinois Department of

State Police or other appropriate law enforcement

authority, or ensure that such notification is made. The

Illinois Department of State Police shall investigate any

report from a State-operated facility indicating a

possible murder, sexual assault, or other felony by an

employee. All investigations conducted by the Inspector

General shall be conducted in a manner designed to ensure

the preservation of evidence for possible use in a

criminal prosecution.

(2) Reporting allegations of adult students with

disabilities. Upon receipt of a reportable allegation

regarding an adult student with a disability, the

Department's Office of the Inspector General shall

determine whether the allegation meets the criteria for

the Domestic Abuse Program under the Abuse of Adults with

Disabilities Intervention Act. If the allegation is

reportable to that program, the Office of the Inspector

General shall initiate an investigation. If the allegation

is not reportable to the Domestic Abuse Program, the

Office of the Inspector General shall make an expeditious

referral to the respective law enforcement entity. If the

alleged victim is already receiving services from the

Department, the Office of the Inspector General shall also

make a referral to the respective Department of Human

Services' Division or Bureau.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, finding an

allegation is unsubstantiated, or if a recommendation is made,

the Inspector General shall provide the investigative report

on the case to the Secretary and to the director of the

facility or agency where any one or more of the following

occurred: mental abuse, physical abuse, sexual abuse, neglect,

egregious neglect, or financial exploitation. The director of

the facility or agency shall be responsible for maintaining

the confidentiality of the investigative report consistent

with State and federal law. In a substantiated case, the

investigative report shall include any mitigating or

aggravating circumstances that were identified during the

investigation. If the case involves substantiated neglect, the

investigative report shall also state whether egregious

neglect was found. An investigative report may also set forth

recommendations. All investigative reports prepared by the

Office of the Inspector General shall be considered

confidential and shall not be released except as provided by

the law of this State or as required under applicable federal

law. Unsubstantiated and unfounded reports shall not be

disclosed except as allowed under Section 6 of the Abused and

Neglected Long Term Care Facility Residents Reporting Act. Raw

data used to compile the investigative report shall not be

subject to release unless required by law or a court order.

"Raw data used to compile the investigative report" includes,

but is not limited to, any one or more of the following: the

initial complaint, witness statements, photographs,

investigator's notes, police reports, or incident reports. If

the allegations are substantiated, the victim, the victim's

guardian, and the accused shall be provided with a redacted

copy of the investigative report. Death reports where there

was no allegation of abuse or neglect shall only be released

pursuant to applicable State or federal law or a valid court

order. Unredacted investigative reports, as well as raw data,

may be shared with a local law enforcement entity, a State's

Attorney's office, or a county coroner's office upon written

request.

(n) Written responses, clarification requests, and

reconsideration requests.

(1) Written responses. Within 30 calendar days from

receipt of a substantiated investigative report or an

investigative report which contains recommendations,

absent a reconsideration request, the facility or agency

shall file a written response that addresses, in a concise

and reasoned manner, the actions taken to: (i) protect the

individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the

implementation and completion dates of such actions. If

the written response is not filed within the allotted 30

calendar day period, the Secretary shall determine the

appropriate corrective action to be taken.

(2) Requests for clarification. The facility, agency,

victim or guardian, or the subject employee may request

that the Office of Inspector General clarify the finding

or findings for which clarification is sought.

(3) Requests for reconsideration. The facility,

agency, victim or guardian, or the subject employee may

request that the Office of the Inspector General

reconsider the finding or findings or the recommendations.

A request for reconsideration shall be subject to a

multi-layer review and shall include at least one reviewer

who did not participate in the investigation or approval

of the original investigative report. After the

multi-layer review process has been completed, the

Inspector General shall make the final determination on

the reconsideration request. The investigation shall be

reopened if the reconsideration determination finds that

additional information is needed to complete the

investigative record.

(o) Disclosure of the finding by the Inspector General.

The Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,

(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall

include whether the allegations were deemed substantiated,

unsubstantiated, or unfounded.

(p) Secretary review. Upon review of the Inspector

General's investigative report and any agency's or facility's

written response, the Secretary shall accept or reject the

written response and notify the Inspector General of that

determination. The Secretary may further direct that other

administrative action be taken, including, but not limited to,

any one or more of the following: (i) additional site visits,

(ii) training, (iii) provision of technical assistance

relative to administrative needs, licensure, or certification,

or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency. Within 30 days of the

date the Secretary approves the written response or directs

that further administrative action be taken, the facility or

agency shall provide an implementation report to the Inspector

General that provides the status of the action taken. The

facility or agency shall be allowed an additional 30 days to

send notice of completion of the action or to send an updated

implementation report. If the action has not been completed

within the additional 30-day period, the facility or agency

shall send updated implementation reports every 60 days until

completion. The Inspector General shall conduct a review of

any implementation plan that takes more than 120 days after

approval to complete, and shall monitor compliance through a

random review of approved written responses, which may

include, but are not limited to: (i) site visits, (ii)

telephone contact, and (iii) requests for additional

documentation evidencing compliance.

(r) Sanctions. Sanctions, if imposed by the Secretary

under Subdivision (p)(iv) of this Section, shall be designed

to prevent further acts of mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation or some combination of one or more of those acts

at a facility or agency, and may include any one or more of the

following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or

individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii)

certification.

The Inspector General may seek the assistance of the

Illinois Attorney General or the office of any State's

Attorney in implementing sanctions.

(s) Health Care Worker Registry.

(1) Reporting to the Registry. The Inspector General

shall report to the Department of Public Health's Health

Care Worker Registry, a public registry, the identity and

finding of each employee of a facility or agency against

whom there is a final investigative report containing a

substantiated allegation of physical or sexual abuse,

financial exploitation, or egregious neglect of an

individual.

(2) Notice to employee. Prior to reporting the name of

an employee, the employee shall be notified of the

Department's obligation to report and shall be granted an

opportunity to request an administrative hearing, the sole

purpose of which is to determine if the substantiated

finding warrants reporting to the Registry. Notice to the

employee shall contain a clear and concise statement of

the grounds on which the report to the Registry is based,

offer the employee an opportunity for a hearing, and

identify the process for requesting such a hearing. Notice

is sufficient if provided by certified mail to the

employee's last known address. If the employee fails to

request a hearing within 30 days from the date of the

notice, the Inspector General shall report the name of the

employee to the Registry. Nothing in this subdivision

(s)(2) shall diminish or impair the rights of a person who

is a member of a collective bargaining unit under the

Illinois Public Labor Relations Act or under any other

federal labor statute.

(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge

to present reasons why the employee's name should not be

reported to the Registry. The Department shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that the substantiated

finding warrants reporting to the Registry. After

considering all the evidence presented, the administrative

law judge shall make a recommendation to the Secretary as

to whether the substantiated finding warrants reporting

the name of the employee to the Registry. The Secretary

shall render the final decision. The Department and the

employee shall have the right to request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(4) Testimony at Registry hearings. A person who makes

a report or who investigates a report under this Act shall

testify fully in any judicial proceeding resulting from

such a report, as to any evidence of abuse or neglect, or

the cause thereof. No evidence shall be excluded by reason

of any common law or statutory privilege relating to

communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the

report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality

requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No

reporting to the Registry shall occur and no hearing shall

be set or proceed if an employee notifies the Inspector

General in writing, including any supporting

documentation, that he or she is formally contesting an

adverse employment action resulting from a substantiated

finding by complaint filed with the Illinois Civil Service

Commission, or which otherwise seeks to enforce the

employee's rights pursuant to any applicable collective

bargaining agreement. If an action taken by an employer

against an employee as a result of a finding of physical

abuse, sexual abuse, or egregious neglect is overturned

through an action filed with the Illinois Civil Service

Commission or under any applicable collective bargaining

agreement and if that employee's name has already been

sent to the Registry, the employee's name shall be removed

from the Registry.

(6) Removal from Registry. At any time after the

report to the Registry, but no more than once in any

12-month period, an employee may petition the Department

in writing to remove his or her name from the Registry.

Upon receiving notice of such request, the Inspector

General shall conduct an investigation into the petition.

Upon receipt of such request, an administrative hearing

will be set by the Department. At the hearing, the

employee shall bear the burden of presenting evidence that

establishes, by a preponderance of the evidence, that

removal of the name from the Registry is in the public

interest. The parties may jointly request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(t) Review of Administrative Decisions. The Department

shall preserve a record of all proceedings at any formal

hearing conducted by the Department involving Health Care

Worker Registry hearings. Final administrative decisions of

the Department are subject to judicial review pursuant to

provisions of the Administrative Review Law.

(u) Quality Care Board. There is created, within the

Office of the Inspector General, a Quality Care Board to be

composed of 7 members appointed by the Governor with the

advice and consent of the Senate. One of the members shall be

designated as chairman by the Governor. Of the initial

appointments made by the Governor, 4 Board members shall each

be appointed for a term of 4 years and 3 members shall each be

appointed for a term of 2 years. Upon the expiration of each

member's term, a successor shall be appointed for a term of 4

years. In the case of a vacancy in the office of any member,

the Governor shall appoint a successor for the remainder of

the unexpired term.

Members appointed by the Governor shall be qualified by

professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the

mentally ill or care of persons with developmental

disabilities. Two members appointed by the Governor shall be

persons with a disability or parents of persons with a

disability. Members shall serve without compensation, but

shall be reimbursed for expenses incurred in connection with

the performance of their duties as members.

The Board shall meet quarterly, and may hold other

meetings on the call of the chairman. Four members shall

constitute a quorum allowing the Board to conduct its

business. The Board may adopt rules and regulations it deems

necessary to govern its own procedures.

The Board shall monitor and oversee the operations,

policies, and procedures of the Inspector General to ensure

the prompt and thorough investigation of allegations of

neglect and abuse. In fulfilling these responsibilities, the

Board may do the following:

(1) Provide independent, expert consultation to the

Inspector General on policies and protocols for

investigations of alleged abuse, neglect, or both abuse

and neglect.

(2) Review existing regulations relating to the

operation of facilities.

(3) Advise the Inspector General as to the content of

training activities authorized under this Section.

(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the

Office of the Inspector General and other State or federal

offices.

(v) Annual report. The Inspector General shall provide to

the General Assembly and the Governor, no later than January 1

of each year, a summary of reports and investigations made

under this Act for the prior fiscal year with respect to

individuals receiving mental health or developmental

disabilities services. The report shall detail the imposition

of sanctions, if any, and the final disposition of any

corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or

identifying information of any individual, but shall include

objective data identifying any trends in the number of

reported allegations, the timeliness of the Office of the

Inspector General's investigations, and their disposition, for

each facility and Department-wide, for the most recent 3-year

time period. The report shall also identify, by facility, the

staff-to-patient ratios taking account of direct care staff

only. The report shall also include detailed recommended

administrative actions and matters for consideration by the

General Assembly.

(w) Program audit. The Auditor General shall conduct a

program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The

audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating

reports of allegations occurring in any facility or agency.

The Auditor General shall conduct the program audit according

to the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than

January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean

that an individual is a victim of abuse or neglect because of

health care services appropriately provided or not provided by

health care professionals.

(y) Nothing in this Section shall require a facility,

including its employees, agents, medical staff members, and

health care professionals, to provide a service to an

individual in contravention of that individual's stated or

implied objection to the provision of that service on the

ground that that service conflicts with the individual's

religious beliefs or practices, nor shall the failure to

provide a service to an individual be considered abuse under

this Section if the individual has objected to the provision

of that service based on his or her religious beliefs or

practices.

(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;

100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.

8-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)

Section 150. The Department of Innovation and Technology

Act is amended by changing Section 1-5 as follows:

(20 ILCS 1370/1-5)

Sec. 1-5. Definitions. In this Act:

"Bureau of Communications and Computer Services" means the

Bureau of Communications and Computer Services, also known as

the Bureau of Information and Communication Services, created

by rule (2 Illinois Administrative Code 750.40) within the

Department of Central Management Services.

"Client agency" means each transferring agency, or its

successor. When applicable, "client agency" may also include

any other public agency to which the Department provides

service to the extent specified in an interagency contract

with the public agency.

"Dedicated unit" means the dedicated bureau, division,

office, or other unit within a transferring agency that is

responsible for the information technology functions of the

transferring agency. For the Office of the Governor,

"dedicated unit" means the Information Technology Office, also

known as the Office of the Chief Information Officer. For the

Department of Central Management Services, "dedicated unit"

means the Bureau of Communications and Computer Services, also

known as the Bureau of Information and Communication Services.

"Department" means the Department of Innovation and

Technology.

"Information technology" means technology,

infrastructure, equipment, systems, software, networks, and

processes used to create, send, receive, and store electronic

or digital information, including, without limitation,

computer systems and telecommunication services and systems.

"Information technology" shall be construed broadly to

incorporate future technologies (such as sensors and balanced

private hybrid or public cloud posture tailored to the mission

of the agency) that change or supplant those in effect as of

the effective date of this Act.

"Information technology functions" means the development,

procurement, installation, retention, maintenance, operation,

possession, storage, and related functions of all information

technology.

"Information Technology Office" means the Information

Technology Office, also known as the Office of the Chief

Information Officer, within the Office of the Governor,

created by Executive Order 1999-05, or its successor.

"Legacy information technology division" means any

division, bureau, or other unit of a transferring agency which

has responsibility for information technology functions for

the agency prior to the transfer of those functions to the

Department, including, without limitation, the Bureau of

Communications and Computer Services.

"Secretary" means the Secretary of Innovation and

Technology.

"State agency" means each State agency, department, board,

and commission directly responsible to the Governor.

"Transferring agency" means the Department on Aging; the

Departments of Agriculture, Central Management Services,

Children and Family Services, Commerce and Economic

Opportunity, Corrections, Employment Security, Financial and

Professional Regulation, Healthcare and Family Services, Human

Rights, Human Services, Insurance, Juvenile Justice, Labor,

Lottery, Military Affairs, Natural Resources, Public Health,

Revenue, State Police, Transportation, and Veterans' Affairs;

the Illinois State Police; the Capital Development Board; the

Deaf and Hard of Hearing Commission; the Environmental

Protection Agency; the Governor's Office of Management and

Budget; the Guardianship and Advocacy Commission; the Historic

Preservation Agency; the Illinois Arts Council; the Illinois

Council on Developmental Disabilities; the Illinois Emergency

Management Agency; the Illinois Gaming Board; the Illinois

Health Information Exchange Authority; the Illinois Liquor

Control Commission; the Illinois Technology Office; the Office

of the State Fire Marshal; and the Prisoner Review Board.

"Transferring agency" does not include a State constitutional

office, the Office of the Executive Inspector General, or any

office of the legislative or judicial branches of State

government.

(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)

Section 155. The Department of Labor Law of the Civil

Administrative Code of Illinois is amended by changing Section

1505-200 as follows:

(20 ILCS 1505/1505-200) (was 20 ILCS 1505/43.21)

Sec. 1505-200. Criminal history record information.

Whenever the Department is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

any information contained in State files that is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 160. The Illinois Lottery Law is amended by

changing Sections 10.4 and 21.10 as follows:

(20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)

Sec. 10.4. Every person who shall violate the provisions

of Section 10.3, or who does not segregate and keep separate

and apart from all other funds and assets, all proceeds from

the sale of lottery tickets received by a person in the

capacity of a sales agent, shall upon conviction thereof be

guilty of a Class 4 felony. The provisions of this Section

shall be enforced by the Illinois Department of State Police

and prosecuted by the Attorney General.

(Source: P.A. 85-183; 86-1475.)

(20 ILCS 1605/21.10)

Sec. 21.10. Scratch-off for State police memorials.

(a) The Department shall offer a special instant

scratch-off game for the benefit of State police memorials.

The game shall commence on January 1, 2019 or as soon

thereafter, at the discretion of the Director, as is

reasonably practical. The operation of the game shall be

governed by this Act and any rules adopted by the Department.

If any provision of this Section is inconsistent with any

other provision of this Act, then this Section governs.

(b) The net revenue from the State police memorials

scratch-off game shall be deposited into the Criminal Justice

Information Projects Fund and distributed equally, as soon as

practical but at least on a monthly basis, to the Chicago

Police Memorial Foundation Fund, the Police Memorial Committee

Fund, and the Illinois State Police Memorial Park Fund. Moneys

transferred to the funds under this Section shall be used,

subject to appropriation, to fund grants for building and

maintaining memorials and parks; holding annual memorial

commemorations; giving scholarships to children of officers

killed or catastrophically injured in the line of duty, or

those interested in pursuing a career in law enforcement;

providing financial assistance to police officers and their

families when a police officer is killed or injured in the line

of duty; and providing financial assistance to officers for

the purchase or replacement of bulletproof vests to be used in

the line of duty.

For purposes of this subsection, "net revenue" means the

total amount for which tickets have been sold less the sum of

the amount paid out in the prizes and the actual

administrative expenses of the Department solely related to

the scratch-off game under this Section.

(c) During the time that tickets are sold for the State

police memorials scratch-off game, the Department shall not

unreasonably diminish the efforts devoted to marketing any

other instant scratch-off lottery game.

(d) The Department may adopt any rules necessary to

implement and administer the provisions of this Section.

(Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)

Section 165. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing Section

4.2 as follows:

(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)

Sec. 4.2. Facility staff.

(a) The Department shall describe and delineate guidelines

for each of the facilities it operates regarding the number

and qualifications of the staff required to carry out

prescribed duties. The guidelines shall be based on

consideration of recipient needs as well as professional and

programmatic requirements, including those established for

purposes of national accreditation and for certification under

Titles XVIII and XIX of the federal Social Security Act.

(b) As used in this Section, "direct care position" means

any position with the Department in which the job titles which

will regularly or temporarily entail contact with recipients

in the Department's facilities for persons with a mental

illness or a developmental disability.

(c) The Department shall require that each candidate for

employment in a direct care position, as a condition of

employment, shall submit to a fingerprint-based criminal

background investigation to determine whether the candidate

for employment in a direct care position has ever been charged

with a crime and, if so, the disposition of those charges. This

authorization shall indicate the scope of the inquiry and the

agencies which may be contacted. Upon this authorization, the

Director (or, on or after July 1, 1997, the Secretary) shall

request and receive information and assistance from any

federal, State or local governmental agency as part of the

authorized investigation. The Illinois Department of State

Police shall provide information concerning any criminal

charges, and their disposition, now or hereafter filed against

a candidate for employment in a direct care position upon

request of the Department when the request is made in the form

and manner required by the Illinois Department of State

Police.

Information concerning convictions of a candidate for

employment in a direct care position investigated under this

Section, including the source of the information and any

conclusions or recommendations derived from the information,

shall be provided, upon request, to the candidate for

employment in a direct care position before final action by

the Department on the application. Information on convictions

of a candidate for employment in a direct care position under

this Act shall be provided to the director of the employing

unit, and, upon request, to the candidate for employment in a

direct care position. Any information concerning criminal

charges and the disposition of those charges obtained by the

Department shall be confidential and may not be transmitted

outside the Department, except as required in this Act, and

may not be transmitted to anyone within the Department except

as needed for the purpose of evaluating an application of a

candidate for employment in a direct care position. Only

information and standards which bear a reasonable and rational

relation to the performance of a direct care position shall be

used by the Department. Any employee of the Department or the

Illinois Department of State Police receiving confidential

information under this Section who gives or causes to be given

any confidential information concerning any criminal

convictions of a candidate for employment in a direct care

position shall be guilty of a Class A misdemeanor unless

release of the information is authorized by this Section.

A Department employing unit may hire, on a probationary

basis, any candidate for employment in a direct care position,

authorizing a criminal background investigation under this

Section, pending the result of the investigation. A candidate

for employment in a direct care position shall be notified

before he or she is hired that his or her employment may be

terminated on the basis of criminal background information

obtained by the employing unit.

No person may be employed in a direct care position who

refuses to authorize an investigation as required by this

subsection (c).

(Source: P.A. 92-218, eff. 1-1-02.)

Section 170. The Department of Human Services (Mental

Health and Developmental Disabilities) Law of the Civil

Administrative Code of Illinois is amended by changing Section

1710-75 as follows:

(20 ILCS 1710/1710-75) (was 20 ILCS 1710/53 in part)

Sec. 1710-75. Criminal history record information.

Whenever the Department is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 175. The Department of Natural Resources (Mines

and Minerals) Law of the Civil Administrative Code of Illinois

is amended by changing Section 1905-150 as follows:

(20 ILCS 1905/1905-150) (was 20 ILCS 1905/45 in part)

Sec. 1905-150. Criminal history record information.

Whenever the Department is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 180. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Sections 2105-15 and 2105-20 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers

and duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations;

provided, that no school, college, or university, or

department of a university, or other institution that

refuses admittance to applicants solely on account of

race, color, creed, sex, sexual orientation, or national

origin shall be considered reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard

to licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall refuse to issue or renew a

license to, or shall suspend or revoke a license of, any

person who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified

by a court as being in violation of the Non-Support

Punishment Act for more than 60 days. The Department may,

however, issue a license or renewal if the person has

established a satisfactory repayment record as determined

by the Department of Healthcare and Family Services

(formerly Illinois Department of Public Aid) or if the

person is determined by the court to be in compliance with

the Non-Support Punishment Act. The Department may

implement this paragraph as added by Public Act 89-6

through the use of emergency rules in accordance with

Section 5-45 of the Illinois Administrative Procedure Act.

For purposes of the Illinois Administrative Procedure Act,

the adoption of rules to implement this paragraph shall be

considered an emergency and necessary for the public

interest, safety, and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands

when the transfer, acquisition, or acceptance is

advantageous to the State and is approved in writing by

the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to

the Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Professional Regulation shall

not be liable under any federal or State law to any person

for any disclosure of information to the Department of

Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.3) To exchange information with the Department of

Human Rights regarding recommendations received under

paragraph (B) of Section 8-109 of the Illinois Human

Rights Act regarding a licensee or candidate for licensure

who has committed a civil rights violation that may lead

to the refusal, suspension, or revocation of a license

from the Department.

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving delinquency in complying

with a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) (Blank).

(c) For the purpose of securing and preparing evidence,

and for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts

appropriated for that purpose. Those sums may be advanced to

the agent when the Director deems that procedure to be in the

public interest. Sums for the purchase of controlled

substances, professional services, and equipment necessary for

enforcement activities and other activities as set forth in

this Section shall be advanced to the agent who is to make the

purchase from the Professional Regulation Evidence Fund on

vouchers signed by the Director. The Director and those agents

are authorized to maintain one or more commercial checking

accounts with any State banking corporation or corporations

organized under or subject to the Illinois Banking Act for the

deposit and withdrawal of moneys to be used for the purposes

set forth in this Section; provided, that no check may be

written nor any withdrawal made from any such account except

upon the written signatures of 2 persons designated by the

Director to write those checks and make those withdrawals.

Vouchers for those expenditures must be signed by the

Director. All such expenditures shall be audited by the

Director, and the audit shall be submitted to the Department

of Central Management Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of

the Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(f-5) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall allow an applicant to provide his or her

individual taxpayer identification number as an alternative to

providing a social security number when applying for a

license.

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed to file a return, or to

pay the tax, penalty, or interest shown in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois

Department of Revenue, until such time as the requirement of

any such tax Act are satisfied; however, the Department may

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the Illinois

Department of Revenue. For the purpose of this Section,

"satisfactory repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall

advise the licensee that the suspension shall be effective 60

days after the issuance of the Department's order unless the

Department receives, from the licensee, a request for a

hearing before the Department to dispute the matters contained

in the order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the

Patients' Right to Know Act. The use of the title "Retired"

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) The Department shall make available on its website

general information explaining how the Department utilizes

criminal history information in making licensure application

decisions, including a list of enumerated offenses that serve

as a statutory bar to licensure.

(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;

100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.

1-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)

(20 ILCS 2105/2105-20)

Sec. 2105-20. Criminal history records checks. Licensees

or applicants applying for expedited licensure through an

interstate compact enacted into law by the General Assembly,

including, but not limited to, the Interstate Medical

Licensure Compact Act, who have designated Illinois as the

principal state of licensure for the purposes of the compact

shall have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants or

licensees a fee for conducting the criminal history records

check, which shall be deposited into the State Police Services

Fund and shall not exceed the actual cost of the records check.

The Illinois Department of State Police shall furnish,

pursuant to positive identification, records of Illinois

convictions to the Department. The Department may require

applicants or licensees to pay a separate fingerprinting fee,

either to the Department or to a vendor designated or approved

by the Department. The Department, in its discretion, may

allow an applicant or licensee who does not have reasonable

access to a designated vendor to provide his or her

fingerprints in an alternative manner. The Department may

adopt any rules necessary to implement this Section.

Communication between the Department and an interstate compact

governing body, including, but not limited to, the Interstate

Commission as defined in Section 180 of the Interstate Medical

Licensure Compact Act, may not include information received

from the Federal Bureau of Investigation relating to a State

and federal criminal history records check.

(Source: P.A. 100-230, eff. 8-18-17.)

Section 185. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by changing Sections 2310-185 and 2310-376 as follows:

(20 ILCS 2310/2310-185) (was 20 ILCS 2310/55.51)

Sec. 2310-185. Criminal history record information.

Whenever the Department is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files that is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2310/2310-376)

Sec. 2310-376. Hepatitis education and outreach.

(a) The Illinois General Assembly finds and declares the

following:

(1) The World Health Organization characterizes

hepatitis as a disease of primary concern to humanity.

(2) Hepatitis is considered a silent killer; no

recognizable signs or symptoms occur until severe liver

damage has occurred.

(3) Studies indicate that nearly 4 million Americans

(1.8 percent of the population) carry the virus HCV that

causes the disease.

(4) 30,000 acute new infections occur each year in the

United States, and only 25 to 30 percent are diagnosed.

(5) 8,000 to 10,000 Americans die from the disease

each year.

(6) 200,000 Illinois residents may be carriers and

could develop the debilitating and potentially deadly

liver disease.

(7) Inmates of correctional facilities have a higher

incidence of hepatitis and, upon their release, present a

significant health risk to the general population.

(8) Illinois members of the armed services are subject

to an increased risk of contracting hepatitis due to their

possible receipt of contaminated blood during a

transfusion occurring for the treatment of wounds and due

to their service in areas of the World where the disease is

more prevalent and healthcare is less capable of detecting

and treating the disease. Many of these service members

are unaware of the danger of hepatitis and their increased

risk of contracting the disease.

(b) Subject to appropriation, the Department shall conduct

an education and outreach campaign, in addition to its overall

effort to prevent infectious disease in Illinois, in order to

raise awareness about and promote prevention of hepatitis.

(c) Subject to appropriation, in addition to the education

and outreach campaign provided in subsection (b), the

Department shall develop and make available to physicians,

other health care providers, members of the armed services,

and other persons subject to an increased risk of contracting

hepatitis, educational materials, in written and electronic

forms, on the diagnosis, treatment, and prevention of the

disease. These materials shall include the recommendations of

the federal Centers for Disease Control and Prevention and any

other persons or entities determined by the Department to have

particular expertise on hepatitis, including the American

Liver Foundation. These materials shall be written in terms

that are understandable by members of the general public.

(d) The Department shall establish an Advisory Council on

Hepatitis to develop a hepatitis prevention plan. The

Department shall specify the membership, members' terms,

provisions for removal of members, chairmen, and purpose of

the Advisory Council. The Advisory Council shall consist of

one representative from each of the following State agencies

or offices, appointed by the head of each agency or office:

(1) The Department of Public Health.

(2) The Department of Public Aid.

(3) The Department of Corrections.

(4) The Department of Veterans' Affairs.

(5) The Department on Aging.

(6) The Department of Human Services.

(7) The Illinois Department of State Police.

(8) The office of the State Fire Marshal.

The Director shall appoint representatives of

organizations and advocates in the State of Illinois,

including, but not limited to, the American Liver Foundation.

The Director shall also appoint interested members of the

public, including consumers and providers of health services

and representatives of local public health agencies, to

provide recommendations and information to the members of the

Advisory Council. Members of the Advisory Council shall serve

on a voluntary, unpaid basis and are not entitled to

reimbursement for mileage or other costs they incur in

connection with performing their duties.

(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)

Section 190. The Department of Revenue Law of the Civil

Administrative Code of Illinois is amended by changing Section

2505-675 as follows:

(20 ILCS 2505/2505-675) (was 20 ILCS 2505/39b50)

Sec. 2505-675. Whenever the Department is authorized or

required by law to consider some aspect of criminal history

record information for the purpose of carrying out its

statutory powers and responsibilities, then, upon request and

payment of fees in conformance with the requirements of

Section 2605-400 of the Illinois Department of State Police

Law (20 ILCS 2605/2605-400), the Illinois Department of State

Police is authorized to furnish, pursuant to positive

identification, the information contained in State files that

is necessary to fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 195. The Department of State Police Law of the

Civil Administrative Code of Illinois is amended by changing

the heading of Article 2605 and Sections 2605-1, 2605-5,

2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50,

2605-52, 2605-54, 2605-55, 2605-75, 2605-190, 2605-200,

2605-211, 2605-212, 2605-220, 2605-250, 2605-305, 2605-315,

2605-320, 2605-325, 2605-327, 2605-330, 2605-335, 2605-340,

2605-345, 2605-355, 2605-375, 2605-377, 2605-378, 2605-380,

2605-400, 2605-405, 2605-407, 2605-410, 2605-420, 2605-475,

2605-480, 2605-485, 2605-505, 2605-550, 2605-575, 2605-585,

2605-590, 2605-595, 2605-600, 2605-605, and 2605-610 and by

adding Section 2605-51 as follows:

(20 ILCS 2605/Art. 2605 heading)

ARTICLE 2605. ILLINOIS DEPARTMENT OF STATE POLICE

(20 ILCS 2605/2605-1)

Sec. 2605-1. Article short title. This Article 2605 of the

Civil Administrative Code of Illinois may be cited as the

Illinois Department of State Police Law (formerly the

Department of State Police Law).

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-5)

Sec. 2605-5. Definitions. In this Law:

"Department" means the Department of State Police.

"Director" means the Director of the Illinois State

Police.

"Missing endangered senior" means an individual 65 years

of age or older or a person with Alzheimer's disease or related

dementias who is reported missing to a law enforcement agency

and is, or is believed to be:

(1) a temporary or permanent resident of Illinois;

(2) at a location that cannot be determined by an

individual familiar with the missing individual; and

(3) incapable of returning to the individual's

residence without assistance.

(Source: P.A. 96-442, eff. 1-1-10.)

(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)

Sec. 2605-10. Powers and duties, generally.

(a) The Illinois State Police shall exercise the rights,

powers, and duties that have been vested in the Illinois State

Police by the following:

The Illinois State Police Act.

The Illinois State Police Radio Act.

The Criminal Identification Act.

The Illinois Vehicle Code.

The Firearm Owners Identification Card Act.

The Firearm Concealed Carry Act.

The Gun Dealer Licensing Act.

The Intergovernmental Missing Child Recovery Act of 1984.

The Intergovernmental Drug Laws Enforcement Act.

The Narcotic Control Division Abolition Act.

(b) The Illinois State Police Department shall have the

powers and duties set forth in the following Sections.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)

Sec. 2605-25. Illinois State Police Department divisions.

(a) The Illinois State Police Department is divided into

the Division of Statewide 9-1-1, the Division of Patrol

Operations, the Division of Criminal Investigation, the

Division of Forensic Services, the Division of Justice

Services, the Division of the Academy and Training, and the

Division of Internal Investigation Illinois State Police

Academy, the Office of the Statewide 9-1-1 Administrator, and

4 divisions: the Division of Operations, the Division of

Forensic Services, the Division of Justice Services, and the

Division of Internal Investigation.

(b) The Office of the Director shall:

(1) Exercise the rights, powers, and duties vested in

the Illinois State Police Department by the Governor's

Office of Management and Budget Act.

(2) Exercise the rights, powers, and duties vested in

the Illinois State Police Department by the Personnel

Code.

(3) Exercise the rights, powers, and duties vested in

the Illinois State Police Department by "An Act relating

to internal auditing in State government", approved August

11, 1967 (repealed; now the Fiscal Control and Internal

Auditing Act).

(Source: P.A. 101-378, eff. 1-1-20.)

(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)

Sec. 2605-30. Division of Patrol Operations (formerly

State Troopers). The Division of Patrol Operations shall

exercise the following functions and those in Section 2605-35:

(1) Cooperate with federal and State authorities

requesting utilization of the Illinois State Police's

Department's radio network system under the Illinois

Aeronautics Act.

(2) Exercise the rights, powers, and duties of the

Illinois State Police under the Illinois State Police Act.

(3) (Blank) Exercise the rights, powers, and duties

vested by law in the Department by the State Police Radio

Act.

(4) Exercise the rights, powers, and duties of the

Illinois State Police Department vested by law in the

Department and the Illinois State Police by the Illinois

Vehicle Code.

(5) Exercise other duties that have been or may be

vested by law in the Illinois State Police.

(6) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and to

achieve the purposes of the Illinois State Police

Department.

(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Operations (formerly Criminal

Investigation).

(a) The Division of Criminal Investigation Operations

shall exercise the following functions and those in Section

2605-30:

(1) Exercise the rights, powers, and duties vested by

law in the Illinois State Police Department by the

Illinois Horse Racing Act of 1975, including those set

forth in Section 2605-215.

(2) Investigate the origins, activities, personnel,

and incidents of crime and enforce the criminal laws of

this State related thereto.

(3) Enforce all laws regulating the production, sale,

prescribing, manufacturing, administering, transporting,

having in possession, dispensing, delivering,

distributing, or use of controlled substances and

cannabis.

(4) Cooperate with the police of cities, villages, and

incorporated towns and with the police officers of any

county in enforcing the laws of the State and in making

arrests and recovering property.

(5) Apprehend and deliver up any person charged in

this State or any other state with treason or a felony or

other crime who has fled from justice and is found in this

State.

(6) Investigate recipients and providers under the

Illinois Public Aid Code and any personnel involved in the

administration of the Code who are suspected of any

violation of the Code pertaining to fraud in the

administration, receipt, or provision of assistance and

pertaining to any violation of criminal law; and exercise

the functions required under Section 2605-220 in the

conduct of those investigations.

(7) Conduct other investigations as provided by law.

(8) Investigate public corruption. Exercise the powers

and perform the duties that have been vested in the

Department by the Sex Offender Registration Act and the

Sex Offender Community Notification Law; and promulgate

reasonable rules and regulations necessitated thereby.

(9) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police, which

may include the coordination of gang, terrorist, and

organized crime prevention, control activities, and

assisting local law enforcement in their crime control

activities Department.

(b) (Blank) There is hereby established in the Division of

Operations the Office of Coordination of Gang Prevention,

hereafter referred to as the Office.

The Office shall consult with units of local government

and school districts to assist them in gang control activities

and to administer a system of grants to units of local

government and school districts that, upon application, have

demonstrated a workable plan to reduce gang activity in their

area. The grants shall not include reimbursement for

personnel, nor shall they exceed 75% of the total request by

any applicant. The grants may be calculated on a proportional

basis, determined by funds available to the Department for

this purpose. The Department has the authority to promulgate

appropriate rules and regulations to administer this program.

The Office shall establish mobile units of trained

personnel to respond to gang activities.

The Office shall also consult with and use the services of

religious leaders and other celebrities to assist in gang

control activities.

The Office may sponsor seminars, conferences, or any other

educational activity to assist communities in their gang crime

control activities.

(Source: P.A. 94-945, eff. 6-27-06.)

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services. The Division

of Forensic Services shall exercise the following functions:

(1) Provide crime scene services and traffic crash

reconstruction. (Blank).

(2) Exercise the rights, powers, and duties vested by

law in the Illinois State Police Department by Section

2605-300 of this Law.

(3) Provide assistance to local law enforcement

agencies through training, management, and consultant

services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the

Director in order to fulfill the responsibilities and

achieve the purposes of the Illinois State Police

Department.

(6) Establish and operate a forensic science

laboratory system, including a forensic toxicological

laboratory service, for the purpose of testing specimens

submitted by coroners and other law enforcement officers

in their efforts to determine whether alcohol, drugs, or

poisonous or other toxic substances have been involved in

deaths, accidents, or illness. Forensic toxicological

laboratories shall be established in Springfield, Chicago,

and elsewhere in the State as needed.

(6.5) Establish administrative rules in order to set

forth standardized requirements for the disclosure of

toxicology results and other relevant documents related to

a toxicological analysis. These administrative rules are

to be adopted to produce uniform and sufficient

information to allow a proper, well-informed determination

of the admissibility of toxicology evidence and to ensure

that this evidence is presented competently. These

administrative rules are designed to provide a minimum

standard for compliance of toxicology evidence and are is

not intended to limit the production and discovery of

material information. These administrative rules shall be

submitted by the Department of State Police into the

rulemaking process under the Illinois Administrative

Procedure Act on or before June 30, 2017.

(7) Subject to specific appropriations made for these

purposes, establish and coordinate a system for providing

accurate and expedited forensic science and other

investigative and laboratory services to local law

enforcement agencies and local State's Attorneys in aid of

the investigation and trial of capital cases.

(Source: P.A. 101-378, eff. 1-1-20.)

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Justice Services. The Division

of Justice Services shall exercise the following functions:

(1) Operate and maintain the Law Enforcement Agencies

Data System (LEADS), a statewide, computerized

telecommunications system designed to provide services,

information, and capabilities to the law enforcement and

criminal justice community in the State of Illinois. The

Director is responsible for establishing policy,

procedures, and regulations consistent with State and

federal rules, policies, and law by which LEADS operates.

The Director shall designate a statewide LEADS

Administrator for management of the system. The Director

may appoint a LEADS Advisory Policy Board to reflect the

needs and desires of the law enforcement and criminal

justice community and to make recommendations concerning

policies and procedures. (Blank).

(2) Pursue research and the publication of studies

pertaining to local law enforcement activities.

(3) Serve as the State's point of contact for the

Federal Bureau of Investigation's Uniform Crime Reporting

Program and National Incident-Based Reporting System

(Blank).

(4) Operate an electronic data processing and computer

center for the storage and retrieval of data pertaining to

criminal activity.

(5) Exercise the rights, powers, and duties vested in

the Illinois State Police by the Cannabis Regulation and

Tax Act and the Compassionate Use of Medical Cannabis

Program Act former Division of State Troopers by Section

17 of the State Police Act.

(6) (Blank).

(6.5) Exercise the rights, powers, and duties vested

in the Illinois State Police Department by the Firearm

Owners Identification Card Act, the Firearm Concealed

Carry Act, and the Firearm Dealer License Certification

Act.

(7) Exercise other duties that may be assigned by the

Director to fulfill the responsibilities and achieve the

purposes of the Illinois State Police Department.

(8) Exercise the rights, powers, and duties vested by

law in the Illinois State Police Department by the

Criminal Identification Act.

(9) Exercise the powers and perform the duties that

have been vested in the Illinois State Police by the Sex

Offender Registration Act and the Sex Offender Community

Notification Law and adopt reasonable rules necessitated

thereby.

(Source: P.A. 101-378, eff. 1-1-20.)

(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)

Sec. 2605-50. Division of Internal Investigation. The

Division of Internal Investigation shall have jurisdiction and

initiate internal Illinois State Police departmental

investigations and, at the direction of the Governor,

investigate complaints and initiate investigations of official

misconduct by State officers and all State employees under the

jurisdiction of the Governor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-51 new)

Sec. 2605-51. Division of the Academy and Training.

(a) The Division of the Academy and Training shall

exercise, but not be limited to, the following functions:

(1) Oversee and operate the Illinois State Police

Training Academy.

(2) Train and prepare new officers for a career in law

enforcement, with innovative, quality training and

educational practices.

(3) Offer continuing training and educational programs

for Illinois State Police employees.

(4) Oversee the Illinois State Police's recruitment

initiatives.

(5) Oversee and operate the Illinois State Police's

quartermaster.

(6) Duties assigned to the Illinois State Police in

Article 5, Chapter 11 of the Illinois Vehicle Code

concerning testing and training officers on the detection

of impaired driving.

(7) Duties assigned to the Illinois State Police in

Article 108B of the Code of Criminal Procedure.

(b) The Division of the Academy and Training shall

exercise the rights, powers, and duties vested in the former

Division of State Troopers by Section 17 of the Illinois State

Police Act.

(c) Specialized training.

(1) Training; cultural diversity. The Division of the

Academy and Training shall provide training and continuing

education to State police officers concerning cultural

diversity, including sensitivity toward racial and ethnic

differences. This training and continuing education shall

include, but not be limited to, an emphasis on the fact

that the primary purpose of enforcement of the Illinois

Vehicle Code is safety and equal and uniform enforcement

under the law.

(2) Training; death and homicide investigations. The

Division of the Academy and Training shall provide

training in death and homicide investigation for State

police officers. Only State police officers who

successfully complete the training may be assigned as lead

investigators in death and homicide investigations.

Satisfactory completion of the training shall be evidenced

by a certificate issued to the officer by the Division of

the Academy and Training. The Director shall develop a

process for waiver applications for officers whose prior

training and experience as homicide investigators may

qualify them for a waiver. The Director may issue a

waiver, at his or her discretion, based solely on the

prior training and experience of an officer as a homicide

investigator.

(3) Training; police dog training standards. All

police dogs used by the Illinois State Police for drug

enforcement purposes pursuant to the Cannabis Control Act,

the Illinois Controlled Substances Act, and the

Methamphetamine Control and Community Protection Act shall

be trained by programs that meet the certification

requirements set by the Director or the Director's

designee. Satisfactory completion of the training shall be

evidenced by a certificate issued by the Division of the

Academy and Training.

(4) Training; post-traumatic stress disorder. The

Division of the Academy and Training shall conduct or

approve a training program in post-traumatic stress

disorder for State police officers. The purpose of that

training shall be to equip State police officers to

identify the symptoms of post-traumatic stress disorder

and to respond appropriately to individuals exhibiting

those symptoms.

(5) Training; opioid antagonists. The Division of the

Academy and Training shall conduct or approve a training

program for State police officers in the administration of

opioid antagonists as defined in paragraph (1) of

subsection (e) of Section 5-23 of the Substance Use

Disorder Act that is in accordance with that Section. As

used in this Section, "State police officers" includes

full-time or part-time State police officers,

investigators, and any other employee of the Illinois

State Police exercising the powers of a peace officer.

(6) Training; sexual assault and sexual abuse.

(A) Every 3 years, the Division of the Academy and

Training shall present in-service training on sexual

assault and sexual abuse response and report writing

training requirements, including, but not limited to,

the following:

(i) recognizing the symptoms of trauma;

(ii) understanding the role trauma has played

in a victim's life;

(iii) responding to the needs and concerns of

a victim;

(iv) delivering services in a compassionate,

sensitive, and nonjudgmental manner;

(v) interviewing techniques in accordance with

the curriculum standards in this paragraph (6);

(vi) understanding cultural perceptions and

common myths of sexual assault and sexual abuse;

and

(vii) report writing techniques in accordance

with the curriculum standards in this paragraph

(6).

(B) This training must also be presented in all

full and part-time basic law enforcement academies.

(C) Instructors providing this training shall have

successfully completed training on evidence-based,

trauma-informed, victim-centered responses to cases of

sexual assault and sexual abuse and have experience

responding to sexual assault and sexual abuse cases.

(D) The Illinois State Police shall adopt rules,

in consultation with the Office of the Attorney

General and the Illinois Law Enforcement Training

Standards Board, to determine the specific training

requirements for these courses, including, but not

limited to, the following:

(i) evidence-based curriculum standards for

report writing and immediate response to sexual

assault and sexual abuse, including

trauma-informed, victim-centered interview

techniques, which have been demonstrated to

minimize retraumatization, for all State police

officers; and

(ii) evidence-based curriculum standards for

trauma-informed, victim-centered investigation

and interviewing techniques, which have been

demonstrated to minimize retraumatization, for

cases of sexual assault and sexual abuse for all

State police officers who conduct sexual assault

and sexual abuse investigations.

(7) Training; human trafficking. The Division of the

Academy and Training shall conduct or approve a training

program in the detection and investigation of all forms of

human trafficking, including, but not limited to,

involuntary servitude under subsection (b) of Section 10-9

of the Criminal Code of 2012, involuntary sexual servitude

of a minor under subsection (c) of Section 10-9 of the

Criminal Code of 2012, and trafficking in persons under

subsection (d) of Section 10-9 of the Criminal Code of

2012. This program shall be made available to all cadets

and State police officers.

(8) Training; hate crimes. The Division of the Academy

and Training shall provide training for State police

officers in identifying, responding to, and reporting all

hate crimes.

(20 ILCS 2605/2605-52)

Sec. 2605-52. Division of Statewide 9-1-1 Office of the

Statewide 9-1-1 Administrator.

(a) There shall be established an Office of the Statewide

9-1-1 Administrator within the Division of Statewide 9-1-1

Department. Beginning January 1, 2016, the Office of the

Statewide 9-1-1 Administrator shall be responsible for

developing, implementing, and overseeing a uniform statewide

9-1-1 system for all areas of the State outside of

municipalities having a population over 500,000.

(b) The Governor shall appoint, with the advice and

consent of the Senate, a Statewide 9-1-1 Administrator. The

Administrator shall serve for a term of 2 years, and until a

successor is appointed and qualified; except that the term of

the first 9-1-1 Administrator appointed under this Act shall

expire on the third Monday in January, 2017. The Administrator

shall not hold any other remunerative public office. The

Administrator shall receive an annual salary as set by the

Governor.

(c) The Illinois State Police Department, from

appropriations made to it for that purpose, shall make grants

to 9-1-1 Authorities for the purpose of defraying costs

associated with 9-1-1 system consolidations awarded by the

Administrator under Section 15.4b of the Emergency Telephone

System Act.

(d) Division of Statewide 9-1-1 shall exercise the rights,

powers, and duties vested by law in the Illinois State Police

by the State Police Radio Act.

(e) The Division of Statewide 9-1-1 shall also conduct the

following communication activities:

(1) Acquire and operate one or more radio broadcasting

stations in the State to be used for police purposes.

(2) Operate a statewide communications network to

gather and disseminate information for law enforcement

agencies.

(3) Undertake other communication activities that may

be required by law.

(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)

(20 ILCS 2605/2605-54)

Sec. 2605-54. Training policy; persons arrested while

under the influence of alcohol or drugs. The Illinois State

Police Department shall adopt a policy and provide training to

State Police officers concerning response and care for persons

under the influence of alcohol or drugs. The policy shall be

consistent with the Substance Use Disorder Act and shall

provide guidance for the arrest of persons under the influence

of alcohol or drugs, proper medical attention if warranted,

and care and release of those persons from custody. The policy

shall provide guidance concerning the release of persons

arrested under the influence of alcohol or drugs who are under

the age of 21 years of age which shall include, but not be

limited to, language requiring the arresting officer to make a

reasonable attempt to contact a responsible adult who is

willing to take custody of the person who is under the

influence of alcohol or drugs.

(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)

(20 ILCS 2605/2605-55)

Sec. 2605-55. Badges. The Director must authorize to each

State trooper, police officer, and investigator and to any

other employee of the Illinois State Police Department

exercising the powers of a peace officer a distinct badge

that, on its face, (i) clearly states that the badge is

authorized by the Illinois State Police Department and (ii)

contains a unique identifying number. No other badge shall be

authorized by the Illinois State Police Department.

(Source: P.A. 91-883, eff. 1-1-01.)

(20 ILCS 2605/2605-75) (was 20 ILCS 2605/55a in part)

Sec. 2605-75. Bilingual police officers. The Illinois

State Police Department may ascertain the number of bilingual

police officers and other personnel needed to provide services

in a language other than English and may establish, under

applicable personnel rules and Illinois State Police

Department guidelines or through a collective bargaining

agreement, a bilingual pay supplement program.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239; 1-1-00.)

(20 ILCS 2605/2605-190) (was 20 ILCS 2605/55a in part)

Sec. 2605-190. Other laws in relation to law enforcement.

To enforce and administer other laws in relation to law

enforcement to the extent that they vest any rights, powers,

or duties in the Illinois State Police Department.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)

Sec. 2605-200. Investigations of crime; enforcement of

laws; records; crime laboratories; personnel.

(a) To do the following:

(1) Investigate the origins, activities, personnel,

and incidents of crime and the ways and means to redress

the victims of crimes; study the impact, if any, of

legislation relative to the effusion of crime and growing

crime rates; and enforce the criminal laws of this State

related thereto.

(2) Enforce all laws regulating the production, sale,

prescribing, manufacturing, administering, transporting,

having in possession, dispensing, delivering,

distributing, or use of controlled substances and

cannabis.

(3) Employ skilled experts, scientists, technicians,

investigators, or otherwise specially qualified persons to

aid in preventing or detecting crime, apprehending

criminals, or preparing and presenting evidence of

violations of the criminal laws of the State.

(4) Cooperate with the police of cities, villages, and

incorporated towns and with the police officers of any

county in enforcing the laws of the State and in making

arrests and recovering property.

(5) Apprehend and deliver up any person charged in

this State or any other state of the United States with

treason or a felony or other crime who has fled from

justice and is found in this State.

(6) Conduct other investigations as provided by law.

(7) Be a central repository and custodian of criminal

statistics for the State.

(8) Be a central repository for criminal history

record information.

(9) Procure and file for record information that is

necessary and helpful to plan programs of crime

prevention, law enforcement, and criminal justice.

(10) Procure and file for record copies of

fingerprints that may be required by law.

(11) Establish general and field crime laboratories.

(12) Register and file for record information that may

be required by law for the issuance of firearm owner's

identification cards under the Firearm Owners

Identification Card Act and concealed carry licenses under

the Firearm Concealed Carry Act.

(13) Employ laboratory technicians and other specially

qualified persons to aid in the identification of criminal

activity and the identification, collection, and recovery

of cyber forensics, including but not limited to digital

evidence, and may employ polygraph operators.

(14) Undertake other identification, information,

laboratory, statistical, or registration activities that

may be required by law.

(b) Persons exercising the powers set forth in subsection

(a) within the Illinois State Police Department are

conservators of the peace and as such have all the powers

possessed by policemen in cities and sheriffs, except that

they may exercise those powers anywhere in the State in

cooperation with and after contact with the local law

enforcement officials. Those persons may use false or

fictitious names in the performance of their duties under this

Section, upon approval of the Director, and shall not be

subject to prosecution under the criminal laws for that use.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-211)

Sec. 2605-211. Protocol; methamphetamine; illegal

manufacture.

(a) The Illinois Department of State Police shall develop

a protocol to be followed in performing gross remediation of

clandestine laboratory sites not to exceed the standards

established by the United States Drug Enforcement

Administration.

(b) "Gross remediation" means the removal of any and all

identifiable clandestine laboratory ingredients and apparatus.

(c) The Illinois Department of State Police must post the

protocol on its official Web site.

(Source: P.A. 94-555, eff. 8-12-05.)

(20 ILCS 2605/2605-212)

Sec. 2605-212. Children; methamphetamine; protocol. The

Illinois State Police Department shall cooperate with the

Department of Children and Family Services and the State Board

of Education in developing the protocol required under Section

6.5 of the Children and Family Services Act. The Illinois

State Police Department must post the protocol on the official

Web site maintained by the Illinois State Police Department.

(Source: P.A. 94-554, eff. 1-1-06.)

(20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)

Sec. 2605-220. Public aid fraud investigations. The

Illinois State Police Department, through the Division of

Criminal Investigation Operations, shall investigate

recipients and providers under the Illinois Public Aid Code

and any personnel involved in the administration of the Code

who are suspected of any violations of the Code pertaining to

fraud in the administration, receipt, or provision of

assistance and pertaining to any violation of criminal law.

The Illinois State Police Department shall, in addition to

functions otherwise authorized by State and federal law,

exercise the following functions:

(1) Initiate investigations of suspected cases of

public aid fraud.

(2) Investigate cases of public aid fraud.

(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

(20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)

Sec. 2605-250. Obtaining evidence. To expend the sums the

Director deems necessary from contractual services

appropriations for the Illinois State Police Division of

Operations for the purchase of evidence and for the employment

of persons to obtain evidence. The sums shall be advanced to

agents authorized by the Director to expend funds, on vouchers

signed by the Director.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, eff.

1-1-01.)

(20 ILCS 2605/2605-305) (was 20 ILCS 2605/55a in part)

Sec. 2605-305. Statewide Organized Criminal Gang Database

(SWORD). The Illinois State Police Department may establish

and maintain, within the Illinois State Police Department, a

Statewide Organized Criminal Gang Database (SWORD) for the

purpose of tracking organized criminal gangs and their

memberships. Information in the database may include, but not

be limited to, the name, last known address, birth date,

physical descriptions (such as scars, marks, or tattoos),

officer safety information, organized gang affiliation, and

entering agency identifier. The Illinois State Police

Department may develop, in consultation with the Criminal

Justice Information Authority, and in a form and manner

prescribed by the Illinois State Police Department, an

automated data exchange system to compile, to maintain, and to

make this information electronically available to prosecutors

and to other law enforcement agencies. The information may be

used by authorized agencies to combat the operations of

organized criminal gangs statewide.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-315) (was 20 ILCS 2605/55a in part)

Sec. 2605-315. Criminal history record information for

Department of Children and Family Services. Upon the request

of the Department of Children and Family Services, the

Illinois Department of State Police shall provide properly

designated employees of the Department of Children and Family

Services with criminal history record information as defined

in the Illinois Uniform Conviction Information Act and

information maintained in the statewide central juvenile

records system as defined in Section 2605-355 if the

Department of Children and Family Services determines the

information is necessary to perform its duties under the

Abused and Neglected Child Reporting Act, the Child Care Act

of 1969, and the Children and Family Services Act. The request

shall be in the form and manner specified by the Illinois

Department of State Police.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-320)

Sec. 2605-320. Criminal history information for Department

of Human Services. Upon request of the Department of Human

Services, to conduct an assessment and evaluation of sexually

violent persons as mandated by the Sexually Violent Persons

Commitment Act, the Illinois State Police Department shall

furnish criminal history information maintained on the

requested person. The request shall be in the form and manner

specified by the Illinois State Police Department.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)

Sec. 2605-325. Conviction information for school board or

regional superintendent. On request of a school board or

regional superintendent of schools, to conduct a

fingerprint-based criminal history records check pursuant to

Section 10-21.9 or 34-18.5 of the School Code. The Illinois

State Police Department shall furnish the conviction

information to the president of the school board of the school

district that has requested the information or, if the

information was requested by the regional superintendent, to

that regional superintendent.

(Source: P.A. 93-909, eff. 8-12-04.)

(20 ILCS 2605/2605-327)

Sec. 2605-327. Conviction and sex offender information for

medical school. Upon the inquiry of a medical school under the

Medical School Matriculant Criminal History Records Check Act,

to ascertain whether a matriculant of the medical school has

been convicted of any violent felony or has been adjudicated a

sex offender.

The Illinois State Police Department shall make sex

offender information available to the inquiring medical school

through the Statewide Sex Offender Database. Medical schools

in this State must conduct an inquiry into the Statewide Sex

Offender Database on all matriculants as part of the

admissions process.

Pursuant to the Medical School Matriculant Criminal

History Records Check Act, the Illinois State Police

Department shall conduct a fingerprint-based criminal history

records check of the Illinois criminal history records

database and the Federal Bureau of Investigation criminal

history records database upon the request of a public medical

school. Pursuant to the Medical School Matriculant Criminal

History Records Check Act, the Illinois State Police

Department shall conduct a fingerprint-based, Illinois Uniform

Conviction Information Act check of the Illinois criminal

history records database upon the request of a private medical

school. The Illinois State Police Department may charge the

requesting public or private medical school a fee for

conducting the fingerprint-based criminal history records

check. The fee shall not exceed the cost of the inquiry and

shall be deposited into the State Police Services Fund.

(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)

(20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)

Sec. 2605-330. Firefighter applicant criminal history

records checks. Upon the request of the chief of a fire

department or the board of trustees of a fire protection

district, the Illinois State Police Department shall conduct

fingerprint-based criminal history records checks of both

State and Federal Bureau of Investigation criminal history

record databases concerning prospective firefighters and

report to the requesting chief or the board of trustees of a

fire protection district any conviction information about

those persons. The Illinois State Police Department may charge

the requesting chief or board of trustees a fee for conducting

the criminal history records check. The fee shall be deposited

into the State Police Services Fund and shall not exceed the

cost of the inquiry. The Illinois State Police Department may

prescribe the form and manner for requesting and furnishing

conviction information under this Section.

(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)

(20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)

Sec. 2605-335. Conviction information for private child

services organization. Upon the request of any private

organization that devotes a major portion of its time to the

provision of recreational, social, educational, or child

safety services to children, to conduct, pursuant to positive

identification, criminal background investigations of all of

that organization's current employees, current volunteers,

prospective employees, or prospective volunteers charged with

the care and custody of children during the provision of the

organization's services, and to report to the requesting

organization any record of convictions maintained in the

Illinois State Police's Department's files about those

persons. The Illinois State Police Department shall charge an

application fee, based on actual costs, for the dissemination

of conviction information pursuant to this Section. The

Illinois State Police Department is empowered to establish

this fee and shall prescribe the form and manner for

requesting and furnishing conviction information pursuant to

this Section.

Information received by the organization from the Illinois

State Police Department concerning an individual shall be

provided to the individual. Any such information obtained by

the organization shall be confidential and may not be

transmitted outside the organization and may not be

transmitted to anyone within the organization except as needed

for the purpose of evaluating the individual. Only information

and standards that bear a reasonable and rational relation to

the performance of child care shall be used by the

organization.

Any employee of the Illinois State Police Department or

any member, employee, or volunteer of the organization

receiving confidential information under this Section who

gives or causes to be given any confidential information

concerning any criminal convictions of an individual shall be

guilty of a Class A misdemeanor unless release of the

information is authorized by this Section.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)

Sec. 2605-340. Conviction information for private carrier

company under Metropolitan Transit Authority Act. Upon the

request of a private carrier company that provides

transportation under Section 28b of the Metropolitan Transit

Authority Act, to ascertain whether an applicant for a driver

position has been convicted of any criminal or drug offense

enumerated in that Section. The Illinois State Police

Department shall furnish the conviction information to the

private carrier company that requested the information.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-345)

Sec. 2605-345. Conviction information for financial

institutions. Upon the request of (i) an insured depository

institution, as defined by the Federal Deposit Insurance

Corporation Act, (ii) a depository institution holding

company, as defined by the Federal Deposit Insurance

Corporation Act, (iii) a foreign banking corporation, as

defined by the Foreign Banking Office Act, (iv) a corporate

fiduciary, as defined by the Corporate Fiduciary Act, (v) a

credit union, as defined in the Illinois Credit Union Act, or

(vi) a subsidiary of any entity listed in items (i) through (v)

of this Section (each such entity or subsidiary hereinafter

referred to as a "requesting institution"), to ascertain

whether any employee of the requesting institution, applicant

for employment by the requesting institution, or officer,

director, agent, institution-affiliated party, or any other

party who owns or controls, directly or indirectly, or

participates, directly or indirectly, in the affairs of the

requesting institution, has been convicted of a felony or of

any criminal offense relating to dishonesty, breach of trust,

or money laundering, the Illinois State Police Department

shall furnish the conviction information to the requesting

institution.

(Source: P.A. 97-1120, eff. 1-1-13.)

(20 ILCS 2605/2605-355) (was 20 ILCS 2605/55a in part)

Sec. 2605-355. Delinquent minors; statewide central

juvenile records system. To develop a separate statewide

central juvenile records system for persons arrested prior to

the age of 17 under Section 5-401 of the Juvenile Court Act of

1987 or adjudicated delinquent minors and to make information

available to local law enforcement officers so that law

enforcement officers will be able to obtain rapid access to

the background of the minor from other jurisdictions to the

end that the juvenile police officers can make appropriate

decisions that will best serve the interest of the child and

the community. The Illinois State Police Department shall

submit a quarterly report to the General Assembly and

Governor. The report shall contain the number of juvenile

records that the Illinois State Police Department has received

in that quarter and a list, by category, of offenses that

minors were arrested for or convicted of by age, race, and

gender.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)

Sec. 2605-375. Missing persons; Law Enforcement Agencies

Data System (LEADS).

(a) To utilize the establish and maintain a statewide Law

Enforcement Agencies Data System (LEADS) for the purpose of

providing electronic access by authorized entities to criminal

justice data repositories and effecting an immediate law

enforcement response to reports of missing persons, including

lost, missing or runaway minors, lost or missing individuals

with developmental or intellectual disabilities, and missing

endangered seniors. The Illinois State Police Department shall

implement an automatic data exchange system to compile, to

maintain, and to make available to other law enforcement

agencies for immediate dissemination data that can assist

appropriate agencies in recovering missing persons and provide

access by authorized entities to various data repositories

available through LEADS for criminal justice and related

purposes. To assist the Illinois State Police Department in

this effort, funds may be appropriated from the LEADS

Maintenance Fund. Funds may be appropriated from the LEADS

Maintenance Fund to the Illinois State Police Department to

finance any of its lawful purposes or functions in relation to

defraying the expenses associated with establishing,

maintaining, and supporting the issuance of electronic

citations.

(b) In exercising its duties under this Section, the

Illinois State Police Department shall provide a uniform

reporting format (LEADS) for the entry of pertinent

information regarding the report of a missing person into

LEADS. The report must include all of the following:

(1) Relevant information obtained from the

notification concerning the missing person, including all

of the following:

(A) a physical description of the missing person;

(B) the date, time, and place that the missing

person was last seen; and

(C) the missing person's address.

(2) Information gathered by a preliminary

investigation, if one was made.

(3) A statement by the law enforcement officer in

charge stating the officer's assessment of the case based

on the evidence and information received.

(b-5) The Illinois Department of State Police shall:

(1) Develop and implement a policy whereby a statewide

or regional alert would be used in situations relating to

the disappearances of individuals, based on criteria and

in a format established by the Illinois State Police

Department. Such a format shall include, but not be

limited to, the age of the missing person and the

suspected circumstance of the disappearance.

(2) Notify all law enforcement agencies that reports

of missing persons shall be entered as soon as the minimum

level of data specified by the Illinois State Police

Department is available to the reporting agency and that

no waiting period for the entry of the data exists.

(3) Compile and retain information regarding lost,

abducted, missing, or runaway minors in a separate data

file, in a manner that allows that information to be used

by law enforcement and other agencies deemed appropriate

by the Director, for investigative purposes. The

information shall include the disposition of all reported

lost, abducted, missing, or runaway minor cases.

(4) Compile and maintain an historic data repository

relating to lost, abducted, missing, or runaway minors and

other missing persons, including, but not limited to, lost

or missing individuals with developmental or intellectual

disabilities and missing endangered seniors, in order to

develop and improve techniques utilized by law enforcement

agencies when responding to reports of missing persons.

(5) Create a quality control program regarding

confirmation of missing person data, timeliness of entries

of missing person reports into LEADS, and performance

audits of all entering agencies.

(c) The Illinois Law Enforcement Training Standards Board

shall conduct a training program for law enforcement personnel

of local governmental agencies in the Missing Persons

Identification Act.

(d) The Illinois Department of State Police shall perform

the duties prescribed in the Missing Persons Identification

Act, subject to appropriation.

(Source: P.A. 100-662, eff. 1-1-19.)

(20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)

Sec. 2605-377. Department of Healthcare and Family

Services; LEADS access.

(a) The Department of Healthcare and Family Services is an

authorized entity under this Law for the purpose of exchanging

information, in the form and manner required by the Illinois

Department of State Police, to facilitate the location of

individuals for establishing paternity, and establishing,

modifying, and enforcing child support obligations, pursuant

to the Illinois Public Aid Code and Title IV, Part D of the

Social Security Act.

(b) The Department of Healthcare and Family Services is an

authorized entity under this Section for the purpose of

obtaining access to various data repositories available

through LEADS, to facilitate the location of individuals for

establishing paternity, and establishing, modifying, and

enforcing child support obligations, pursuant to the Illinois

Public Aid Code and Title IV, Part D of the Social Security

Act. The Illinois State Police Department shall enter into an

agreement with the Department of Healthcare and Family

Services consistent with these purposes.

(Source: P.A. 95-331, eff. 8-21-07.)

(20 ILCS 2605/2605-378)

Sec. 2605-378. I-CLEAR. The Illinois Department of State

Police shall provide for the entry into the Illinois Citizens

and Law Enforcement Analysis and Reporting System (I-CLEAR) of

the names and addresses of arsonists as defined in the

Arsonist Registration Act who are required to register under

that Act. The information shall be immediately accessible to

law enforcement agencies and peace officers of this State or

any other state or of the federal government. Similar

information may be requested from any other state or of the

federal government for the purposes of that Act.

(Source: P.A. 93-949, eff. 1-1-05.)

(20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)

Sec. 2605-380. Dental records. The Illinois State Police

Department shall do the following:

(1) Coordinate State participation in a national

central repository for dental records of missing persons

and unidentified dead bodies.

(2) Receive and file dental records submitted by

county medical examiners and coroners from unidentified

dead bodies and submitted by law enforcement agencies from

persons reported missing for more than 30 days.

(3) Provide information from the file on possible

identifications resulting from the comparison of dental

records submitted with those records on file, to county

medical examiners, coroners, and law enforcement agencies.

(4) Expunge the dental records of those missing

persons who are found, and expunge from the file the

dental records of missing persons who are positively

identified as a result of comparisons made with this file

or the files maintained by other states, territories,

insular possessions of the United States, or the United

States.

(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

(20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)

Sec. 2605-400. Fees; State Police Services Fund; audit.

(a) To charge, collect, and receive fees or moneys

equivalent to the cost of providing Illinois State Police

Department personnel, equipment, and services to local

governmental agencies when explicitly requested by a local

governmental agency and pursuant to an intergovernmental

agreement as provided by this Law, other State agencies, and

federal agencies, including but not limited to fees or moneys

equivalent to the cost of providing dispatching services,

radio and radar repair, and training to local governmental

agencies on terms and conditions that in the judgment of the

Director are in the best interest of the State; and to

establish, charge, collect, and receive fees or moneys based

on the cost of providing responses to requests for criminal

history record information pursuant to positive identification

and any Illinois or federal law authorizing access to some

aspect of that information and to prescribe the form and

manner for requesting and furnishing the information to the

requestor on terms and conditions that in the judgment of the

Director are in the best interest of the State, provided fees

for requesting and furnishing criminal history record

information may be waived for requests in the due

administration of the criminal laws. The Illinois State Police

Department may also charge, collect, and receive fees or

moneys equivalent to the cost of providing electronic data

processing lines or related telecommunication services to

local governments, but only when those services can be

provided by the Illinois State Police Department at a cost

less than that experienced by those local governments through

other means. All services provided by the Illinois State

Police Department shall be conducted pursuant to contracts in

accordance with the Intergovernmental Cooperation Act, and all

telecommunication services shall be provided pursuant to the

provisions of Section 405-270 of the Department of Central

Management Services Law (20 ILCS 405/405-270).

(b) All fees received by the Illinois State Police

Department under the Civil Administrative Code of Illinois or

the Illinois Uniform Conviction Information Act shall be

deposited in a special fund in the State treasury to be known

as the State Police Services Fund. The money deposited in the

State Police Services Fund shall be appropriated to the

Illinois State Police Department for expenses of the Illinois

State Police Department.

(c) Upon the completion of any audit of the Illinois State

Police Department as prescribed by the Illinois State Auditing

Act, which audit includes an audit of the State Police

Services Fund, the Illinois State Police Department shall make

the audit open to inspection by any interested person.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)

Sec. 2605-405. Applying for grants or contracts; moneys

from other entities. To apply for grants or contracts and

receive, expend, allocate, or disburse funds and moneys made

available by public or private entities, including, but not

limited to, contracts, bequests, grants, or receiving

equipment from corporations, foundations, or public or private

institutions of higher learning. All funds received by the

Illinois State Police Department from these sources shall be

deposited into the appropriate fund in the State treasury to

be appropriated to the Illinois State Police Department for

purposes as indicated by the grantor or contractor or, in the

case of funds or moneys bequeathed or granted for no specific

purpose, for any purpose deemed appropriate by the Director in

administering the responsibilities of the Illinois State

Police Department.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-407)

Sec. 2605-407. Illinois State Police Federal Projects

Fund. The Illinois State Police Federal Projects Fund is

established as a federal trust fund in the State treasury.

This federal Trust Fund is established to receive funds

awarded to the Illinois Department of State Police from the

following: (i) all federal departments and agencies for the

specific purposes established by the terms and conditions of

the federal awards and (ii) federal pass-through grants from

State departments and agencies for the specific purposes

established by the terms and conditions of the grant

agreements. Any interest earnings that are attributable to

moneys in the federal trust fund must be deposited into the

Fund.

(Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)

(20 ILCS 2605/2605-410)

Sec. 2605-410. Over Dimensional Load Police Escort Fund.

To charge, collect, and receive fees or moneys as described in

Section 15-312 of the Illinois Vehicle Code. All fees received

by the Illinois State Police under Section 15-312 of the

Illinois Vehicle Code shall be deposited into the Over

Dimensional Load Police Escort Fund, a special fund that is

created in the State treasury. Subject to appropriation, the

money in the Over Dimensional Load Police Escort Fund shall be

used by the Illinois State Police Department for its expenses

in providing police escorts and commercial vehicle enforcement

activities.

(Source: P.A. 95-787, eff. 1-1-09.)

(20 ILCS 2605/2605-420) (was 20 ILCS 2605/55a in part)

Sec. 2605-420. Assisting victims and witnesses of gang

crime. To assist victims and witnesses in gang crime

prosecutions through the administration of funds appropriated

from the Gang Violence Victims and Witnesses Fund to the

Illinois State Police Department. Those funds shall be

appropriated to the Illinois State Police Department and shall

only be used to assist victims and witnesses in gang crime

prosecutions. The assistance may include any of the following:

(1) Temporary living costs.

(2) Moving expenses.

(3) Closing costs on the sale of a private residence.

(4) First month's rent.

(5) Security deposits.

(6) Apartment location assistance.

(7) Other expenses that the Illinois State Police

Department considers appropriate.

(8) Compensation for any loss of or injury to real or

personal property resulting from a gang crime to a maximum

of $5,000, subject to the following provisions:

(A) In the case of loss of property, the amount of

compensation shall be measured by the replacement cost

of similar or like property that has been incurred by

and that is substantiated by the property owner.

(B) In the case of injury to property, the amount

of compensation shall be measured by the cost of

repair incurred and that can be substantiated by the

property owner.

(C) Compensation under this provision is a

secondary source of compensation and shall be reduced

by any amount the property owner receives from any

other source as compensation for the loss or injury,

including, but not limited to, personal insurance

coverage.

(D) No compensation may be awarded if the property

owner was an offender or an accomplice of the offender

or if the award would unjustly benefit the offender or

offenders or an accomplice of the offender or

offenders.

No victim or witness may receive assistance under this

Section if he or she is not a part of or fails to fully

cooperate in the prosecution of gang crime members by law

enforcement authorities.

The Illinois State Police Department shall promulgate any

rules necessary for the implementation of this amendatory Act

of 1985.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)

Sec. 2605-475.Emergency Telephone System Act. The Illinois

State Police Department and Statewide 9-1-1 Administrator

shall exercise the powers and perform the duties specifically

assigned to each under the Emergency Telephone System Act.

Nothing in the Emergency Telephone System Act shall require

the Illinois Department of State Police to provide wireless

enhanced 9-1-1 services.

(Source: P.A. 100-20, eff. 7-1-17.)

(20 ILCS 2605/2605-480)

Sec. 2605-480. Statewide kidnapping alert and prevention

program; Child Safety Coordinator.

(a) The Illinois Department of State Police shall develop

a coordinated program for a statewide emergency alert system

when a child is missing or kidnapped. The system shall

include, but is not limited to, the use in coordination with

the Illinois Department of Transportation, of electronic

message signs on roads and highways in the vicinity of a child

abduction to immediately provide critical information to the

public.

(b) The Illinois Department of State Police shall

establish an AMBER Plan Task Force to monitor and review the

implementation and operation of the system developed under

subsection (a), including procedures, budgetary requirements,

and response protocols. The Task Force shall also develop

additional network resources for use in the system.

(c) The Illinois Department of State Police, in

coordination with the Illinois Emergency Management Agency,

shall develop and implement a community outreach program to

promote awareness among the State's parents and children of

child abduction prevention and response.

(d) The Illinois Department of State Police, in

coordination with the State Board of Education, shall develop

child abduction prevention instruction for inclusion in

elementary and secondary school curricula throughout the

State. The Illinois State Police Department and State Board of

Education shall encourage the inclusion of the child abduction

prevention instruction in private elementary and secondary

school curricula throughout the State.

(e) The Illinois State Police Department shall appoint a

Child Safety Coordinator to assist in the establishment of

State standards for child safety from kidnap and abduction and

to advocate for the achievement of those standards. The Child

Safety Coordinator shall have the qualifications and

experience that the Illinois State Police Department shall

require by rule. The Child Safety Coordinator shall receive no

compensation but shall be reimbursed for his or her expenses

from the Illinois State Police's Department's operations

budget. No funds shall be appropriated solely for the expenses

of the Child Safety Coordinator. The Illinois State Police

Department shall provide technical assistance for the Child

Safety Coordinator from its existing resources.

(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01;

93-310, eff. 7-23-03.)

(20 ILCS 2605/2605-485)

Sec. 2605-485. Endangered Missing Person Advisory.

(a) A coordinated program known as the Endangered Missing

Person Advisory is established within the Illinois Department

of State Police. The purpose of the Endangered Missing Person

Advisory is to provide a regional system for the rapid

dissemination of information regarding a missing person who is

believed to be a high-risk missing person as defined in

Section 10 of the Missing Persons Identification Act.

(b) The AMBER Plan Task Force, established under Section

2605-480 of this the Department of State Police Law, shall

serve as the task force for the Endangered Missing Person

Advisory. The AMBER Plan Task Force shall monitor and review

the implementation and operation of the regional system

developed under subsection (a), including procedures,

budgetary requirements, and response protocols. The AMBER Plan

Task Force shall also develop additional network resources for

use in the system.

(c) The Illinois Department of State Police, in

coordination with the Illinois Department on Aging, shall

develop and implement a community outreach program to promote

awareness among the State's healthcare facilities, nursing

homes, assisted living facilities, and other senior centers.

The guidelines and procedures shall ensure that specific

health information about the missing person is not made public

through the alert or otherwise.

(c-5) Subject to appropriation, the Illinois Department of

State Police, in coordination with the Illinois Department of

Human Services, shall develop and implement a community

outreach program to promote awareness of the Endangered

Missing Person Advisory among applicable entities, including,

but not limited to, developmental disability facilities as

defined in Section 1-107 of the Mental Health and

Developmental Disabilities Code. The guidelines and procedures

shall ensure that specific health information about the

missing person is not made public through the alert or

otherwise.

(d) The Child Safety Coordinator, created under Section

2605-480 of this the Department of State Police Law, shall act

in the dual capacity of Child Safety Coordinator and

Endangered Missing Person Coordinator. The Coordinator shall

assist in the establishment of State standards and monitor the

availability of federal funding that may become available to

further the objectives of the Endangered Missing Person

Advisory. The Illinois State Police Department shall provide

technical assistance for the Coordinator from its existing

resources.

(e)(1) The Illinois Department of State Police, in

cooperation with the Silver Search Task Force, shall develop

as part of the Endangered Missing Person Advisory a

coordinated statewide awareness program and toolkit to be used

when a person 21 years of age or older who is believed to have

Alzheimer's disease, other related dementia, or other

dementia-like cognitive impairment is reported missing, which

shall be referred to as Silver Search.

(2) The Illinois State Police Department shall complete

development and deployment of the Silver Search Awareness

Program and toolkit on or before July 1, 2017.

(3) The Illinois Department of State Police shall

establish a Silver Search Task Force within 90 days after the

effective date of this amendatory Act of the 99th General

Assembly to assist the Illinois State Police Department in

development and deployment of the Silver Search Awareness

Program and toolkit. The Task Force shall establish the

criteria and create a toolkit, which may include usage of

Department of Transportation signs, under Section 2705-505.6

of the Department of Transportation Law of the Civil

Administrative Code of Illinois. The Task Force shall monitor

and review the implementation and operation of that program,

including procedures, budgetary requirements, standards, and

minimum requirements for the training of law enforcement

personnel on how to interact appropriately and effectively

with individuals that suffer from Alzheimer's disease, other

dementia, or other dementia-like cognitive impairment. The

Task Force shall also develop additional network and financial

resources for use in the system. The Task Force shall include,

but is not limited to, one representative from each of the

following:

(A) the Illinois Department of State Police;

(B) the Department on Aging;

(C) the Department of Public Health;

(D) the Illinois Law Enforcement Training Standards

Board;

(E) the Illinois Emergency Management Agency;

(F) the Secretary of State;

(G) the Department of Transportation;

(H) the Department of the Lottery;

(I) the Illinois Toll Highway Authority;

(J) a State association dedicated to Alzheimer's care,

support, and research;

(K) a State association dedicated to improving quality

of life for persons age 50 and over;

(L) a State group of area agencies involved in

planning and coordinating services and programs for older

persons in their respective areas;

(M) a State organization dedicated to enhancing

communication and cooperation between sheriffs;

(N) a State association of police chiefs and other

leaders of police and public safety organizations;

(O) a State association representing Illinois

publishers;

(P) a State association that advocates for the

broadcast industry;

(Q) a member of a large wireless telephone carrier;

and

(R) a member of a small wireless telephone carrier.

The members of the Task Force designated in subparagraphs

(A) through (I) of this paragraph (3) shall be appointed by the

head of the respective agency. The members of the Task Force

designated in subparagraphs (J) through (R) of this paragraph

(3) shall be appointed by the Director of the Illinois State

Police. The Director of the Illinois State Police or his or her

designee shall serve as Chair of the Task Force.

The Task Force shall meet at least twice a year and shall

provide a report on the operations of the Silver Search

Program to the General Assembly and the Governor each year by

June 30.

(4) Subject to appropriation, the Illinois Department of

State Police, in coordination with the Department on Aging and

the Silver Search Task Force, shall develop and implement a

community outreach program to promote awareness of the Silver

Search Program as part of the Endangered Missing Person

Advisory among law enforcement agencies, the State's

healthcare facilities, nursing homes, assisted living

facilities, other senior centers, and the general population

on or before January 1, 2017.

(5) The Child Safety Coordinator, created under Section

2605-480 of this the Department of State Police Law of the

Civil Administrative Code of Illinois, shall act in the

capacity of Child Safety Coordinator, Endangered Missing

Person Coordinator, and Silver Search Program Coordinator. The

Coordinator, in conjunction with the members of the Task

Force, shall assist the Illinois State Police Department and

the Silver Search Task Force in the establishment of State

standards and monitor the availability of federal and private

funding that may become available to further the objectives of

the Endangered Missing Person Advisory and Silver Search

Awareness Program. The Illinois State Police Department shall

provide technical assistance for the Coordinator from its

existing resources.

(6) The Illinois Department of State Police shall provide

administrative and other support to the Task Force.

(Source: P.A. 99-322, eff. 1-1-16; 100-662, eff. 1-1-19.)

(20 ILCS 2605/2605-505) (was 20 ILCS 2605/55b)

Sec. 2605-505. Local citizens radio groups. The Illinois

State Police Department is authorized to use local citizens

radio groups in connection with its communication duties under

the Civil Administrative Code of Illinois and to coordinate

those local citizens radio groups with the functions of local

law enforcement agencies as the Illinois State Police

Department deems advisable. With the approval of the Illinois

State Police Department, those local citizens radio groups

shall be eligible for law enforcement grants.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-550) (was 20 ILCS 2605/55a in part)

Sec. 2605-550. Transfer of realty to State agency;

acquisition of federal land. To transfer jurisdiction of any

realty title to which is held by the State of Illinois under

the control of the Illinois State Police Department to any

other department of the State government or to the State

Employees Housing Commission or to acquire or accept federal

land when the transfer, acquisition, or acceptance is

advantageous to the State and is approved in writing by the

Governor.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,

eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-575)

Sec. 2605-575. Children's fingerprints. With the written

permission of the child's parent or guardian, the Illinois

State Police Department may retain the fingerprint record of a

child fingerprinted by the Illinois State Police Department at

any location of collection, such as a State fair, county fair,

or other place the Illinois State Police Department collects

such data. The record may be retained and used only if the

child is later missing or abducted, if an Amber Alert is issued

for that child, or if a missing person report is filed for that

child with one or more local law enforcement agencies, and for

no other purpose. After the child reaches the age of 18, the

record must be destroyed unless the Illinois State Police

Department, within a reasonable period after the fingerprinted

person's 18th birthday, obtains the permission of the

fingerprinted person to retain the fingerprint record.

(Source: P.A. 94-481, eff. 1-1-06.)

(20 ILCS 2605/2605-585)

Sec. 2605-585. Money Laundering Asset Recovery Fund.

Moneys and the sale proceeds distributed to the Illinois

Department of State Police under paragraph (3) of Section

29B-26 of the Criminal Code of 2012 shall be deposited in a

special fund in the State treasury to be known as the Money

Laundering Asset Recovery Fund. The moneys deposited in the

Money Laundering Asset Recovery Fund shall be appropriated to

and administered by the Illinois Department of State Police

for State law enforcement purposes.

(Source: P.A. 100-699, eff. 8-3-18.)

(20 ILCS 2605/2605-590)

Sec. 2605-590. Drug Traffic Prevention Fund. Moneys

deposited into the Drug Traffic Prevention Fund pursuant to

subsection (e) of Section 5-9-1.1 and subsection (c) of

Section 5-9-1.1-5 of the Unified Code of Corrections shall be

appropriated to and administered by the Illinois Department of

State Police for funding of drug task forces and Metropolitan

Enforcement Groups in accordance with the Intergovernmental

Drug Laws Enforcement Act.

(Source: P.A. 98-463, eff. 8-16-13.)

(20 ILCS 2605/2605-595)

Sec. 2605-595. State Police Firearm Services Fund.

(a) There is created in the State treasury a special fund

known as the State Police Firearm Services Fund. The Fund

shall receive revenue under the Firearm Concealed Carry Act

and Section 5 of the Firearm Owners Identification Card Act.

The Fund may also receive revenue from grants, pass-through

grants, donations, appropriations, and any other legal source.

(b) The Illinois Department of State Police may use moneys

in the Fund to finance any of its lawful purposes, mandates,

functions, and duties under the Firearm Owners Identification

Card Act and the Firearm Concealed Carry Act, including the

cost of sending notices of expiration of Firearm Owner's

Identification Cards, concealed carry licenses, the prompt and

efficient processing of applications under the Firearm Owners

Identification Card Act and the Firearm Concealed Carry Act,

the improved efficiency and reporting of the LEADS and federal

NICS law enforcement data systems, and support for

investigations required under these Acts and law. Any surplus

funds beyond what is needed to comply with the aforementioned

purposes shall be used by the Illinois State Police Department

to improve the Law Enforcement Agencies Data System (LEADS)

and criminal history background check system.

(c) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

(20 ILCS 2605/2605-600)

Sec. 2605-600. Crimes Against Police Officers Advisory.

(a) For purposes of this Section:

"Attempt" has the meaning ascribed to that term in

Section 8-4 of the Criminal Code of 2012.

"Concealment of homicidal death" has the meaning

ascribed to that term in Section 9-3.4 of the Criminal

Code of 2012.

"First degree murder" has the meaning ascribed to that

term in Section 9-1 of the Criminal Code of 2012.

"Involuntary manslaughter" and "reckless homicide"

have the meanings ascribed to those terms in Section 9-3

of the Criminal Code of 2012.

"Second degree murder" has the meaning ascribed to

that term in Section 9-2 of the Criminal Code of 2012.

(b) A coordinated program known as the Crimes Against

Police Officers Advisory is established within the Illinois

Department of State Police. The purpose of the Crimes Against

Police Officers Advisory is to provide a regional system for

the rapid dissemination of information regarding a person who

is suspected of committing or attempting to commit any of the

offenses described in subsection (c).

(c) The Illinois Department of State Police shall develop

an advisory to assist law enforcement agencies when the

commission or attempted commission of the following offenses

against a peace officer occur:

(1) first degree murder;

(2) second degree murder;

(3) involuntary manslaughter;

(4) reckless homicide; and

(5) concealment of homicidal death.

(d) Law enforcement agencies participating in the advisory

may request assistance when:

(1) the agency believes that a suspect has not been

apprehended;

(2) the agency believes that the suspect may be a

serious threat to the public; and

(3) sufficient information is available to disseminate

to the public that could assist in locating the suspect.

(e) The Illinois Department of State Police shall reserve

the authority to determine if dissemination of the information

will pose a significant risk to the public or jeopardize the

investigation.

(f) The Illinois Department of State Police may partner

with media and may request a media broadcast concerning

details of the suspect in order to obtain the public's

assistance in locating the suspect or vehicle used in the

offense, or both.

(Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)

(20 ILCS 2605/2605-605)

Sec. 2605-605. Violent Crime Intelligence Task Force. The

Director of the Illinois State Police may establish a

statewide multi-jurisdictional Violent Crime Intelligence Task

Force led by the Illinois Department of State Police dedicated

to combating gun violence, gun-trafficking, and other violent

crime with the primary mission of preservation of life and

reducing the occurrence and the fear of crime. The objectives

of the Task Force shall include, but not be limited to,

reducing and preventing illegal possession and use of

firearms, firearm-related homicides, and other violent crimes.

(1) The Task Force may develop and acquire information,

training, tools, and resources necessary to implement a

data-driven approach to policing, with an emphasis on

intelligence development.

(2) The Task Force may utilize information sharing,

partnerships, crime analysis, and evidence-based practices to

assist in the reduction of firearm-related shootings,

homicides, and gun-trafficking.

(3) The Task Force may recognize and utilize best

practices of community policing and may develop potential

partnerships with faith-based and community organizations to

achieve its goals.

(4) The Task Force may identify and utilize best practices

in drug-diversion programs and other community-based services

to redirect low-level offenders.

(5) The Task Force may assist in violence suppression

strategies including, but not limited to, details in

identified locations that have shown to be the most prone to

gun violence and violent crime, focused deterrence against

violent gangs and groups considered responsible for the

violence in communities, and other intelligence driven methods

deemed necessary to interrupt cycles of violence or prevent

retaliation.

(6) In consultation with the Chief Procurement Officer,

the Illinois Department of State Police may obtain contracts

for software, commodities, resources, and equipment to assist

the Task Force with achieving this Act. Any contracts

necessary to support the delivery of necessary software,

commodities, resources, and equipment are not subject to the

Illinois Procurement Code, except for Sections 20-60, 20-65,

20-70, and 20-160 and Article 50 of that Code, provided that

the Chief Procurement Officer may, in writing with

justification, waive any certification required under Article

50 of the Illinois Procurement Code.

(Source: P.A. 100-3, eff. 1-1-18.)

(20 ILCS 2605/2605-610)

Sec. 2605-610. Possession of a Firearm Owner's

Identification Card. The Illinois State Police Department

shall not make possession of a Firearm Owner's Identification

Card a condition of continued employment if the State Police

officer's Firearm Owner's Identification Card is revoked or

seized because the State Police officer has been a patient of a

mental health facility and the State Police officer has not

been determined to pose a clear and present danger to himself,

herself, or others as determined by a physician, clinical

psychologist, or qualified examiner. Nothing in is this

Section shall otherwise impair an employer's ability to

determine a State Police officer's fitness for duty. A

collective bargaining agreement already in effect on this

issue on the effective date of this amendatory Act of the 101st

General Assembly cannot be modified, but on or after the

effective date of this amendatory Act of the 101st General

Assembly, the employer cannot require a Firearm Owner's

Identification Card as a condition of continued employment in

a collective bargaining agreement. The employer shall document

if and why a State Police officer has been determined to pose a

clear and present danger.

(Source: P.A. 101-375, eff. 8-16-19.)

(20 ILCS 2605/2605-85 rep.)

(20 ILCS 2605/2605-90 rep.)

(20 ILCS 2605/2605-95 rep.)

(20 ILCS 2605/2605-96 rep.)

(20 ILCS 2605/2605-97 rep.)

(20 ILCS 2605/2605-98 rep.)

(20 ILCS 2605/2605-99 rep.)

(20 ILCS 2605/2605-100 rep.)

(20 ILCS 2605/2605-105 rep.)

(20 ILCS 2605/2605-110 rep.)

(20 ILCS 2605/2605-115 rep.)

(20 ILCS 2605/2605-120 rep.)

(20 ILCS 2605/2605-130 rep.)

(20 ILCS 2605/2605-135 rep.)

(20 ILCS 2605/2605-140 rep.)

(20 ILCS 2605/2605-300 rep.)

(20 ILCS 2605/2605-390 rep.)

(20 ILCS 2605/2605-500 rep.)

Section 197. The Department of State Police Law of the

Civil Administrative Code of Illinois is amended by repealing

Sections 2605-85, 2605-90, 2605-95, 2605-96, 2605-97, 2605-98,

2605-99, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120,

2605-130, 2605-135, 2605-140, 2605-300, 2605-390, and

2605-500.

Section 200. The State Police Act is amended by changing

the title of the Act and Sections 0.01, 1, 2, 3, 8, 9, 10,

12.2, 12.5, 13, 14, 16, 17b, 18, 20, 21, 22, 24, 30, 35, 38,

40, and 45 as follows:

(20 ILCS 2610/Act title)

An Act in relation to the Illinois Department of State

Police.

(20 ILCS 2610/0.01) (from Ch. 121, par. 307.01)

Sec. 0.01. Short title. This Act may be cited as the

Illinois State Police Act.

(Source: P.A. 86-1324.)

(20 ILCS 2610/1) (from Ch. 121, par. 307.1)

Sec. 1. The Illinois Department of State Police,

hereinafter called the Department, shall maintain divisions in

accordance with Section 2605-25 of the Illinois Department of

State Police Law (20 ILCS 2605/2605-25). The Illinois State

Police Department, by the Director, shall appoint State

policemen, also known as State Police Officers, as provided in

this Act.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2610/2) (from Ch. 121, par. 307.2)

Sec. 2. The Director shall be responsible for the

management and control of the Illinois State Police

Department. The Director shall make and adopt rules and

regulations for the direction, control, discipline and conduct

of the members of the Illinois State Police Department and

such other rules for the government and operation of the

Illinois State Police Department as he may deem necessary. He

shall also designate the authority and responsibility within

the limits of this Act for each rank of State policemen in the

Illinois State Police Department.

(Source: P.A. 85-1042.)

(20 ILCS 2610/3) (from Ch. 121, par. 307.3)

Sec. 3. The Governor shall appoint, by and with the advice

and consent of the Senate, an Illinois a Department of State

Police Merit Board, hereinafter called the Board, consisting

of 5 members to hold office, one until the third Monday in

March, 1951, one until the third Monday in March, 1953, and one

until the third Monday in March, 1955, and until their

respective successors are appointed and qualified. One of the

members added by this amendatory Act of 1977 shall serve a term

expiring on the third Monday in March, 1980, and until his

successor is appointed and qualified, and one shall serve a

term expiring on the third Monday in March, 1982, and until his

successor is appointed and qualified. Upon the expiration of

the terms of office of those first appointed, their respective

successors shall be appointed to hold office from the third

Monday in March of the year of their respective appointments

for a term of six years and until their successors are

appointed and qualified for a like term. No more than 3 members

of the Board shall be affiliated with the same political

party. If the Senate is not in session at the time initial

appointments are made pursuant to this section, the Governor

shall make temporary appointments as in the case of a vacancy.

(Source: P.A. 87-284.)

(20 ILCS 2610/8) (from Ch. 121, par. 307.8)

Sec. 8. The Board shall exercise jurisdiction over the

certification for appointment and promotion, and over the

discipline, removal, demotion and suspension of Illinois

Department of State Police officers. Pursuant to recognized

merit principles of public employment, the Board shall

formulate, adopt, and put into effect rules, regulations and

procedures for its operation and the transaction of its

business. The Board shall establish a classification of ranks

of persons subject to its jurisdiction and shall set standards

and qualifications for each rank. Each Illinois Department of

State Police officer appointed by the Director shall be

classified as a State Police officer as follows: trooper,

sergeant, master sergeant, lieutenant, captain, major, or

Special Agent.

(Source: P.A. 100-49, eff. 1-1-18.)

(20 ILCS 2610/9) (from Ch. 121, par. 307.9)

Sec. 9. Appointment; qualifications.

(a) Except as otherwise provided in this Section, the

appointment of Illinois Department of State Police officers

shall be made from those applicants who have been certified by

the Board as being qualified for appointment. All persons so

appointed shall, at the time of their appointment, be not less

than 21 years of age, or 20 years of age and have successfully

completed an associate's degree or 60 credit hours at an

accredited college or university. Any person appointed

subsequent to successful completion of an associate's degree

or 60 credit hours at an accredited college or university

shall not have power of arrest, nor shall he or she be

permitted to carry firearms, until he or she reaches 21 years

of age. In addition, all persons so certified for appointment

shall be of sound mind and body, be of good moral character, be

citizens of the United States, have no criminal records,

possess such prerequisites of training, education, and

experience as the Board may from time to time prescribe so long

as persons who have an associate's degree or 60 credit hours at

an accredited college or university are not disqualified, and

shall be required to pass successfully such mental and

physical tests and examinations as may be prescribed by the

Board. All persons who meet one of the following requirements

are deemed to have met the collegiate educational

requirements:

(i) have been honorably discharged and who have been

awarded a Southwest Asia Service Medal, Kosovo Campaign

Medal, Korean Defense Service Medal, Afghanistan Campaign

Medal, Iraq Campaign Medal, or Global War on Terrorism

Expeditionary Medal by the United States Armed Forces;

(ii) are active members of the Illinois National Guard

or a reserve component of the United States Armed Forces

and who have been awarded a Southwest Asia Service Medal,

Kosovo Campaign Medal, Korean Defense Service Medal,

Afghanistan Campaign Medal, Iraq Campaign Medal, or Global

War on Terrorism Expeditionary Medal as a result of

honorable service during deployment on active duty;

(iii) have been honorably discharged who served in a

combat mission by proof of hostile fire pay or imminent

danger pay during deployment on active duty; or

(iv) have at least 3 years of full active and

continuous military duty and received an honorable

discharge before hiring.

Preference shall be given in such appointments to persons

who have honorably served in the military or naval services of

the United States. All appointees shall serve a probationary

period of 12 months from the date of appointment and during

that period may be discharged at the will of the Director.

However, the Director may in his or her sole discretion extend

the probationary period of an officer up to an additional 6

months when to do so is deemed in the best interest of the

Illinois State Police Department. Nothing in this subsection

(a) limits the Board's ability to prescribe education

prerequisites or requirements to certify Illinois Department

of State Police officers for promotion as provided in Section

10 of this Act.

(b) Notwithstanding the other provisions of this Act,

after July 1, 1977 and before July 1, 1980, the Director of

State Police may appoint and promote not more than 20 persons

having special qualifications as special agents as he or she

deems necessary to carry out the Department's objectives. Any

such appointment or promotion shall be ratified by the Board.

(c) During the 90 days following the effective date of

this amendatory Act of 1995, the Director of State Police may

appoint up to 25 persons as State Police officers. These

appointments shall be made in accordance with the requirements

of this subsection (c) and any additional criteria that may be

established by the Director, but are not subject to any other

requirements of this Act. The Director may specify the initial

rank for each person appointed under this subsection.

All appointments under this subsection (c) shall be made

from personnel certified by the Board. A person certified by

the Board and appointed by the Director under this subsection

must have been employed by the Illinois Commerce Commission on

November 30, 1994 in a job title subject to the Personnel Code

and in a position for which the person was eligible to earn

"eligible creditable service" as a "noncovered employee", as

those terms are defined in Article 14 of the Illinois Pension

Code.

Persons appointed under this subsection (c) shall

thereafter be subject to the same requirements and procedures

as other State police officers. A person appointed under this

subsection must serve a probationary period of 12 months from

the date of appointment, during which he or she may be

discharged at the will of the Director.

This subsection (c) does not affect or limit the

Director's authority to appoint other State Police officers

under subsection (a) of this Section.

(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)

(20 ILCS 2610/10) (from Ch. 121, par. 307.10)

Sec. 10. Except as provided in Section 9 of this Act,

promotion of Illinois Department of State Police officers

shall be made by the Director from those candidates who have

been certified to him as being qualified for promotion. The

Board shall make certifications for promotions on the basis of

job performance measurement, seniority, education, or written

or oral examinations. All vacancies in all ranks above the

lowest shall be filled by promotion.

(Source: P.A. 84-25.)

(20 ILCS 2610/12.2)

Sec. 12.2. Burial benefit for State police officers killed

in the line of duty.

(a) The Illinois Department of State Police shall pay

directly or reimburse, up to a maximum of $20,000, the burial

expenses of each State police officer who is killed in the line

of duty after June 30, 2018.

(b) The payments provided for in this Section shall be

paid out of moneys appropriated to the Illinois State Police

Department for the personal services of State police officers.

(c) The Illinois Department of State Police shall adopt

rules governing the administration of this Section.

(Source: P.A. 101-28, eff. 1-1-20.)

(20 ILCS 2610/12.5)

Sec. 12.5. Zero tolerance drug policy. Any person employed

by the Illinois Department of State Police who tests positive

in accordance with established Illinois State Police

Departmental drug testing procedures for any substance

prohibited by the Illinois Controlled Substances Act or the

Methamphetamine Control and Community Protection Act shall be

discharged from employment. Any person employed by the

Illinois Department of State Police who tests positive in

accordance with established Illinois State Police Departmental

drug testing procedures for any substance prohibited by the

Cannabis Control Act may be discharged from employment.

Refusal to submit to a drug test, ordered in accordance with

Illinois State Police Departmental procedures, by any person

employed by the Illinois State Police Department shall be

construed as a positive test, and the person shall be

discharged from employment. The changes made in this Section

by this amendatory Act of the 100th General Assembly shall

apply to all pending and future incidents under this Section.

(Source: P.A. 100-1130, eff. 11-27-18.)

(20 ILCS 2610/13) (from Ch. 121, par. 307.13)

Sec. 13. Disciplinary measures prescribed by the Board for

Illinois Department of State Police officers may be taken by

the Director for the punishment of infractions of the rules

and regulations of the respective divisions as promulgated by

the Illinois State Police Department. Such disciplinary

measures may include suspension of any such officer for a

reasonable period, not exceeding 30 days.

Any officer so suspended, within 10 days after suspension,

may petition the Board in writing to review the suspension,

and upon the filing of such petition with the Board, the Board

shall within a reasonable amount of time, but no later than 30

days after the date of request for review set the written

petition for hearing before the Board upon not less than 10

days' notice at a place to be designated by the chairman

thereof. The Board may sustain the action of the Director,

reverse it with instructions that the officer receive his pay

for the period involved, or reduce the length of suspension

with instructions that the officer's pay be adjusted

accordingly. No later than July 1, 1987, the Board shall

promulgate rules which include the standards to be used in

determining when compensation will be awarded to an officer

who is found not guilty or has served a greater period of

suspension than prescribed by the Board. The Board may not

increase the length of suspension imposed by the Director. The

Board may, by unanimous decision, dismiss the petition if it

has determined that there is no substantial basis for its

review of the suspension. In all other respects, the hearing

shall be conducted in the manner provided for in Section 14

hereof. The provisions of the "Administrative Review Law" and

the rules adopted pursuant thereto shall apply to and govern

all proceedings for the judicial review of any order of the

board rendered pursuant to the provisions of this Section.

(Source: P.A. 85-1042.)

(20 ILCS 2610/14) (from Ch. 121, par. 307.14)

Sec. 14. Except as is otherwise provided in this Act, no

Illinois Department of State Police officer shall be removed,

demoted or suspended except for cause, upon written charges

filed with the Board by the Director and a hearing before the

Board thereon upon not less than 10 days' notice at a place to

be designated by the chairman thereof. At such hearing, the

accused shall be afforded full opportunity to be heard in his

or her own defense and to produce proof in his or her defense.

Anyone filing a complaint against a State Police Officer must

have the complaint supported by a sworn affidavit. Any such

complaint, having been supported by a sworn affidavit, and

having been found, in total or in part, to contain false

information, shall be presented to the appropriate State's

Attorney for a determination of prosecution.

Before any such officer may be interrogated or examined by

or before the Board, or by an Illinois State Police a

departmental agent or investigator specifically assigned to

conduct an internal investigation, the results of which

hearing, interrogation or examination may be the basis for

filing charges seeking his or her suspension for more than 15

days or his or her removal or discharge, he or she shall be

advised in writing as to what specific improper or illegal act

he or she is alleged to have committed; he or she shall be

advised in writing that his or her admissions made in the

course of the hearing, interrogation or examination may be

used as the basis for charges seeking his or her suspension,

removal or discharge; and he or she shall be advised in writing

that he or she has a right to counsel of his or her choosing,

who may be present to advise him or her at any hearing,

interrogation or examination. A complete record of any

hearing, interrogation or examination shall be made, and a

complete transcript or electronic recording thereof shall be

made available to such officer without charge and without

delay.

The Board shall have the power to secure by its subpoena

both the attendance and testimony of witnesses and the

production of books and papers in support of the charges and

for the defense. Each member of the Board or a designated

hearing officer shall have the power to administer oaths or

affirmations. If the charges against an accused are

established by a preponderance of evidence, the Board shall

make a finding of guilty and order either removal, demotion,

suspension for a period of not more than 180 days, or such

other disciplinary punishment as may be prescribed by the

rules and regulations of the Board which, in the opinion of the

members thereof, the offense merits. Thereupon the Director

shall direct such removal or other punishment as ordered by

the Board and if the accused refuses to abide by any such

disciplinary order, the Director shall remove him or her

forthwith.

If the accused is found not guilty or has served a period

of suspension greater than prescribed by the Board, the Board

shall order that the officer receive compensation for the

period involved. The award of compensation shall include

interest at the rate of 7% per annum.

The Board may include in its order appropriate sanctions

based upon the Board's rules and regulations. If the Board

finds that a party has made allegations or denials without

reasonable cause or has engaged in frivolous litigation for

the purpose of delay or needless increase in the cost of

litigation, it may order that party to pay the other party's

reasonable expenses, including costs and reasonable attorney's

fees. The State of Illinois and the Illinois State Police

Department shall be subject to these sanctions in the same

manner as other parties.

In case of the neglect or refusal of any person to obey a

subpoena issued by the Board, any circuit court, upon

application of any member of the Board, may order such person

to appear before the Board and give testimony or produce

evidence, and any failure to obey such order is punishable by

the court as a contempt thereof.

The provisions of the Administrative Review Law, and all

amendments and modifications thereof, and the rules adopted

pursuant thereto, shall apply to and govern all proceedings

for the judicial review of any order of the Board rendered

pursuant to the provisions of this Section.

Notwithstanding the provisions of this Section, a policy

making officer, as defined in the Employee Rights Violation

Act, of the Illinois Department of State Police shall be

discharged from the Illinois Department of State Police as

provided in the Employee Rights Violation Act, enacted by the

85th General Assembly.

(Source: P.A. 96-891, eff. 5-10-10.)

(20 ILCS 2610/16) (from Ch. 121, par. 307.16)

Sec. 16. State policemen shall enforce the provisions of

The Illinois Vehicle Code, approved September 29, 1969, as

amended, and Article 9 of the "Illinois Highway Code" as

amended; and shall patrol the public highways and rural

districts to make arrests for violations of the provisions of

such Acts. They are conservators of the peace and as such have

all powers possessed by policemen in cities, and sheriffs,

except that they may exercise such powers anywhere in this

State. The State policemen shall cooperate with the police of

cities, villages and incorporated towns, and with the police

officers of any county, in enforcing the laws of the State and

in making arrests and recovering property. They may be

equipped with standardized and tested devices for weighing

motor vehicles and may stop and weigh, acting reasonably, or

cause to be weighed, any motor vehicle which appears to weigh

in excess of the weight permitted by law. It shall also be the

duty of the Illinois State Police State police to determine,

whenever possible, the person or persons or the causes

responsible for the breaking or destruction of any improved

hard-surfaced roadway; to arrest all persons criminally

responsible for such breaking or destruction and bring them

before the proper officer for trial. The Illinois Department

of State Police shall divide the State into Districts and

assign each district to one or more policemen. No person

employed under this Act, however, shall serve or execute civil

process, except for process issued under the authority of the

General Assembly, or a committee or commission thereof vested

with subpoena powers when the county sheriff refuses or fails

to serve such process, and except for process issued under the

authority of the Illinois Department of Revenue.

(Source: P.A. 84-25.)

(20 ILCS 2610/17b)

Sec. 17b. Retiring officer; purchase of service firearm

and police badge. The Director of the Illinois State Police

shall establish a policy to allow a State Police officer who is

honorably retiring or separating in good standing to purchase

either one or both of the following: (i) any State Police badge

previously issued to that officer; or (ii) if the officer has a

currently valid Firearm Owner's Identification Card, the

service firearm issued or previously issued to the officer by

the Illinois Department of State Police. The cost of the

firearm purchased shall be the replacement value of the

firearm and not the firearm's fair market value.

(Source: P.A. 100-931, eff. 8-17-18.)

(20 ILCS 2610/18) (from Ch. 121, par. 307.18)

Sec. 18. The Director may also authorize any civilian

employee of the Illinois State Police Department who is not a

State policeman to be a truck weighing inspector with the

power of enforcing the provisions of Sections 15-102, 15-103,

15-107, 15-111, and 15-301 and subsection (d) of Section 3-401

of the Illinois Vehicle Code.

(Source: P.A. 100-830, eff. 1-1-19.)

(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)

Sec. 20. The Illinois State Police Department from time to

time may enter into contracts with The Illinois State Toll

Highway Authority, hereinafter called the Authority, with

respect to the policing of toll highways by the Illinois State

Police. Such contracts shall provide among other matters for

the compensation or reimbursement of the Illinois State Police

Department by the Authority for the costs incurred by this

State with respect to such policing service, including, but

not limited to, the costs of: (1) compensation and training of

the State policemen and the clerical employees assigned to

such policing service; and (2) uniforms, equipment, supplies

and housing used by such personnel; and (3) reimbursement of

such sums as the State expends in connection with payments of

claims for injuries or illnesses suffered by such personnel in

the line of duty. Each such contract may provide for the

methods of ascertaining such costs, and shall be of such

duration and may contain such other appropriate terms as the

Illinois State Police Department and the Authority may agree

upon. The Illinois State Police Department is not obliged to

furnish policing service on any highway under the jurisdiction

of the Authority except as required by contract.

(Source: P.A. 81-840.)

(20 ILCS 2610/21) (from Ch. 121, par. 307.18b)

Sec. 21. (a) The Illinois State Police Department shall

appoint as State policemen the number of persons required for

assignment to the policing of toll highways by contracts made

pursuant to Section 20 of this Act; and such policemen shall

have the same qualifications and shall be appointed and paid

and shall receive the same benefits, as all other State

policemen.

(b) The Director shall assign such policemen in accordance

with the contract provisions, which may authorize temporary

increases or decreases in the number of policemen so assigned

when emergency conditions so require.

(c) State policemen so assigned have, in policing the toll

highways, all powers and duties of enforcement and arrest

which Section 16 of this Act confers upon State policemen

generally in policing other public highways and other areas,

and in addition have the duty to enforce all regulations

established by the Illinois State Toll Highway Authority

pursuant to the authority of the "An Act in relation to the

construction, operation, regulation and maintenance of a

system of toll highways and to create The Illinois State Toll

Highway Act Authority, and to define its powers and duties, to

make an appropriation in conjunction therewith", approved

August 7, 1967, as amended.

(Source: P.A. 85-1042.)

(20 ILCS 2610/22) (from Ch. 121, par. 307.18c)

Sec. 22. The Director and the State policemen appointed by

him, when authorized by the Director, may expend such sums as

the Director deems necessary in the purchase of evidence and

in the employment of persons to obtain evidence.

Such sums to be expended shall be advanced to the State

policeman who is to make such purchase or employment from

funds appropriated or made available by law for the support or

use of the Illinois State Police Department on vouchers

therefor signed by the Director.

(Source: P.A. 85-1042.)

(20 ILCS 2610/24)

Sec. 24. Illinois State Police quotas prohibited. The

Illinois State Police Department may not require an Illinois a

Department of State Police officer to issue a specific number

of citations within a designated period of time. This

prohibition shall not affect the conditions of any federal or

State grants or funds awarded to the Illinois State Police

Department and used to fund traffic enforcement programs.

The Illinois State Police Department may not, for purposes

of evaluating an Illinois a Department of State Police

officer's job performance, compare the number of citations

issued by the Illinois Department of State Police officer to

the number of citations issued by any other Illinois

Department of State Police officer who has similar job duties.

Nothing in this Section shall prohibit the Illinois State

Police Department from evaluating an Illinois a Department of

State Police officer based on the Illinois Department of State

Police officer's points of contact. For the purposes of this

Section, "points of contact" means any quantifiable contact

made in the furtherance of the Illinois Department of State

Police officer's duties, including, but not limited to, the

number of traffic stops completed, arrests, written warnings,

and crime prevention measures. Points of contact shall not

include either the issuance of citations or the number of

citations issued by an Illinois a Department of State Police

officer.

(Source: P.A. 98-650, eff. 1-1-15.)

(20 ILCS 2610/30)

Sec. 30. Patrol vehicles with in-car video recording

cameras.

(a) Definitions. As used in this Section:

"Audio recording" means the recorded conversation

between an officer and a second party.

"Emergency lights" means oscillating, rotating, or

flashing lights on patrol vehicles.

"In-car video camera" means a video camera located in

an Illinois State Police a Department patrol vehicle.

"In-car video camera recording equipment" means a

video camera recording system located in an Illinois State

Police a Department patrol vehicle consisting of a camera

assembly, recording mechanism, and an in-car video

recording medium.

"Enforcement stop" means an action by an officer of

the Illinois State Police Department in relation to

enforcement and investigation duties, including but not

limited to, traffic stops, pedestrian stops, abandoned

vehicle contacts, motorist assists, commercial motor

vehicle stops, roadside safety checks, requests for

identification, or responses to requests for emergency

assistance.

"Recording" means the process of capturing data or

information stored on a recording medium as required under

this Section.

"Recording medium" means any recording medium

authorized by the Illinois State Police Department for the

retention and playback of recorded audio and video

including, but not limited to, VHS, DVD, hard drive, solid

state, digital, or flash memory technology.

"Wireless microphone" means a device devise worn by

the officer or any other equipment used to record

conversations between the officer and a second party and

transmitted to the recording equipment.

(b) By June 1, 2009, the Illinois State Police Department

shall install in-car video camera recording equipment in all

patrol vehicles. Subject to appropriation, all patrol vehicles

shall be equipped with in-car video camera recording equipment

with a recording medium capable of recording for a period of 10

hours or more by June 1, 2011. In-car video camera recording

equipment shall be capable of making audio recordings with the

assistance of a wireless microphone.

(c) As of the effective date of this amendatory Act of the

95th General Assembly, in-car video camera recording equipment

with a recording medium incapable of recording for a period of

10 hours or more shall record activities outside a patrol

vehicle whenever (i) an officer assigned a patrol vehicle is

conducting an enforcement stop; (ii) patrol vehicle emergency

lights are activated or would otherwise be activated if not

for the need to conceal the presence of law enforcement; or

(iii) an officer reasonably believes recording may assist with

prosecution, enhance safety, or for any other lawful purpose.

As of the effective date of this amendatory Act of the 95th

General Assembly, in-car video camera recording equipment with

a recording medium incapable of recording for a period of 10

hours or more shall record activities inside the vehicle when

transporting an arrestee or when an officer reasonably

believes recording may assist with prosecution, enhance

safety, or for any other lawful purpose.

(1) Recording for an enforcement stop shall begin when

the officer determines an enforcement stop is necessary

and shall continue until the enforcement action has been

completed and the subject of the enforcement stop or the

officer has left the scene.

(2) Recording shall begin when patrol vehicle

emergency lights are activated or when they would

otherwise be activated if not for the need to conceal the

presence of law enforcement, and shall continue until the

reason for the activation ceases to exist, regardless of

whether the emergency lights are no longer activated.

(3) An officer may begin recording if the officer

reasonably believes recording may assist with prosecution,

enhance safety, or for any other lawful purpose; and shall

continue until the reason for recording ceases to exist.

(d) In-car video camera recording equipment with a

recording medium capable of recording for a period of 10 hours

or more shall record activities whenever a patrol vehicle is

assigned to patrol duty.

(e) Any enforcement stop resulting from a suspected

violation of the Illinois Vehicle Code shall be video and

audio recorded. Audio recording shall terminate upon release

of the violator and prior to initiating a separate criminal

investigation.

(f) Recordings made on in-car video camera recording

medium shall be retained by the Illinois State Police

Department for a storage period of at least 90 days. Under no

circumstances shall any recording made on in-car video camera

recording medium be altered or erased prior to the expiration

of the designated storage period. Upon completion of the

storage period, the recording medium may be erased and

reissued for operational use unless otherwise ordered by the

District Commander or his or her designee or by a court, or if

designated for evidentiary or training purposes.

(g) Audio or video recordings made pursuant to this

Section shall be available under the applicable provisions of

the Freedom of Information Act. Only recorded portions of the

audio recording or video recording medium applicable to the

request will be available for inspection or copying.

(h) The Illinois State Police Department shall ensure

proper care and maintenance of in-car video camera recording

equipment and recording medium. An officer operating a patrol

vehicle must immediately document and notify the District

Commander or his or her designee of any technical

difficulties, failures, or problems with the in-car video

camera recording equipment or recording medium. Upon receiving

notice, the District Commander or his or her designee shall

make every reasonable effort to correct and repair any of the

in-car video camera recording equipment or recording medium

and determine if it is in the public interest to permit the use

of the patrol vehicle.

(i) The Illinois State Police Department may promulgate

rules to implement this amendatory Act of the 95th General

Assembly only to the extent necessary to apply the existing

rules or applicable internal directives.

(Source: P.A. 95-1009, eff. 12-15-08.)

(20 ILCS 2610/35)

Sec. 35. Officer-worn body cameras; policy; training.

(a) For the purposes of this Section, "officer-worn body

camera" shall have the same meaning as defined in Section 10 of

the Law Enforcement Officer-Worn Body Camera Act.

(b) If the Illinois State Police Department employs the

use of officer-worn body cameras, the Illinois State Police

Department shall develop a written policy which must include,

at a minimum, the guidelines established by the Law

Enforcement Officer-Worn Body Camera Act.

(c) The Illinois State Police Department shall provide

training to those officers who utilize officer-worn body

cameras.

(Source: P.A. 99-352, eff. 1-1-16.)

(20 ILCS 2610/38)

Sec. 38. Disposal of medications. The Illinois State

Police Department may by rule authorize State Police officers

to dispose of any unused medications under Section 18 of the

Safe Pharmaceutical Disposal Act.

(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)

(20 ILCS 2610/40)

Sec. 40. Training; administration of epinephrine.

(a) This Section, along with Section 10.19 of the Illinois

Police Training Act, may be referred to as the Annie LeGere

Law.

(b) For the purposes of this Section, "epinephrine

auto-injector" means a single-use device used for the

automatic injection of a pre-measured dose of epinephrine into

the human body prescribed in the name of the Illinois State

Police Department.

(c) The Illinois State Police Department may conduct or

approve a training program for State Police officers to

recognize and respond to anaphylaxis, including, but not

limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an

allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known

allergy as well as an individual with a previously unknown

allergy;

(5) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by

the Illinois State Police Department.

(d) The Illinois State Police Department may authorize a

State Police officer who has completed the training program

under subsection (c) to carry, administer, or assist with the

administration of epinephrine auto-injectors whenever he or

she is performing official duties.

(e) The Illinois State Police Department must establish a

written policy to control the acquisition, storage,

transportation, administration, and disposal of epinephrine

auto-injectors before it allows any State Police officer to

carry and administer epinephrine auto-injectors.

(f) A physician, physician physician's assistant with

prescriptive authority, or advanced practice registered nurse

with prescriptive authority may provide a standing protocol or

prescription for epinephrine auto-injectors in the name of the

Illinois State Police Department to be maintained for use when

necessary.

(g) When a State Police officer administers an epinephrine

auto-injector in good faith, the officer and the Illinois

State Police Department, and its employees and agents,

including a physician, physician physician's assistant with

prescriptive authority, or advanced practice registered nurse

with prescriptive authority who provides a standing order or

prescription for an epinephrine auto-injector, incur no civil

or professional liability, except for willful and wanton

conduct, as a result of any injury or death arising from the

use of an epinephrine auto-injector.

(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;

100-648, eff. 7-31-18; revised 1-14-20.)

(20 ILCS 2610/45)

Sec. 45. Compliance with the Health Care Violence

Prevention Act; training. The Illinois State Police Department

shall comply with the Health Care Violence Prevention Act and

shall provide an appropriate level of training for its

officers concerning the Health Care Violence Prevention Act.

(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)

Section 205. The State Police Radio Act is amended by

changing Sections 0.01, 1, 2, 6, and 10 as follows:

(20 ILCS 2615/0.01) (from Ch. 121, par. 307.20)

Sec. 0.01. Short title. This Act may be cited as the

Illinois State Police Radio Act.

(Source: P.A. 86-1324.)

(20 ILCS 2615/1) (from Ch. 121, par. 307.21)

Sec. 1. The Illinois Department of State Police is

authorized to purchase, lease or otherwise acquire and operate

one or more radio broadcasting stations in the State to be used

for police purposes only. Such radio stations shall broadcast

all police dispatches and reports submitted to them which

pertain to the apprehension of criminals, the prevention of

crime and the maintenance of law and order in order to assist

peace officers more effectively to discharge their duties.

(Source: P.A. 84-25.)

(20 ILCS 2615/2) (from Ch. 121, par. 307.22)

Sec. 2. The Illinois Department of State Police, the

county board of any county, the city council of any city and

the board of trustees of any village or incorporated town are

authorized to purchase or acquire and furnish radio receiving

sets to all peace officers under their jurisdiction. These

radio receiving sets shall only be used by such officers in the

performance of their duties as police officers in this State

and shall always be set and in readiness to receive any report

or message that may be broadcasted from any radio broadcasting

station operated by the Illinois Department of State Police

under this Act. Every police officer receiving a radio set

shall make a report to the Illinois Department of State Police

at such times and containing such information as the Illinois

State Police Department may require.

(Source: P.A. 84-25.)

(20 ILCS 2615/6) (from Ch. 121, par. 307.26)

Sec. 6. The Illinois Department of State Police is

authorized to use any money appropriated to it for the purpose

of patrolling and policing the public highways in carrying out

the provisions of this Act.

(Source: P.A. 84-25.)

(20 ILCS 2615/10)

Sec. 10. Public safety radio interoperability. Upon their

establishment and thereafter, the Director of the Illinois

State Police, or his or her designee, shall serve as the

chairman of the Illinois Statewide Interoperability Executive

Committee (SIEC) and as the chairman of the STARCOM21

Oversight Committee. The Director, as chairman, may increase

the size and makeup of the voting membership of each committee

when deemed necessary for improved public safety radio

interoperability, but the voting membership of each committee

must represent public safety users (police, fire, or EMS) and

must, at a minimum, include the representatives specified in

this Section. The STARCOM21 Oversight Committee must comprise

public safety users accessing the system. The SIEC shall have

at a minimum one representative from each of the following:

the Illinois Fire Chiefs Association, the Rural Fire

Protection Association, the Office of the State Fire Marshal,

the Illinois Association of Chiefs of Police, the Illinois

Sheriffs' Association, the Illinois State Police, the Illinois

Emergency Management Agency, the Department of Public Health,

and the Secretary of State Police (which representative shall

be the Director of the Secretary of State Police or his or her

designee).

(Source: P.A. 94-1005, eff. 7-3-06.)

Section 210. The Narcotic Control Division Abolition Act

is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, and 8 as

follows:

(20 ILCS 2620/1) (from Ch. 127, par. 55d)

Sec. 1. The Division of Narcotic Control is abolished and

its functions are transferred to and shall be administered by

the Illinois Department of State Police.

When used in this Act, unless the context otherwise

indicates:

"Department" means the Department of State Police;

"Director" means the Director of the Illinois Department

of State Police.

(Source: P.A. 84-25.)

(20 ILCS 2620/2) (from Ch. 127, par. 55e)

Sec. 2. The Illinois State Police Department shall enforce

all laws regulating the production, sale, prescribing,

manufacturing, administering, transporting, having in

possession, dispensing, delivering, distributing or use of

controlled substances as defined in the "Illinois Controlled

Substances Act", and cannabis as defined in the "Cannabis

Control Act" enacted by the 77th General Assembly, as now or

hereafter amended, and any other duties conferred upon the

Illinois State Police Department by law.

(Source: P.A. 77-770.)

(20 ILCS 2620/3) (from Ch. 127, par. 55f)

Sec. 3. The Director may, in conformity with the Personnel

Code, employ such inspectors, physicians, pharmacists,

chemists, clerical and other employees as are necessary to

carry out the duties of the Illinois State Police Department.

(Source: P.A. 76-442.)

(20 ILCS 2620/4) (from Ch. 127, par. 55g)

Sec. 4. The Director and the inspectors appointed by him

are conservators of the peace and as such have all the powers

possessed by policemen in cities and by sheriffs, except that

they may exercise such powers anywhere in the State, in

enforcing the duties conferred upon the Illinois State Police

Department by Section 2 of this Act.

(Source: P.A. 76-442.)

(20 ILCS 2620/5) (from Ch. 127, par. 55h)

Sec. 5. The Illinois State Police Department shall advise

and inform local and other State law-enforcement officers of

various controlled substances and cannabis law-enforcement

practices and shall establish a central office where local and

other State law-enforcement officers may report controlled

substances and cannabis violations and obtain information

about controlled substances and cannabis violators. Every

local and other State law-enforcement officer shall report any

violation of the controlled substances and cannabis laws of

this State to the Illinois State Police Department.

(Source: P.A. 77-770.)

(20 ILCS 2620/6) (from Ch. 127, par. 55i)

Sec. 6. The Illinois Department of State Police is

authorized to establish laboratories for the purpose of

testing of controlled substances and cannabis which are

seized.

The Illinois Department of State Police shall formulate,

adopt and put into effect such reasonable rules and

regulations as are necessary to carry out the provisions of

this Act.

(Source: P.A. 85-1042.)

(20 ILCS 2620/7) (from Ch. 127, par. 55j)

Sec. 7. Expenditures; evidence; forfeited property.

(a) The Director and the inspectors appointed by him, when

authorized by the Director, may expend such sums as the

Director deems necessary in the purchase of controlled

substances and cannabis for evidence and in the employment of

persons to obtain evidence.

Such sums to be expended shall be advanced to the officer

who is to make such purchase or employment from funds

appropriated or made available by law for the support or use of

the Illinois State Police Department on vouchers therefor

signed by the Director. The Director and such officers are

authorized to maintain one or more commercial checking

accounts with any State banking corporation or corporations

organized under or subject to the Illinois Banking Act for the

deposit and withdrawal of moneys to be used for the purchase of

evidence and for the employment of persons to obtain evidence;

provided that no check may be written on nor any withdrawal

made from any such account except on the written signatures of

2 persons designated by the Director to write such checks and

make such withdrawals.

(b) The Director is authorized to maintain one or more

commercial bank accounts with any State banking corporation or

corporations organized under or subject to the Illinois

Banking Act, as now or hereafter amended, for the deposit or

withdrawal of (i) moneys forfeited to the Illinois State

Police Department, including the proceeds of the sale of

forfeited property, as provided in Section 2 of the State

Officers and Employees Money Disposition Act, as now or

hereafter amended, pending disbursement to participating

agencies and deposit of the Illinois State Police's

Department's share as provided in subsection (c), and (ii) all

moneys being held as evidence by the Illinois State Police

Department, pending final court disposition; provided that no

check may be written on or any withdrawal made from any such

account except on the written signatures of 2 persons

designated by the Director to write such checks and make such

withdrawals.

(c) All moneys received by the Illinois State Police as

their share of forfeited funds (including the proceeds of the

sale of forfeited property) received pursuant to the Drug

Asset Forfeiture Procedure Act, the Cannabis Control Act, the

Illinois Controlled Substances Act, the Methamphetamine

Control and Community Protection Act, the Environmental

Protection Act, or any other Illinois law shall be deposited

into the State Asset Forfeiture Fund, which is hereby created

as an interest-bearing special fund in the State treasury.

All moneys received by the Illinois State Police as their

share of forfeited funds (including the proceeds of the sale

of forfeited property) received pursuant to federal equitable

sharing transfers shall be deposited into the Federal Asset

Forfeiture Fund, which is hereby created as an

interest-bearing special fund in the State treasury.

The moneys deposited into the State Asset Forfeiture Fund

and the Federal Asset Forfeiture Fund shall be appropriated to

the Illinois Department of State Police and may be used by the

Illinois State Police in accordance with law.

(Source: P.A. 94-556, eff. 9-11-05.)

(20 ILCS 2620/8) (from Ch. 127, par. 55k)

Sec. 8. The Attorney General, upon the request of the

Illinois State Police Department, shall prosecute any

violation of this Act, and of the Illinois Controlled

Substances Act, the Cannabis Control Act, and the

Methamphetamine Control and Community Protection Act.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 215. The Volunteer Firefighting Rescue Unit Use

Act is amended by changing the title of the Act and Sections 1,

2, 3, and 4 as follows:

(20 ILCS 2625/Act title)

An Act relating to the use of rescue units of volunteer

fire fighting organizations by the Illinois Department of

State Police and making an appropriation therefor.

(20 ILCS 2625/1) (from Ch. 127, par. 289)

Sec. 1. As used in this Act, unless the context otherwise

requires, the following terms have the following meanings:

Department means the Department of State Police;

Rescue unit means a unit of an unpaid volunteer fire

fighting organization which is specially trained for emergency

rescue work such as resuscitation of heart attack, drowning,

suffocation or epilepsy victims, recovery of bodies of

drowning victims and similar activities;

District means a geographical area designated by the

Illinois State Police Department for administration of laws by

the Division of Fire Prevention of the Illinois State Police

Department.

(Source: P.A. 84-25.)

(20 ILCS 2625/2) (from Ch. 127, par. 290)

Sec. 2. The Illinois State Police Department may request

the cooperation and use of facilities of any rescue unit to aid

it when engaged in any activity designed to save human life or

to recover the body of a victim. Such a request shall be

directed to a rescue unit or units located within the district

where the rescue work is to be performed. If there is no rescue

unit located within the district or if there are not

sufficient rescue units therein to perform the required work,

requests may be directed to rescue units located in other

districts.

(Source: Laws 1953, p. 178.)

(20 ILCS 2625/3) (from Ch. 127, par. 291)

Sec. 3. When the Illinois State Police Department requests

the services of a rescue unit it shall pay the personnel of

such unit for time actually spent in rescue work at the rate of

$2.50 per hour.

(Source: Laws 1953, p. 178.)

(20 ILCS 2625/4) (from Ch. 127, par. 292)

Sec. 4. If any equipment of a volunteer fire fighting

organization is lost or damaged while its rescue unit is

engaged in rescue work at the request of the Illinois State

Police Department, it shall be reimbursed by the State of

Illinois. A claim for such reimbursement may be filed with the

Court of Claims.

(Source: Laws 1953, p. 178.)

Section 220. The Criminal Identification Act is amended by

changing Sections 1, 2, 2.1, 2.2, 3, 3.1, 3.3, 4, 5, 7, 7.5, 8,

9, 9.5, 10, 13, and 14 as follows:

(20 ILCS 2630/1) (from Ch. 38, par. 206-1)

Sec. 1. The Illinois Department of State Police

hereinafter referred to as the "Department", is hereby

empowered to cope with the task of criminal identification and

investigation.

The Director of the Illinois Department of State Police

shall, from time to time, appoint such employees or assistants

as may be necessary to carry out this work. Employees or

assistants so appointed shall receive salaries subject to the

standard pay plan provided for in the "Personnel Code",

approved July 18, 1955, as amended.

(Source: P.A. 84-25.)

(20 ILCS 2630/2) (from Ch. 38, par. 206-2)

Sec. 2. The Illinois State Police Department shall procure

and file for record, as far as can be procured from any source,

photographs, all plates, outline pictures, measurements,

descriptions and information of all persons who have been

arrested on a charge of violation of a penal statute of this

State and such other information as is necessary and helpful

to plan programs of crime prevention, law enforcement and

criminal justice, and aid in the furtherance of those

programs.

(Source: P.A. 76-444.)

(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)

Sec. 2.1. For the purpose of maintaining complete and

accurate criminal records of the Illinois Department of State

Police, it is necessary for all policing bodies of this State,

the clerk of the circuit court, the Illinois Department of

Corrections, the sheriff of each county, and State's Attorney

of each county to submit certain criminal arrest, charge, and

disposition information to the Illinois State Police

Department for filing at the earliest time possible. Unless

otherwise noted herein, it shall be the duty of all policing

bodies of this State, the clerk of the circuit court, the

Illinois Department of Corrections, the sheriff of each

county, and the State's Attorney of each county to report such

information as provided in this Section, both in the form and

manner required by the Illinois State Police Department and

within 30 days of the criminal history event. Specifically:

(a) Arrest Information. All agencies making arrests

for offenses which are required by statute to be

collected, maintained or disseminated by the Illinois

Department of State Police shall be responsible for

furnishing daily to the Illinois State Police Department

fingerprints, charges and descriptions of all persons who

are arrested for such offenses. All such agencies shall

also notify the Illinois State Police Department of all

decisions by the arresting agency not to refer such

arrests for prosecution. With approval of the Illinois

State Police Department, an agency making such arrests may

enter into arrangements with other agencies for the

purpose of furnishing daily such fingerprints, charges and

descriptions to the Illinois State Police Department upon

its behalf.

(b) Charge Information. The State's Attorney of each

county shall notify the Illinois State Police Department

of all charges filed and all petitions filed alleging that

a minor is delinquent, including all those added

subsequent to the filing of a case, and whether charges

were not filed in cases for which the Illinois State

Police Department has received information required to be

reported pursuant to paragraph (a) of this Section. With

approval of the Illinois State Police Department, the

State's Attorney may enter into arrangements with other

agencies for the purpose of furnishing the information

required by this subsection (b) to the Illinois State

Police Department upon the State's Attorney's behalf.

(c) Disposition Information. The clerk of the circuit

court of each county shall furnish the Illinois State

Police Department, in the form and manner required by the

Supreme Court, with all final dispositions of cases for

which the Illinois State Police Department has received

information required to be reported pursuant to paragraph

(a) or (d) of this Section. Such information shall

include, for each charge, all (1) judgments of not guilty,

judgments of guilty including the sentence pronounced by

the court with statutory citations to the relevant

sentencing provision, findings that a minor is delinquent

and any sentence made based on those findings, discharges

and dismissals in the court; (2) reviewing court orders

filed with the clerk of the circuit court which reverse or

remand a reported conviction or findings that a minor is

delinquent or that vacate or modify a sentence or sentence

made following a trial that a minor is delinquent; (3)

continuances to a date certain in furtherance of an order

of supervision granted under Section 5-6-1 of the Unified

Code of Corrections or an order of probation granted under

Section 10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

the Criminal Code of 1961 or the Criminal Code of 2012,

Section 10-102 of the Illinois Alcoholism and Other Drug

Dependency Act, Section 40-10 of the Substance Use

Disorder Act, Section 10 of the Steroid Control Act, or

Section 5-615 of the Juvenile Court Act of 1987; and (4)

judgments or court orders terminating or revoking a

sentence to or juvenile disposition of probation,

supervision or conditional discharge and any resentencing

or new court orders entered by a juvenile court relating

to the disposition of a minor's case involving delinquency

after such revocation.

(d) Fingerprints After Sentencing.

(1) After the court pronounces sentence, sentences

a minor following a trial in which a minor was found to

be delinquent or issues an order of supervision or an

order of probation granted under Section 10 of the

Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section

12-3.05 of the Criminal Code of 1961 or the Criminal

Code of 2012, Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Substance Use Disorder Act, Section 10 of

the Steroid Control Act, or Section 5-615 of the

Juvenile Court Act of 1987 for any offense which is

required by statute to be collected, maintained, or

disseminated by the Illinois Department of State

Police, the State's Attorney of each county shall ask

the court to order a law enforcement agency to

fingerprint immediately all persons appearing before

the court who have not previously been fingerprinted

for the same case. The court shall so order the

requested fingerprinting, if it determines that any

such person has not previously been fingerprinted for

the same case. The law enforcement agency shall submit

such fingerprints to the Illinois State Police

Department daily.

(2) After the court pronounces sentence or makes a

disposition of a case following a finding of

delinquency for any offense which is not required by

statute to be collected, maintained, or disseminated

by the Illinois Department of State Police, the

prosecuting attorney may ask the court to order a law

enforcement agency to fingerprint immediately all

persons appearing before the court who have not

previously been fingerprinted for the same case. The

court may so order the requested fingerprinting, if it

determines that any so sentenced person has not

previously been fingerprinted for the same case. The

law enforcement agency may retain such fingerprints in

its files.

(e) Corrections Information. The Illinois Department

of Corrections and the sheriff of each county shall

furnish the Illinois State Police Department with all

information concerning the receipt, escape, execution,

death, release, pardon, parole, commutation of sentence,

granting of executive clemency or discharge of an

individual who has been sentenced or committed to the

agency's custody for any offenses which are mandated by

statute to be collected, maintained or disseminated by the

Illinois Department of State Police. For an individual who

has been charged with any such offense and who escapes

from custody or dies while in custody, all information

concerning the receipt and escape or death, whichever is

appropriate, shall also be so furnished to the Illinois

State Police Department.

(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19.)

(20 ILCS 2630/2.2)

Sec. 2.2. Notification to the Illinois State Police

Department. Upon judgment of conviction of a violation of

Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

Criminal Code of 1961 or the Criminal Code of 2012 when the

defendant has been determined, pursuant to Section 112A-11.1

of the Code of Criminal Procedure of 1963, to be subject to the

prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk

shall include notification and a copy of the written

determination in a report of the conviction to the Illinois

Department of State Police Firearm Owner's Identification Card

Office to enable the office to perform its duties under

Sections 4 and 8 of the Firearm Owners Identification Card Act

and to report that determination to the Federal Bureau of

Investigation to assist the Bureau in identifying persons

prohibited from purchasing and possessing a firearm pursuant

to the provisions of 18 U.S.C. 922. The written determination

described in this Section shall be included in the defendant's

record of arrest and conviction in the manner and form

prescribed by the Illinois Department of State Police.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(20 ILCS 2630/3) (from Ch. 38, par. 206-3)

Sec. 3. Information to be furnished peace officers and

commanding officers of certain military installations in

Illinois.

(A) The Illinois State Police Department shall file or

cause to be filed all plates, photographs, outline pictures,

measurements, descriptions and information which shall be

received by it by virtue of its office and shall make a

complete and systematic record and index of the same,

providing thereby a method of convenient reference and

comparison. The Illinois State Police Department shall

furnish, upon application, all information pertaining to the

identification of any person or persons, a plate, photograph,

outline picture, description, measurements, or any data of

which there is a record in its office. Such information shall

be furnished to peace officers of the United States, of other

states or territories, of the Insular possessions of the

United States, of foreign countries duly authorized to receive

the same, to all peace officers of the State of Illinois, to

investigators of the Illinois Law Enforcement Training

Standards Board and, conviction information only, to units of

local government, school districts, private organizations, and

requesting institutions as defined in Section 2605-345 of the

Illinois Department of State Police Law under the provisions

of Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,

2605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130,

2605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,

2605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,

2605-335, 2605-340, 2605-345, 2605-350, 2605-355, 2605-360,

2605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,

2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the

Illinois Department of State Police Law (20 ILCS 2605/2605-10,

2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,

2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,

2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,

2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,

2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,

2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,

2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,

2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,

2605/2605-435, 2605/2605-500, 2605/2605-525, or

2605/2605-550). Applications shall be in writing and

accompanied by a certificate, signed by the peace officer or

chief administrative officer or his designee making such

application, to the effect that the information applied for is

necessary in the interest of and will be used solely in the due

administration of the criminal laws or for the purpose of

evaluating the qualifications and character of employees,

prospective employees, volunteers, or prospective volunteers

of units of local government, school districts, and private

organizations, or for the purpose of evaluating the character

of persons who may be granted or denied access to municipal

utility facilities under Section 11-117.1-1 of the Illinois

Municipal Code.

For the purposes of this subsection, "chief administrative

officer" is defined as follows:

a) The city manager of a city or, if a city does not

employ a city manager, the mayor of the city.

b) The manager of a village or, if a village does not

employ a manager, the president of the village.

c) The chairman or president of a county board or, if a

county has adopted the county executive form of

government, the chief executive officer of the county.

d) The president of the school board of a school

district.

e) The supervisor of a township.

f) The official granted general administrative control

of a special district, an authority, or organization of

government establishment by law which may issue

obligations and which either may levy a property tax or

may expend funds of the district, authority, or

organization independently of any parent unit of

government.

g) The executive officer granted general

administrative control of a private organization defined

in Section 2605-335 of the Illinois Department of State

Police Law (20 ILCS 2605/2605-335).

(B) Upon written application and payment of fees

authorized by this subsection, State agencies and units of

local government, not including school districts, are

authorized to submit fingerprints of employees, prospective

employees and license applicants to the Illinois State Police

Department for the purpose of obtaining conviction information

maintained by the Illinois State Police Department and the

Federal Bureau of Investigation about such persons. The

Illinois State Police Department shall submit such

fingerprints to the Federal Bureau of Investigation on behalf

of such agencies and units of local government. The Illinois

State Police Department shall charge an application fee, based

on actual costs, for the dissemination of conviction

information pursuant to this subsection. The Illinois State

Police Department is empowered to establish this fee and shall

prescribe the form and manner for requesting and furnishing

conviction information pursuant to this subsection.

(C) Upon payment of fees authorized by this subsection,

the Illinois State Police Department shall furnish to the

commanding officer of a military installation in Illinois

having an arms storage facility, upon written request of such

commanding officer or his designee, and in the form and manner

prescribed by the Illinois State Police Department, all

criminal history record information pertaining to any

individual seeking access to such a storage facility, where

such information is sought pursuant to a federally-mandated

security or criminal history check.

The Illinois State Police Department shall establish and

charge a fee, not to exceed actual costs, for providing

information pursuant to this subsection.

(Source: P.A. 97-1120, eff. 1-1-13.)

(20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)

Sec. 3.1. (a) The Illinois State Police Department may

furnish, pursuant to positive identification, records of

convictions to the Department of Professional Regulation for

the purpose of meeting registration or licensure requirements

under the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004.

(b) The Illinois State Police Department may furnish,

pursuant to positive identification, records of convictions to

policing bodies of this State for the purpose of assisting

local liquor control commissioners in carrying out their duty

to refuse to issue licenses to persons specified in paragraphs

(4), (5) and (6) of Section 6-2 of the Liquor Control Act of

1934.

(c) The Illinois State Police Department shall charge an

application fee, based on actual costs, for the dissemination

of records pursuant to this Section. Fees received for the

dissemination of records pursuant to this Section shall be

deposited in the State Police Services Fund. The Illinois

State Police Department is empowered to establish this fee and

to prescribe the form and manner for requesting and furnishing

conviction information pursuant to this Section.

(d) Any dissemination of any information obtained pursuant

to this Section to any person not specifically authorized

hereby to receive or use it for the purpose for which it was

disseminated shall constitute a violation of Section 7.

(Source: P.A. 95-613, eff. 9-11-07.)

(20 ILCS 2630/3.3)

Sec. 3.3. Federal Rap Back Service.

(a) In this Section:

"National criminal history record check" means a check of

criminal history records entailing the fingerprinting of the

person and submission of the fingerprints to the United States

Federal Bureau of Investigation for the purpose of obtaining

the national criminal history record of the person from the

Federal Bureau of Investigation.

"Rap Back Service" means the system that enables an

authorized agency or entity to receive ongoing status

notifications of any criminal history from the Illinois

Department of State Police or the Federal Bureau of

Investigation reported on a person whose fingerprints are

registered in the system, after approval and implementation of

the system.

(b) Agencies and entities in this State authorized by law

to conduct or obtain national criminal history background

checks for persons shall be eligible to participate in the

Federal Rap Back Service administered by the Illinois

Department of State Police. The Illinois Department of State

Police may submit fingerprints to the Federal Bureau of

Investigation Rap Back Service to be retained in the Federal

Bureau of Investigation Rap Back Service for the purpose of

being searched by future submissions to the Federal Bureau of

Investigation Rap Back Service, including latent fingerprint

searches and to collect all Federal Rap Back Service fees from

eligible agencies and entities wishing to participate in the

Rap Back Service and remit those fees to the Federal Bureau of

Investigation.

(c) The Illinois Department of State Police may adopt any

rules necessary for implementation of this Section.

(Source: P.A. 100-718, eff. 1-1-19.)

(20 ILCS 2630/4) (from Ch. 38, par. 206-4)

Sec. 4. The Illinois State Police Department may use the

following systems of identification: the Bertillon system, the

fingerprint finger print system, and any system of measurement

or identification that may be adopted by law or rule in the

various penal institutions or bureaus of identification

wherever located.

The Illinois State Police Department shall make a record

consisting of duplicates of all measurements, processes,

operations, signaletic signalletic cards, plates, photographs,

outline pictures, measurements, descriptions of and data

relating to all persons confined in penal institutions

wherever located, so far as the same are obtainable, in

accordance with whatever system or systems may be found most

efficient and practical.

(Source: P.A. 98-756, eff. 7-16-14.)

(20 ILCS 2630/5) (from Ch. 38, par. 206-5)

Sec. 5. Arrest reports. All policing bodies of this State

shall furnish to the Illinois State Police Department, daily,

in the form and detail the Illinois State Police Department

requires, fingerprints, descriptions, and ethnic and racial

background data as provided in Section 4.5 of this Act of all

persons who are arrested on charges of violating any penal

statute of this State for offenses that are classified as

felonies and Class A or B misdemeanors and of all minors of the

age of 10 and over who have been arrested for an offense which

would be a felony if committed by an adult, and may forward

such fingerprints and descriptions for minors arrested for

Class A or B misdemeanors. Moving or nonmoving traffic

violations under the Illinois Vehicle Code shall not be

reported except for violations of Chapter 4, Section 11-204.1,

or Section 11-501 of that Code. In addition, conservation

offenses, as defined in the Supreme Court Rule 501(c), that

are classified as Class B misdemeanors shall not be reported.

Those law enforcement records maintained by the Illinois State

Police Department for minors arrested for an offense prior to

their 17th birthday, or minors arrested for a non-felony

offense, if committed by an adult, prior to their 18th

birthday, shall not be forwarded to the Federal Bureau of

Investigation unless those records relate to an arrest in

which a minor was charged as an adult under any of the transfer

provisions of the Juvenile Court Act of 1987.

(Source: P.A. 98-528, eff. 1-1-15.)

(20 ILCS 2630/7) (from Ch. 38, par. 206-7)

Sec. 7. No file or record of the Illinois State Police

Department hereby created shall be made public, except as

provided in the "Illinois Uniform Conviction Information Act"

or other Illinois law or as may be necessary in the

identification of persons suspected or accused of crime and in

their trial for offenses committed after having been

imprisoned for a prior offense; and no information of any

character relating to its records shall be given or furnished

by the Illinois State Police said Department to any person,

bureau or institution other than as provided in this Act or

other State law, or when a governmental unit is required by

state or federal law to consider such information in the

performance of its duties. Violation of this Section shall

constitute a Class A misdemeanor.

However, if an individual requests the Illinois State

Police Department to release information as to the existence

or nonexistence of any criminal record he might have, the

Illinois State Police Department shall do so upon determining

that the person for whom the record is to be released is

actually the person making the request. The Illinois State

Police Department shall establish reasonable fees and rules to

allow an individual to review and correct any criminal history

record information the Illinois State Police Department may

hold concerning that individual upon verification of the

identity of the individual. Such rulemaking is subject to the

provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 85-922.)

(20 ILCS 2630/7.5)

Sec. 7.5. Notification of outstanding warrant. If the

existence of an outstanding arrest warrant is identified by

the Illinois Department of State Police in connection with the

criminal history background checks conducted pursuant to

subsection (b) of Section 2-201.5 of the Nursing Home Care

Act, Section 2-201.5 of the ID/DD Community Care Act, Section

2-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of

the Hospital Licensing Act, the Illinois State Police

Department shall notify the jurisdiction issuing the warrant

of the following:

(1) Existence of the warrant.

(2) The name, address, and telephone number of the

licensed long term care facility in which the wanted

person resides.

Local issuing jurisdictions shall be aware that nursing

facilities have residents who may be fragile or vulnerable or

who may have a mental illness. When serving a warrant, law

enforcement shall make every attempt to mitigate the adverse

impact on other facility residents.

(Source: P.A. 99-180, eff. 7-29-15.)

(20 ILCS 2630/8) (from Ch. 38, par. 206-8)

Sec. 8. Crime statistics; sex offenders.

(a) The Illinois State Police Department shall be a

central repository and custodian of crime statistics for the

State and it shall have all power incident thereto to carry out

the purposes of this Act, including the power to demand and

receive cooperation in the submission of crime statistics from

all units of government. On an annual basis, the Illinois

Criminal Justice Information Authority shall make available

compilations published by the Authority of crime statistics

required to be reported by each policing body of the State, the

clerks of the circuit court of each county, the Illinois

Department of Corrections, the Sheriff of each county, and the

State's Attorney of each county, including, but not limited

to, criminal arrest, charge and disposition information.

(b) The Illinois State Police Department shall develop

information relating to the number of sex offenders and sexual

predators as defined in Section 2 of the Sex Offender

Registration Act who are placed on parole, mandatory

supervised release, or extended mandatory supervised release

and who are subject to electronic monitoring.

(Source: P.A. 94-988, eff. 1-1-07.)

(20 ILCS 2630/9) (from Ch. 38, par. 206-9)

Sec. 9. (a) Every county medical examiner and coroner

shall, in every death investigation where the identity of a

dead body cannot be determined by visual means, fingerprints,

or other identifying data, have a qualified dentist, as

determined by the county medical examiner or coroner, conduct

a dental examination of the dead body. If the county medical

examiner or coroner, with the aid of the dental examination

and other identifiers, is still unable to establish the

identity of the dead body, the medical examiner or coroner

shall forthwith submit the dental records to the Illinois

State Police Department.

(b) If a person reported missing has not been found within

30 days, the law enforcement agency to whom the person was

reported missing shall, within the next 5 days, make all

necessary efforts to locate and request from the family or

next of kin of the missing person written consent to contact

and receive from the dentist of the missing person that

person's dental records and shall forthwith make every

reasonable effort to acquire such records. Within 5 days of

the receipt of the missing person's dental records, the law

enforcement agency shall submit such records to the Illinois

State Police Department.

(c) The Illinois State Police Department shall be the

State central repository for all dental records submitted

pursuant to this Section. The Illinois State Police Department

may promulgate rules for the form and manner of submission of

dental records, reporting of the location or identification of

persons for whom dental records have been submitted and other

procedures for program operations.

(d) When a person who has been reported missing is located

and that person's dental records have been submitted to the

Illinois State Police Department, the law enforcement agency

which submitted that person's dental records to the Illinois

State Police Department shall report that fact to the Illinois

State Police Department and the Illinois State Police

Department shall expunge the dental records of that person

from the Illinois State Police's Department's file. The

Illinois State Police Department shall also expunge from its

files the dental records of those dead and missing persons who

are positively identified as a result of comparisons made with

its files, the files maintained by other states, territories,

insular possessions of the United States, or the United

States.

(Source: P.A. 84-255.)

(20 ILCS 2630/9.5)

Sec. 9.5. Material for DNA fingerprint analysis. Every

county medical examiner and coroner shall provide to the

Illinois State Police Department a sample of dried blood and

buccal specimens (tissue may be submitted if no uncontaminated

blood or buccal specimens can be obtained) from a dead body for

DNA fingerprint analysis if the Illinois State Police

Department notifies the medical examiner or coroner that the

Illinois State Police Department has determined that providing

that sample may be useful for law enforcement purposes in a

criminal investigation. In addition, if a local law

enforcement agency notifies a county medical examiner or

coroner that such a sample would be useful in a criminal

examination, the county medical examiner or coroner shall

provide a sample to the local law enforcement agency for

submission to the Illinois State Police Department.

(Source: P.A. 95-500, eff. 1-1-08.)

(20 ILCS 2630/10) (from Ch. 38, par. 206-10)

Sec. 10. Judicial Remedies. The Attorney General or a

State's Attorney may bring suit in the circuit courts to

prevent and restrain violations of the Illinois Uniform

Conviction Information Act, enacted by the 85th General

Assembly and to enforce the reporting provisions of Section

2.1 of this Act. The Illinois Department of State Police may

request the Attorney General to bring any such action

authorized by this subsection.

(Source: P.A. 85-922.)

(20 ILCS 2630/13)

Sec. 13. Retention and release of sealed records.

(a) The Illinois Department of State Police shall retain

records sealed under subsection (c) or (e-5) of Section 5.2 or

impounded under subparagraph (B) or (B-5) of paragraph (9) of

subsection (d) of Section 5.2 and shall release them only as

authorized by this Act. Felony records sealed under subsection

(c) or (e-5) of Section 5.2 or impounded under subparagraph

(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2

shall be used and disseminated by the Illinois State Police

Department only as otherwise specifically required or

authorized by a federal or State law, rule, or regulation that

requires inquiry into and release of criminal records,

including, but not limited to, subsection (A) of Section 3 of

this Act. However, all requests for records that have been

expunged, sealed, and impounded and the use of those records

are subject to the provisions of Section 2-103 of the Illinois

Human Rights Act. Upon conviction for any offense, the

Department of Corrections shall have access to all sealed

records of the Illinois State Police Department pertaining to

that individual.

(b) Notwithstanding the foregoing, all sealed or impounded

records are subject to inspection and use by the court and

inspection and use by law enforcement agencies and State's

Attorneys or other prosecutors in carrying out the duties of

their offices.

(c) The sealed or impounded records maintained under

subsection (a) are exempt from disclosure under the Freedom of

Information Act.

(d) The Illinois Department of State Police shall commence

the sealing of records of felony arrests and felony

convictions pursuant to the provisions of subsection (c) of

Section 5.2 of this Act no later than one year from the date

that funds have been made available for purposes of

establishing the technologies necessary to implement the

changes made by this amendatory Act of the 93rd General

Assembly.

(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;

98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)

(20 ILCS 2630/14)

Sec. 14. Expungement Backlog Accountability Law.

(a) On or before August 1 of each year, the Illinois

Department of State Police shall report to the Governor, the

Attorney General, the Office of the State Appellate Defender,

and both houses of the General Assembly the following

information for the previous fiscal year:

(1) the number of petitions to expunge received by the

Illinois State Police Department;

(2) the number of petitions to expunge to which the

Illinois State Police Department objected pursuant to

subdivision (d)(5)(B) of Section 5.2 of this Act;

(3) the number of petitions to seal records received

by the Illinois State Police Department;

(4) the number of petitions to seal records to which

the Illinois State Police Department objected pursuant to

subdivision (d)(5)(B) of Section 5.2 of this Act;

(5) the number of orders to expunge received by the

Illinois State Police Department;

(6) the number of orders to expunge to which the

Illinois State Police Department successfully filed a

motion to vacate, modify or reconsider under paragraph

(12) of subsection (d) of Section 5.2 of this Act;

(7) the number of orders to expunge records entered by

the Illinois State Police Department;

(8) the number of orders to seal records received by

the Illinois State Police Department;

(9) the number of orders to seal records to which the

Illinois State Police Department successfully filed a

motion to vacate, modify or reconsider under paragraph

(12) of subsection (d) of Section 5.2 of this Act;

(10) the number of orders to seal records entered by

the Illinois State Police Department;

(11) the amount of fees received by the Illinois State

Police Department pursuant to subdivision (d)(10) of

Section 5.2 of this Act and deposited into the State

Police Services Fund;

(12) the number of orders to expunge or to seal

records received by the Illinois State Police Department

that have not been entered as of June 30 of the previous

fiscal year.

(b) The information reported under this Section shall be

made available to the public, at the time it is reported, on

the official web site of the Illinois Department of State

Police.

(c) Upon request of a State's Attorney or the Attorney

General, the Illinois State Police Department shall provide

within 90 days a list of all orders to expunge or seal with

which the Illinois State Police Department has not yet

complied. This list shall include the date of the order, the

name of the petitioner, the case number, and a detailed

statement of the basis for non-compliance.

(Source: P.A. 98-163, eff. 8-5-13.)

Section 225. The Illinois Uniform Conviction Information

Act is amended by changing the title of the Act and Sections 2,

3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 21

as follows:

(20 ILCS 2635/Act title)

An Act providing for uniform, public access to conviction

records maintained by the Illinois Department of State Police,

amending certain Acts in relation thereto.

(20 ILCS 2635/2) (from Ch. 38, par. 1602)

Sec. 2. Legislative Findings and Purposes. (A) The

legislature finds and hereby declares that conviction

information maintained by the Illinois Department of State

Police shall be publicly available in the State of Illinois.

(B) The purpose of this Act is: (1) to establish uniform

policy for gaining access to and disseminating conviction

information maintained by the State of Illinois; (2) to

establish guidelines and priorities which fully support

effective law enforcement and ongoing criminal investigations

and which ensure that conviction information is made

accessible within appropriate time frames; (3) to ensure the

accuracy and completeness of conviction information in the

State of Illinois; and (4) to establish procedures for

effectively correcting errors and providing individuals with

redress of grievances in the event that inaccurate or

incomplete information may be disseminated about them.

(Source: P.A. 85-922.)

(20 ILCS 2635/3) (from Ch. 38, par. 1603)

Sec. 3. Definitions. Whenever used in this Act, and for

the purposes of this Act, unless the context clearly indicates

otherwise:

(A) "Accurate" means factually correct, containing no

mistake or error of a material nature.

(B) The phrase "administer the criminal laws" includes any

of the following activities: intelligence gathering,

surveillance, criminal investigation, crime detection and

prevention (including research), apprehension, detention,

pretrial or post-trial release, prosecution, the correctional

supervision or rehabilitation of accused persons or criminal

offenders, criminal identification activities, data analysis

and research done by the sentencing commission, or the

collection, maintenance or dissemination of criminal history

record information.

(C) "The Authority" means the Illinois Criminal Justice

Information Authority.

(D) "Automated" means the utilization of computers,

telecommunication lines, or other automatic data processing

equipment for data collection or storage, analysis,

processing, preservation, maintenance, dissemination, or

display and is distinguished from a system in which such

activities are performed manually.

(E) "Complete" means accurately reflecting all the

criminal history record information about an individual that

is required to be reported to the Illinois State Police

Department pursuant to Section 2.1 of the Criminal

Identification Act.

(F) "Conviction information" means data reflecting a

judgment of guilt or nolo contendere. The term includes all

prior and subsequent criminal history events directly relating

to such judgments, such as, but not limited to: (1) the

notation of arrest; (2) the notation of charges filed; (3) the

sentence imposed; (4) the fine imposed; and (5) all related

probation, parole, and release information. Information ceases

to be "conviction information" when a judgment of guilt is

reversed or vacated.

For purposes of this Act, continuances to a date certain

in furtherance of an order of supervision granted under

Section 5-6-1 of the Unified Code of Corrections or an order of

probation granted under either Section 10 of the Cannabis

Control Act, Section 410 of the Illinois Controlled Substances

Act, Section 70 of the Methamphetamine Control and Community

Protection Act, Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05 of the Criminal Code of 1961 or the Criminal

Code of 2012, Section 10-102 of the Illinois Alcoholism and

Other Drug Dependency Act, Section 40-10 of the Substance Use

Disorder Act, or Section 10 of the Steroid Control Act shall

not be deemed "conviction information".

(G) "Criminal history record information" means data

identifiable to an individual, including information collected

under Section 4.5 of the Criminal Identification Act, and

consisting of descriptions or notations of arrests,

detentions, indictments, informations, pretrial proceedings,

trials, or other formal events in the criminal justice system

or descriptions or notations of criminal charges (including

criminal violations of local municipal ordinances) and the

nature of any disposition arising therefrom, including

sentencing, court or correctional supervision, rehabilitation

and release. The term does not apply to statistical records

and reports in which individuals are not identified and from

which their identities are not ascertainable, or to

information that is for criminal investigative or intelligence

purposes.

(H) "Criminal justice agency" means (1) a government

agency or any subunit thereof which is authorized to

administer the criminal laws and which allocates a substantial

part of its annual budget for that purpose, or (2) an agency

supported by public funds which is authorized as its principal

function to administer the criminal laws and which is

officially designated by the Illinois State Police Department

as a criminal justice agency for purposes of this Act.

(I) (Blank). "The Department" means the Illinois

Department of State Police.

(J) "Director" means the Director of the Illinois

Department of State Police.

(K) "Disseminate" means to disclose or transmit conviction

information in any form, oral, written, or otherwise.

(L) "Exigency" means pending danger or the threat of

pending danger to an individual or property.

(M) "Non-criminal justice agency" means a State agency,

Federal agency, or unit of local government that is not a

criminal justice agency. The term does not refer to private

individuals, corporations, or non-governmental agencies or

organizations.

(M-5) "Request" means the submission to the Illinois State

Police Department, in the form and manner required, the

necessary data elements or fingerprints, or both, to allow the

Illinois State Police Department to initiate a search of its

criminal history record information files.

(N) "Requester" means any private individual, corporation,

organization, employer, employment agency, labor organization,

or non-criminal justice agency that has made a request

pursuant to this Act to obtain conviction information

maintained in the files of the Illinois Department of State

Police regarding a particular individual.

(O) "Statistical information" means data from which the

identity of an individual cannot be ascertained,

reconstructed, or verified and to which the identity of an

individual cannot be linked by the recipient of the

information.

(P) "Sentencing commission" means the Sentencing Policy

Advisory Council.

(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17;

100-759, eff. 1-1-19.)

(20 ILCS 2635/4) (from Ch. 38, par. 1604)

Sec. 4. Applicability.

(A) The provisions of this Act shall apply only to

conviction information mandated by statute to be reported to

or to be collected, maintained, or disseminated by the

Illinois Department of State Police.

(B) The provisions of this Act shall not apply to

statistical information.

(C) In the event of conflict between the application of

this Act and the statutes listed in paragraphs (1), (2), (3),

(4), or (5) below, the statutes listed below, as hereafter

amended, shall control unless specified otherwise:

(1) The Juvenile Court Act of 1987; or

(2) Section 5-3-4 of the Unified Code of Corrections;

or

(3) Paragraph (4) of Section 12 of the Probation and

Probation Officers Act; or

(4) Section 2.1 of the Criminal Identification Act; or

(5) The Pretrial Services Act.

(Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)

(20 ILCS 2635/5) (from Ch. 38, par. 1605)

Sec. 5. Public Availability of Conviction Information. All

conviction information mandated by statute to be collected and

maintained by the Illinois Department of State Police shall be

open to public inspection in the State of Illinois. All

persons, state agencies and units of local government shall

have access to inspect, examine and reproduce such

information, in accordance with this Act, and shall have the

right to take memoranda and abstracts concerning such

information, except to the extent that the provisions of this

Act or other Illinois statutes might create specific

restrictions on the use or disclosure of such information.

(Source: P.A. 85-922.)

(20 ILCS 2635/6) (from Ch. 38, par. 1606)

Sec. 6. Dissemination Time Frames and Priorities. (A) The

Illinois State Police's Department's duty and obligation to

furnish criminal history record information to peace officers

and criminal justice agencies shall take precedence over any

requirement of this Act to furnish conviction information to

non-criminal justice agencies or to the public. When, in the

judgment of the Director, such duties and obligations are

being fulfilled in a timely manner, the Illinois State Police

Department shall furnish conviction information to requesters

in accordance with the provisions of this Act. The Illinois

State Police Department may give priority to requests for

conviction information from non-criminal justice agencies over

other requests submitted pursuant to this Act.

(B) The Illinois State Police Department shall attempt to

honor requests for conviction information made pursuant to

this Act in the shortest time possible. Subject to the

dissemination priorities of subsection (A) of this Section,

the Illinois State Police Department shall respond to a

request for conviction information within 2 weeks from receipt

of a request.

(Source: P.A. 85-922.)

(20 ILCS 2635/7) (from Ch. 38, par. 1607)

Sec. 7. Restrictions on the Use of Conviction Information.

(A) The following provisions shall apply to requests

submitted pursuant to this Act for employment or licensing

purposes or submitted to comply with the provisions of

subsection (B) of this Section:

(1) A requester shall, in the form and manner

prescribed by the Illinois State Police Department, submit

a request to the Illinois State Police Department, and

maintain on file for at least 2 years a release signed by

the individual to whom the information request pertains.

The Illinois State Police Department shall furnish the

requester with a copy of its response.

(2) Each requester of conviction information furnished

by the Illinois State Police Department shall provide the

individual named in the request with a copy of the

response furnished by the Illinois State Police

Department. Within 7 working days of receipt of such copy,

the individual shall have the obligation and

responsibility to notify the requester if the information

is inaccurate or incomplete.

(3) Unless notified by the individual named in the

request or by the Illinois State Police Department that

the information furnished is inaccurate or incomplete, no

requester of conviction information shall be liable for

damages to any person to whom the information pertains for

actions the requester may reasonably take in reliance on

the accuracy and completeness of conviction information

received from the Illinois State Police Department

pursuant to this act, if: (a) the requester in good faith

believes the conviction information furnished by the

Illinois State Police Department to be accurate and

complete; (b) the requester has complied with the

requirements of paragraphs (1) and (2) of this subsection

(A); and (c) the identifying information submitted by the

requester to the Illinois State Police Department is

accurate with respect to the individual about whom the

information was requested.

(4) Consistent with rules adopted by the Illinois

State Police Department pursuant to Section 7 of the

Criminal Identification Act "An Act in relation to

criminal identification and investigation", approved July

2, 1931, as amended, the individual to whom the conviction

information pertains may initiate proceedings directly

with the Illinois State Police Department to challenge or

correct a record furnished by the Illinois State Police

Department pursuant to this subsection (A). Such

correction proceedings shall be given priority over other

individual record review and challenges filed with the

Illinois State Police Department.

(B) Regardless of the purpose of the request, no requester

of conviction information shall be liable for damages to any

person to whom the information pertains for actions the

requester may reasonably take in reliance on the accuracy and

completeness of conviction information received from the

Illinois State Police Department pursuant to this Act, if: (1)

the requester in good faith believes the conviction

information furnished by the Illinois State Police Department

to be accurate and complete; (2) the requester has complied

with the requirements of paragraphs (1) and (2) of subsection

(A) of this Section; and (3) the identifying information

submitted by the requester to the Illinois State Police

Department is accurate with respect to the individual about

whom the information was requested.

(Source: P.A. 88-368.)

(20 ILCS 2635/8) (from Ch. 38, par. 1608)

Sec. 8. Form, Manner and Fees for Requesting and Obtaining

Conviction Information.

(A) The Illinois State Police Department shall prescribe

the form and manner for requesting and furnishing conviction

information pursuant to this Act. The Illinois State Police

Department shall prescribe the types of identifying

information that must be submitted to the Illinois State

Police Department in order to process any request for

conviction information and the form and manner for making such

application, consistent with this Act.

(B) The Illinois State Police Department shall establish

the maximum fee it shall charge and assess for processing

requests for conviction information, and the Authority shall

establish the maximum fee that other criminal justice agencies

shall charge and assess for processing requests for conviction

information pursuant to this Act. Such fees shall include the

general costs associated with performing a search for all

information about each person for which a request is received

including classification, search, retrieval, reproduction,

manual and automated data processing, telecommunications

services, supplies, mailing and those general costs associated

with the inquiries required by subsection (B) of Section 9 and

Section 13 of this Act, and, when applicable, such fees shall

provide for the direct payment to or reimbursement of a

criminal justice agency for assisting the requester or the

Illinois State Police Department pursuant to this Act. In

establishing the fees required by this Section, the Illinois

State Police Department and the Authority may also take into

account the costs relating to multiple or automated requests

and disseminations and the costs relating to any other special

factors or circumstances required by statute or rule. The

maximum fees established by the Authority pursuant to this

Section may be waived or reduced at the discretion of a

criminal justice agency.

(Source: P.A. 94-365, eff. 7-29-05.)

(20 ILCS 2635/9) (from Ch. 38, par. 1609)

Sec. 9. Procedural Requirements for Disseminating

Conviction Information.

(A) In accordance with the time parameters of Section 6

and the requirements of subsection (B) of this Section 9, the

Illinois State Police Department shall either: (1) transmit

conviction information to the requester, including an

explanation of any code or abbreviation; (2) explain to the

requester why the information requested cannot be transmitted;

or (3) inform the requester of any deficiency in the request.

(B) Prior to a non-automated dissemination or within 30

days subsequent to an automated dissemination made pursuant to

this Act, the Illinois State Police Department shall first

conduct a formal update inquiry and review to make certain

that the information disseminated is complete, except (1) in

cases of exigency, (2) upon request of another criminal

justice agency, (3) for conviction information that is less

than 30 days old, or (4) for information intentionally

fabricated upon the express written authorization of the

Director of the Illinois State Police to support undercover

law enforcement efforts.

It shall be the responsibility of the Illinois State

Police Department to retain a record of every extra-agency

dissemination of conviction information for a period of not

less than 3 years. Such records shall be subject to audit by

the Illinois State Police Department, and shall, upon request,

be supplied to the individual to whom the information pertains

for requests from members of the general public, corporations,

organizations, employers, employment agencies, labor

organizations and non-criminal justice agencies. At a minimum,

the following information shall be recorded and retained by

the Illinois State Police Department:

(1) The name of the individual to whom the

disseminated information pertains;

(2) The name of the individual requesting the

information;

(3) The date of the request;

(4) The name and address of the private individual,

corporation, organization, employer, employment agency,

labor organization or non-criminal justice agency

receiving the information; and

(5) The date of the dissemination.

(Source: P.A. 91-357, eff. 7-29-99.)

(20 ILCS 2635/10) (from Ch. 38, par. 1610)

Sec. 10. Dissemination requests Based Upon Fingerprint

Identification. When fingerprint identification accompanies a

request for conviction information maintained by the Illinois

State Police Department, an appropriate statement shall be

issued by the Illinois State Police Department indicating that

the information furnished by the Illinois State Police

Department positively pertains to the individual whose

fingerprints were submitted and that the response contains all

the conviction information that has been reported to the

Illinois State Police Department pursuant to Section 2.1 of

the Criminal Identification Act "An Act in relation to

criminal identification and investigation", approved July 2,

1931, as amended.

(Source: P.A. 85-922.)

(20 ILCS 2635/11) (from Ch. 38, par. 1611)

Sec. 11. Dissemination requests Not Based Upon Fingerprint

Identification. (A) When a requester is not legally mandated

to submit positive fingerprint identification to the Illinois

State Police Department or when a requester is precluded from

submitting positive fingerprint identification to the Illinois

State Police Department due to exigency, an appropriate

warning shall be issued by the Illinois State Police

Department indicating that the information furnished cannot be

identified with certainty as pertaining to the individual

named in the request and may only be relied upon as being

accurate and complete if the requester has first complied with

the requirements of subsection (B) of Section 7.

(B) If the identifying information submitted by the

requester to the Illinois State Police Department corresponds

to more than one individual found in the files maintained by

the Illinois State Police Department, the Illinois State

Police Department shall not disclose the information to the

requester, unless it is determined by the Illinois State

Police Department that dissemination is still warranted due to

exigency or to administer the criminal laws. In such

instances, the Illinois State Police Department may require

the requester to submit additional identifying information or

fingerprints in the form and manner prescribed by the Illinois

State Police Department.

(Source: P.A. 85-922.)

(20 ILCS 2635/12) (from Ch. 38, par. 1612)

Sec. 12. Error Notification and Correction Procedure. It

is the duty and responsibility of the Illinois State Police

Department to maintain accurate and complete criminal history

record information and to correct or update such information

after determination by audit, individual review and challenge

procedures, or by other verifiable means, that it is

incomplete or inaccurate. Except as may be required for a

longer period of time by Illinois law, the Illinois State

Police Department shall notify a requester if a subsequent

disposition of conviction or a subsequent modification of

conviction information has been reported to the Illinois State

Police Department within 30 days of responding to the

requester.

(Source: P.A. 85-922.)

(20 ILCS 2635/13) (from Ch. 38, par. 1613)

Sec. 13. Limitation on Further Dissemination. Unless

otherwise permitted by law or in the case of exigency, the

subsequent dissemination of conviction information furnished

by the Illinois State Police Department pursuant to this Act

shall only be permitted by a requester for the 30 day period

immediately following receipt of the information. Except as

permitted in this Section, any requester still wishing to

further disseminate or to rely on the accuracy and

completeness of conviction information more than 30 days from

receipt of the information from the Illinois State Police

Department shall initiate a new request to the Illinois State

Police Department for current information.

(Source: P.A. 88-368.)

(20 ILCS 2635/14) (from Ch. 38, par. 1614)

Sec. 14. Judicial Remedies. (A) The Attorney General or a

State's Attorney may bring suit in the circuit courts to

prevent and restrain violations of this Act and to enforce the

reporting provisions of Section 2.1 of the Criminal

Identification Act "An Act in relation to criminal

identification and investigation", approved July 2, 1931, as

amended. The Illinois State Police Department may request the

Attorney General to bring any such action authorized by this

subsection.

(B) An individual aggrieved by a violation of this Act by a

State agency or unit of local government shall have the right

to pursue a civil action for damages or other appropriate

legal or equitable remedy, including an action to compel the

Illinois State Police Department to disclose or correct

conviction information in its files, once administrative

remedies have been exhausted.

(C) Any civil action for damages alleging the negligent

dissemination of inaccurate or incomplete conviction

information by a State agency or by a unit of local government

in violation of this Act may only be brought against the State

agency or unit of local government and shall not be brought

against any employee or official thereof.

(D) Civil remedies authorized by this Section may be

brought in any circuit court of the State of Illinois in the

county in which the violation occurs or in the county where the

State agency or unit of local government is situated; except

all damage claims against the State of Illinois for violations

of this Act shall be determined by the Court of Claims.

(Source: P.A. 85-922.)

(20 ILCS 2635/15) (from Ch. 38, par. 1615)

Sec. 15. Civil Damages. (A) In any action brought pursuant

to this Act, an individual aggrieved by any violation of this

Act shall be entitled to recover actual and general

compensatory damages for each violation, together with costs

and attorney's fees reasonably incurred, consistent with

Section 16 of this Act. In addition, an individual aggrieved

by a willful violation of this Act shall be entitled to recover

$1,000. In addition, an individual aggrieved by a non-willful

violation of this Act for which there has been dissemination

of inaccurate or incomplete conviction information shall be

entitled to recover $200; provided, however, if conviction

information is determined to be incomplete or inaccurate, by

audit, by individual review and challenge procedures, or by

other verifiable means, then the individual aggrieved shall

only be entitled to recover such amount if the Illinois State

Police Department fails to correct the information within 30

days.

(B) For the purposes of this Act, the State of Illinois

shall be liable for damages as provided in this Section and for

attorney's fees and litigation costs as provided in Section 16

of this Act. All damage claims against the State of Illinois or

any of its agencies for violations of this Act shall be

determined by the Court of Claims.

(C) For purposes of limiting the amount of civil damages

that may be assessed against the State of Illinois or a unit of

local government pursuant to this Section, a State agency, a

unit of local government, and the officials or employees of a

State agency or a unit of local government may in good faith

rely upon the assurance of another State agency or unit of

local government that conviction information is maintained or

disseminated in compliance with the provisions of this Act.

However, such reliance shall not constitute a defense with

respect to equitable or declaratory relief.

(D) For purposes of limiting the amount of damages that

may be assessed against the State of Illinois pursuant to this

Section, the Illinois State Police Department may in good

faith presume that the conviction information reported to it

by a clerk of the circuit court or a criminal justice agency is

accurate. However, such presumption shall not constitute a

defense with respect to equitable or declaratory relief.

(Source: P.A. 85-922.)

(20 ILCS 2635/17) (from Ch. 38, par. 1617)

Sec. 17. Administrative Sanctions. The Illinois State

Police Department shall refuse to comply with any request to

furnish conviction information maintained in its files, if the

requester has not acted in accordance with the requirements of

this Act or rules and regulations issued pursuant thereto. The

requester may appeal such a refusal by the Illinois State

Police Department to the Director. Upon written application by

the requester, the Director shall hold a hearing to determine

whether dissemination of the requested information would be in

violation of this Act or rules and regulations issued pursuant

to it or other federal or State law pertaining to the

collection, maintenance or dissemination of criminal history

record information. When the Director finds such a violation,

the Illinois State Police Department shall be prohibited from

disseminating conviction information to the requester, under

such terms and conditions and for such periods of time as the

Director deems appropriate.

(Source: P.A. 85-922.)

(20 ILCS 2635/19) (from Ch. 38, par. 1619)

Sec. 19. Coordinating and Implementing Policy. The

Illinois State Police Department shall adopt rules to

prescribe the appropriate form, manner and fees for complying

with the requirements of this Act. The Authority shall adopt

rules to prescribe form, manner and maximum fees which the

Authority is authorized to establish pursuant to subsection

(B) of Section 8 of this Act. Such rulemaking is subject to the

provisions of the Illinois Administrative Procedure Act.

(Source: P.A. 85-922.)

(20 ILCS 2635/20) (from Ch. 38, par. 1620)

Sec. 20. State Liability and Indemnification of Units of

Local Government. (A) The State of Illinois shall guarantee

the accuracy and completeness of conviction information

disseminated by the Illinois State Police Department that is

based upon fingerprint identification. The State of Illinois

shall not be liable for the accuracy and completeness of any

information disseminated upon identifying information other

than fingerprints.

(B) The State of Illinois shall indemnify a clerk of the

circuit court, a criminal justice agency, and their employees

and officials from, and against, all damage claims brought by

others due to dissemination by the Illinois State Police

Department of inaccurate or incomplete conviction information

based upon positive fingerprint identification, provided that

the conviction information in question was initially reported

to the Illinois State Police Department accurately and in the

timely manner mandated by Section 2.1 of the Criminal

Identification Act "An Act in relation to criminal

identification and investigation", approved July 2, 1931, as

amended.

(Source: P.A. 85-922.)

(20 ILCS 2635/21) (from Ch. 38, par. 1621)

Sec. 21. Audits. The Illinois State Police Department

shall regularly conduct representative audits of the criminal

history record keeping and criminal history record reporting

policies, practices, and procedures of the repositories for

such information in Illinois to ensure compliance with the

provisions of this Act and Section 2.1 of the Criminal

Identification Act "An Act in relation to criminal

identification and investigation", approved July 2, 1931, as

amended. The findings of such audits shall be reported to the

Governor, General Assembly, and, upon request, to members of

the general public.

(Source: P.A. 85-922.)

Section 230. The Criminal Diversion Racial Impact Data

Collection Act is amended by changing Sections 5 and 15 as

follows:

(20 ILCS 2637/5)

(Section scheduled to be repealed on December 31, 2021)

Sec. 5. Legislative intent. Racial and ethnic disparity in

the criminal justice system, or the over-representation of

certain minority groups compared to their representation in

the general population, has been well documented, along with

the harmful effects of such disproportionality. There is no

single cause of the racial and ethnic disparity evident at

every stage of the criminal justice system; suggested causes

have included differing patterns of criminal activity, law

enforcement activity, and discretionary decisions of criminal

justice practitioners, along with effects of legislative

policies. In order to make progress in reducing this harmful

phenomenon, information on the racial composition of offenders

at each stage of the criminal justice system must be

systematically gathered and analyzed to lay the foundation for

determining the impact of proposed remedies. Gaps of

information at any stage will hamper valid analysis at

subsequent stages. At the earliest stages of the criminal

justice system, systematic statewide information on arrested

persons, including race and ethnicity, is collected in the

Illinois State Police Criminal History Record Information

System. However, under the Criminal Identification Act,

systematic statewide information on the racial and ethnic

composition of adults diverted from arrest by law enforcement

and diverted from prosecution by each county's State's

Attorney's office is not available. Therefore, it is the

intent of this legislation to provide a mechanism by which

statewide data on the race and ethnicity of offenders diverted

from the criminal justice system before the filing of a court

case can be provided by the criminal justice entity involved

for future racial disparity impact analyses of the criminal

justice system.

(Source: P.A. 99-666, eff. 1-1-17.)

(20 ILCS 2637/15)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15. Reporting; publication.

(a) Under the reporting guidelines for law enforcement

agencies in Sections 2.1, 4.5, and 5 of the Criminal

Identification Act, the Authority shall determine and report

the number of persons arrested and released without being

charged, and report the racial and ethnic composition of those

persons.

(b) Under the reporting guidelines for State's Attorneys

in Sections 2.1, 4.5, and 5 of the Criminal Identification

Act, the Authority shall determine and report the number of

persons for which formal charges were dismissed, and the race

and ethnicity of those persons.

(c) Under the reporting guidelines for circuit court

clerks in Sections 2.1, 4.5, and 5 of the Criminal

Identification Act, the Authority shall determine and report

the number of persons admitted to a diversion from prosecution

program, and the racial and ethnic composition of those

persons, separated by each type of diversion program.

(d) The Authority shall publish the information received

and an assessment of the quality of the information received,

aggregated to the county level in the case of law enforcement

reports, on its publicly available website for the previous

calendar year, as affirmed by each reporting agency at the

time of its report submission.

(e) The Authority, Illinois Department of State Police,

Administrative Office of the Illinois Courts, and Illinois

State's Attorneys Association may collaborate on any necessary

training concerning the provisions of this Act.

(Source: P.A. 99-666, eff. 1-1-17.)

Section 235. The Statewide Organized Gang Database Act is

amended by changing Sections 5 and 10 as follows:

(20 ILCS 2640/5)

Sec. 5. Definitions. As used in this Act:

"Department" means the Department of State Police.

"Director" means the Director of the Illinois State

Police.

"Organized gang" has the meaning ascribed to it in Section

10 of the Illinois Streetgang Terrorism Omnibus Prevention

Act.

A "SWORD terminal" is an interactive computerized

communication and processing unit that permits a direct

on-line communication with the Illinois Department of State

Police's central data repository, the Statewide Organized Gang

Database (SWORD).

(Source: P.A. 87-932; 88-467.)

(20 ILCS 2640/10)

Sec. 10. Duties of the Illinois State Police Department.

The Illinois State Police Department may:

(a) provide a uniform reporting format for the entry of

pertinent information regarding the report of an arrested

organized gang member or organized gang affiliate into SWORD;

(b) notify all law enforcement agencies that reports of

arrested organized gang members or organized gang affiliates

shall be entered into the database as soon as the minimum level

of data specified by the Illinois State Police Department is

available to the reporting agency, and that no waiting period

for the entry of that data exists;

(c) develop and implement a policy for notifying law

enforcement agencies of the emergence of new organized gangs,

or the change of a name or other identifying sign by an

existing organized gang;

(d) compile and retain information regarding organized

gangs and their members and affiliates, in a manner that

allows the information to be used by law enforcement and other

agencies, deemed appropriate by the Director, for

investigative purposes;

(e) compile and maintain a historic data repository

relating to organized gangs and their members and affiliates

in order to develop and improve techniques utilized by law

enforcement agencies and prosecutors in the investigation,

apprehension, and prosecution of members and affiliates of

organized gangs;

(f) create a quality control program regarding

confirmation of organized gang membership and organized gang

affiliation data, timeliness and accuracy of information

entered into SWORD, and performance audits of all entering

agencies;

(g) locate all law enforcement agencies that could, in the

opinion of the Director, benefit from access to SWORD, and

notify them of its existence; and

(h) cooperate with all law enforcement agencies wishing to

gain access to the SWORD system, and facilitate their entry

into the system and their continued maintenance of access to

it.

(Source: P.A. 87-932.)

Section 240. The Statewide Senior Citizen Victimizer

Database Act is amended by changing Sections 5 and 10 as

follows:

(20 ILCS 2645/5)

Sec. 5. Definitions. In this Act:

"Department" means Department of State Police.

"Director" means the Director of the Illinois State

Police.

"Senior citizen" means a person of the age of 60 years or

older.

"Senior citizen victimizer" means a person who has been

arrested for committing an offense against a senior citizen.

"Statewide Senior Citizen Victimizer Database Terminal"

means an interactive computerized communication and processing

unit that permits direct on-line communication with the

Illinois Department of State Police's Statewide Senior Citizen

Victimizer Database.

(Source: P.A. 92-246, eff. 1-1-02.)

(20 ILCS 2645/10)

Sec. 10. Duties of the Illinois State Police Department.

The Illinois State Police Department may:

(a) Provide a uniform reporting format for the entry of

pertinent information regarding the report of an arrested

senior citizen victimizer into the Senior Citizen Victimizer

Database Terminal;

(b) Notify all law enforcement agencies that reports of

arrested senior citizen victimizers shall be entered into the

database as soon as the minimum level of data of information

specified by the Illinois State Police Department is available

to the reporting agency, and that no waiting period for the

entry of that data exists;

(c) Compile and maintain a data repository relating to

senior citizen victimizers in order to gather information

regarding the various modus operandi used to victimize senior

citizens, groups that tend to routinely target senior

citizens, areas of the State that senior citizen victimizers

tend to frequent, and the type of persons senior citizen

victimizers routinely target;

(d) Develop and improve techniques used by law enforcement

agencies and prosecutors in the investigation, apprehension,

and prosecution of senior citizen victimizers;

(e) Locate all law enforcement agencies that could, in the

opinion of the Director, benefit from access to the Statewide

Senior Citizen Victimizer Database, and notify them of its

existence; and

(f) Cooperate with all law enforcement agencies wishing to

gain access to the Statewide Senior Citizen Victimizer

Database system, and to facilitate their entry into the system

and to their continued maintenance of access to it.

(Source: P.A. 92-246, eff. 1-1-02.)

Section 245. The Department of Transportation Law of the

Civil Administrative Code of Illinois is amended by changing

Sections 2705-90, 2705-125, 2705-317, 2705-505.5, and

2705-505.6 as follows:

(20 ILCS 2705/2705-90) (was 20 ILCS 2705/49.31)

Sec. 2705-90. Criminal history record information from

Illinois Department of State Police. Whenever the Department

is authorized or required by law to consider some aspect of

criminal history record information for the purpose of

carrying out its statutory powers and responsibilities, then,

upon request and payment of fees in conformance with the

requirements of Section 2605-400 of the Illinois Department of

State Police Law (20 ILCS 2605/2605-400), the Illinois

Department of State Police is authorized to furnish, pursuant

to positive identification, the information contained in State

files that is necessary to fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)

Sec. 2705-125. Safety inspection of motor vehicles;

transfer from various State agencies. The Department has the

power to administer, exercise, and enforce the rights, powers,

and duties presently vested in the Illinois Department of

State Police and the Division of State Troopers under the

Illinois Vehicle Inspection Law, in the Illinois Commerce

Commission, in the State Board of Education, and in the

Secretary of State under laws relating to the safety

inspection of motor vehicles operated by common carriers, of

school buses, and of motor vehicles used in the transportation

of school children and motor vehicles used in driver exam

training schools for hire licensed under Article IV of the

Illinois Driver Licensing Law or under any other law relating

to the safety inspection of motor vehicles of the second

division as defined in the Illinois Vehicle Code.

(Source: P.A. 96-740, eff. 1-1-10.)

(20 ILCS 2705/2705-317)

Sec. 2705-317. Safe Routes to School Construction Program.

(a) Upon enactment of a federal transportation bill with a

dedicated fund available to states for safe routes to schools,

the Department, in cooperation with the State Board of

Education and the Illinois Department of State Police, shall

establish and administer a Safe Routes to School Construction

Program for the construction of bicycle and pedestrian safety

and traffic-calming projects using the federal Safe Routes to

Schools Program funds.

(b) The Department shall make construction grants

available to local governmental agencies under the Safe Routes

to School Construction Program based on the results of a

statewide competition that requires submission of Safe Routes

to School proposals for funding and that rates those proposals

on all of the following factors:

(1) Demonstrated needs of the grant applicant.

(2) Potential of the proposal for reducing child

injuries and fatalities.

(3) Potential of the proposal for encouraging

increased walking and bicycling among students.

(4) Identification of safety hazards.

(5) Identification of current and potential walking

and bicycling routes to school.

(6) Consultation and support for projects by

school-based associations, local traffic engineers, local

elected officials, law enforcement agencies, and school

officials.

(7) Proximity to parks and other recreational

facilities.

With respect to the use of federal Safe Routes to Schools

Program funds, prior to the award of a construction grant or

the use of those funds for a Safe Routes to School project

encompassing a highway, the Department shall consult with and

obtain approval from the Illinois Department of State Police

and the highway authority with jurisdiction to ensure that the

Safe Routes to School proposal is consistent with a statewide

pedestrian safety statistical analysis.

(c) On March 30, 2006 and each March 30th thereafter, the

Department shall submit a report to the General Assembly

listing and describing the projects funded under the Safe

Routes to School Construction Program.

(d) The Department shall study the effectiveness of the

Safe Routes to School Construction Program, with particular

emphasis on the Program's effectiveness in reducing traffic

accidents and its contribution to improving safety and

reducing the number of child injuries and fatalities in the

vicinity of a Safe Routes to School project. The Department

shall submit a report to the General Assembly on or before

December 31, 2006 regarding the results of the study.

(e) The Department, the State Board of Education, and the

Illinois Department of State Police may adopt any rules

necessary to implement this Section.

(Source: P.A. 94-493, eff. 8-8-05.)

(20 ILCS 2705/2705-505.5)

Sec. 2705-505.5. Child abduction message signs. The

Department of Transportation shall coordinate with the

Illinois Department of State Police in the use of electronic

message signs on roads and highways in the vicinity of a child

abduction to immediately provide critical information to the

public.

(Source: P.A. 93-310, eff. 7-23-03.)

(20 ILCS 2705/2705-505.6)

Sec. 2705-505.6. Endangered Missing Persons Advisory

message signs. The Department of Transportation shall

coordinate with the Illinois Department of State Police in the

use of electronic message signs on roads and highways to

immediately provide critical information to the public

concerning missing persons who are believed to be high risk,

missing persons with Alzheimer's disease, other related

dementia, or other dementia-like cognitive impairment, as

allowed by federal guidelines.

(Source: P.A. 99-322, eff. 1-1-16.)

Section 255. The State Fire Marshal Act is amended by

changing Section 2 as follows:

(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)

Sec. 2. The Office shall have the following powers and

duties:

1. To exercise the rights, powers and duties which

have been vested by law in the Illinois Department of

State Police as the successor of the Department of Public

Safety, State Fire Marshal, inspectors, officers and

employees of the State Fire Marshal, including arson

investigation. Arson investigations conducted by the State

Fire Marshal's Office shall be conducted by State Fire

Marshal Arson Investigator Special Agents, who shall be

peace officers as provided in the Peace Officer Fire

Investigation Act.

2. To keep a record, as may be required by law, of all

fires occurring in the State, together with all facts,

statistics and circumstances, including the origin of

fires.

3. To exercise the rights, powers and duties which

have been vested in the Illinois Department of State

Police by the "Boiler and Pressure Vessel Safety Act",

approved August 7, 1951, as amended.

4. To administer the Illinois Fire Protection Training

Act.

5. To aid in the establishment and maintenance of the

training facilities and programs of the Illinois Fire

Service Institute.

6. To disburse Federal grants for fire protection

purposes to units of local government.

7. To pay to or in behalf of the City of Chicago for

the maintenance, expenses, facilities and structures

directly incident to the Chicago Fire Department training

program. Such payments may be made either as

reimbursements for expenditures previously made by the

City, or as payments at the time the City has incurred an

obligation which is then due and payable for such

expenditures. Payments for the Chicago Fire Department

training program shall be made only for those expenditures

which are not claimable by the City under "An Act relating

to fire protection training", certified November 9, 1971,

as amended.

8. To administer grants to areas not located in a fire

protection district or in a municipality which provides

fire protection services, to defray the organizational

expenses of forming a fire protection district.

9. In cooperation with the Illinois Environmental

Protection Agency, to administer the Illinois Leaking

Underground Storage Tank program in accordance with

Section 4 of this Act and Section 22.12 of the

Environmental Protection Act.

10. To expend state and federal funds as appropriated

by the General Assembly.

11. To provide technical assistance, to areas not

located in a fire protection district or in a municipality

which provides fire protection service, to form a fire

protection district, to join an existing district, or to

establish a municipal fire department, whichever is

applicable.

12. To exercise such other powers and duties as may be

vested in the Office by law.

(Source: P.A. 100-67, eff. 8-11-17.)

Section 260. The Division of Banking Act is amended by

changing Section 5 as follows:

(20 ILCS 3205/5) (from Ch. 17, par. 455)

Sec. 5. Powers. In addition to all the other powers and

duties provided by law, the Commissioner shall have the

following powers:

(a) To exercise the rights, powers and duties formerly

vested by law in the Director of Financial Institutions under

the Illinois Banking Act.

(b) To exercise the rights, powers and duties formerly

vested by law in the Department of Financial Institutions

under "An act to provide for and regulate the administration

of trusts by trust companies", approved June 15, 1887, as

amended.

(c) To exercise the rights, powers and duties formerly

vested by law in the Director of Financial Institutions under

"An act authorizing foreign corporations, including banks and

national banking associations domiciled in other states, to

act in a fiduciary capacity in this state upon certain

conditions herein set forth", approved July 13, 1953, as

amended.

(c-5) To exercise all of the rights, powers, and duties

granted to the Director or Secretary under the Illinois

Banking Act, the Corporate Fiduciary Act, the Electronic Fund

Transfer Act, the Illinois Bank Holding Company Act of 1957,

the Savings Bank Act, the Illinois Savings and Loan Act of

1985, the Savings and Loan Share and Account Act, the

Residential Mortgage License Act of 1987, and the Pawnbroker

Regulation Act.

(c-15) To enter into cooperative agreements with

appropriate federal and out-of-state state regulatory agencies

to conduct and otherwise perform any examination of a

regulated entity as authorized under the Illinois Banking Act,

the Corporate Fiduciary Act, the Electronic Fund Transfer Act,

the Illinois Bank Holding Company Act of 1957, the Savings

Bank Act, the Illinois Savings and Loan Act of 1985, the

Residential Mortgage License Act of 1987, and the Pawnbroker

Regulation Act.

(d) Whenever the Commissioner is authorized or required by

law to consider or to make findings regarding the character of

incorporators, directors, management personnel, or other

relevant individuals under the Illinois Banking Act, the

Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at

other times as the Commissioner deems necessary for the

purpose of carrying out the Commissioner's statutory powers

and responsibilities, the Commissioner shall consider criminal

history record information, including nonconviction

information, pursuant to the Criminal Identification Act. The

Commissioner shall, in the form and manner required by the

Illinois Department of State Police and the Federal Bureau of

Investigation, cause to be conducted a criminal history record

investigation to obtain information currently contained in the

files of the Illinois Department of State Police or the

Federal Bureau of Investigation, provided that the

Commissioner need not cause additional criminal history record

investigations to be conducted on individuals for whom the

Commissioner, a federal bank regulatory agency, or any other

government agency has caused such investigations to have been

conducted previously unless such additional investigations are

otherwise required by law or unless the Commissioner deems

such additional investigations to be necessary for the

purposes of carrying out the Commissioner's statutory powers

and responsibilities. The Illinois Department of State Police

shall provide, on the Commissioner's request, information

concerning criminal charges and their disposition currently on

file with respect to a relevant individual. Information

obtained as a result of an investigation under this Section

shall be used in determining eligibility to be an

incorporator, director, management personnel, or other

relevant individual in relation to a financial institution or

other entity supervised by the Commissioner. Upon request and

payment of fees in conformance with the requirements of

Section 2605-400 of the Illinois Department of State Police

Law (20 ILCS 2605/2605-400), the Illinois Department of State

Police is authorized to furnish, pursuant to positive

identification, such information contained in State files as

is necessary to fulfill the request.

(e) When issuing charters, permits, licenses, or other

authorizations, the Commissioner may impose such terms and

conditions on the issuance as he deems necessary or

appropriate. Failure to abide by those terms and conditions

may result in the revocation of the issuance, the imposition

of corrective orders, or the imposition of civil money

penalties.

(f) If the Commissioner has reasonable cause to believe

that any entity that has not submitted an application for

authorization or licensure is conducting any activity that

would otherwise require authorization or licensure by the

Commissioner, the Commissioner shall have the power to

subpoena witnesses, to compel their attendance, to require the

production of any relevant books, papers, accounts, and

documents, and to conduct an examination of the entity in

order to determine whether the entity is subject to

authorization or licensure by the Commissioner or the

Division. If the Secretary determines that the entity is

subject to authorization or licensure by the Secretary, then

the Secretary shall have the power to issue orders against or

take any other action, including initiating a receivership

against the unauthorized or unlicensed entity.

(g) The Commissioner may, through the Attorney General,

request the circuit court of any county to issue an injunction

to restrain any person from violating the provisions of any

Act administered by the Commissioner.

(h) Whenever the Commissioner is authorized to take any

action or required by law to consider or make findings, the

Commissioner may delegate or appoint, in writing, an officer

or employee of the Division to take that action or make that

finding.

(i) Whenever the Secretary determines that it is in the

public's interest, he or she may publish any cease and desist

order or other enforcement action issued by the Division.

(Source: P.A. 96-1365, eff. 7-28-10; 97-492, eff. 1-1-12.)

Section 265. The Illinois Emergency Management Agency Act

is amended by changing Section 5 as follows:

(20 ILCS 3305/5) (from Ch. 127, par. 1055)

Sec. 5. Illinois Emergency Management Agency.

(a) There is created within the executive branch of the

State Government an Illinois Emergency Management Agency and a

Director of the Illinois Emergency Management Agency, herein

called the "Director" who shall be the head thereof. The

Director shall be appointed by the Governor, with the advice

and consent of the Senate, and shall serve for a term of 2

years beginning on the third Monday in January of the

odd-numbered year, and until a successor is appointed and has

qualified; except that the term of the first Director

appointed under this Act shall expire on the third Monday in

January, 1989. The Director shall not hold any other

remunerative public office. For terms ending before December

31, 2019, the Director shall receive an annual salary as set by

the Compensation Review Board. For terms beginning after the

effective date of this amendatory Act of the 100th General

Assembly, the annual salary of the Director shall be as

provided in Section 5-300 of the Civil Administrative Code of

Illinois.

(b) The Illinois Emergency Management Agency shall obtain,

under the provisions of the Personnel Code, technical,

clerical, stenographic and other administrative personnel, and

may make expenditures within the appropriation therefor as may

be necessary to carry out the purpose of this Act. The agency

created by this Act is intended to be a successor to the agency

created under the Illinois Emergency Services and Disaster

Agency Act of 1975 and the personnel, equipment, records, and

appropriations of that agency are transferred to the successor

agency as of June 30, 1988 (the effective date of this Act).

(c) The Director, subject to the direction and control of

the Governor, shall be the executive head of the Illinois

Emergency Management Agency and the State Emergency Response

Commission and shall be responsible under the direction of the

Governor, for carrying out the program for emergency

management of this State. The Director shall also maintain

liaison and cooperate with the emergency management

organizations of this State and other states and of the

federal government.

(d) The Illinois Emergency Management Agency shall take an

integral part in the development and revision of political

subdivision emergency operations plans prepared under

paragraph (f) of Section 10. To this end it shall employ or

otherwise secure the services of professional and technical

personnel capable of providing expert assistance to the

emergency services and disaster agencies. These personnel

shall consult with emergency services and disaster agencies on

a regular basis and shall make field examinations of the

areas, circumstances, and conditions that particular political

subdivision emergency operations plans are intended to apply.

(e) The Illinois Emergency Management Agency and political

subdivisions shall be encouraged to form an emergency

management advisory committee composed of private and public

personnel representing the emergency management phases of

mitigation, preparedness, response, and recovery. The Local

Emergency Planning Committee, as created under the Illinois

Emergency Planning and Community Right to Know Act, shall

serve as an advisory committee to the emergency services and

disaster agency or agencies serving within the boundaries of

that Local Emergency Planning Committee planning district for:

(1) the development of emergency operations plan

provisions for hazardous chemical emergencies; and

(2) the assessment of emergency response capabilities

related to hazardous chemical emergencies.

(f) The Illinois Emergency Management Agency shall:

(1) Coordinate the overall emergency management

program of the State.

(2) Cooperate with local governments, the federal

government and any public or private agency or entity in

achieving any purpose of this Act and in implementing

emergency management programs for mitigation,

preparedness, response, and recovery.

(2.5) Develop a comprehensive emergency preparedness

and response plan for any nuclear accident in accordance

with Section 65 of the Nuclear Safety Law of 2004 and in

development of the Illinois Nuclear Safety Preparedness

program in accordance with Section 8 of the Illinois

Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health

with respect to planning for and responding to public

health emergencies.

(3) Prepare, for issuance by the Governor, executive

orders, proclamations, and regulations as necessary or

appropriate in coping with disasters.

(4) Promulgate rules and requirements for political

subdivision emergency operations plans that are not

inconsistent with and are at least as stringent as

applicable federal laws and regulations.

(5) Review and approve, in accordance with Illinois

Emergency Management Agency rules, emergency operations

plans for those political subdivisions required to have an

emergency services and disaster agency pursuant to this

Act.

(5.5) Promulgate rules and requirements for the

political subdivision emergency management exercises,

including, but not limited to, exercises of the emergency

operations plans.

(5.10) Review, evaluate, and approve, in accordance

with Illinois Emergency Management Agency rules, political

subdivision emergency management exercises for those

political subdivisions required to have an emergency

services and disaster agency pursuant to this Act.

(6) Determine requirements of the State and its

political subdivisions for food, clothing, and other

necessities in event of a disaster.

(7) Establish a register of persons with types of

emergency management training and skills in mitigation,

preparedness, response, and recovery.

(8) Establish a register of government and private

response resources available for use in a disaster.

(9) Expand the Earthquake Awareness Program and its

efforts to distribute earthquake preparedness materials to

schools, political subdivisions, community groups, civic

organizations, and the media. Emphasis will be placed on

those areas of the State most at risk from an earthquake.

Maintain the list of all school districts, hospitals,

airports, power plants, including nuclear power plants,

lakes, dams, emergency response facilities of all types,

and all other major public or private structures which are

at the greatest risk of damage from earthquakes under

circumstances where the damage would cause subsequent harm

to the surrounding communities and residents.

(10) Disseminate all information, completely and

without delay, on water levels for rivers and streams and

any other data pertaining to potential flooding supplied

by the Division of Water Resources within the Department

of Natural Resources to all political subdivisions to the

maximum extent possible.

(11) Develop agreements, if feasible, with medical

supply and equipment firms to supply resources as are

necessary to respond to an earthquake or any other

disaster as defined in this Act. These resources will be

made available upon notifying the vendor of the disaster.

Payment for the resources will be in accordance with

Section 7 of this Act. The Illinois Department of Public

Health shall determine which resources will be required

and requested.

(11.5) In coordination with the Illinois Department of

State Police, develop and implement a community outreach

program to promote awareness among the State's parents and

children of child abduction prevention and response.

(12) Out of funds appropriated for these purposes,

award capital and non-capital grants to Illinois hospitals

or health care facilities located outside of a city with a

population in excess of 1,000,000 to be used for purposes

that include, but are not limited to, preparing to respond

to mass casualties and disasters, maintaining and

improving patient safety and quality of care, and

protecting the confidentiality of patient information. No

single grant for a capital expenditure shall exceed

$300,000. No single grant for a non-capital expenditure

shall exceed $100,000. In awarding such grants, preference

shall be given to hospitals that serve a significant

number of Medicaid recipients, but do not qualify for

disproportionate share hospital adjustment payments under

the Illinois Public Aid Code. To receive such a grant, a

hospital or health care facility must provide funding of

at least 50% of the cost of the project for which the grant

is being requested. In awarding such grants the Illinois

Emergency Management Agency shall consider the

recommendations of the Illinois Hospital Association.

(13) Do all other things necessary, incidental or

appropriate for the implementation of this Act.

(g) The Illinois Emergency Management Agency is authorized

to make grants to various higher education institutions,

public K-12 school districts, area vocational centers as

designated by the State Board of Education, inter-district

special education cooperatives, regional safe schools, and

nonpublic K-12 schools for safety and security improvements.

For the purpose of this subsection (g), "higher education

institution" means a public university, a public community

college, or an independent, not-for-profit or for-profit

higher education institution located in this State. Grants

made under this subsection (g) shall be paid out of moneys

appropriated for that purpose from the Build Illinois Bond

Fund. The Illinois Emergency Management Agency shall adopt

rules to implement this subsection (g). These rules may

specify: (i) the manner of applying for grants; (ii) project

eligibility requirements; (iii) restrictions on the use of

grant moneys; (iv) the manner in which the various higher

education institutions must account for the use of grant

moneys; and (v) any other provision that the Illinois

Emergency Management Agency determines to be necessary or

useful for the administration of this subsection (g).

(g-5) The Illinois Emergency Management Agency is

authorized to make grants to not-for-profit organizations

which are exempt from federal income taxation under section

501(c)(3) of the Federal Internal Revenue Code for eligible

security improvements that assist the organization in

preventing, preparing for, or responding to acts of terrorism.

The Director shall establish procedures and forms by which

applicants may apply for a grant and procedures for

distributing grants to recipients. The procedures shall

require each applicant to do the following:

(1) identify and substantiate prior threats or attacks

by a terrorist organization, network, or cell against the

not-for-profit organization;

(2) indicate the symbolic or strategic value of one or

more sites that renders the site a possible target of

terrorism;

(3) discuss potential consequences to the organization

if the site is damaged, destroyed, or disrupted by a

terrorist act;

(4) describe how the grant will be used to integrate

organizational preparedness with broader State and local

preparedness efforts;

(5) submit a vulnerability assessment conducted by

experienced security, law enforcement, or military

personnel, and a description of how the grant award will

be used to address the vulnerabilities identified in the

assessment; and

(6) submit any other relevant information as may be

required by the Director.

The Agency is authorized to use funds appropriated for the

grant program described in this subsection (g-5) to administer

the program.

(h) Except as provided in Section 17.5 of this Act, any

moneys received by the Agency from donations or sponsorships

shall be deposited in the Emergency Planning and Training Fund

and used by the Agency, subject to appropriation, to

effectuate planning and training activities.

(i) The Illinois Emergency Management Agency may by rule

assess and collect reasonable fees for attendance at

Agency-sponsored conferences to enable the Agency to carry out

the requirements of this Act. Any moneys received under this

subsection shall be deposited in the Emergency Planning and

Training Fund and used by the Agency, subject to

appropriation, for planning and training activities.

(j) The Illinois Emergency Management Agency is authorized

to make grants to other State agencies, public universities,

units of local government, and statewide mutual aid

organizations to enhance statewide emergency preparedness and

response.

(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;

100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.

1-18-19.)

Section 270. The Nuclear Safety Law of 2004 is amended by

changing Sections 40 and 70 as follows:

(20 ILCS 3310/40)

Sec. 40. Regulation of nuclear safety. The Illinois

Emergency Management Agency shall have primary responsibility

for the coordination and oversight of all State governmental

functions concerning the regulation of nuclear power,

including low level waste management, environmental

monitoring, and transportation of nuclear waste. Functions

performed by the Illinois Department of State Police and the

Department of Transportation in the area of nuclear safety, on

the effective date of this Act, may continue to be performed by

these agencies but under the direction of the Illinois

Emergency Management Agency. All other governmental functions

regulating nuclear safety shall be coordinated by the Illinois

Emergency Management Agency.

(Source: P.A. 93-1029, eff. 8-25-04.)

(20 ILCS 3310/70)

Sec. 70. Nuclear and radioactive materials transportation

plan. The Illinois Emergency Management Agency shall formulate

a comprehensive plan regarding the transportation of nuclear

and radioactive materials in Illinois. The Illinois Emergency

Management Agency shall have primary responsibility for all

State governmental regulation of the transportation of nuclear

and radioactive materials, insofar as the regulation pertains

to the public health and safety. This responsibility shall

include but not be limited to the authority to oversee and

coordinate regulatory functions performed by the Department of

Transportation, the Illinois Department of State Police, and

the Illinois Commerce Commission.

(Source: P.A. 93-1029, eff. 8-25-04.)

Section 275. The Illinois Power Agency Act is amended by

changing Section 1-110 as follows:

(20 ILCS 3855/1-110)

Sec. 1-110. State Police reimbursement. The Agency shall

reimburse the Illinois Department of State Police for any

expenses associated with security at facilities from the

Illinois Power Agency Facilities Fund.

(Source: P.A. 95-481, eff. 8-28-07.)

Section 280. The Illinois Criminal Justice Information Act

is amended by changing Sections 4 and 9.1 as follows:

(20 ILCS 3930/4) (from Ch. 38, par. 210-4)

Sec. 4. Illinois Criminal Justice Information Authority;

creation, membership, and meetings. There is created an

Illinois Criminal Justice Information Authority consisting of

25 members. The membership of the Authority shall consist of

the Illinois Attorney General, or his or her designee, the

Director of Corrections, the Director of the Illinois State

Police, the Director of Public Health, the Director of

Children and Family Services, the Sheriff of Cook County, the

State's Attorney of Cook County, the clerk of the circuit

court of Cook County, the President of the Cook County Board of

Commissioners, the Superintendent of the Chicago Police

Department, the Director of the Office of the State's

Attorneys Appellate Prosecutor, the Executive Director of the

Illinois Law Enforcement Training Standards Board, the State

Appellate Defender, the Public Defender of Cook County, and

the following additional members, each of whom shall be

appointed by the Governor: a circuit court clerk, a sheriff, a

State's Attorney of a county other than Cook, a Public

Defender of a county other than Cook, a chief of police, and 6

members of the general public.

Members appointed on and after the effective date of this

amendatory Act of the 98th General Assembly shall be confirmed

by the Senate.

The Governor from time to time shall designate a Chairman

of the Authority from the membership. All members of the

Authority appointed by the Governor shall serve at the

pleasure of the Governor for a term not to exceed 4 years. The

initial appointed members of the Authority shall serve from

January, 1983 until the third Monday in January, 1987 or until

their successors are appointed.

The Authority shall meet at least quarterly, and all

meetings of the Authority shall be called by the Chairman.

(Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)

(20 ILCS 3930/9.1)

Sec. 9.1. Criminal Justice Information Projects Fund. The

Criminal Justice Information Projects Fund is hereby created

as a special fund in the State Treasury. Grants and other

moneys obtained by the Authority from governmental entities

(other than the federal government), private sources, and

not-for-profit organizations for use in investigating criminal

justice issues or undertaking other criminal justice

information projects, or pursuant to the uses identified in

Section 21.10 of the Illinois Lottery Law, shall be deposited

into the Fund. Moneys in the Fund may be used by the Authority,

subject to appropriation, for undertaking such projects and

for the operating and other expenses of the Authority

incidental to those projects, and for the costs associated

with making grants from the Prescription Pill and Drug

Disposal Fund. The moneys deposited into the Criminal Justice

Information Projects Fund under Sections 15-15 and 15-35 of

the Criminal and Traffic Assessment Act shall be appropriated

to and administered by the Illinois Criminal Justice

Information Authority for distribution to fund Illinois

Department of State Police drug task forces and Metropolitan

Enforcement Groups by dividing the funds equally by the total

number of Illinois Department of State Police drug task forces

and Illinois Metropolitan Enforcement Groups. Any interest

earned on moneys in the Fund must be deposited into the Fund.

(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;

101-81, eff. 7-12-19.)

Section 285. The Laboratory Review Board Act is amended by

changing Section 2 as follows:

(20 ILCS 3980/2) (from Ch. 111 1/2, par. 8002)

Sec. 2. There is hereby created the Laboratory Review

Board (hereinafter referred to as the Board), which shall

consist of 7 persons, one each appointed by the Director of

Agriculture, the Director of Natural Resources, the Secretary

of Human Services, the Director of Public Health, the Director

of the Illinois State Police, the Director of the

Environmental Protection Agency, and the Illinois Secretary of

Transportation. Members of the Board shall serve at the

pleasure of their appointing authorities.

(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)

Section 290. The Law Enforcement and Fire Fighting Medal

of Honor Act is amended by changing Section 2001 as follows:

(20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)

Sec. 2001. There is created the Law Enforcement Medal of

Honor Committee, referred to in this Article as the Committee.

The Committee shall consist of the Director of the Illinois

Department of State Police, the Superintendent of the Chicago

Police Department, the Executive Director of the Illinois Law

Enforcement Training Standards Board, and the following

persons appointed by the Governor: a sheriff, a chief of

police from other than Chicago, a representative of a

statewide law enforcement officer organization and a retired

Illinois law enforcement officer. Of the appointed members,

the sheriff and police chief shall each serve a 2-year term and

the organization representative and retired officer shall each

serve a one-year term. The Governor shall appoint initial

members within 3 months of the effective date of this Act.

Members of the Committee shall serve without compensation

but shall be reimbursed for actual expenses incurred in the

performance of their duties from funds appropriated to the

Office of the Governor for such purpose.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 295. The Illinois Motor Vehicle Theft Prevention

and Insurance Verification Act is amended by changing Sections

4 and 8.5 as follows:

(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)

(Section scheduled to be repealed on January 1, 2025)

Sec. 4. There is hereby created an Illinois Motor Vehicle

Theft Prevention and Insurance Verification Council, which

shall exercise its powers, duties and responsibilities. There

shall be 11 members of the Council consisting of the Secretary

of State or his designee, the Director of the Illinois

Department of State Police, the State's Attorney of Cook

County, the Superintendent of the Chicago Police Department,

and the following 7 additional members, each of whom shall be

appointed by the Secretary of State: a state's attorney of a

county other than Cook, a chief executive law enforcement

official from a jurisdiction other than the City of Chicago, 5

representatives of insurers authorized to write motor vehicle

insurance in this State, all of whom shall be domiciled in this

State.

The Director shall be the Chairman of the Council. All

members of the Council appointed by the Secretary shall serve

at the discretion of the Secretary for a term not to exceed 4

years. The Council shall meet at least quarterly.

(Source: P.A. 100-373, eff. 1-1-18.)

(20 ILCS 4005/8.5)

(Section scheduled to be repealed on January 1, 2025)

Sec. 8.5. State Police Motor Vehicle Theft Prevention

Trust Fund. The State Police Motor Vehicle Theft Prevention

Trust Fund is created as a trust fund in the State treasury.

The State Treasurer shall be the custodian of the Trust Fund.

The Trust Fund is established to receive funds from the

Illinois Motor Vehicle Theft Prevention and Insurance

Verification Council. All interest earned from the investment

or deposit of moneys accumulated in the Trust Fund shall be

deposited into the Trust Fund. Moneys in the Trust Fund shall

be used by the Illinois Department of State Police for motor

vehicle theft prevention purposes.

(Source: P.A. 100-373, eff. 1-1-18.)

Section 305. The Social Security Number Protection Task

Force Act is amended by changing Section 10 as follows:

(20 ILCS 4040/10)

Sec. 10. Social Security Number Protection Task Force.

(a) The Social Security Number Protection Task Force is

created within the Office of the Attorney General. The

Attorney General is responsible for administering the

activities of the Task Force. The Task Force shall consist of

the following members:

(1) Two members representing the House of

Representatives, appointed by the Speaker of the House of

Representatives;

(2) Two members representing the House of

Representatives, appointed by the Minority Leader of the

House of Representatives;

(3) Two members representing the Senate, appointed by

the President of the Senate;

(4) Two members representing the Senate, appointed by

the Minority Leader of the Senate;

(5) One member, who shall serve as the chairperson of

the Task Force, representing the Office of the Attorney

General, appointed by the Attorney General;

(6) One member representing the Office of the

Secretary of State, appointed by the Secretary of State;

(7) One member representing the Office of the

Governor, appointed by the Governor;

(8) One member representing the Department of Natural

Resources, appointed by the Director of Natural Resources;

(9) One member representing the Department of

Healthcare and Family Services, appointed by the Director

of Healthcare and Family Services;

(10) One member representing the Department of

Revenue, appointed by the Director of Revenue;

(11) One member representing the Illinois Department

of State Police, appointed by the Director of the Illinois

State Police;

(12) One member representing the Department of

Employment Security, appointed by the Director of

Employment Security;

(13) One member representing the Illinois Courts,

appointed by the Director of the Administrative Office of

the Illinois Courts;

(14) One member representing the Department on Aging,

appointed by the Director of the Department on Aging;

(15) One member appointed by the Director of Central

Management Services;

(16) One member appointed by the Executive Director of

the Board of Higher Education;

(17) One member appointed by the Secretary of Human

Services;

(18) Three members appointed by the chairperson of the

Task Force, representing local-governmental

organizations, who may include representatives of clerks

of the circuit court, recorders of deeds, counties, and

municipalities;

(19) One member representing the Office of the State

Comptroller, appointed by the Comptroller; and

(20) One member representing school administrators,

appointed by the State Superintendent of Education.

(b) The Task Force shall examine the procedures used by

the State to protect an individual against the unauthorized

disclosure of his or her social security number when the State

requires the individual to provide his or her social security

number to an officer or agency of the State.

(c) The Task Force shall report its findings and

recommendations, including its recommendations concerning a

unique identification number system under Section 15, to the

Governor, the Attorney General, the Secretary of State, and

the General Assembly no later than December 31 of each year.

(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;

95-482, eff. 8-28-07.)

Section 310. The Commission to Study Disproportionate

Justice Impact Act is amended by changing Section 10 as

follows:

(20 ILCS 4085/10)

Sec. 10. Composition. The Commission shall be composed of

the following members:

(a) Two members of the Senate appointed by the Senate

President, one of whom the President shall designate to

serve as co-chair, and two members of the Senate appointed

by the Minority Leader of the Senate.

(b) Two members of the House of Representatives

appointed by the Speaker of the House of Representatives,

one of whom the Speaker shall designate to serve as

co-chair, and two members of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

(c) The following persons or their designees:

(1) the Attorney General,

(2) the Chief Judge of the Circuit Court of Cook

County,

(3) the Director of the Illinois State Police,

(4) the Superintendent of the Chicago Police

Department,

(5) the sheriff of Cook County,

(6) the State Appellate Defender,

(7) the Cook County Public Defender,

(8) the Director of the Office of the State's

Attorneys Appellate Prosecutor,

(9) the Cook County State's Attorney,

(10) the Executive Director of the Criminal

Justice Information Authority,

(11) the Director of Corrections,

(12) the Director of Juvenile Justice, and

(13) the Executive Director of the Illinois

African-American Family Commission.

(d) The co-chairs may name up to 8 persons,

representing minority communities within Illinois, groups

involved in the improvement of the administration of

justice, behavioral health, criminal justice, law

enforcement, and the rehabilitation of former inmates,

community groups, and other interested parties.

(Source: P.A. 95-995, eff. 6-1-09.)

Section 315. The Racial and Ethnic Impact Research Task

Force Act is amended by changing Section 10 as follows:

(20 ILCS 5025/10)

Sec. 10. Racial and Ethnic Impact Research Task Force.

There is created the Racial and Ethnic Impact Research Task

Force, composed of the following members:

(1) Two members of the Senate appointed by the Senate

President, one of whom the President shall designate to

serve as co-chair, and 2 members of the Senate appointed

by the Minority Leader of the Senate.

(2) Two members of the House of Representatives

appointed by the Speaker of the House of Representatives,

one of whom the Speaker shall designate to serve as

co-chair, and 2 members of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

(3) The following persons or their designees:

(A) the Attorney General,

(B) the Chief Judge of the Circuit Court of Cook

County,

(C) the Director of the Illinois State Police,

(D) the Superintendent of the Chicago Police

Department,

(E) the Sheriff of Cook County,

(F) the State Appellate Defender,

(G) the Cook County Public Defender,

(H) the Director of the Office of the State's

Attorneys Appellate Prosecutor,

(I) the Cook County State's Attorney,

(J) the Executive Director of the Illinois

Criminal Justice Information Authority,

(K) the Director of Corrections,

(L) the Director of Juvenile Justice, and

(M) the Executive Director of the Illinois

African-American Family Commission.

(4) The co-chairs may name up to 8 persons,

representing minority communities within Illinois, groups

involved in the improvement of the administration of

justice, behavioral health, criminal justice, law

enforcement, and the rehabilitation of former inmates,

community groups, and other interested parties.

(Source: P.A. 97-433, eff. 8-16-11.)

Section 330. The State Finance Act is amended by changing

Sections 6z-82, 6z-99, 6z-106, 8.3, 8.37, 8p, and 14 as

follows:

(30 ILCS 105/6z-82)

Sec. 6z-82. State Police Operations Assistance Fund.

(a) There is created in the State treasury a special fund

known as the State Police Operations Assistance Fund. The Fund

shall receive revenue under the Criminal and Traffic

Assessment Act. The Fund may also receive revenue from grants,

donations, appropriations, and any other legal source.

(b) The Illinois Department of State Police may use moneys

in the Fund to finance any of its lawful purposes or functions.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Operations Assistance Fund shall not

be subject to administrative chargebacks.

(f) Notwithstanding any other provision of State law to

the contrary, on or after July 1, 2012, and until June 30,

2013, in addition to any other transfers that may be provided

for by law, at the direction of and upon notification from the

Director of the Illinois State Police, the State Comptroller

shall direct and the State Treasurer shall transfer amounts

into the State Police Operations Assistance Fund from the

designated funds not exceeding the following totals:

State Police Vehicle Fund.....................$2,250,000

State Police Wireless Service

Emergency Fund............................$2,500,000

State Police Services Fund....................$3,500,000

(Source: P.A. 100-987, eff. 7-1-19.)

(30 ILCS 105/6z-99)

Sec. 6z-99. The Mental Health Reporting Fund.

(a) There is created in the State treasury a special fund

known as the Mental Health Reporting Fund. The Fund shall

receive revenue under the Firearm Concealed Carry Act. The

Fund may also receive revenue from grants, pass-through

grants, donations, appropriations, and any other legal source.

(b) The Illinois Department of State Police and Department

of Human Services shall coordinate to use moneys in the Fund to

finance their respective duties of collecting and reporting

data on mental health records and ensuring that mental health

firearm possession prohibitors are enforced as set forth under

the Firearm Concealed Carry Act and the Firearm Owners

Identification Card Act. Any surplus in the Fund beyond what

is necessary to ensure compliance with mental health reporting

under these Acts shall be used by the Department of Human

Services for mental health treatment programs.

(c) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

(30 ILCS 105/6z-106)

Sec. 6z-106. State Police Law Enforcement Administration

Fund.

(a) There is created in the State treasury a special fund

known as the State Police Law Enforcement Administration Fund.

The Fund shall receive revenue under subsection (c) of Section

10-5 of the Criminal and Traffic Assessment Act. The Fund may

also receive revenue from grants, donations, appropriations,

and any other legal source.

(b) The Illinois Department of State Police may use moneys

in the Fund to finance any of its lawful purposes or functions;

however, the primary purpose shall be to finance State Police

cadet classes in May and October of each year.

(c) Expenditures may be made from the Fund only as

appropriated by the General Assembly by law.

(d) Investment income that is attributable to the

investment of moneys in the Fund shall be retained in the Fund

for the uses specified in this Section.

(e) The State Police Law Enforcement Administration Fund

shall not be subject to administrative chargebacks.

(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)

Sec. 8.3. Money in the Road Fund shall, if and when the

State of Illinois incurs any bonded indebtedness for the

construction of permanent highways, be set aside and used for

the purpose of paying and discharging annually the principal

and interest on that bonded indebtedness then due and payable,

and for no other purpose. The surplus, if any, in the Road Fund

after the payment of principal and interest on that bonded

indebtedness then annually due shall be used as follows:

first -- to pay the cost of administration of Chapters

2 through 10 of the Illinois Vehicle Code, except the cost

of administration of Articles I and II of Chapter 3 of that

Code, and to pay the costs of the Executive Ethics

Commission for oversight and administration of the Chief

Procurement Officer for transportation; and

secondly -- for expenses of the Department of

Transportation for construction, reconstruction,

improvement, repair, maintenance, operation, and

administration of highways in accordance with the

provisions of laws relating thereto, or for any purpose

related or incident to and connected therewith, including

the separation of grades of those highways with railroads

and with highways and including the payment of awards made

by the Illinois Workers' Compensation Commission under the

terms of the Workers' Compensation Act or Workers'

Occupational Diseases Act for injury or death of an

employee of the Division of Highways in the Department of

Transportation; or for the acquisition of land and the

erection of buildings for highway purposes, including the

acquisition of highway right-of-way or for investigations

to determine the reasonably anticipated future highway

needs; or for making of surveys, plans, specifications and

estimates for and in the construction and maintenance of

flight strips and of highways necessary to provide access

to military and naval reservations, to defense industries

and defense-industry sites, and to the sources of raw

materials and for replacing existing highways and highway

connections shut off from general public use at military

and naval reservations and defense-industry sites, or for

the purchase of right-of-way, except that the State shall

be reimbursed in full for any expense incurred in building

the flight strips; or for the operating and maintaining of

highway garages; or for patrolling and policing the public

highways and conserving the peace; or for the operating

expenses of the Department relating to the administration

of public transportation programs; or, during fiscal year

2020 only, for the purposes of a grant not to exceed

$8,394,800 to the Regional Transportation Authority on

behalf of PACE for the purpose of ADA/Para-transit

expenses; or, during fiscal year 2021 only, for the

purposes of a grant not to exceed $8,394,800 to the

Regional Transportation Authority on behalf of PACE for

the purpose of ADA/Para-transit expenses; or for any of

those purposes or any other purpose that may be provided

by law.

Appropriations for any of those purposes are payable from

the Road Fund. Appropriations may also be made from the Road

Fund for the administrative expenses of any State agency that

are related to motor vehicles or arise from the use of motor

vehicles.

Beginning with fiscal year 1980 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Department of Public Health;

2. Department of Transportation, only with respect to

subsidies for one-half fare Student Transportation and

Reduced Fare for Elderly, except fiscal year 2020 only

when no more than $17,570,000 may be expended and except

fiscal year 2021 only when no more than $17,570,000 may be

expended;

3. Department of Central Management Services, except

for expenditures incurred for group insurance premiums of

appropriate personnel;

4. Judicial Systems and Agencies.

Beginning with fiscal year 1981 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Illinois Department of State Police, except for

expenditures with respect to the Division of Patrol

Operations and Division of Criminal Investigation

Operations;

2. Department of Transportation, only with respect to

Intercity Rail Subsidies, except fiscal year 2020 only

when no more than $50,000,000 may be expended and except

fiscal year 2021 only when no more than $50,000,000 may be

expended, and Rail Freight Services.

Beginning with fiscal year 1982 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement: Department of Central

Management Services, except for awards made by the Illinois

Workers' Compensation Commission under the terms of the

Workers' Compensation Act or Workers' Occupational Diseases

Act for injury or death of an employee of the Division of

Highways in the Department of Transportation.

Beginning with fiscal year 1984 and thereafter, no Road

Fund monies shall be appropriated to the following Departments

or agencies of State government for administration, grants, or

operations; but this limitation is not a restriction upon

appropriating for those purposes any Road Fund monies that are

eligible for federal reimbursement:

1. Illinois Department of State Police, except not

more than 40% of the funds appropriated for the Division

of Patrol Operations and Division of Criminal

Investigation Operations;

2. State Officers.

Beginning with fiscal year 1984 and thereafter, no Road

Fund monies shall be appropriated to any Department or agency

of State government for administration, grants, or operations

except as provided hereafter; but this limitation is not a

restriction upon appropriating for those purposes any Road

Fund monies that are eligible for federal reimbursement. It

shall not be lawful to circumvent the above appropriation

limitations by governmental reorganization or other methods.

Appropriations shall be made from the Road Fund only in

accordance with the provisions of this Section.

Money in the Road Fund shall, if and when the State of

Illinois incurs any bonded indebtedness for the construction

of permanent highways, be set aside and used for the purpose of

paying and discharging during each fiscal year the principal

and interest on that bonded indebtedness as it becomes due and

payable as provided in the Transportation Bond Act, and for no

other purpose. The surplus, if any, in the Road Fund after the

payment of principal and interest on that bonded indebtedness

then annually due shall be used as follows:

first -- to pay the cost of administration of Chapters

2 through 10 of the Illinois Vehicle Code; and

secondly -- no Road Fund monies derived from fees,

excises, or license taxes relating to registration,

operation and use of vehicles on public highways or to

fuels used for the propulsion of those vehicles, shall be

appropriated or expended other than for costs of

administering the laws imposing those fees, excises, and

license taxes, statutory refunds and adjustments allowed

thereunder, administrative costs of the Department of

Transportation, including, but not limited to, the

operating expenses of the Department relating to the

administration of public transportation programs, payment

of debts and liabilities incurred in construction and

reconstruction of public highways and bridges, acquisition

of rights-of-way for and the cost of construction,

reconstruction, maintenance, repair, and operation of

public highways and bridges under the direction and

supervision of the State, political subdivision, or

municipality collecting those monies, or during fiscal

year 2020 only for the purposes of a grant not to exceed

$8,394,800 to the Regional Transportation Authority on

behalf of PACE for the purpose of ADA/Para-transit

expenses, or during fiscal year 2021 only for the purposes

of a grant not to exceed $8,394,800 to the Regional

Transportation Authority on behalf of PACE for the purpose

of ADA/Para-transit expenses, and the costs for patrolling

and policing the public highways (by State, political

subdivision, or municipality collecting that money) for

enforcement of traffic laws. The separation of grades of

such highways with railroads and costs associated with

protection of at-grade highway and railroad crossing shall

also be permissible.

Appropriations for any of such purposes are payable from

the Road Fund or the Grade Crossing Protection Fund as

provided in Section 8 of the Motor Fuel Tax Law.

Except as provided in this paragraph, beginning with

fiscal year 1991 and thereafter, no Road Fund monies shall be

appropriated to the Illinois Department of State Police for

the purposes of this Section in excess of its total fiscal year

1990 Road Fund appropriations for those purposes unless

otherwise provided in Section 5g of this Act. For fiscal years

2003, 2004, 2005, 2006, and 2007 only, no Road Fund monies

shall be appropriated to the Department of State Police for

the purposes of this Section in excess of $97,310,000. For

fiscal year 2008 only, no Road Fund monies shall be

appropriated to the Department of State Police for the

purposes of this Section in excess of $106,100,000. For fiscal

year 2009 only, no Road Fund monies shall be appropriated to

the Department of State Police for the purposes of this

Section in excess of $114,700,000. Beginning in fiscal year

2010, no road fund moneys shall be appropriated to the

Illinois Department of State Police. It shall not be lawful to

circumvent this limitation on appropriations by governmental

reorganization or other methods unless otherwise provided in

Section 5g of this Act.

In fiscal year 1994, no Road Fund monies shall be

appropriated to the Secretary of State for the purposes of

this Section in excess of the total fiscal year 1991 Road Fund

appropriations to the Secretary of State for those purposes,

plus $9,800,000. It shall not be lawful to circumvent this

limitation on appropriations by governmental reorganization or

other method.

Beginning with fiscal year 1995 and thereafter, no Road

Fund monies shall be appropriated to the Secretary of State

for the purposes of this Section in excess of the total fiscal

year 1994 Road Fund appropriations to the Secretary of State

for those purposes. It shall not be lawful to circumvent this

limitation on appropriations by governmental reorganization or

other methods.

Beginning with fiscal year 2000, total Road Fund

appropriations to the Secretary of State for the purposes of

this Section shall not exceed the amounts specified for the

following fiscal years:

Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000; Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $130,500,000; Fiscal Year 2004 $130,500,000; Fiscal Year 2005 $130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008 $130,500,000; Fiscal Year 2009 $130,500,000.

For fiscal year 2010, no road fund moneys shall be

appropriated to the Secretary of State.

Beginning in fiscal year 2011, moneys in the Road Fund

shall be appropriated to the Secretary of State for the

exclusive purpose of paying refunds due to overpayment of fees

related to Chapter 3 of the Illinois Vehicle Code unless

otherwise provided for by law.

It shall not be lawful to circumvent this limitation on

appropriations by governmental reorganization or other

methods.

No new program may be initiated in fiscal year 1991 and

thereafter that is not consistent with the limitations imposed

by this Section for fiscal year 1984 and thereafter, insofar

as appropriation of Road Fund monies is concerned.

Nothing in this Section prohibits transfers from the Road

Fund to the State Construction Account Fund under Section 5e

of this Act; nor to the General Revenue Fund, as authorized by

Public Act 93-25.

The additional amounts authorized for expenditure in this

Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

shall be repaid to the Road Fund from the General Revenue Fund

in the next succeeding fiscal year that the General Revenue

Fund has a positive budgetary balance, as determined by

generally accepted accounting principles applicable to

government.

The additional amounts authorized for expenditure by the

Secretary of State and the Department of State Police in this

Section by Public Act 94-91 shall be repaid to the Road Fund

from the General Revenue Fund in the next succeeding fiscal

year that the General Revenue Fund has a positive budgetary

balance, as determined by generally accepted accounting

principles applicable to government.

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.

6-10-20.)

(30 ILCS 105/8.37)

Sec. 8.37. State Police Wireless Service Emergency Fund.

(a) The State Police Wireless Service Emergency Fund is

created as a special fund in the State Treasury.

(b) Grants or surcharge funds allocated to the Illinois

Department of State Police from the Statewide 9-1-1 Fund shall

be deposited into the State Police Wireless Service Emergency

Fund and shall be used in accordance with Section 30 of the

Emergency Telephone System Act.

(c) On July 1, 1999, the State Comptroller and State

Treasurer shall transfer $1,300,000 from the General Revenue

Fund to the State Police Wireless Service Emergency Fund. On

June 30, 2003 the State Comptroller and State Treasurer shall

transfer $1,300,000 from the State Police Wireless Service

Emergency Fund to the General Revenue Fund.

(Source: P.A. 100-20, eff. 7-1-17.)

(30 ILCS 105/8p)

Sec. 8p. State Police Streetgang-Related Crime Fund.

(a) The State Police Streetgang-Related Crime Fund is

created as a special fund in the State treasury.

(b) All moneys collected and payable to the Illinois

Department of State Police from the State Police

Streetgang-Related Crime Fund shall be appropriated to and

administered by the Illinois Department of State Police for

operations and initiatives to combat and prevent

streetgang-related crime.

(c) The State Police Streetgang-Related Crime Fund shall

not be subject to administrative chargebacks.

(Source: P.A. 100-987, eff. 7-1-19.)

(30 ILCS 105/14) (from Ch. 127, par. 150)

Sec. 14. The item "personal services", when used in an

appropriation Act, means the reward or recompense made for

personal services rendered for the State by an officer or

employee of the State or of an instrumentality thereof, or for

the purpose of Section 14a of this Act, or any amount required

or authorized to be deducted from the salary of any such person

under the provisions of Section 30c of this Act, or any

retirement or tax law, or both, or deductions from the salary

of any such person under the Social Security Enabling Act or

deductions from the salary of such person pursuant to the

Voluntary Payroll Deductions Act of 1983.

If no home is furnished to a person who is a full-time

chaplain employed by the State or a former full-time chaplain

retired from State employment, 20% of the salary or pension

paid to that person for his personal services to the State as

chaplain are considered to be a rental allowance paid to him to

rent or otherwise provide a home. This amendatory Act of 1973

applies to State salary amounts received after December 31,

1973.

When any appropriation payable from trust funds or federal

funds includes an item for personal services but does not

include a separate item for State contribution for employee

group insurance, the State contribution for employee group

insurance in relation to employees paid under that personal

services line item shall also be payable under that personal

services line item.

When any appropriation payable from trust funds or federal

funds includes an item for personal services but does not

include a separate item for employee retirement contributions

paid by the employer, the State contribution for employee

retirement contributions paid by the employer in relation to

employees paid under that personal services line item shall

also be payable under that personal services line item.

The item "personal services", when used in an

appropriation Act, shall also mean and include a payment to a

State retirement system by a State agency to discharge a debt

arising from the over-refund to an employee of retirement

contributions. The payment to a State retirement system

authorized by this paragraph shall not be construed to release

the employee from his or her obligation to return to the State

the amount of the over-refund.

The item "personal services", when used in an

appropriation Act, also includes a payment to reimburse the

Department of Central Management Services for temporary total

disability benefit payments in accordance with subdivision (9)

of Section 405-105 of the Department of Central Management

Services Law (20 ILCS 405/405-105).

Beginning July 1, 1993, the item "personal services" and

related line items, when used in an appropriation Act or this

Act, shall also mean and include back wage claims of State

officers and employees to the extent those claims have not

been satisfied from the back wage appropriation to the

Department of Central Management Services in the preceding

fiscal year, as provided in Section 14b of this Act and

subdivision (13) of Section 405-105 of the Department of

Central Management Services Law (20 ILCS 405/405-105).

The item "personal services", when used with respect to

State police officers in an appropriation Act, also includes a

payment for the burial expenses of a State police officer

killed in the line of duty, made in accordance with Section

12.2 of the Illinois State Police Act and any rules adopted

under that Section.

For State fiscal year 2005, the item "personal services",

when used in an appropriation Act, also includes payments for

employee retirement contributions paid by the employer.

(Source: P.A. 93-839, eff. 7-30-04.)

Section 335. The State Officers and Employees Money

Disposition Act is amended by changing Section 2 as follows:

(30 ILCS 230/2) (from Ch. 127, par. 171)

Sec. 2. Accounts of money received; payment into State

treasury.

(a) Every officer, board, commission, commissioner,

department, institution, arm or agency brought within the

provisions of this Act by Section 1 shall keep in proper books

a detailed itemized account of all moneys received for or on

behalf of the State of Illinois, showing the date of receipt,

the payor, and purpose and amount, and the date and manner of

disbursement as hereinafter provided, and, unless a different

time of payment is expressly provided by law or by rules or

regulations promulgated under subsection (b) of this Section,

shall pay into the State treasury the gross amount of money so

received on the day of actual physical receipt with respect to

any single item of receipt exceeding $10,000, within 24 hours

of actual physical receipt with respect to an accumulation of

receipts of $10,000 or more, or within 48 hours of actual

physical receipt with respect to an accumulation of receipts

exceeding $500 but less than $10,000, disregarding holidays,

Saturdays and Sundays, after the receipt of same, without any

deduction on account of salaries, fees, costs, charges,

expenses or claims of any description whatever; provided that:

(1) the provisions of (i) Section 2505-475 of the

Department of Revenue Law (20 ILCS 2505/2505-475), (ii)

any specific taxing statute authorizing a claim for credit

procedure instead of the actual making of refunds, (iii)

Section 505 of the Illinois Controlled Substances Act,

(iv) Section 85 of the Methamphetamine Control and

Community Protection Act, authorizing the Director of the

Illinois State Police to dispose of forfeited property,

which includes the sale and disposition of the proceeds of

the sale of forfeited property, and the Department of

Central Management Services to be reimbursed for costs

incurred with the sales of forfeited vehicles, boats or

aircraft and to pay to bona fide or innocent purchasers,

conditional sales vendors or mortgagees of such vehicles,

boats or aircraft their interest in such vehicles, boats

or aircraft, and (v) Section 6b-2 of the State Finance

Act, establishing procedures for handling cash receipts

from the sale of pari-mutuel wagering tickets, shall not

be deemed to be in conflict with the requirements of this

Section;

(2) any fees received by the State Registrar of Vital

Records pursuant to the Vital Records Act which are

insufficient in amount may be returned by the Registrar as

provided in that Act;

(3) any fees received by the Department of Public

Health under the Food Handling Regulation Enforcement Act

that are submitted for renewal of an expired food service

sanitation manager certificate may be returned by the

Director as provided in that Act;

(3.5) the State Treasurer may permit the deduction of

fees by third-party unclaimed property examiners from the

property recovered by the examiners for the State of

Illinois during examinations of holders located outside

the State under which the Office of the Treasurer has

agreed to pay for the examinations based upon a

percentage, in accordance with the Revised Uniform

Unclaimed Property Act, of the property recovered during

the examination; and

(4) if the amount of money received does not exceed

$500, such money may be retained and need not be paid into

the State treasury until the total amount of money so

received exceeds $500, or until the next succeeding 1st or

15th day of each month (or until the next business day if

these days fall on Sunday or a holiday), whichever is

earlier, at which earlier time such money shall be paid

into the State treasury, except that if a local bank or

savings and loan association account has been authorized

by law, any balances shall be paid into the State treasury

on Monday of each week if more than $500 is to be deposited

in any fund.

Single items of receipt exceeding $10,000 received after 2

p.m. on a working day may be deemed to have been received on

the next working day for purposes of fulfilling the

requirement that the item be deposited on the day of actual

physical receipt.

No money belonging to or left for the use of the State

shall be expended or applied except in consequence of an

appropriation made by law and upon the warrant of the State

Comptroller. However, payments made by the Comptroller to

persons by direct deposit need not be made upon the warrant of

the Comptroller, but if not made upon a warrant, shall be made

in accordance with Section 9.02 of the State Comptroller Act.

All moneys so paid into the State treasury shall, unless

required by some statute to be held in the State treasury in a

separate or special fund, be covered into the General Revenue

Fund in the State treasury. Moneys received in the form of

checks, drafts or similar instruments shall be properly

endorsed, if necessary, and delivered to the State Treasurer

for collection. The State Treasurer shall remit such collected

funds to the depositing officer, board, commission,

commissioner, department, institution, arm or agency by

Treasurers Draft or through electronic funds transfer. The

draft or notification of the electronic funds transfer shall

be provided to the State Comptroller to allow deposit into the

appropriate fund.

(b) Different time periods for the payment of public funds

into the State treasury or to the State Treasurer, in excess of

the periods established in subsection (a) of this Section, but

not in excess of 30 days after receipt of such funds, may be

established and revised from time to time by rules or

regulations promulgated jointly by the State Treasurer and the

State Comptroller in accordance with the Illinois

Administrative Procedure Act. The different time periods

established by rule or regulation under this subsection may

vary according to the nature and amounts of the funds

received, the locations at which the funds are received,

whether compliance with the deposit requirements specified in

subsection (a) of this Section would be cost effective, and

such other circumstances and conditions as the promulgating

authorities consider to be appropriate. The Treasurer and the

Comptroller shall review all such different time periods

established pursuant to this subsection every 2 years from the

establishment thereof and upon such review, unless it is

determined that it is economically unfeasible for the agency

to comply with the provisions of subsection (a), shall repeal

such different time period.

(Source: P.A. 100-22, eff. 1-1-18.)

Section 340. The Illinois Procurement Code is amended by

changing Section 25-75 as follows:

(30 ILCS 500/25-75)

Sec. 25-75. Purchase of motor vehicles.

(a) Beginning on the effective date of this amendatory Act

of the 94th General Assembly, all gasoline-powered vehicles

purchased from State funds must be flexible fuel vehicles.

Beginning July 1, 2007, all gasoline-powered vehicles

purchased from State funds must be flexible fuel or fuel

efficient hybrid vehicles. For purposes of this Section,

"flexible fuel vehicles" are automobiles or light trucks that

operate on either gasoline or E-85 (85% ethanol, 15% gasoline)

fuel and "Fuel efficient hybrid vehicles" are automobiles or

light trucks that use a gasoline or diesel engine and an

electric motor to provide power and gain at least a 20%

increase in combined US-EPA city-highway fuel economy over the

equivalent or most-similar conventionally-powered model.

(b) On and after the effective date of this amendatory Act

of the 94th General Assembly, any vehicle purchased from State

funds that is fueled by diesel fuel shall be certified by the

manufacturer to run on 5% biodiesel (B5) fuel.

(b-5) On and after January 1, 2016, 15% of passenger

vehicles, other than Department of Corrections vehicles,

Secretary of State vehicles (except for mid-sized sedans), and

Illinois Department of State Police patrol vehicles, purchased

with State funds shall be vehicles fueled by electricity,

electricity and gasohol (hybrids or plug-in hybrids),

compressed natural gas, liquid petroleum gas, or liquid

natural gas, including dedicated or non-dedicated fuel type

vehicles.

(c) The Chief Procurement Officer may determine that

certain vehicle procurements are exempt from this Section

based on intended use or other reasonable considerations such

as health and safety of Illinois citizens.

(Source: P.A. 98-442, eff. 1-1-14; 98-759, eff. 7-16-14;

99-406, eff. 1-1-16.)

Section 345. The State Property Control Act is amended by

changing Sections 7, 7b and 7c as follows:

(30 ILCS 605/7) (from Ch. 127, par. 133b10)

Sec. 7. Disposition of transferable property.

(a) Except as provided in subsection (c), whenever a

responsible officer considers it advantageous to the State to

dispose of transferable property by trading it in for credit

on a replacement of like nature, the responsible officer shall

report the trade-in and replacement to the administrator on

forms furnished by the latter. The exchange, trade or transfer

of "textbooks" as defined in Section 18-17 of the School Code

between schools or school districts pursuant to regulations

adopted by the State Board of Education under that Section

shall not constitute a disposition of transferable property

within the meaning of this Section, even though such exchange,

trade or transfer occurs within 5 years after the textbooks

are first provided for loan pursuant to Section 18-17 of the

School Code.

(b) Except as provided in subsection (c), whenever it is

deemed necessary to dispose of any item of transferable

property, the administrator shall proceed to dispose of the

property by sale or scrapping as the case may be, in whatever

manner he considers most advantageous and most profitable to

the State. Items of transferable property which would

ordinarily be scrapped and disposed of by burning or by burial

in a landfill may be examined and a determination made whether

the property should be recycled. This determination and any

sale of recyclable property shall be in accordance with rules

promulgated by the Administrator.

When the administrator determines that property is to be

disposed of by sale, he shall offer it first to the

municipalities, counties, and school districts of the State

and to charitable, not-for-profit educational and public

health organizations, including but not limited to medical

institutions, clinics, hospitals, health centers, schools,

colleges, universities, child care centers, museums, nursing

homes, programs for the elderly, food banks, State Use

Sheltered Workshops and the Boy and Girl Scouts of America,

for purchase at an appraised value. Notice of inspection or

viewing dates and property lists shall be distributed in the

manner provided in rules and regulations promulgated by the

Administrator for that purpose.

Electronic data processing equipment purchased and charged

to appropriations may, at the discretion of the administrator,

be sold, pursuant to contracts entered into by the Director of

Central Management Services or the heads of agencies exempt

from "The Illinois Purchasing Act". However such equipment

shall not be sold at prices less than the purchase cost thereof

or depreciated value as determined by the administrator. No

sale of the electronic data processing equipment and lease to

the State by the purchaser of such equipment shall be made

under this Act unless the Director of Central Management

Services finds that such contracts are financially

advantageous to the State.

Disposition of other transferable property by sale, except

sales directly to local governmental units, school districts,

and not-for-profit educational, charitable and public health

organizations, shall be subject to the following minimum

conditions:

(1) The administrator shall cause the property to be

advertised for sale to the highest responsible bidder,

stating time, place, and terms of such sale at least 7 days

prior to the time of sale and at least once in a newspaper

having a general circulation in the county where the

property is to be sold.

(2) If no acceptable bids are received, the

administrator may then sell the property in whatever

manner he considers most advantageous and most profitable

to the State.

(c) Notwithstanding any other provision of this Act, an

agency covered by this Act may transfer books, serial

publications, or other library materials that are transferable

property, or that have been withdrawn from the agency's

library collection through a regular collection evaluation

process, to any of the following entities:

(1) Another agency covered by this Act located in

Illinois.

(2) A State supported university library located in

Illinois.

(3) A tax-supported public library located in

Illinois, including a library established by a public

library district.

(4) A library system organized under the Illinois

Library System Act or any library located in Illinois that

is a member of such a system.

(5) A non-profit agency, located in or outside

Illinois.

A transfer of property under this subsection is not

subject to the requirements of subsection (a) or (b).

In addition, an agency covered by this Act may sell or

exchange books, serial publications, and other library

materials that have been withdrawn from its library collection

through a regular collection evaluation process. Those items

may be sold to the public at library book sales or to book

dealers or may be offered through exchange to book dealers or

other organizations. Revenues generated from the sale of

withdrawn items shall be retained by the agency in a separate

account to be used solely for the purchase of library

materials; except that in the case of the State Library,

revenues from the sale of withdrawn items shall be deposited

into the State Library Fund to be used for the purposes stated

in Section 25 of the State Library Act.

For purposes of this subsection (c), "library materials"

means physical entities of any substance that serve as

carriers of information, including, without limitation, books,

serial publications, periodicals, microforms, graphics, audio

or video recordings, and machine readable data files.

(d) Notwithstanding any other provision of this Act, the

Director of the Illinois State Police may dispose of a service

firearm or police badge issued or previously issued to a

retiring or separating State Police officer as provided in

Section 17b of the Illinois State Police Act. The Director of

Natural Resources may dispose of a service firearm or police

badge issued previously to a retiring Conservation Police

Officer as provided in Section 805-538 of the Department of

Natural Resources (Conservation) Law of the Civil

Administrative Code of Illinois. The Director of the Secretary

of State Department of Police may dispose of a service firearm

or police badge issued or previously issued to a retiring

Secretary of State Police officer, inspector, or investigator

as provided in Section 2-116 of the Illinois Vehicle Code. The

Office of the State Fire Marshal may dispose of a service

firearm or badge previously issued to a State Fire Marshal

Arson Investigator Special Agent who is honorably retiring or

separating in good standing as provided in subsection (c) of

Section 1 of the Peace Officer Fire Investigation Act.

(Source: P.A. 100-931, eff. 8-17-18.)

(30 ILCS 605/7b)

Sec. 7b. Maintenance and operation of Illinois State

Police vehicles. All proceeds received by the Department of

Central Management Services under this Act from the sale of

vehicles operated by the Illinois Department of State Police

shall be deposited into the State Police Vehicle Maintenance

Fund.

The State Police Vehicle Maintenance Fund is created as a

special fund in the State treasury. All moneys in the State

Police Vehicle Maintenance Fund, subject to appropriation,

shall be used by the Illinois Department of State Police for

the maintenance and operation of vehicles for that Department.

(Source: P.A. 101-636, eff. 6-10-20.)

(30 ILCS 605/7c)

Sec. 7c. Acquisition of Illinois State Police vehicles.

The State Police Vehicle Fund is created as a special fund in

the State treasury. All moneys in the Fund, subject to

appropriation, shall be used by the Illinois Department of

State Police:

(1) for the acquisition of vehicles for that

Department; or

(2) for debt service on bonds issued to finance the

acquisition of vehicles for that Department.

(Source: P.A. 100-987, eff. 7-1-19.)

Section 350. The State Vehicle Identification Act is

amended by changing Section 4 as follows:

(30 ILCS 610/4) (from Ch. 127, par. 133e4)

Sec. 4. This Act shall not apply to vehicles used by

elective State officers, by executive heads of State agencies

and departments, by presidents of colleges or universities

placed under control of officers of this State, or by any

employee of a State agency or department in the performance of

investigative services exclusively when the executive head

thereof has requested an exception in writing, and such

exception has been approved in writing by the Department, on

the basis that the identification would hamper the individual

employee in the routine performance of his investigative

duties. A record, open to public inspection, shall be kept by

the Department of all such exceptions approved by it.

This Act shall not apply to vehicles assigned to the use of

the Illinois Department of State Police and the Division of

Law Enforcement of the Department of Natural Resources, and

the executive heads thereof shall have within their discretion

determination of the type of markings or identification, if

any, to be affixed to vehicles assigned to said Department or

Division nor shall this Act apply to vehicles assigned to the

use of Secretary of State police officers.

(Source: P.A. 89-445, eff. 2-7-96.)

Section 355. The Intergovernmental Drug Laws Enforcement

Act is amended by changing Sections 2.01, 3, 4, 5, and 5.1 as

follows:

(30 ILCS 715/2.01) (from Ch. 56 1/2, par. 1702.01)

Sec. 2.01. "Department" means the Department of State

Police and "Director" means the Director of the Illinois State

Police.

(Source: P.A. 84-25.)

(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

Sec. 3. A Metropolitan Enforcement Group which meets the

minimum criteria established in this Section is eligible to

receive State grants to help defray the costs of operation. To

be eligible a MEG must:

(1) Be established and operating pursuant to

intergovernmental contracts written and executed in

conformity with the Intergovernmental Cooperation Act, and

involve 2 or more units of local government.

(2) Establish a MEG Policy Board composed of an

elected official, or his designee, and the chief law

enforcement officer, or his designee, from each

participating unit of local government to oversee the

operations of the MEG and make such reports to the

Illinois Department of State Police as the Illinois State

Police Department may require.

(3) Designate a single appropriate elected official of

a participating unit of local government to act as the

financial officer of the MEG for all participating units

of local government and to receive funds for the operation

of the MEG.

(4) Limit its operations to enforcement of drug laws;

enforcement of Sections 24-2.1, 24-2.2, 24-3, 24-3.1,

24-3.3, 24-3.4, 24-4, and 24-5 and subsections 24-1(a)(4),

24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and

24-1(c) of the Criminal Code of 2012; and the

investigation of streetgang related offenses.

(5) Cooperate with the Illinois Department of State

Police in order to assure compliance with this Act and to

enable the Illinois State Police Department to fulfill its

duties under this Act, and supply the Illinois State

Police Department with all information the Illinois State

Police Department deems necessary therefor.

(6) Receive funding of at least 50% of the total

operating budget of the MEG from the participating units

of local government.

(Source: P.A. 97-1150, eff. 1-25-13.)

(30 ILCS 715/4) (from Ch. 56 1/2, par. 1704)

Sec. 4. The Illinois Department of State Police shall

monitor the operations of all MEG units and determine their

eligibility to receive State grants under this Act. From the

moneys appropriated annually by the General Assembly for this

purpose, the Director shall determine and certify to the

Comptroller the amount of the grant to be made to each

designated MEG financial officer. The amount of the State

grant which a MEG may receive hereunder may not exceed 50% of

the total operating budget of that MEG.

(Source: P.A. 84-25.)

(30 ILCS 715/5) (from Ch. 56 1/2, par. 1705)

Sec. 5. The Illinois Department of State Police shall

coordinate the operations of all MEG units and may establish

such reasonable rules and regulations and conduct those

investigations the Director deems necessary to carry out its

duties under this Act, including the establishment of forms

for reporting by each MEG to the Illinois State Police

Department.

(Source: P.A. 84-25.)

(30 ILCS 715/5.1) (from Ch. 56 1/2, par. 1705.1)

Sec. 5.1. The Director may assign the functions and duties

created under this Act to be administered by the Illinois

Department of State Police, Division of Investigation.

(Source: P.A. 84-25.)

Section 360. The State Mandates Act is amended by changing

Section 8.40 as follows:

(30 ILCS 805/8.40)

Sec. 8.40. Exempt mandate.

(a) Notwithstanding Sections 6 and 8 of this Act, no

reimbursement by the State is required for the implementation

of any mandate created by Public Act 99-683, 99-745, or

99-905.

(b) Notwithstanding Sections 6 and 8 of this Act, no

reimbursement by the State is required for the implementation

of any mandate created by Section 40 of the Illinois State

Police Act and Section 10.19 of the Illinois Police Training

Act.

(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;

99-745, eff. 8-5-16; 99-905, eff. 11-29-16; 100-201, eff.

8-18-17.)

Section 365. The Illinois Income Tax Act is amended by

changing Section 1109 as follows:

(35 ILCS 5/1109) (from Ch. 120, par. 11-1109)

Sec. 1109. Demand and Seizure. In addition to any other

remedy provided for by the laws of this State, if the tax

imposed by this Act is not paid within the time required by

this Act, the Department, or some person designated by it, may

cause a demand to be made on the taxpayer for the payment

thereof. If such tax remains unpaid for 10 days after such

demand has been made and no proceedings have been taken to

review the same, the Department may issue a warrant directed

to any sheriff or other person authorized to serve process,

commanding the sheriff or other person to levy upon the

property and rights to property (whether real or personal,

tangible or intangible) of the taxpayer, without exemption,

found within his jurisdiction, for the payment of the amount

thereof with the added penalties, interest and the cost of

executing the warrant. The term "levy" includes the power of

distraint and seizure by any means. In any case in which the

warrant to levy has been issued, the sheriff or other person to

whom the warrant was directed may seize and sell such property

or rights to property. Such warrant shall be returned to the

Department together with the money collected by virtue thereof

within the time therein specified, which shall not be less

than 20 nor more than 90 days from the date of the warrant. The

sheriff or other person to whom such warrant is directed shall

proceed in the same manner as prescribed by law in respect to

the enforcement against property upon judgments by a court,

and shall be entitled to the same fees for his services in

executing the warrant, to be collected in the same manner. The

Department, or some officer, employee or agent designated by

it, is hereby authorized to bid for and purchase any property

sold under the provisions hereof. No proceedings for a levy

under this Section shall be commenced more than 20 years after

the latest date for filing of the notice of lien under the

provisions of Section 1103, without regard to whether such

notice was actually filed.

Any officer or employee of the Department designated in

writing by the Director is authorized to serve process under

this Section to levy upon accounts or other intangible assets

of a taxpayer held by a financial organization, as defined in

Section 1501 of this Act. In addition to any other provisions

of this Section, any officer or employee of the Department

designated in writing by the Director may levy upon the

following property and rights to property belonging to a

taxpayer: contractual payments, accounts and notes receivable

and other evidences of debt, and interest on bonds, by serving

a notice of levy on the person making such payment. Levy shall

not be made until the Department has caused a demand to be made

on the taxpayer in the manner provided above. In addition to

any other provisions of this Section, any officer or employee

of the Department designated in writing by the Director, may

levy upon the salary, wages, commissions and bonuses of any

employee, including officers, employees, or elected officials

of the United States as authorized by Section 5520a of the

Government Organization and Employees Act (5 U.S.C. 5520a),

but not upon the salary or wages of officers, employees, or

elected officials of any state other than this State, by

serving a notice of levy on the employer, as defined in Section

701(d). Levy shall not be made until the Department has caused

a demand to be made on the employee in the manner provided

above. The provisions of Section 12-803 of the Code of Civil

Procedure relating to maximum compensation subject to

collection under wage deduction orders shall apply to all

levies made upon compensation under this Section. To the

extent of the amount due on the levy, the employer or other

person making payments to the taxpayer shall hold any

non-exempt wages or other payments due or which subsequently

come due. The levy or balance due thereon is a lien on wages or

other payments due at the time of the service of the notice of

levy, and such lien shall continue as to subsequent earnings

and other payments until the total amount due upon the levy is

paid, except that such lien on subsequent earnings or other

payments shall terminate sooner if the employment relationship

is terminated or if the notice of levy is rescinded or

modified. The employer or other person making payments to the

taxpayer shall file, on or before the return dates stated in

the notice of levy (which shall not be more often than

bimonthly) a written answer under oath to interrogatories,

setting forth the amount due as wages or other payments to the

taxpayer for the payment periods ending immediately prior to

the appropriate return date. A lien obtained hereunder shall

have priority over any subsequent lien obtained pursuant to

Section 12-808 of the Code of Civil Procedure, except that

liens for the support of a spouse or dependent children shall

have priority over all liens obtained hereunder.

In any case where property or rights to property have been

seized by an officer of the Illinois Department of State

Police, or successor agency thereto, under the authority of a

warrant to levy issued by the Department of Revenue, the

Department of Revenue may take possession of and may sell such

property or rights to property and the Department of Revenue

may contract with third persons to conduct sales of such

property or rights to the property. In the conduct of such

sales, the Department of Revenue shall proceed in the same

manner as is prescribed by law for proceeding against property

to enforce judgments which are entered by a circuit court of

this State. If, in the Department of Revenue's opinion, no

offer to purchase at such sale is acceptable and the State's

interest would be better served by retaining the property for

sale at a later date, then the Department may decline to accept

any bid and may retain the property for sale at a later date.

(Source: P.A. 89-399, eff. 8-20-95.)

Section 370. The Cigarette Use Tax Act is amended by

changing Section 3-10 as follows:

(35 ILCS 135/3-10)

Sec. 3-10. Cigarette enforcement.

(a) Prohibitions. It is unlawful for any person:

(1) to sell or distribute in this State; to acquire,

hold, own, possess, or transport, for sale or distribution

in this State; or to import, or cause to be imported into

this State for sale or distribution in this State:

(A) any cigarettes the package of which:

(i) bears any statement, label, stamp,

sticker, or notice indicating that the

manufacturer did not intend the cigarettes to be

sold, distributed, or used in the United States,

including but not limited to labels stating "For

Export Only", "U.S. Tax Exempt", "For Use Outside

U.S.", or similar wording; or

(ii) does not comply with:

(aa) all requirements imposed by or

pursuant to federal law regarding warnings and

other information on packages of cigarettes

manufactured, packaged, or imported for sale,

distribution, or use in the United States,

including but not limited to the precise

warning labels specified in the federal

Cigarette Labeling and Advertising Act, 15

U.S.C. 1333; and

(bb) all federal trademark and copyright

laws;

(B) any cigarettes imported into the United States

in violation of 26 U.S.C. 5754 or any other federal

law, or implementing federal regulations;

(C) any cigarettes that such person otherwise

knows or has reason to know the manufacturer did not

intend to be sold, distributed, or used in the United

States; or

(D) any cigarettes for which there has not been

submitted to the Secretary of the U.S. Department of

Health and Human Services the list or lists of the

ingredients added to tobacco in the manufacture of the

cigarettes required by the federal Cigarette Labeling

and Advertising Act, 15 U.S.C. 1335a;

(2) to alter the package of any cigarettes, prior to

sale or distribution to the ultimate consumer, so as to

remove, conceal, or obscure:

(A) any statement, label, stamp, sticker, or

notice described in subdivision (a)(1)(A)(i) of this

Section;

(B) any health warning that is not specified in,

or does not conform with the requirements of, the

federal Cigarette Labeling and Advertising Act, 15

U.S.C. 1333; or

(3) to affix any stamp required pursuant to this Act

to the package of any cigarettes described in subdivision

(a)(1) of this Section or altered in violation of

subdivision (a)(2).

(b) Documentation. On the first business day of each

month, each person licensed to affix the State tax stamp to

cigarettes shall file with the Department, for all cigarettes

imported into the United States to which the person has

affixed the tax stamp in the preceding month:

(1) a copy of:

(A) the permit issued pursuant to the Internal

Revenue Code, 26 U.S.C. 5713, to the person importing

the cigarettes into the United States allowing the

person to import the cigarettes; and

(B) the customs form containing, with respect to

the cigarettes, the internal revenue tax information

required by the U.S. Bureau of Alcohol, Tobacco and

Firearms;

(2) a statement, signed by the person under penalty of

perjury, which shall be treated as confidential by the

Department and exempt from disclosure under the Freedom of

Information Act, identifying the brand and brand styles of

all such cigarettes, the quantity of each brand style of

such cigarettes, the supplier of such cigarettes, and the

person or persons, if any, to whom such cigarettes have

been conveyed for resale; and a separate statement, signed

by the individual under penalty of perjury, which shall

not be treated as confidential or exempt from disclosure,

separately identifying the brands and brand styles of such

cigarettes; and

(3) a statement, signed by an officer of the

manufacturer or importer under penalty of perjury,

certifying that the manufacturer or importer has complied

with:

(A) the package health warning and ingredient

reporting requirements of the federal Cigarette

Labeling and Advertising Act, 15 U.S.C. 1333 and

1335a, with respect to such cigarettes; and

(B) the provisions of Exhibit T of the Master

Settlement Agreement entered in the case of People of

the State of Illinois v. Philip Morris, et al.

(Circuit Court of Cook County, No. 96-L13146),

including a statement indicating whether the

manufacturer is, or is not, a participating tobacco

manufacturer within the meaning of Exhibit T.

(c) Administrative sanctions.

(1) Upon finding that a distributor, secondary

distributor, retailer, or a person has committed any of

the acts prohibited by subsection (a), knowing or having

reason to know that he or she has done so, or upon finding

that a distributor or person has failed to comply with any

requirement of subsection (b), the Department may revoke

or suspend the license or licenses of any distributor,

retailer, or secondary distributor pursuant to the

procedures set forth in Section 6 and impose on the

distributor, secondary distributor, retailer, or person, a

civil penalty in an amount not to exceed the greater of

500% of the retail value of the cigarettes involved or

$5,000.

(2) Cigarettes that are acquired, held, owned,

possessed, transported in, imported into, or sold or

distributed in this State in violation of this Section

shall be deemed contraband under this Act and are subject

to seizure and forfeiture as provided in this Act, and all

such cigarettes seized and forfeited shall be destroyed or

maintained and used in an undercover capacity. Such

cigarettes shall be deemed contraband whether the

violation of this Section is knowing or otherwise.

(d) Unfair trade practices. In addition to any other

penalties provided for in this Act, a violation of subsection

(a) or subsection (b) of this Section shall constitute an

unlawful practice as provided in the Consumer Fraud and

Deceptive Business Practices Act.

(d-1) Retailers who are licensed under Section 4g of the

Cigarette Tax Act and secondary distributors shall not be

liable under subsections (c)(1) and (d) of this Section for

unknowingly possessing, selling, or distributing to consumers

or users cigarettes identified in subsection (a)(1) of this

Section if the cigarettes possessed, sold, or distributed by

the licensed retailer were obtained from a distributor or

secondary distributor licensed under this Act or the Cigarette

Tax Act.

(d-2) Criminal Penalties. A distributor, secondary

distributor, retailer, or person who violates subsection (a),

or a distributor, secondary distributor, or person who

violates subsection (b) of this Section shall be guilty of a

Class 4 felony.

(e) Unfair cigarette sales. For purposes of the Trademark

Registration and Protection Act and the Counterfeit Trademark

Act, cigarettes imported or reimported into the United States

for sale or distribution under any trade name, trade dress, or

trademark that is the same as, or is confusingly similar to,

any trade name, trade dress, or trademark used for cigarettes

manufactured in the United States for sale or distribution in

the United States shall be presumed to have been purchased

outside of the ordinary channels of trade.

(f) General provisions.

(1) This Section shall be enforced by the Department;

provided that, at the request of the Director of Revenue

or the Director's duly authorized agent, the Illinois

State Police police and all local police authorities shall

enforce the provisions of this Section. The Attorney

General has concurrent power with the State's Attorney of

any county to enforce this Section.

(2) For the purpose of enforcing this Section, the

Director of Revenue and any agency to which the Director

has delegated enforcement responsibility pursuant to

subdivision (f)(1) may request information from any State

or local agency and may share information with and request

information from any federal agency and any agency of any

other state or any local agency of any other state.

(3) In addition to any other remedy provided by law,

including enforcement as provided in subdivision (f)(1),

any person may bring an action for appropriate injunctive

or other equitable relief for a violation of this Section;

actual damages, if any, sustained by reason of the

violation; and, as determined by the court, interest on

the damages from the date of the complaint, taxable costs,

and reasonable attorney's fees. If the trier of fact finds

that the violation is flagrant, it may increase recovery

to an amount not in excess of 3 times the actual damages

sustained by reason of the violation.

(g) Definitions. As used in this Section:

"Importer" means that term as defined in 26 U.S.C.

5702(1).

"Package" means that term as defined in 15 U.S.C. 1332(4).

(h) Applicability.

(1) This Section does not apply to:

(A) cigarettes allowed to be imported or brought

into the United States for personal use; and

(B) cigarettes sold or intended to be sold as

duty-free merchandise by a duty-free sales enterprise

in accordance with the provisions of 19 U.S.C. 1555(b)

and any implementing regulations; except that this

Section shall apply to any such cigarettes that are

brought back into the customs territory for resale

within the customs territory.

(2) The penalties provided in this Section are in

addition to any other penalties imposed under other

provision of law.

(Source: P.A. 98-1055, eff. 1-1-16.)

Section 380. The Illinois Pension Code is amended by

changing Sections 14-103.05, 14-110, 14-123.1, and 14-124 as

follows:

(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)

Sec. 14-103.05. Employee.

(a) Any person employed by a Department who receives

salary for personal services rendered to the Department on a

warrant issued pursuant to a payroll voucher certified by a

Department and drawn by the State Comptroller upon the State

Treasurer, including an elected official described in

subparagraph (d) of Section 14-104, shall become an employee

for purpose of membership in the Retirement System on the

first day of such employment.

A person entering service on or after January 1, 1972 and

prior to January 1, 1984 shall become a member as a condition

of employment and shall begin making contributions as of the

first day of employment.

A person entering service on or after January 1, 1984

shall, upon completion of 6 months of continuous service which

is not interrupted by a break of more than 2 months, become a

member as a condition of employment. Contributions shall begin

the first of the month after completion of the qualifying

period.

A person employed by the Chicago Metropolitan Agency for

Planning on the effective date of this amendatory Act of the

95th General Assembly who was a member of this System as an

employee of the Chicago Area Transportation Study and makes an

election under Section 14-104.13 to participate in this System

for his or her employment with the Chicago Metropolitan Agency

for Planning.

The qualifying period of 6 months of service is not

applicable to: (1) a person who has been granted credit for

service in a position covered by the State Universities

Retirement System, the Teachers' Retirement System of the

State of Illinois, the General Assembly Retirement System, or

the Judges Retirement System of Illinois unless that service

has been forfeited under the laws of those systems; (2) a

person entering service on or after July 1, 1991 in a

noncovered position; (3) a person to whom Section 14-108.2a or

14-108.2b applies; or (4) a person to whom subsection (a-5) of

this Section applies.

(a-5) A person entering service on or after December 1,

2010 shall become a member as a condition of employment and

shall begin making contributions as of the first day of

employment. A person serving in the qualifying period on

December 1, 2010 will become a member on December 1, 2010 and

shall begin making contributions as of December 1, 2010.

(b) The term "employee" does not include the following:

(1) members of the State Legislature, and persons

electing to become members of the General Assembly

Retirement System pursuant to Section 2-105;

(2) incumbents of offices normally filled by vote of

the people;

(3) except as otherwise provided in this Section, any

person appointed by the Governor with the advice and

consent of the Senate unless that person elects to

participate in this system;

(3.1) any person serving as a commissioner of an

ethics commission created under the State Officials and

Employees Ethics Act unless that person elects to

participate in this system with respect to that service as

a commissioner;

(3.2) any person serving as a part-time employee in

any of the following positions: Legislative Inspector

General, Special Legislative Inspector General, employee

of the Office of the Legislative Inspector General,

Executive Director of the Legislative Ethics Commission,

or staff of the Legislative Ethics Commission, regardless

of whether he or she is in active service on or after July

8, 2004 (the effective date of Public Act 93-685), unless

that person elects to participate in this System with

respect to that service; in this item (3.2), a "part-time

employee" is a person who is not required to work at least

35 hours per week;

(3.3) any person who has made an election under

Section 1-123 and who is serving either as legal counsel

in the Office of the Governor or as Chief Deputy Attorney

General;

(4) except as provided in Section 14-108.2 or

14-108.2c, any person who is covered or eligible to be

covered by the Teachers' Retirement System of the State of

Illinois, the State Universities Retirement System, or the

Judges Retirement System of Illinois;

(5) an employee of a municipality or any other

political subdivision of the State;

(6) any person who becomes an employee after June 30,

1979 as a public service employment program participant

under the Federal Comprehensive Employment and Training

Act and whose wages or fringe benefits are paid in whole or

in part by funds provided under such Act;

(7) enrollees of the Illinois Young Adult Conservation

Corps program, administered by the Department of Natural

Resources, authorized grantee pursuant to Title VIII of

the "Comprehensive Employment and Training Act of 1973",

29 USC 993, as now or hereafter amended;

(8) enrollees and temporary staff of programs

administered by the Department of Natural Resources under

the Youth Conservation Corps Act of 1970;

(9) any person who is a member of any professional

licensing or disciplinary board created under an Act

administered by the Department of Professional Regulation

or a successor agency or created or re-created after the

effective date of this amendatory Act of 1997, and who

receives per diem compensation rather than a salary,

notwithstanding that such per diem compensation is paid by

warrant issued pursuant to a payroll voucher; such persons

have never been included in the membership of this System,

and this amendatory Act of 1987 (P.A. 84-1472) is not

intended to effect any change in the status of such

persons;

(10) any person who is a member of the Illinois Health

Care Cost Containment Council, and receives per diem

compensation rather than a salary, notwithstanding that

such per diem compensation is paid by warrant issued

pursuant to a payroll voucher; such persons have never

been included in the membership of this System, and this

amendatory Act of 1987 is not intended to effect any

change in the status of such persons;

(11) any person who is a member of the Oil and Gas

Board created by Section 1.2 of the Illinois Oil and Gas

Act, and receives per diem compensation rather than a

salary, notwithstanding that such per diem compensation is

paid by warrant issued pursuant to a payroll voucher;

(12) a person employed by the State Board of Higher

Education in a position with the Illinois Century Network

as of June 30, 2004, who remains continuously employed

after that date by the Department of Central Management

Services in a position with the Illinois Century Network

and participates in the Article 15 system with respect to

that employment;

(13) any person who first becomes a member of the

Civil Service Commission on or after January 1, 2012;

(14) any person, other than the Director of Employment

Security, who first becomes a member of the Board of

Review of the Department of Employment Security on or

after January 1, 2012;

(15) any person who first becomes a member of the

Civil Service Commission on or after January 1, 2012;

(16) any person who first becomes a member of the

Illinois Liquor Control Commission on or after January 1,

2012;

(17) any person who first becomes a member of the

Secretary of State Merit Commission on or after January 1,

2012;

(18) any person who first becomes a member of the

Human Rights Commission on or after January 1, 2012 unless

he or she is eligible to participate in accordance with

subsection (d) of this Section;

(19) any person who first becomes a member of the

State Mining Board on or after January 1, 2012;

(20) any person who first becomes a member of the

Property Tax Appeal Board on or after January 1, 2012;

(21) any person who first becomes a member of the

Illinois Racing Board on or after January 1, 2012;

(22) any person who first becomes a member of the

Illinois Department of State Police Merit Board on or

after January 1, 2012;

(23) any person who first becomes a member of the

Illinois State Toll Highway Authority on or after January

1, 2012; or

(24) any person who first becomes a member of the

Illinois State Board of Elections on or after January 1,

2012.

(c) An individual who represents or is employed as an

officer or employee of a statewide labor organization that

represents members of this System may participate in the

System and shall be deemed an employee, provided that (1) the

individual has previously earned creditable service under this

Article, (2) the individual files with the System an

irrevocable election to become a participant within 6 months

after the effective date of this amendatory Act of the 94th

General Assembly, and (3) the individual does not receive

credit for that employment under any other provisions of this

Code. An employee under this subsection (c) is responsible for

paying to the System both (i) employee contributions based on

the actual compensation received for service with the labor

organization and (ii) employer contributions based on the

percentage of payroll certified by the board; all or any part

of these contributions may be paid on the employee's behalf or

picked up for tax purposes (if authorized under federal law)

by the labor organization.

A person who is an employee as defined in this subsection

(c) may establish service credit for similar employment prior

to becoming an employee under this subsection by paying to the

System for that employment the contributions specified in this

subsection, plus interest at the effective rate from the date

of service to the date of payment. However, credit shall not be

granted under this subsection (c) for any such prior

employment for which the applicant received credit under any

other provision of this Code or during which the applicant was

on a leave of absence.

(d) A person appointed as a member of the Human Rights

Commission on or after June 1, 2019 may elect to participate in

the System and shall be deemed an employee. Service and

contributions shall begin on the first payroll period

immediately following the employee's election to participate

in the System.

A person who is an employee as described in this

subsection (d) may establish service credit for employment as

a Human Rights Commissioner that occurred on or after June 1,

2019 and before establishing service under this subsection by

paying to the System for that employment the contributions

specified in paragraph (1) of subsection (a) of Section

14-133, plus regular interest from the date of service to the

date of payment.

(Source: P.A. 101-10, eff. 6-5-19.)

(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)

Sec. 14-110. Alternative retirement annuity.

(a) Any member who has withdrawn from service with not

less than 20 years of eligible creditable service and has

attained age 55, and any member who has withdrawn from service

with not less than 25 years of eligible creditable service and

has attained age 50, regardless of whether the attainment of

either of the specified ages occurs while the member is still

in service, shall be entitled to receive at the option of the

member, in lieu of the regular or minimum retirement annuity,

a retirement annuity computed as follows:

(i) for periods of service as a noncovered employee:

if retirement occurs on or after January 1, 2001, 3% of

final average compensation for each year of creditable

service; if retirement occurs before January 1, 2001, 2

1/4% of final average compensation for each of the first

10 years of creditable service, 2 1/2% for each year above

10 years to and including 20 years of creditable service,

and 2 3/4% for each year of creditable service above 20

years; and

(ii) for periods of eligible creditable service as a

covered employee: if retirement occurs on or after January

1, 2001, 2.5% of final average compensation for each year

of creditable service; if retirement occurs before January

1, 2001, 1.67% of final average compensation for each of

the first 10 years of such service, 1.90% for each of the

next 10 years of such service, 2.10% for each year of such

service in excess of 20 but not exceeding 30, and 2.30% for

each year in excess of 30.

Such annuity shall be subject to a maximum of 75% of final

average compensation if retirement occurs before January 1,

2001 or to a maximum of 80% of final average compensation if

retirement occurs on or after January 1, 2001.

These rates shall not be applicable to any service

performed by a member as a covered employee which is not

eligible creditable service. Service as a covered employee

which is not eligible creditable service shall be subject to

the rates and provisions of Section 14-108.

(b) For the purpose of this Section, "eligible creditable

service" means creditable service resulting from service in

one or more of the following positions:

(1) State policeman;

(2) fire fighter in the fire protection service of a

department;

(3) air pilot;

(4) special agent;

(5) investigator for the Secretary of State;

(6) conservation police officer;

(7) investigator for the Department of Revenue or the

Illinois Gaming Board;

(8) security employee of the Department of Human

Services;

(9) Central Management Services security police

officer;

(10) security employee of the Department of

Corrections or the Department of Juvenile Justice;

(11) dangerous drugs investigator;

(12) investigator for the Illinois Department of State

Police;

(13) investigator for the Office of the Attorney

General;

(14) controlled substance inspector;

(15) investigator for the Office of the State's

Attorneys Appellate Prosecutor;

(16) Commerce Commission police officer;

(17) arson investigator;

(18) State highway maintenance worker;

(19) security employee of the Department of Innovation

and Technology; or

(20) transferred employee.

A person employed in one of the positions specified in

this subsection is entitled to eligible creditable service for

service credit earned under this Article while undergoing the

basic police training course approved by the Illinois Law

Enforcement Training Standards Board, if completion of that

training is required of persons serving in that position. For

the purposes of this Code, service during the required basic

police training course shall be deemed performance of the

duties of the specified position, even though the person is

not a sworn peace officer at the time of the training.

A person under paragraph (20) is entitled to eligible

creditable service for service credit earned under this

Article on and after his or her transfer by Executive Order No.

2003-10, Executive Order No. 2004-2, or Executive Order No.

2016-1.

(c) For the purposes of this Section:

(1) The term "State policeman" includes any title or

position in the Illinois Department of State Police that

is held by an individual employed under the Illinois State

Police Act.

(2) The term "fire fighter in the fire protection

service of a department" includes all officers in such

fire protection service including fire chiefs and

assistant fire chiefs.

(3) The term "air pilot" includes any employee whose

official job description on file in the Department of

Central Management Services, or in the department by which

he is employed if that department is not covered by the

Personnel Code, states that his principal duty is the

operation of aircraft, and who possesses a pilot's

license; however, the change in this definition made by

this amendatory Act of 1983 shall not operate to exclude

any noncovered employee who was an "air pilot" for the

purposes of this Section on January 1, 1984.

(4) The term "special agent" means any person who by

reason of employment by the Division of Narcotic Control,

the Bureau of Investigation or, after July 1, 1977, the

Division of Criminal Investigation, the Division of

Internal Investigation, the Division of Operations, the

Division of Patrol Operations, or any other Division or

organizational entity in the Illinois Department of State

Police is vested by law with duties to maintain public

order, investigate violations of the criminal law of this

State, enforce the laws of this State, make arrests and

recover property. The term "special agent" includes any

title or position in the Illinois Department of State

Police that is held by an individual employed under the

Illinois State Police Act.

(5) The term "investigator for the Secretary of State"

means any person employed by the Office of the Secretary

of State and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

A person who became employed as an investigator for

the Secretary of State between January 1, 1967 and

December 31, 1975, and who has served as such until

attainment of age 60, either continuously or with a single

break in service of not more than 3 years duration, which

break terminated before January 1, 1976, shall be entitled

to have his retirement annuity calculated in accordance

with subsection (a), notwithstanding that he has less than

20 years of credit for such service.

(6) The term "Conservation Police Officer" means any

person employed by the Division of Law Enforcement of the

Department of Natural Resources and vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The

term "Conservation Police Officer" includes the positions

of Chief Conservation Police Administrator and Assistant

Conservation Police Administrator.

(7) The term "investigator for the Department of

Revenue" means any person employed by the Department of

Revenue and vested with such investigative duties as

render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act.

The term "investigator for the Illinois Gaming Board"

means any person employed as such by the Illinois Gaming

Board and vested with such peace officer duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act.

(8) The term "security employee of the Department of

Human Services" means any person employed by the

Department of Human Services who (i) is employed at the

Chester Mental Health Center and has daily contact with

the residents thereof, (ii) is employed within a security

unit at a facility operated by the Department and has

daily contact with the residents of the security unit,

(iii) is employed at a facility operated by the Department

that includes a security unit and is regularly scheduled

to work at least 50% of his or her working hours within

that security unit, or (iv) is a mental health police

officer. "Mental health police officer" means any person

employed by the Department of Human Services in a position

pertaining to the Department's mental health and

developmental disabilities functions who is vested with

such law enforcement duties as render the person

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D) and

218(l)(1) of that Act. "Security unit" means that portion

of a facility that is devoted to the care, containment,

and treatment of persons committed to the Department of

Human Services as sexually violent persons, persons unfit

to stand trial, or persons not guilty by reason of

insanity. With respect to past employment, references to

the Department of Human Services include its predecessor,

the Department of Mental Health and Developmental

Disabilities.

The changes made to this subdivision (c)(8) by Public

Act 92-14 apply to persons who retire on or after January

1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police

officer" means any person employed by the Department of

Central Management Services who is vested with such law

enforcement duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.

(10) For a member who first became an employee under

this Article before July 1, 2005, the term "security

employee of the Department of Corrections or the

Department of Juvenile Justice" means any employee of the

Department of Corrections or the Department of Juvenile

Justice or the former Department of Personnel, and any

member or employee of the Prisoner Review Board, who has

daily contact with inmates or youth by working within a

correctional facility or Juvenile facility operated by the

Department of Juvenile Justice or who is a parole officer

or an employee who has direct contact with committed

persons in the performance of his or her job duties. For a

member who first becomes an employee under this Article on

or after July 1, 2005, the term means an employee of the

Department of Corrections or the Department of Juvenile

Justice who is any of the following: (i) officially

headquartered at a correctional facility or Juvenile

facility operated by the Department of Juvenile Justice,

(ii) a parole officer, (iii) a member of the apprehension

unit, (iv) a member of the intelligence unit, (v) a member

of the sort team, or (vi) an investigator.

(11) The term "dangerous drugs investigator" means any

person who is employed as such by the Department of Human

Services.

(12) The term "investigator for the Illinois

Department of State Police" means a person employed by the

Illinois Department of State Police who is vested under

Section 4 of the Narcotic Control Division Abolition Act

with such law enforcement powers as render him ineligible

for coverage under the Social Security Act by reason of

Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that

Act.

(13) "Investigator for the Office of the Attorney

General" means any person who is employed as such by the

Office of the Attorney General and is vested with such

investigative duties as render him ineligible for coverage

under the Social Security Act by reason of Sections

218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For

the period before January 1, 1989, the term includes all

persons who were employed as investigators by the Office

of the Attorney General, without regard to social security

status.

(14) "Controlled substance inspector" means any person

who is employed as such by the Department of Professional

Regulation and is vested with such law enforcement duties

as render him ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act. The term

"controlled substance inspector" includes the Program

Executive of Enforcement and the Assistant Program

Executive of Enforcement.

(15) The term "investigator for the Office of the

State's Attorneys Appellate Prosecutor" means a person

employed in that capacity on a full time basis under the

authority of Section 7.06 of the State's Attorneys

Appellate Prosecutor's Act.

(16) "Commerce Commission police officer" means any

person employed by the Illinois Commerce Commission who is

vested with such law enforcement duties as render him

ineligible for coverage under the Social Security Act by

reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

218(l)(1) of that Act.

(17) "Arson investigator" means any person who is

employed as such by the Office of the State Fire Marshal

and is vested with such law enforcement duties as render

the person ineligible for coverage under the Social

Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D), and 218(l)(1) of that Act. A person who was

employed as an arson investigator on January 1, 1995 and

is no longer in service but not yet receiving a retirement

annuity may convert his or her creditable service for

employment as an arson investigator into eligible

creditable service by paying to the System the difference

between the employee contributions actually paid for that

service and the amounts that would have been contributed

if the applicant were contributing at the rate applicable

to persons with the same social security status earning

eligible creditable service on the date of application.

(18) The term "State highway maintenance worker" means

a person who is either of the following:

(i) A person employed on a full-time basis by the

Illinois Department of Transportation in the position

of highway maintainer, highway maintenance lead

worker, highway maintenance lead/lead worker, heavy

construction equipment operator, power shovel

operator, or bridge mechanic; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the highways that

form a part of the State highway system in serviceable

condition for vehicular traffic.

(ii) A person employed on a full-time basis by the

Illinois State Toll Highway Authority in the position

of equipment operator/laborer H-4, equipment

operator/laborer H-6, welder H-4, welder H-6,

mechanical/electrical H-4, mechanical/electrical H-6,

water/sewer H-4, water/sewer H-6, sign maker/hanger

H-4, sign maker/hanger H-6, roadway lighting H-4,

roadway lighting H-6, structural H-4, structural H-6,

painter H-4, or painter H-6; and whose principal

responsibility is to perform, on the roadway, the

actual maintenance necessary to keep the Authority's

tollways in serviceable condition for vehicular

traffic.

(19) The term "security employee of the Department of

Innovation and Technology" means a person who was a

security employee of the Department of Corrections or the

Department of Juvenile Justice, was transferred to the

Department of Innovation and Technology pursuant to

Executive Order 2016-01, and continues to perform similar

job functions under that Department.

(20) "Transferred employee" means an employee who was

transferred to the Department of Central Management

Services by Executive Order No. 2003-10 or Executive Order

No. 2004-2 or transferred to the Department of Innovation

and Technology by Executive Order No. 2016-1, or both, and

was entitled to eligible creditable service for services

immediately preceding the transfer.

(d) A security employee of the Department of Corrections

or the Department of Juvenile Justice, a security employee of

the Department of Human Services who is not a mental health

police officer, and a security employee of the Department of

Innovation and Technology shall not be eligible for the

alternative retirement annuity provided by this Section unless

he or she meets the following minimum age and service

requirements at the time of retirement:

(i) 25 years of eligible creditable service and age

55; or

(ii) beginning January 1, 1987, 25 years of eligible

creditable service and age 54, or 24 years of eligible

creditable service and age 55; or

(iii) beginning January 1, 1988, 25 years of eligible

creditable service and age 53, or 23 years of eligible

creditable service and age 55; or

(iv) beginning January 1, 1989, 25 years of eligible

creditable service and age 52, or 22 years of eligible

creditable service and age 55; or

(v) beginning January 1, 1990, 25 years of eligible

creditable service and age 51, or 21 years of eligible

creditable service and age 55; or

(vi) beginning January 1, 1991, 25 years of eligible

creditable service and age 50, or 20 years of eligible

creditable service and age 55.

Persons who have service credit under Article 16 of this

Code for service as a security employee of the Department of

Corrections or the Department of Juvenile Justice, or the

Department of Human Services in a position requiring

certification as a teacher may count such service toward

establishing their eligibility under the service requirements

of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of

increasing or calculating any benefit.

(e) If a member enters military service while working in a

position in which eligible creditable service may be earned,

and returns to State service in the same or another such

position, and fulfills in all other respects the conditions

prescribed in this Article for credit for military service,

such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed

in this Section.

(f) For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before October 1, 1975 as a covered employee in the

position of special agent, conservation police officer, mental

health police officer, or investigator for the Secretary of

State, shall be deemed to have been service as a noncovered

employee, provided that the employee pays to the System prior

to retirement an amount equal to (1) the difference between

the employee contributions that would have been required for

such service as a noncovered employee, and the amount of

employee contributions actually paid, plus (2) if payment is

made after July 31, 1987, regular interest on the amount

specified in item (1) from the date of service to the date of

payment.

For purposes of calculating retirement annuities under

this Section, periods of service rendered after December 31,

1968 and before January 1, 1982 as a covered employee in the

position of investigator for the Department of Revenue shall

be deemed to have been service as a noncovered employee,

provided that the employee pays to the System prior to

retirement an amount equal to (1) the difference between the

employee contributions that would have been required for such

service as a noncovered employee, and the amount of employee

contributions actually paid, plus (2) if payment is made after

January 1, 1990, regular interest on the amount specified in

item (1) from the date of service to the date of payment.

(g) A State policeman may elect, not later than January 1,

1990, to establish eligible creditable service for up to 10

years of his service as a policeman under Article 3, by filing

a written election with the Board, accompanied by payment of

an amount to be determined by the Board, equal to (i) the

difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), a State

policeman may elect, not later than July 1, 1993, to establish

eligible creditable service for up to 10 years of his service

as a member of the County Police Department under Article 9, by

filing a written election with the Board, accompanied by

payment of an amount to be determined by the Board, equal to

(i) the difference between the amount of employee and employer

contributions transferred to the System under Section 9-121.10

and the amounts that would have been contributed had those

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(h) Subject to the limitation in subsection (i), a State

policeman or investigator for the Secretary of State may elect

to establish eligible creditable service for up to 12 years of

his service as a policeman under Article 5, by filing a written

election with the Board on or before January 31, 1992, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 5-236, and the amounts that would

have been contributed had such contributions been made at the

rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 10 years of service as a sheriff's

law enforcement employee under Article 7, by filing a written

election with the Board on or before January 31, 1993, and

paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between

the amount of employee and employer contributions transferred

to the System under Section 7-139.7, and the amounts that

would have been contributed had such contributions been made

at the rates applicable to State policemen, plus (ii) interest

thereon at the effective rate for each year, compounded

annually, from the date of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, or investigator for

the Secretary of State may elect to establish eligible

creditable service for up to 5 years of service as a police

officer under Article 3, a policeman under Article 5, a

sheriff's law enforcement employee under Article 7, a member

of the county police department under Article 9, or a police

officer under Article 15 by filing a written election with the

Board and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General, or an

investigator for the Department of Revenue, may elect to

establish eligible creditable service for up to 5 years of

service as a police officer under Article 3, a policeman under

Article 5, a sheriff's law enforcement employee under Article

7, or a member of the county police department under Article 9

by filing a written election with the Board within 6 months

after August 25, 2009 (the effective date of Public Act

96-745) and paying to the System an amount to be determined by

the Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (ii) interest thereon at the actuarially

assumed rate for each year, compounded annually, from the date

of service to the date of payment.

Subject to the limitation in subsection (i), a State

policeman, conservation police officer, investigator for the

Office of the Attorney General, an investigator for the

Department of Revenue, or investigator for the Secretary of

State may elect to establish eligible creditable service for

up to 5 years of service as a person employed by a

participating municipality to perform police duties, or law

enforcement officer employed on a full-time basis by a forest

preserve district under Article 7, a county corrections

officer, or a court services officer under Article 9, by

filing a written election with the Board within 6 months after

August 25, 2009 (the effective date of Public Act 96-745) and

paying to the System an amount to be determined by the Board,

equal to (i) the difference between the amount of employee and

employer contributions transferred to the System under

Sections 7-139.8 and 9-121.10 and the amounts that would have

been contributed had such contributions been made at the rates

applicable to State policemen, plus (ii) interest thereon at

the actuarially assumed rate for each year, compounded

annually, from the date of service to the date of payment.

(i) The total amount of eligible creditable service

established by any person under subsections (g), (h), (j),

(k), (l), (l-5), and (o) of this Section shall not exceed 12

years.

(j) Subject to the limitation in subsection (i), an

investigator for the Office of the State's Attorneys Appellate

Prosecutor or a controlled substance inspector may elect to

establish eligible creditable service for up to 10 years of

his service as a policeman under Article 3 or a sheriff's law

enforcement employee under Article 7, by filing a written

election with the Board, accompanied by payment of an amount

to be determined by the Board, equal to (1) the difference

between the amount of employee and employer contributions

transferred to the System under Section 3-110.6 or 7-139.8,

and the amounts that would have been contributed had such

contributions been made at the rates applicable to State

policemen, plus (2) interest thereon at the effective rate for

each year, compounded annually, from the date of service to

the date of payment.

(k) Subject to the limitation in subsection (i) of this

Section, an alternative formula employee may elect to

establish eligible creditable service for periods spent as a

full-time law enforcement officer or full-time corrections

officer employed by the federal government or by a state or

local government located outside of Illinois, for which credit

is not held in any other public employee pension fund or

retirement system. To obtain this credit, the applicant must

file a written application with the Board by March 31, 1998,

accompanied by evidence of eligibility acceptable to the Board

and payment of an amount to be determined by the Board, equal

to (1) employee contributions for the credit being

established, based upon the applicant's salary on the first

day as an alternative formula employee after the employment

for which credit is being established and the rates then

applicable to alternative formula employees, plus (2) an

amount determined by the Board to be the employer's normal

cost of the benefits accrued for the credit being established,

plus (3) regular interest on the amounts in items (1) and (2)

from the first day as an alternative formula employee after

the employment for which credit is being established to the

date of payment.

(l) Subject to the limitation in subsection (i), a

security employee of the Department of Corrections may elect,

not later than July 1, 1998, to establish eligible creditable

service for up to 10 years of his or her service as a policeman

under Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the

Board, equal to (i) the difference between the amount of

employee and employer contributions transferred to the System

under Section 3-110.5, and the amounts that would have been

contributed had such contributions been made at the rates

applicable to security employees of the Department of

Corrections, plus (ii) interest thereon at the effective rate

for each year, compounded annually, from the date of service

to the date of payment.

(l-5) Subject to the limitation in subsection (i) of this

Section, a State policeman may elect to establish eligible

creditable service for up to 5 years of service as a full-time

law enforcement officer employed by the federal government or

by a state or local government located outside of Illinois for

which credit is not held in any other public employee pension

fund or retirement system. To obtain this credit, the

applicant must file a written application with the Board no

later than 3 years after the effective date of this amendatory

Act of the 101st General Assembly, accompanied by evidence of

eligibility acceptable to the Board and payment of an amount

to be determined by the Board, equal to (1) employee

contributions for the credit being established, based upon the

applicant's salary on the first day as an alternative formula

employee after the employment for which credit is being

established and the rates then applicable to alternative

formula employees, plus (2) an amount determined by the Board

to be the employer's normal cost of the benefits accrued for

the credit being established, plus (3) regular interest on the

amounts in items (1) and (2) from the first day as an

alternative formula employee after the employment for which

credit is being established to the date of payment.

(m) The amendatory changes to this Section made by this

amendatory Act of the 94th General Assembly apply only to: (1)

security employees of the Department of Juvenile Justice

employed by the Department of Corrections before the effective

date of this amendatory Act of the 94th General Assembly and

transferred to the Department of Juvenile Justice by this

amendatory Act of the 94th General Assembly; and (2) persons

employed by the Department of Juvenile Justice on or after the

effective date of this amendatory Act of the 94th General

Assembly who are required by subsection (b) of Section

3-2.5-15 of the Unified Code of Corrections to have any

bachelor's or advanced degree from an accredited college or

university or, in the case of persons who provide vocational

training, who are required to have adequate knowledge in the

skill for which they are providing the vocational training.

(n) A person employed in a position under subsection (b)

of this Section who has purchased service credit under

subsection (j) of Section 14-104 or subsection (b) of Section

14-105 in any other capacity under this Article may convert up

to 5 years of that service credit into service credit covered

under this Section by paying to the Fund an amount equal to (1)

the additional employee contribution required under Section

14-133, plus (2) the additional employer contribution required

under Section 14-131, plus (3) interest on items (1) and (2) at

the actuarially assumed rate from the date of the service to

the date of payment.

(o) Subject to the limitation in subsection (i), a

conservation police officer, investigator for the Secretary of

State, Commerce Commission police officer, investigator for

the Department of Revenue or the Illinois Gaming Board, or

arson investigator subject to subsection (g) of Section 1-160

may elect to convert up to 8 years of service credit

established before the effective date of this amendatory Act

of the 101st General Assembly as a conservation police

officer, investigator for the Secretary of State, Commerce

Commission police officer, investigator for the Department of

Revenue or the Illinois Gaming Board, or arson investigator

under this Article into eligible creditable service by filing

a written election with the Board no later than one year after

the effective date of this amendatory Act of the 101st General

Assembly, accompanied by payment of an amount to be determined

by the Board equal to (i) the difference between the amount of

the employee contributions actually paid for that service and

the amount of the employee contributions that would have been

paid had the employee contributions been made as a noncovered

employee serving in a position in which eligible creditable

service, as defined in this Section, may be earned, plus (ii)

interest thereon at the effective rate for each year,

compounded annually, from the date of service to the date of

payment.

(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;

101-610, eff. 1-1-20.)

(40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)

Sec. 14-123.1. Temporary disability benefit.

(a) A member who has at least 18 months of creditable

service and who becomes physically or mentally incapacitated

to perform the duties of his position shall receive a

temporary disability benefit, provided that:

(1) the agency responsible for determining the

liability of the State (i) has formally denied all

employer-paid temporary total disability benefits under

the Workers' Compensation Act or the Workers' Occupational

Diseases Act and an appeal of that denial is pending

before the Illinois Workers' Compensation Commission, or

(ii) has granted and then terminated for any reason an

employer-paid temporary total disability benefit and the

member has filed a petition for a hearing under Section

19(b) or Section 19(b-1) of the Workers' Compensation Act

or Section 19(b) or Section 19(b-1) of the Workers'

Occupational Diseases Act;

(2) application is made after the date that the

disability results in loss of pay, and after the date the

agency responsible for determining the liability of the

State under the Workers' Compensation Act or Workers'

Occupational Diseases Act has formally denied or

terminated the employer-paid temporary total disability

benefit; and

(3) proper proof is received from one or more licensed

health care professionals designated by the Board

certifying that the member is mentally or physically

incapacitated.

(b) In the case of a denial of benefits, the temporary

disability benefit shall begin to accrue on the 31st day of

absence from work on account of disability, but the benefit

shall not become actually payable to the member until the

expiration of 31 days from the day upon which the member last

received or had a right to receive any compensation.

In the case of termination of an employer-paid temporary

total disability benefit, the temporary disability benefit

under this Section shall be calculated from the day following

the date of termination of the employer-paid benefit or the

31st day of absence from work on account of disability,

whichever is later, but shall not become payable to the member

until (i) the member's right to an employer-paid temporary

total disability benefit is denied as a result of the hearing

held under Section 19(b) or Section 19(b-1) of the Workers'

Compensation Act or Section 19(b) or Section 19(b-1) of the

Workers' Occupational Diseases Act or (ii) the expiration of

30 days from the date of termination of the employer-paid

benefit, whichever occurs first. If a terminated employer-paid

temporary total disability benefit is resumed or replaced with

another employer-paid disability benefit and the resumed or

replacement benefit is later terminated and the member again

files a petition for a hearing under Section 19(b) or Section

19(b-1) of the Workers' Compensation Act or Section 19(b) or

Section 19(b-1) of the Workers' Occupational Diseases Act, the

member may again become eligible to receive a temporary

disability benefit under this Section. The waiting period

before the temporary disability benefit under this Section

becomes payable applies each time that the benefit is

reinstated.

The benefit shall continue to accrue until the first of

the following events occurs:

(1) the disability ceases;

(2) the member engages in gainful employment;

(3) the end of the month in which the member attains

age 65, in the case of benefits commencing prior to

attainment of age 60;

(4) the end of the month following the fifth

anniversary of the effective date of the benefit in the

case of benefits commencing on or after attainment of age

60;

(5) the end of the month in which the death of the

member occurs;

(6) the end of the month in which the aggregate period

for which temporary disability payments have been made

becomes equal to 1/2 of the member's total period of

creditable service, not including the time for which he

has received a temporary disability benefit or

nonoccupational disability benefit; for purposes of this

item (6) only, in the case of a member to whom Section

14-108.2a or 14-108.2b applies and who, at the time

disability commences, is performing services for the

Illinois Department of Public Health or the Illinois

Department of State Police relating to the transferred

functions referred to in that Section and has less than 10

years of creditable service under this Article, the

member's "total period of creditable service" shall be

augmented by an amount equal to (i) one half of the

member's period of creditable service in the Fund

established under Article 8 (excluding any creditable

service over 20 years), minus (ii) the amount of the

member's creditable service under this Article;

(7) a payment is made on the member's claim pursuant

to a determination made by the agency responsible for

determining the liability of the State under the Workers'

Compensation Act or the Workers' Occupational Diseases

Act;

(8) a final determination is made on the member's

claim by the Illinois Workers' Compensation Commission.

(c) The temporary disability benefit shall be 50% of the

member's final average compensation at the date of disability.

If a covered employee is eligible under the Social

Security Act for a disability benefit before attaining the

Social Security full retirement age, or a retirement benefit

on or after attaining the Social Security full retirement age,

then the amount of the member's temporary disability benefit

shall be reduced by the amount of primary benefit the member is

eligible to receive under the Social Security Act, whether or

not such eligibility came about as the result of service as a

covered employee under this Article. The Board may make such

reduction pending a determination of eligibility if it appears

that the employee may be so eligible, and shall make an

appropriate adjustment if necessary after such determination

has been made. The amount of temporary disability benefit

payable under this Article shall not be reduced by reason of

any increase in benefits payable under the Social Security Act

which occurs after the reduction required by this paragraph

has been applied. As used in this subsection, "Social Security

full retirement age" means the age at which an individual is

eligible to receive full Social Security retirement benefits.

(d) The temporary disability benefit provided under this

Section is intended as a temporary payment of occupational or

nonoccupational disability benefit, whichever is appropriate,

in cases in which the occupational or nonoccupational

character of the disability has not been finally determined.

When an employer-paid disability benefit is paid or

resumed, the Board shall calculate the benefit that is payable

under Section 14-123 and shall deduct from the benefit payable

under Section 14-123 the amounts already paid under this

Section; those amounts shall then be treated as if they had

been paid under Section 14-123.

When a final determination of the character of the

disability has been made by the Illinois Workers' Compensation

Commission, or by settlement between the parties to the

disputed claim, the Board shall calculate the benefit that is

payable under Section 14-123 or 14-124, whichever is

applicable, and shall deduct from such benefit the amounts

already paid under this Section; such amounts shall then be

treated as if they had been paid under such Section 14-123 or

14-124.

(e) Any excess benefits paid under this Section shall be

subject to recovery by the System from benefits payable under

the Workers' Compensation Act or the Workers' Occupational

Diseases Act or from third parties as provided in Section

14-129, or from any other benefits payable either to the

member or on his behalf under this Article. A member who

accepts benefits under this Section acknowledges and

authorizes these recovery rights of the System.

(f) Service credits under the State Universities

Retirement System and the Teachers' Retirement System of the

State of Illinois shall be considered for the purposes of

determining temporary disability benefit eligibility under

this Section, and for determining the total period of time for

which such benefits are payable.

(g) The Board shall prescribe rules and regulations

governing the filing of claims for temporary disability

benefits, and the investigation, control and supervision of

such claims.

(h) References in this Section to employer-paid benefits

include benefits paid for by the State, either directly or

through a program of insurance or self-insurance, whether paid

through the member's own department or through some other

department or entity; but the term does not include benefits

paid by the System under this Article.

(Source: P.A. 101-54, eff. 7-12-19.)

(40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)

Sec. 14-124. Nonoccupational disability benefit. A member

with at least 1 1/2 years of creditable service may be granted

a nonoccupational disability benefit, if:

(1) application for the benefit is made to the system

by the member in writing after the commencement of

disability;

(2) the member is found upon medical examination to be

mentally or physically incapacitated to perform the duties

of the member's position;

(3) the disability resulted from a cause other than an

injury or illness sustained in connection with the

member's performance of duty as a State employee;

(4) the member has been granted a leave of absence for

disability at the time of commencement of disability.

Renewal of a disability leave of absence shall not be

required for the continued payment of benefits; and

(5) the member has used all accumulated sick leave

available at the beginning of the leave of absence for

disability.

The benefit shall begin to accrue on the latest of (i) the

31st day of absence from work on account of disability

(including any periods of such absence for which sick pay was

received); or (ii) the day following the day on which the

member last receives or has a right to receive any

compensation as an employee, including any sick pay. The

benefit shall continue to accrue until the first of the

following to occur:

(a) the date on which disability ceases;

(b) the end of the month in which the member attains

age 65 in the case of benefits commencing prior to

attainment of age 60;

(c) the end of the month following the fifth

anniversary of the effective date of the benefit, or of

the temporary disability benefit if one was received, in

the case of benefits commencing on or after attainment of

age 60;

(d) the end of the month in which the aggregate period

for which non-occupational disability and temporary

disability benefit payments have been made becomes equal

to 1/2 of the member's total period of creditable service,

not including the time during which he has received a

temporary disability benefit or nonoccupational disability

benefit; for purposes of this item (d) only, in the case of

a member to whom Section 14-108.2a or 14-108.2b applies

and who, at the time disability commences, is performing

services for the Illinois Department of Public Health or

the Illinois Department of State Police relating to the

transferred functions referred to in that Section and has

less than 10 years of creditable service under this

Article, the member's "total period of creditable service"

shall be augmented by an amount equal to (i) one half of

the member's period of creditable service in the Fund

established under Article 8 (excluding any creditable

service over 20 years), minus (ii) the amount of the

member's creditable service under this Article;

(e) the date on which the member engages in gainful

employment;

(f) the end of the month in which the death of the

member occurs.

If disability has ceased and the member again becomes

disabled within 60 days from date of resumption of State

employment, and if the disability is due to the same cause for

which he received nonoccupational disability benefit

immediately preceding such reentry into service, the 30 days

waiting period prescribed for the receipt of benefits is

waived as to such new period of disability.

A member shall be considered disabled only when the board

has received:

(a) a written certificate by one or more licensed

health care professionals designated by the board,

certifying that the member is disabled and unable properly

to perform the duties of his position at the time of

disability; and

(b) the employee certifies that he is not and has not

been engaged in gainful employment.

The board shall prescribe rules and regulations governing

the filing of claims for nonoccupational disability benefits,

and the investigation, control and supervision of such claims.

Service credits under the State Universities Retirement

System and the Teachers' Retirement System of the State of

Illinois shall be considered for the purposes of

nonoccupational disability benefit eligibility under this

Article and for the total period of time for which such

benefits are payable.

(Source: P.A. 101-54, eff. 7-12-19.)

Section 385. The State Pension Funds Continuing

Appropriation Act is amended by changing Section 1.2 as

follows:

(40 ILCS 15/1.2)

Sec. 1.2. Appropriations for the State Employees'

Retirement System.

(a) From each fund from which an amount is appropriated

for personal services to a department or other employer under

Article 14 of the Illinois Pension Code, there is hereby

appropriated to that department or other employer, on a

continuing annual basis for each State fiscal year, an

additional amount equal to the amount, if any, by which (1) an

amount equal to the percentage of the personal services line

item for that department or employer from that fund for that

fiscal year that the Board of Trustees of the State Employees'

Retirement System of Illinois has certified under Section

14-135.08 of the Illinois Pension Code to be necessary to meet

the State's obligation under Section 14-131 of the Illinois

Pension Code for that fiscal year, exceeds (2) the amounts

otherwise appropriated to that department or employer from

that fund for State contributions to the State Employees'

Retirement System for that fiscal year.

(a-1) (Blank).

(a-2) (Blank).

(a-3) (Blank).

(a-4) If a Prior Fiscal Year Shortfall is certified under

subsection (k) of Section 14-131 of the Illinois Pension Code,

there is hereby appropriated to the State Employees'

Retirement System of Illinois on a continuing basis from the

General Revenue Fund an additional aggregate amount equal to

the Prior Fiscal Year Shortfall.

(b) The continuing appropriations provided for by this

Section shall first be available in State fiscal year 1996.

(c) Beginning in Fiscal Year 2005, any continuing

appropriation under this Section arising out of an

appropriation for personal services from the Road Fund to the

Illinois Department of State Police or the Secretary of State

shall be payable from the General Revenue Fund rather than the

Road Fund.

(d) (Blank).

(e) (Blank).

(f) (Blank).

(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

101-10, eff. 6-5-19.)

Section 390. The Illinois Police Training Act is amended

by changing Sections 3, 6.1, 9, 10.10, 10.19, and 10.21 as

follows:

(50 ILCS 705/3) (from Ch. 85, par. 503)

Sec. 3. Board - composition - appointments - tenure -

vacancies. The Board shall be composed of 18 members selected

as follows: The Attorney General of the State of Illinois, the

Director of the Illinois State Police, the Director of

Corrections, the Superintendent of the Chicago Police

Department, the Sheriff of Cook County, the Clerk of the

Circuit Court of Cook County, and the following to be

appointed by the Governor: 2 mayors or village presidents of

Illinois municipalities, 2 Illinois county sheriffs from

counties other than Cook County, 2 managers of Illinois

municipalities, 2 chiefs of municipal police departments in

Illinois having no Superintendent of the Police Department on

the Board, 2 citizens of Illinois who shall be members of an

organized enforcement officers' association, one active member

of a statewide association representing sheriffs, and one

active member of a statewide association representing

municipal police chiefs. The appointments of the Governor

shall be made on the first Monday of August in 1965 with 3 of

the appointments to be for a period of one year, 3 for 2 years,

and 3 for 3 years. Their successors shall be appointed in like

manner for terms to expire the first Monday of August each 3

years thereafter. All members shall serve until their

respective successors are appointed and qualify. Vacancies

shall be filled by the Governor for the unexpired terms.

(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)

(50 ILCS 705/6.1)

Sec. 6.1. Decertification of full-time and part-time

police officers.

(a) The Board must review police officer conduct and

records to ensure that no police officer is certified or

provided a valid waiver if that police officer has been

convicted of, or entered a plea of guilty to, a felony offense

under the laws of this State or any other state which if

committed in this State would be punishable as a felony. The

Board must also ensure that no police officer is certified or

provided a valid waiver if that police officer has been

convicted of, or entered a plea of guilty to, on or after the

effective date of this amendatory Act of 1999 of any

misdemeanor specified in this Section or if committed in any

other state would be an offense similar to Section 11-1.50,

11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,

17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the

Criminal Code of 1961 or the Criminal Code of 2012, to

subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

Criminal Code of 1961 or the Criminal Code of 2012, or

subsection (a) of Section 17-32 of the Criminal Code of 1961 or

the Criminal Code of 2012, or to Section 5 or 5.2 of the

Cannabis Control Act. The Board must appoint investigators to

enforce the duties conferred upon the Board by this Act.

(b) It is the responsibility of the sheriff or the chief

executive officer of every local law enforcement agency or

department within this State to report to the Board any

arrest, conviction, or plea of guilty of any officer for an

offense identified in this Section.

(c) It is the duty and responsibility of every full-time

and part-time police officer in this State to report to the

Board within 30 days, and the officer's sheriff or chief

executive officer, of his or her arrest, conviction, or plea

of guilty for an offense identified in this Section. Any

full-time or part-time police officer who knowingly makes,

submits, causes to be submitted, or files a false or

untruthful report to the Board must have his or her

certificate or waiver immediately decertified or revoked.

(d) Any person, or a local or State agency, or the Board is

immune from liability for submitting, disclosing, or releasing

information of arrests, convictions, or pleas of guilty in

this Section as long as the information is submitted,

disclosed, or released in good faith and without malice. The

Board has qualified immunity for the release of the

information.

(e) Any full-time or part-time police officer with a

certificate or waiver issued by the Board who is convicted of,

or entered a plea of guilty to, any offense described in this

Section immediately becomes decertified or no longer has a

valid waiver. The decertification and invalidity of waivers

occurs as a matter of law. Failure of a convicted person to

report to the Board his or her conviction as described in this

Section or any continued law enforcement practice after

receiving a conviction is a Class 4 felony.

(f) The Board's investigators are peace officers and have

all the powers possessed by policemen in cities and by

sheriff's, and these investigators may exercise those powers

anywhere in the State. An investigator shall not have peace

officer status or exercise police powers unless he or she

successfully completes the basic police training course

mandated and approved by the Board or the Board waives the

training requirement by reason of the investigator's prior law

enforcement experience, training, or both. The Board shall not

waive the training requirement unless the investigator has had

a minimum of 5 years experience as a sworn officer of a local,

State, or federal law enforcement agency.

(g) The Board must request and receive information and

assistance from any federal, state, or local governmental

agency as part of the authorized criminal background

investigation. The Illinois Department of State Police must

process, retain, and additionally provide and disseminate

information to the Board concerning criminal charges, arrests,

convictions, and their disposition, that have been filed

before, on, or after the effective date of this amendatory Act

of the 91st General Assembly against a basic academy

applicant, law enforcement applicant, or law enforcement

officer whose fingerprint identification cards are on file or

maintained by the Illinois Department of State Police. The

Federal Bureau of Investigation must provide the Board any

criminal history record information contained in its files

pertaining to law enforcement officers or any applicant to a

Board certified basic law enforcement academy as described in

this Act based on fingerprint identification. The Board must

make payment of fees to the Illinois Department of State

Police for each fingerprint card submission in conformance

with the requirements of paragraph 22 of Section 55a of the

Civil Administrative Code of Illinois.

(h) A police officer who has been certified or granted a

valid waiver shall also be decertified or have his or her

waiver revoked upon a determination by the Illinois Labor

Relations Board State Panel that he or she, while under oath,

has knowingly and willfully made false statements as to a

material fact going to an element of the offense of murder. If

an appeal is filed, the determination shall be stayed.

(1) In the case of an acquittal on a charge of murder,

a verified complaint may be filed:

(A) by the defendant; or

(B) by a police officer with personal knowledge of

perjured testimony.

The complaint must allege that a police officer, while

under oath, knowingly and willfully made false statements

as to a material fact going to an element of the offense of

murder. The verified complaint must be filed with the

Executive Director of the Illinois Law Enforcement

Training Standards Board within 2 years of the judgment of

acquittal.

(2) Within 30 days, the Executive Director of the

Illinois Law Enforcement Training Standards Board shall

review the verified complaint and determine whether the

verified complaint is frivolous and without merit, or

whether further investigation is warranted. The Illinois

Law Enforcement Training Standards Board shall notify the

officer and the Executive Director of the Illinois Labor

Relations Board State Panel of the filing of the complaint

and any action taken thereon. If the Executive Director of

the Illinois Law Enforcement Training Standards Board

determines that the verified complaint is frivolous and

without merit, it shall be dismissed. The Executive

Director of the Illinois Law Enforcement Training

Standards Board has sole discretion to make this

determination and this decision is not subject to appeal.

(i) If the Executive Director of the Illinois Law

Enforcement Training Standards Board determines that the

verified complaint warrants further investigation, he or she

shall refer the matter to a task force of investigators

created for this purpose. This task force shall consist of 8

sworn police officers: 2 from the Illinois State Police, 2

from the City of Chicago Police Department, 2 from county

police departments, and 2 from municipal police departments.

These investigators shall have a minimum of 5 years of

experience in conducting criminal investigations. The

investigators shall be appointed by the Executive Director of

the Illinois Law Enforcement Training Standards Board. Any

officer or officers acting in this capacity pursuant to this

statutory provision will have statewide police authority while

acting in this investigative capacity. Their salaries and

expenses for the time spent conducting investigations under

this paragraph shall be reimbursed by the Illinois Law

Enforcement Training Standards Board.

(j) Once the Executive Director of the Illinois Law

Enforcement Training Standards Board has determined that an

investigation is warranted, the verified complaint shall be

assigned to an investigator or investigators. The investigator

or investigators shall conduct an investigation of the

verified complaint and shall write a report of his or her

findings. This report shall be submitted to the Executive

Director of the Illinois Labor Relations Board State Panel.

Within 30 days, the Executive Director of the Illinois

Labor Relations Board State Panel shall review the

investigative report and determine whether sufficient evidence

exists to conduct an evidentiary hearing on the verified

complaint. If the Executive Director of the Illinois Labor

Relations Board State Panel determines upon his or her review

of the investigatory report that a hearing should not be

conducted, the complaint shall be dismissed. This decision is

in the Executive Director's sole discretion, and this

dismissal may not be appealed.

If the Executive Director of the Illinois Labor Relations

Board State Panel determines that there is sufficient evidence

to warrant a hearing, a hearing shall be ordered on the

verified complaint, to be conducted by an administrative law

judge employed by the Illinois Labor Relations Board State

Panel. The Executive Director of the Illinois Labor Relations

Board State Panel shall inform the Executive Director of the

Illinois Law Enforcement Training Standards Board and the

person who filed the complaint of either the dismissal of the

complaint or the issuance of the complaint for hearing. The

Executive Director shall assign the complaint to the

administrative law judge within 30 days of the decision

granting a hearing.

(k) In the case of a finding of guilt on the offense of

murder, if a new trial is granted on direct appeal, or a state

post-conviction evidentiary hearing is ordered, based on a

claim that a police officer, under oath, knowingly and

willfully made false statements as to a material fact going to

an element of the offense of murder, the Illinois Labor

Relations Board State Panel shall hold a hearing to determine

whether the officer should be decertified if an interested

party requests such a hearing within 2 years of the court's

decision. The complaint shall be assigned to an administrative

law judge within 30 days so that a hearing can be scheduled.

At the hearing, the accused officer shall be afforded the

opportunity to:

(1) Be represented by counsel of his or her own

choosing;

(2) Be heard in his or her own defense;

(3) Produce evidence in his or her defense;

(4) Request that the Illinois Labor Relations Board

State Panel compel the attendance of witnesses and

production of related documents including but not limited

to court documents and records.

Once a case has been set for hearing, the verified

complaint shall be referred to the Department of Professional

Regulation. That office shall prosecute the verified complaint

at the hearing before the administrative law judge. The

Department of Professional Regulation shall have the

opportunity to produce evidence to support the verified

complaint and to request the Illinois Labor Relations Board

State Panel to compel the attendance of witnesses and the

production of related documents, including, but not limited

to, court documents and records. The Illinois Labor Relations

Board State Panel shall have the power to issue subpoenas

requiring the attendance of and testimony of witnesses and the

production of related documents including, but not limited to,

court documents and records and shall have the power to

administer oaths.

The administrative law judge shall have the responsibility

of receiving into evidence relevant testimony and documents,

including court records, to support or disprove the

allegations made by the person filing the verified complaint

and, at the close of the case, hear arguments. If the

administrative law judge finds that there is not clear and

convincing evidence to support the verified complaint that the

police officer has, while under oath, knowingly and willfully

made false statements as to a material fact going to an element

of the offense of murder, the administrative law judge shall

make a written recommendation of dismissal to the Illinois

Labor Relations Board State Panel. If the administrative law

judge finds that there is clear and convincing evidence that

the police officer has, while under oath, knowingly and

willfully made false statements as to a material fact that

goes to an element of the offense of murder, the

administrative law judge shall make a written recommendation

so concluding to the Illinois Labor Relations Board State

Panel. The hearings shall be transcribed. The Executive

Director of the Illinois Law Enforcement Training Standards

Board shall be informed of the administrative law judge's

recommended findings and decision and the Illinois Labor

Relations Board State Panel's subsequent review of the

recommendation.

(l) An officer named in any complaint filed pursuant to

this Act shall be indemnified for his or her reasonable

attorney's fees and costs by his or her employer. These fees

shall be paid in a regular and timely manner. The State, upon

application by the public employer, shall reimburse the public

employer for the accused officer's reasonable attorney's fees

and costs. At no time and under no circumstances will the

accused officer be required to pay his or her own reasonable

attorney's fees or costs.

(m) The accused officer shall not be placed on unpaid

status because of the filing or processing of the verified

complaint until there is a final non-appealable order

sustaining his or her guilt and his or her certification is

revoked. Nothing in this Act, however, restricts the public

employer from pursuing discipline against the officer in the

normal course and under procedures then in place.

(n) The Illinois Labor Relations Board State Panel shall

review the administrative law judge's recommended decision and

order and determine by a majority vote whether or not there was

clear and convincing evidence that the accused officer, while

under oath, knowingly and willfully made false statements as

to a material fact going to the offense of murder. Within 30

days of service of the administrative law judge's recommended

decision and order, the parties may file exceptions to the

recommended decision and order and briefs in support of their

exceptions with the Illinois Labor Relations Board State

Panel. The parties may file responses to the exceptions and

briefs in support of the responses no later than 15 days after

the service of the exceptions. If exceptions are filed by any

of the parties, the Illinois Labor Relations Board State Panel

shall review the matter and make a finding to uphold, vacate,

or modify the recommended decision and order. If the Illinois

Labor Relations Board State Panel concludes that there is

clear and convincing evidence that the accused officer, while

under oath, knowingly and willfully made false statements as

to a material fact going to an element of the offense murder,

the Illinois Labor Relations Board State Panel shall inform

the Illinois Law Enforcement Training Standards Board and the

Illinois Law Enforcement Training Standards Board shall revoke

the accused officer's certification. If the accused officer

appeals that determination to the Appellate Court, as provided

by this Act, he or she may petition the Appellate Court to stay

the revocation of his or her certification pending the court's

review of the matter.

(o) None of the Illinois Labor Relations Board State

Panel's findings or determinations shall set any precedent in

any of its decisions decided pursuant to the Illinois Public

Labor Relations Act by the Illinois Labor Relations Board

State Panel or the courts.

(p) A party aggrieved by the final order of the Illinois

Labor Relations Board State Panel may apply for and obtain

judicial review of an order of the Illinois Labor Relations

Board State Panel, in accordance with the provisions of the

Administrative Review Law, except that such judicial review

shall be afforded directly in the Appellate Court for the

district in which the accused officer resides. Any direct

appeal to the Appellate Court shall be filed within 35 days

from the date that a copy of the decision sought to be reviewed

was served upon the party affected by the decision.

(q) Interested parties. Only interested parties to the

criminal prosecution in which the police officer allegedly,

while under oath, knowingly and willfully made false

statements as to a material fact going to an element of the

offense of murder may file a verified complaint pursuant to

this Section. For purposes of this Section, "interested

parties" shall be limited to the defendant and any police

officer who has personal knowledge that the police officer who

is the subject of the complaint has, while under oath,

knowingly and willfully made false statements as to a material

fact going to an element of the offense of murder.

(r) Semi-annual reports. The Executive Director of the

Illinois Labor Relations Board shall submit semi-annual

reports to the Governor, President, and Minority Leader of the

Senate, and to the Speaker and Minority Leader of the House of

Representatives beginning on June 30, 2004, indicating:

(1) the number of verified complaints received since

the date of the last report;

(2) the number of investigations initiated since the

date of the last report;

(3) the number of investigations concluded since the

date of the last report;

(4) the number of investigations pending as of the

reporting date;

(5) the number of hearings held since the date of the

last report; and

(6) the number of officers decertified since the date

of the last report.

(Source: P.A. 101-187, eff. 1-1-20.)

(50 ILCS 705/9) (from Ch. 85, par. 509)

Sec. 9. A special fund is hereby established in the State

Treasury to be known as the Traffic and Criminal Conviction

Surcharge Fund. Moneys in this Fund shall be expended as

follows:

(1) a portion of the total amount deposited in the

Fund may be used, as appropriated by the General Assembly,

for the ordinary and contingent expenses of the Illinois

Law Enforcement Training Standards Board;

(2) a portion of the total amount deposited in the

Fund shall be appropriated for the reimbursement of local

governmental agencies participating in training programs

certified by the Board, in an amount equaling 1/2 of the

total sum paid by such agencies during the State's

previous fiscal year for mandated training for

probationary police officers or probationary county

corrections officers and for optional advanced and

specialized law enforcement or county corrections

training; these reimbursements may include the costs for

tuition at training schools, the salaries of trainees

while in schools, and the necessary travel and room and

board expenses for each trainee; if the appropriations

under this paragraph (2) are not sufficient to fully

reimburse the participating local governmental agencies,

the available funds shall be apportioned among such

agencies, with priority first given to repayment of the

costs of mandatory training given to law enforcement

officer or county corrections officer recruits, then to

repayment of costs of advanced or specialized training for

permanent police officers or permanent county corrections

officers;

(3) a portion of the total amount deposited in the

Fund may be used to fund the Intergovernmental Law

Enforcement Officer's In-Service Training Act, veto

overridden October 29, 1981, as now or hereafter amended,

at a rate and method to be determined by the board;

(4) a portion of the Fund also may be used by the

Illinois Department of State Police for expenses incurred

in the training of employees from any State, county or

municipal agency whose function includes enforcement of

criminal or traffic law;

(5) a portion of the Fund may be used by the Board to

fund grant-in-aid programs and services for the training

of employees from any county or municipal agency whose

functions include corrections or the enforcement of

criminal or traffic law;

(6) for fiscal years 2013 through 2017 only, a portion

of the Fund also may be used by the Department of State

Police to finance any of its lawful purposes or functions;

(7) a portion of the Fund may be used by the Board,

subject to appropriation, to administer grants to local

law enforcement agencies for the purpose of purchasing

bulletproof vests under the Law Enforcement Officer

Bulletproof Vest Act; and

(8) a portion of the Fund may be used by the Board to

create a law enforcement grant program available for units

of local government to fund crime prevention programs,

training, and interdiction efforts, including enforcement

and prevention efforts, relating to the illegal cannabis

market and driving under the influence of cannabis.

All payments from the Traffic and Criminal Conviction

Surcharge Fund shall be made each year from moneys

appropriated for the purposes specified in this Section. No

more than 50% of any appropriation under this Act shall be

spent in any city having a population of more than 500,000. The

State Comptroller and the State Treasurer shall from time to

time, at the direction of the Governor, transfer from the

Traffic and Criminal Conviction Surcharge Fund to the General

Revenue Fund in the State Treasury such amounts as the

Governor determines are in excess of the amounts required to

meet the obligations of the Traffic and Criminal Conviction

Surcharge Fund.

(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)

(50 ILCS 705/10.10)

Sec. 10.10. Training in child abduction and missing

endangered senior alert system.

(a) The Board shall conduct training programs for law

enforcement personnel of local governmental agencies in the

statewide coordinated child abduction alert system developed

under Section 2605-480 of the Illinois Department of State

Police Law of the Civil Administrative Code of Illinois and

the statewide coordinated missing endangered senior alert

system developed under Section 2605-375 of the Illinois

Department of State Police Law of the Civil Administrative

Code of Illinois.

(b) The Board shall conduct a training program for law

enforcement personnel of local governmental agencies in the

statewide Alzheimer's disease, other related dementia, or

other dementia-like cognitive impairment coordinated Silver

Search Awareness Program and toolkit developed under Section

2605-485 of the Illinois Department of State Police Law of the

Civil Administrative Code of Illinois. The Board shall adopt

written protocols and guidelines for the handling of missing

persons cases involving Alzheimer's disease, other related

dementia, or other dementia-like cognitive impairment based

upon protocols developed by the Silver Search Task Force in

conjunction with the Illinois Department of State Police on or

before July 1, 2016.

(Source: P.A. 99-322, eff. 1-1-16.)

(50 ILCS 705/10.19)

Sec. 10.19. Training; administration of epinephrine.

(a) This Section, along with Section 40 of the Illinois

State Police Act, may be referred to as the Annie LeGere Law.

(b) For purposes of this Section, "epinephrine

auto-injector" means a single-use device used for the

automatic injection of a pre-measured dose of epinephrine into

the human body prescribed in the name of a local governmental

agency.

(c) The Board shall conduct or approve an optional

advanced training program for police officers to recognize and

respond to anaphylaxis, including the administration of an

epinephrine auto-injector. The training must include, but is

not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an

allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known

allergy as well as an individual with a previously unknown

allergy;

(5) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by

the Board.

(d) A local governmental agency may authorize a police

officer who has completed an optional advanced training

program under subsection (c) to carry, administer, or assist

with the administration of epinephrine auto-injectors provided

by the local governmental agency whenever he or she is

performing official duties.

(e) A local governmental agency that authorizes its

officers to carry and administer epinephrine auto-injectors

under subsection (d) must establish a policy to control the

acquisition, storage, transportation, administration, and

disposal of epinephrine auto-injectors and to provide

continued training in the administration of epinephrine

auto-injectors.

(f) A physician, physician's assistant with prescriptive

authority, or advanced practice registered nurse with

prescriptive authority may provide a standing protocol or

prescription for epinephrine auto-injectors in the name of a

local governmental agency to be maintained for use when

necessary.

(g) When a police officer administers an epinephrine

auto-injector in good faith, the police officer and local

governmental agency, and its employees and agents, including a

physician, physician's assistant with prescriptive authority,

or advanced practice registered nurse with prescriptive

authority who provides a standing order or prescription for an

epinephrine auto-injector, incur no civil or professional

liability, except for willful and wanton conduct, as a result

of any injury or death arising from the use of an epinephrine

auto-injector.

(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;

100-648, eff. 7-31-18.)

(50 ILCS 705/10.21)

Sec. 10.21. Training; sexual assault and sexual abuse.

(a) The Illinois Law Enforcement Training Standards Board

shall conduct or approve training programs in trauma-informed

responses and investigations of sexual assault and sexual

abuse, which include, but is not limited to, the following:

(1) recognizing the symptoms of trauma;

(2) understanding the role trauma has played in a

victim's life;

(3) responding to the needs and concerns of a victim;

(4) delivering services in a compassionate, sensitive,

and nonjudgmental manner;

(5) interviewing techniques in accordance with the

curriculum standards in subsection (f) of this Section;

(6) understanding cultural perceptions and common

myths of sexual assault and sexual abuse;

(7) report writing techniques in accordance with the

curriculum standards in subsection (f) of this Section;

and

(8) recognizing special sensitivities of victims due

to: age, including those under the age of 13; gender; or

other qualifications.

(b) This training must be presented in all full and

part-time basic law enforcement academies on or before July 1,

2018.

(c) Agencies employing law enforcement officers must

present this training to all law enforcement officers within 3

years after January 1, 2017 (the effective date of Public Act

99-801) and must present in-service training on sexual assault

and sexual abuse response and report writing training

requirements every 3 years.

(d) Agencies employing law enforcement officers who

conduct sexual assault and sexual abuse investigations must

provide specialized training to these officers on sexual

assault and sexual abuse investigations within 2 years after

January 1, 2017 (the effective date of Public Act 99-801) and

must present in-service training on sexual assault and sexual

abuse investigations to these officers every 3 years.

(e) Instructors providing this training shall have

successfully completed training on evidence-based,

trauma-informed, victim-centered response to cases of sexual

assault and sexual abuse and have experience responding to

sexual assault and sexual abuse cases.

(f) The Board shall adopt rules, in consultation with the

Office of the Illinois Attorney General and the Illinois

Department of State Police, to determine the specific training

requirements for these courses, including, but not limited to,

the following:

(1) evidence-based curriculum standards for report

writing and immediate response to sexual assault and

sexual abuse, including trauma-informed, victim-centered,

age sensitive, interview techniques, which have been

demonstrated to minimize retraumatization, for

probationary police officers and all law enforcement

officers; and

(2) evidence-based curriculum standards for

trauma-informed, victim-centered, age sensitive

investigation and interviewing techniques, which have been

demonstrated to minimize retraumatization, for cases of

sexual assault and sexual abuse for law enforcement

officers who conduct sexual assault and sexual abuse

investigations.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;

100-910, eff. 1-1-19.)

Section 395. The Uniform Crime Reporting Act is amended by

changing Sections 5-5, 5-10, 5-12, 5-15, 5-20, and 5-30 as

follows:

(50 ILCS 709/5-5)

Sec. 5-5. Definitions. As used in this Act:

"Arrest-related death" means any death of an individual

while the individual's freedom to leave is restricted by a law

enforcement officer while the officer is on duty, or otherwise

acting within the scope of his or her employment, including

any death resulting from a motor vehicle accident, if the law

enforcement officer was engaged in direct action against the

individual or the individual's vehicle during the process of

apprehension. "Arrest-related death" does not include the

death of law enforcement personnel.

"Department" means the Department of State Police.

"Domestic crime" means any crime attempted or committed

between a victim and offender who have a domestic

relationship, both current and past.

"Hate crime" has the same meaning as defined under Section

12-7.1 of the Criminal Code of 2012.

"Law enforcement agency" means an agency of this State or

unit of local government which is vested by law or ordinance

with the duty to maintain public order and to enforce criminal

law or ordinances.

"Law enforcement officer" or "officer" means any officer,

agent, or employee of this State or a unit of local government

authorized by law or by a government agency to engage in or

supervise the prevention, detection, or investigation of any

violation of criminal law, or authorized by law to supervise

accused persons or sentenced criminal offenders.

(Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 709/5-10)

Sec. 5-10. Central repository of crime statistics. The

Illinois Department of State Police shall be a central

repository and custodian of crime statistics for the State and

shall have all the power necessary to carry out the purposes of

this Act, including the power to demand and receive

cooperation in the submission of crime statistics from all law

enforcement agencies. All data and information provided to the

Illinois State Police Department under this Act must be

provided in a manner and form prescribed by the Illinois State

Police Department. On an annual basis, the Illinois State

Police Department shall make available compilations of crime

statistics required to be reported by each law enforcement

agency.

(Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 709/5-12)

Sec. 5-12. Monthly reporting. All law enforcement agencies

shall submit to the Illinois Department of State Police on a

monthly basis the following:

(1) beginning January 1, 2016, a report on any

arrest-related death that shall include information

regarding the deceased, the officer, any weapon used by

the officer or the deceased, and the circumstances of the

incident. The Illinois State Police Department shall

submit on a quarterly basis all information collected

under this paragraph (1) to the Illinois Criminal Justice

Information Authority, contingent upon updated federal

guidelines regarding the Uniform Crime Reporting Program;

(2) beginning January 1, 2017, a report on any

instance when a law enforcement officer discharges his or

her firearm causing a non-fatal injury to a person, during

the performance of his or her official duties or in the

line of duty;

(3) a report of incident-based information on hate

crimes including information describing the offense,

location of the offense, type of victim, offender, and

bias motivation. If no hate crime incidents occurred

during a reporting month, the law enforcement agency must

submit a no incident record, as required by the Illinois

State Police Department;

(4) a report on any incident of an alleged commission

of a domestic crime, that shall include information

regarding the victim, offender, date and time of the

incident, any injury inflicted, any weapons involved in

the commission of the offense, and the relationship

between the victim and the offender;

(5) data on an index of offenses selected by the

Illinois State Police Department based on the seriousness

of the offense, frequency of occurrence of the offense,

and likelihood of being reported to law enforcement. The

data shall include the number of index crime offenses

committed and number of associated arrests; and

(6) data on offenses and incidents reported by schools

to local law enforcement. The data shall include offenses

defined as an attack against school personnel,

intimidation offenses, drug incidents, and incidents

involving weapons.

(Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 709/5-15)

Sec. 5-15. Supplemental homicide reporting. Beginning

July 1, 2016, each law enforcement agency shall submit to the

Illinois State Police Department incident-based information on

any criminal homicide. The data shall be provided quarterly by

law enforcement agencies containing information as specified

by the Illinois State Police Department.

(Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 709/5-20)

Sec. 5-20. Reporting compliance. The Illinois Department

of State Police shall annually report to the Illinois Law

Enforcement Training Standards Board any law enforcement

agency not in compliance with the reporting requirements under

this Act. A law enforcement agency's compliance with the

reporting requirements under this Act shall be a factor

considered by the Illinois Law Enforcement Training Standards

Board in awarding grant funding under the Law Enforcement

Camera Grant Act.

(Source: P.A. 99-352, eff. 1-1-16.)

(50 ILCS 709/5-30)

Sec. 5-30. Rulemaking authority. The Illinois State

Police Department is vested with the full power to adopt and

prescribe reasonable rules for the purpose of administering

the provisions of this Act and conditions under which all data

is collected.

(Source: P.A. 99-352, eff. 1-1-16.)

Section 400. The Missing Persons Identification Act is

amended by changing Sections 5, 10, 15, and 20 as follows:

(50 ILCS 722/5)

(Text of Section before amendment by P.A. 101-266)

Sec. 5. Missing person reports.

(a) Report acceptance. All law enforcement agencies shall

accept without delay any report of a missing person.

Acceptance of a missing person report filed in person may not

be refused on any ground. No law enforcement agency may refuse

to accept a missing person report:

(1) on the basis that the missing person is an adult;

(2) on the basis that the circumstances do not

indicate foul play;

(3) on the basis that the person has been missing for a

short period of time;

(4) on the basis that the person has been missing a

long period of time;

(5) on the basis that there is no indication that the

missing person was in the jurisdiction served by the law

enforcement agency at the time of the disappearance;

(6) on the basis that the circumstances suggest that

the disappearance may be voluntary;

(7) on the basis that the reporting individual does

not have personal knowledge of the facts;

(8) on the basis that the reporting individual cannot

provide all of the information requested by the law

enforcement agency;

(9) on the basis that the reporting individual lacks a

familial or other relationship with the missing person;

(9-5) on the basis of the missing person's mental

state or medical condition; or

(10) for any other reason.

(b) Manner of reporting. All law enforcement agencies

shall accept missing person reports in person. Law enforcement

agencies are encouraged to accept reports by phone or by

electronic or other media to the extent that such reporting is

consistent with law enforcement policies or practices.

(c) Contents of report. In accepting a report of a missing

person, the law enforcement agency shall attempt to gather

relevant information relating to the disappearance. The law

enforcement agency shall attempt to gather at the time of the

report information that shall include, but shall not be

limited to, the following:

(1) the name of the missing person, including

alternative names used;

(2) the missing person's date of birth;

(3) the missing person's identifying marks, such as

birthmarks, moles, tattoos, and scars;

(4) the missing person's height and weight;

(5) the missing person's gender;

(6) the missing person's race;

(7) the missing person's current hair color and true

or natural hair color;

(8) the missing person's eye color;

(9) the missing person's prosthetics, surgical

implants, or cosmetic implants;

(10) the missing person's physical anomalies;

(11) the missing person's blood type, if known;

(12) the missing person's driver's license number, if

known;

(13) the missing person's social security number, if

known;

(14) a photograph of the missing person; recent

photographs are preferable and the agency is encouraged to

attempt to ascertain the approximate date the photograph

was taken;

(15) a description of the clothing the missing person

was believed to be wearing;

(16) a description of items that might be with the

missing person, such as jewelry, accessories, and shoes or

boots;

(17) information on the missing person's electronic

communications devices, such as cellular telephone numbers

and e-mail addresses;

(18) the reasons why the reporting individual believes

that the person is missing;

(19) the name and location of the missing person's

school or employer, if known;

(20) the name and location of the missing person's

dentist or primary care physician or provider, or both, if

known;

(21) any circumstances that may indicate that the

disappearance was not voluntary;

(22) any circumstances that may indicate that the

missing person may be at risk of injury or death;

(23) a description of the possible means of

transportation of the missing person, including make,

model, color, license number, and Vehicle Identification

Number of a vehicle;

(24) any identifying information about a known or

possible abductor or person last seen with the missing

person, or both, including:

(A) name;

(B) a physical description;

(C) date of birth;

(D) identifying marks;

(E) the description of possible means of

transportation, including make, model, color, license

number, and Vehicle Identification Number of a

vehicle;

(F) known associates;

(25) any other information that may aid in locating

the missing person; and

(26) the date of last contact.

(d) Notification and follow up action.

(1) Notification. The law enforcement agency shall

notify the person making the report, a family member, or

other person in a position to assist the law enforcement

agency in its efforts to locate the missing person of the

following:

(A) general information about the handling of the

missing person case or about intended efforts in the

case to the extent that the law enforcement agency

determines that disclosure would not adversely affect

its ability to locate or protect the missing person or

to apprehend or prosecute any person criminally

involved in the disappearance;

(B) that the person should promptly contact the

law enforcement agency if the missing person remains

missing in order to provide additional information and

materials that will aid in locating the missing person

such as the missing person's credit cards, debit

cards, banking information, and cellular telephone

records; and

(C) that any DNA samples provided for the missing

person case are provided on a voluntary basis and will

be used solely to help locate or identify the missing

person and will not be used for any other purpose.

The law enforcement agency, upon acceptance of a

missing person report, shall inform the reporting citizen

of one of 2 resources, based upon the age of the missing

person. If the missing person is under 18 years of age,

contact information for the National Center for Missing

and Exploited Children shall be given. If the missing

person is age 18 or older, contact information for the

National Center for Missing Adults shall be given.

Agencies handling the remains of a missing person who

is deceased must notify the agency handling the missing

person's case. Documented efforts must be made to locate

family members of the deceased person to inform them of

the death and location of the remains of their family

member.

The law enforcement agency is encouraged to make

available informational materials, through publications or

electronic or other media, that advise the public about

how the information or materials identified in this

subsection are used to help locate or identify missing

persons.

(2) Follow up action. If the person identified in the

missing person report remains missing after 30 days, and

the additional information and materials specified below

have not been received, the law enforcement agency shall

attempt to obtain:

(A) DNA samples from family members or from the

missing person along with any needed documentation, or

both, including any consent forms, required for the

use of State or federal DNA databases, including, but

not limited to, the Local DNA Index System (LDIS),

State DNA Index System (SDIS), and National DNA Index

System (NDIS);

(B) an authorization to release dental or skeletal

x-rays of the missing person;

(C) any additional photographs of the missing

person that may aid the investigation or an

identification; the law enforcement agency is not

required to obtain written authorization before it

releases publicly any photograph that would aid in the

investigation or identification of the missing person;

(D) dental information and x-rays; and

(E) fingerprints.

(3) All DNA samples obtained in missing person cases

shall be immediately forwarded to the Illinois Department

of State Police for analysis. The Illinois Department of

State Police shall establish procedures for determining

how to prioritize analysis of the samples relating to

missing person cases.

(4) This subsection shall not be interpreted to

preclude a law enforcement agency from attempting to

obtain the materials identified in this subsection before

the expiration of the 30-day period.

(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)

(Text of Section after amendment by P.A. 101-266)

Sec. 5. Missing person reports.

(a) Report acceptance. All law enforcement agencies shall

accept without delay any report of a missing person and may

attempt to obtain a DNA sample from the missing person or a DNA

reference sample created from family members' DNA samples for

submission under paragraph (1) of subsection (c) of Section

10. Acceptance of a missing person report filed in person may

not be refused on any ground. No law enforcement agency may

refuse to accept a missing person report:

(1) on the basis that the missing person is an adult;

(2) on the basis that the circumstances do not

indicate foul play;

(3) on the basis that the person has been missing for a

short period of time;

(4) on the basis that the person has been missing a

long period of time;

(5) on the basis that there is no indication that the

missing person was in the jurisdiction served by the law

enforcement agency at the time of the disappearance;

(6) on the basis that the circumstances suggest that

the disappearance may be voluntary;

(7) on the basis that the reporting individual does

not have personal knowledge of the facts;

(8) on the basis that the reporting individual cannot

provide all of the information requested by the law

enforcement agency;

(9) on the basis that the reporting individual lacks a

familial or other relationship with the missing person;

(9-5) on the basis of the missing person's mental

state or medical condition; or

(10) for any other reason.

(b) Manner of reporting. All law enforcement agencies

shall accept missing person reports in person. Law enforcement

agencies are encouraged to accept reports by phone or by

electronic or other media to the extent that such reporting is

consistent with law enforcement policies or practices.

(c) Contents of report. In accepting a report of a missing

person, the law enforcement agency shall attempt to gather

relevant information relating to the disappearance. The law

enforcement agency shall attempt to gather at the time of the

report information that shall include, but shall not be

limited to, the following:

(1) the name of the missing person, including

alternative names used;

(2) the missing person's date of birth;

(3) the missing person's identifying marks, such as

birthmarks, moles, tattoos, and scars;

(4) the missing person's height and weight;

(5) the missing person's gender;

(6) the missing person's race;

(7) the missing person's current hair color and true

or natural hair color;

(8) the missing person's eye color;

(9) the missing person's prosthetics, surgical

implants, or cosmetic implants;

(10) the missing person's physical anomalies;

(11) the missing person's blood type, if known;

(12) the missing person's driver's license number, if

known;

(13) the missing person's social security number, if

known;

(14) a photograph of the missing person; recent

photographs are preferable and the agency is encouraged to

attempt to ascertain the approximate date the photograph

was taken;

(15) a description of the clothing the missing person

was believed to be wearing;

(16) a description of items that might be with the

missing person, such as jewelry, accessories, and shoes or

boots;

(17) information on the missing person's electronic

communications devices, such as cellular telephone numbers

and e-mail addresses;

(18) the reasons why the reporting individual believes

that the person is missing;

(19) the name and location of the missing person's

school or employer, if known;

(20) the name and location of the missing person's

dentist or primary care physician or provider, or both, if

known;

(21) any circumstances that may indicate that the

disappearance was not voluntary;

(22) any circumstances that may indicate that the

missing person may be at risk of injury or death;

(23) a description of the possible means of

transportation of the missing person, including make,

model, color, license number, and Vehicle Identification

Number of a vehicle;

(24) any identifying information about a known or

possible abductor or person last seen with the missing

person, or both, including:

(A) name;

(B) a physical description;

(C) date of birth;

(D) identifying marks;

(E) the description of possible means of

transportation, including make, model, color, license

number, and Vehicle Identification Number of a

vehicle;

(F) known associates;

(25) any other information that may aid in locating

the missing person; and

(26) the date of last contact.

(d) Notification and follow up action.

(1) Notification. The law enforcement agency shall

notify the person making the report, a family member, or

other person in a position to assist the law enforcement

agency in its efforts to locate the missing person of the

following:

(A) general information about the handling of the

missing person case or about intended efforts in the

case to the extent that the law enforcement agency

determines that disclosure would not adversely affect

its ability to locate or protect the missing person or

to apprehend or prosecute any person criminally

involved in the disappearance;

(B) that the person should promptly contact the

law enforcement agency if the missing person remains

missing in order to provide additional information and

materials that will aid in locating the missing person

such as the missing person's credit cards, debit

cards, banking information, and cellular telephone

records; and

(C) that any DNA samples provided for the missing

person case are provided on a voluntary basis and will

be used solely to help locate or identify the missing

person and will not be used for any other purpose.

The law enforcement agency, upon acceptance of a

missing person report, shall inform the reporting citizen

of one of 2 resources, based upon the age of the missing

person. If the missing person is under 18 years of age,

contact information for the National Center for Missing

and Exploited Children shall be given. If the missing

person is age 18 or older, contact information for the

National Missing and Unidentified Persons System (NamUs)

organization shall be given.

The law enforcement agency is encouraged to make

available informational materials, through publications or

electronic or other media, that advise the public about

how the information or materials identified in this

subsection are used to help locate or identify missing

persons.

(2) Follow up action. If the person identified in the

missing person report remains missing after 30 days, but

not more than 60 days, the law enforcement agency may

generate a report of the missing person within the

National Missing and Unidentified Persons System (NamUs),

and the law enforcement agency may attempt to obtain the

additional information and materials that have not been

received, specified below:

(A) DNA samples from family members or from the

missing person along with any needed documentation, or

both, including any consent forms, required for the

use of State or federal DNA databases, including, but

not limited to, the Local DNA Index System (LDIS),

State DNA Index System (SDIS), National DNA Index

System (NDIS), and National Missing and Unidentified

Persons System (NamUs) partner laboratories;

(B) an authorization to release dental or skeletal

x-rays of the missing person;

(C) any additional photographs of the missing

person that may aid the investigation or an

identification; the law enforcement agency is not

required to obtain written authorization before it

releases publicly any photograph that would aid in the

investigation or identification of the missing person;

(D) dental information and x-rays; and

(E) fingerprints.

(3) Samples collected for DNA analysis may be

submitted to a National Missing and Unidentified Persons

System (NamUs) partner laboratory or other resource where

DNA profiles are entered into local, State, and national

DNA Index Systems within 60 days. The Illinois Department

of State Police shall establish procedures for determining

how to prioritize analysis of the samples relating to

missing person cases. All DNA samples obtained in missing

person cases from family members of the missing person may

not be retained after the location or identification of

the remains of the missing person unless there is a search

warrant signed by a court of competent jurisdiction.

(4) This subsection shall not be interpreted to

preclude a law enforcement agency from attempting to

obtain the materials identified in this subsection before

the expiration of the 30-day period. The responsible law

enforcement agency may make a National Missing and

Unidentified Persons System (NamUs) report on the missing

person within 60 days after the report of the

disappearance of the missing person.

(5) Law enforcement agencies are encouraged to

establish written protocols for the handling of missing

person cases to accomplish the purposes of this Act.

(Source: P.A. 101-266, eff. 1-1-21.)

(50 ILCS 722/10)

(Text of Section before amendment by P.A. 101-266)

Sec. 10. Law enforcement analysis and reporting of missing

person information.

(a) Prompt determination of high-risk missing person.

(1) Definition. "High-risk missing person" means a

person whose whereabouts are not currently known and whose

circumstances indicate that the person may be at risk of

injury or death. The circumstances that indicate that a

person is a high-risk missing person include, but are not

limited to, any of the following:

(A) the person is missing as a result of a stranger

abduction;

(B) the person is missing under suspicious

circumstances;

(C) the person is missing under unknown

circumstances;

(D) the person is missing under known dangerous

circumstances;

(E) the person is missing more than 30 days;

(F) the person has already been designated as a

high-risk missing person by another law enforcement

agency;

(G) there is evidence that the person is at risk

because:

(i) the person is in need of medical

attention, including but not limited to persons

with dementia-like symptoms, or prescription

medication;

(ii) the person does not have a pattern of

running away or disappearing;

(iii) the person may have been abducted by a

non-custodial parent;

(iv) the person is mentally impaired,

including, but not limited to, a person having a

developmental disability, as defined in Section

1-106 of the Mental Health and Developmental

Disabilities Code, or a person having an

intellectual disability, as defined in Section

1-116 of the Mental Health and Developmental

Disabilities Code;

(v) the person is under the age of 21;

(vi) the person has been the subject of past

threats or acts of violence;

(vii) the person has eloped from a nursing

home;

(G-5) the person is a veteran or active duty

member of the United States Armed Forces, the National

Guard, or any reserve component of the United States

Armed Forces who is believed to have a physical or

mental health condition that is related to his or her

service; or

(H) any other factor that may, in the judgment of

the law enforcement official, indicate that the

missing person may be at risk.

(2) Law enforcement risk assessment.

(A) Upon initial receipt of a missing person

report, the law enforcement agency shall immediately

determine whether there is a basis to determine that

the missing person is a high-risk missing person.

(B) If a law enforcement agency has previously

determined that a missing person is not a high-risk

missing person, but obtains new information, it shall

immediately determine whether the information

indicates that the missing person is a high-risk

missing person.

(C) Law enforcement agencies are encouraged to

establish written protocols for the handling of

missing person cases to accomplish the purposes of

this Act.

(3) Law enforcement agency reports.

(A) The responding local law enforcement agency

shall immediately enter all collected information

relating to the missing person case in the Law

Enforcement Agencies Data System (LEADS) and the

National Crime Information Center (NCIC) databases.

The information shall be provided in accordance with

applicable guidelines relating to the databases. The

information shall be entered as follows:

(i) All appropriate DNA profiles, as

determined by the Illinois Department of State

Police, shall be uploaded into the missing person

databases of the State DNA Index System (SDIS) and

National DNA Index System (NDIS) after completion

of the DNA analysis and other procedures required

for database entry.

(ii) Information relevant to the Federal

Bureau of Investigation's Violent Criminal

Apprehension Program shall be entered as soon as

possible.

(iii) The Illinois Department of State Police

shall ensure that persons entering data relating

to medical or dental records in State or federal

databases are specifically trained to understand

and correctly enter the information sought by

these databases. The Illinois Department of State

Police shall either use a person with specific

expertise in medical or dental records for this

purpose or consult with a chief medical examiner,

forensic anthropologist, or odontologist to ensure

the accuracy and completeness of information

entered into the State and federal databases.

(B) The Illinois Department of State Police shall

immediately notify all law enforcement agencies within

this State and the surrounding region of the

information that will aid in the prompt location and

safe return of the high-risk missing person.

(C) The local law enforcement agencies that

receive the notification from the Illinois Department

of State Police shall notify officers to be on the

lookout for the missing person or a suspected

abductor.

(D) Pursuant to any applicable State criteria,

local law enforcement agencies shall also provide for

the prompt use of an Amber Alert in cases involving

abducted children; or use of the Endangered Missing

Person Advisory in appropriate high risk cases.

(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;

100-835, eff. 1-1-19; 101-81, eff. 7-12-19.)

(Text of Section after amendment by P.A. 101-266)

Sec. 10. Law enforcement analysis and reporting of missing

person information.

(a) Prompt determination and definition of a high-risk

missing person.

(1) Definition. "High-risk missing person" means a

person whose whereabouts are not currently known and whose

circumstances indicate that the person may be at risk of

injury or death. The circumstances that indicate that a

person is a high-risk missing person include, but are not

limited to, any of the following:

(A) the person is missing as a result of a stranger

abduction;

(B) the person is missing under suspicious

circumstances;

(C) the person is missing under unknown

circumstances;

(D) the person is missing under known dangerous

circumstances;

(E) the person is missing more than 30 days;

(F) the person has already been designated as a

high-risk missing person by another law enforcement

agency;

(G) there is evidence that the person is at risk

because:

(i) the person is in need of medical

attention, including but not limited to persons

with dementia-like symptoms, or prescription

medication;

(ii) the person does not have a pattern of

running away or disappearing;

(iii) the person may have been abducted by a

non-custodial parent;

(iv) the person is mentally impaired,

including, but not limited to, a person having a

developmental disability, as defined in Section

1-106 of the Mental Health and Developmental

Disabilities Code, or a person having an

intellectual disability, as defined in Section

1-116 of the Mental Health and Developmental

Disabilities Code;

(v) the person is under the age of 21;

(vi) the person has been the subject of past

threats or acts of violence;

(vii) the person has eloped from a nursing

home;

(G-5) the person is a veteran or active duty

member of the United States Armed Forces, the National

Guard, or any reserve component of the United States

Armed Forces who is believed to have a physical or

mental health condition that is related to his or her

service; or

(H) any other factor that may, in the judgment of

the law enforcement official, indicate that the

missing person may be at risk.

(b) Law enforcement risk assessment.

(1) Upon initial receipt of a missing person report,

the law enforcement agency shall immediately determine

whether there is a basis to determine that the missing

person is a high-risk missing person.

(2) If a law enforcement agency has previously

determined that a missing person is not a high-risk

missing person, but obtains new information, it shall

immediately determine whether the information indicates

that the missing person is a high-risk missing person.

(3) Law enforcement agencies are encouraged to

establish written protocols for the handling of missing

person cases to accomplish the purposes of this Act.

(c) Law enforcement reporting.

(1) The responding local law enforcement agency shall

immediately enter all collected information relating to

the missing person case in the Law Enforcement Agencies

Data System (LEADS) and the National Crime Information

Center (NCIC) databases and the National Missing and

Unidentified Persons System (NamUs) within 45 days after

the receipt of the report, or in the case of a high risk

missing person, within 30 days after the receipt of the

report. If the DNA sample submission is to a National

Missing and Unidentified Persons System (NamUs) partner

laboratory, the DNA profile may be uploaded by the partner

laboratory to the National DNA Index System (NDIS). A

packet submission of all relevant reports and DNA samples

may be sent to the National Missing and Unidentified

Persons System (NamUs) within 30 days for any high-risk

missing person cases. The information shall be provided in

accordance with applicable guidelines relating to the

databases. The information shall be entered as follows:

(A) If Illinois Department of State Police

laboratories are utilized in lieu of National Missing

and Unidentified Persons System (NamUs) partner

laboratories, all appropriate DNA profiles, as

determined by the Illinois Department of State Police,

shall be uploaded into the missing person databases of

the State DNA Index System (SDIS) and National DNA

Index System (NDIS) after completion of the DNA

analysis and other procedures required for database

entry. The responding local law enforcement agency may

submit any DNA samples voluntarily obtained from

family members to a National Missing and Unidentified

Persons System (NamUs) partner laboratory for DNA

analysis within 30 days. A notation of DNA submission

may be made within the National Missing and

Unidentified Persons System (NamUs) record.

(B) Information relevant to the Federal Bureau of

Investigation's Violent Criminal Apprehension Program

shall be entered as soon as possible.

(C) The Illinois Department of State Police shall

ensure that persons entering data relating to medical

or dental records in State or federal databases are

specifically trained to understand and correctly enter

the information sought by these databases. The

Illinois Department of State Police shall either use a

person with specific expertise in medical or dental

records for this purpose or consult with a chief

medical examiner, forensic anthropologist, or

odontologist to ensure the accuracy and completeness

of information entered into the State and federal

databases.

(2) The Illinois Department of State Police shall

immediately notify all law enforcement agencies within

this State and the surrounding region of the information

that will aid in the prompt location and safe return of the

high-risk missing person.

(3) The local law enforcement agencies that receive

the notification from the Illinois Department of State

Police shall notify officers to be on the lookout for the

missing person or a suspected abductor.

(4) Pursuant to any applicable State criteria, local

law enforcement agencies shall also provide for the prompt

use of an Amber Alert in cases involving abducted

children; or use of the Endangered Missing Person Advisory

in appropriate high risk cases.

(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;

100-835, eff. 1-1-19; 101-81, eff. 7-12-19; 101-266, eff.

1-1-21.)

(50 ILCS 722/15)

Sec. 15. Reporting of unidentified persons and human

remains.

(a) Handling of death scene investigations.

(1) The Illinois Department of State Police shall

provide information to local law enforcement agencies

about best practices for handling death scene

investigations.

(2) The Illinois Department of State Police shall

identify any publications or training opportunities that

may be available to local law enforcement agencies or law

enforcement officers and coroners and medical examiners

concerning the handling of death scene investigations.

(b) Law enforcement reports.

(1) Before performing any death scene investigation

deemed appropriate under the circumstances, the official

with custody of the human remains shall ensure that the

coroner or medical examiner of the county in which the

deceased was found has been notified.

(2) Any coroner or medical examiner with custody of

human remains that are not identified within 24 hours of

discovery shall promptly notify the Illinois Department of

State Police of the location of those remains.

(3) If the coroner or medical examiner with custody of

remains cannot determine whether or not the remains found

are human, the coroner or medical examiner shall notify

the Illinois Department of State Police of the existence

of possible human remains.

(Source: P.A. 95-192, eff. 8-16-07.)

(50 ILCS 722/20)

Sec. 20. Unidentified persons or human remains

identification responsibilities.

(a) In this Section, "assisting law enforcement agency"

means a law enforcement agency with jurisdiction acting under

the request and direction of the medical examiner or coroner

to assist with human remains identification.

(a-5) If the official with custody of the human remains is

not a coroner or medical examiner, the official shall

immediately notify the coroner or medical examiner of the

county in which the remains were found. The coroner or medical

examiner shall go to the scene and take charge of the remains.

(b) Notwithstanding any other action deemed appropriate

for the handling of the human remains, the assisting law

enforcement agency, medical examiner, or coroner shall make

reasonable attempts to promptly identify human remains. This

does not include historic or prehistoric skeletal remains.

These actions shall include, but are not limited to, obtaining

the following when possible:

(1) photographs of the human remains (prior to an

autopsy);

(2) dental and skeletal X-rays;

(3) photographs of items found on or with the human

remains;

(4) fingerprints from the remains;

(5) tissue samples suitable for DNA analysis;

(6) (blank); and

(7) any other information that may support

identification efforts.

(c) No medical examiner or coroner or any other person

shall dispose of, or engage in actions that will materially

affect the unidentified human remains before the assisting law

enforcement agency, medical examiner, or coroner obtains items

essential for human identification efforts listed in

subsection (b) of this Section.

(d) Cremation of unidentified human remains is prohibited.

(e) (Blank).

(f) The assisting law enforcement agency, medical

examiner, or coroner shall seek support from appropriate State

and federal agencies, including National Missing and

Unidentified Persons System resources to facilitate prompt

identification of human remains. This support may include, but

is not limited to, fingerprint comparison; forensic

odontology; nuclear or mitochondrial DNA analysis, or both;

and forensic anthropology.

(f-5) Fingerprints from the unidentified remains,

including partial prints, shall be submitted to the Illinois

Department of State Police or other resource for the purpose

of attempting to identify the deceased. The coroner or medical

examiner shall cause a dental examination to be performed by a

forensic odontologist for the purpose of dental charting,

comparison to missing person records, or both. Tissue samples

collected for DNA analysis shall be submitted within 30 days

of the recovery of the remains to a National Missing and

Unidentified Persons System partner laboratory or other

resource where DNA profiles are entered into the National DNA

Index System upon completion of testing. Forensic

anthropological analysis of the remains shall also be

considered.

(g) (Blank).

(g-2) The medical examiner or coroner shall report the

unidentified human remains and the location where the remains

were found to the Illinois Department of State Police within

24 hours of discovery as mandated by Section 15 of this Act.

The assisting law enforcement agency, medical examiner, or

coroner shall contact the Illinois Department of State Police

to request the creation of a National Crime Information Center

Unidentified Person record within 5 days of the discovery of

the remains. The assisting law enforcement agency, medical

examiner, or coroner shall provide the Illinois Department of

State Police all information required for National Crime

Information Center entry. Upon notification, the Illinois

Department of State Police shall create the Unidentified

Person record without unnecessary delay.

(g-5) The assisting law enforcement agency, medical

examiner, or coroner shall obtain a National Crime Information

Center number from the Illinois Department of State Police to

verify entry and maintain this number within the unidentified

human remains case file. A National Crime Information Center

Unidentified Person record shall remain on file indefinitely

or until action is taken by the originating agency to clear or

cancel the record. The assisting law enforcement agency,

medical examiner, or coroner shall notify the Illinois

Department of State Police of necessary record modifications

or cancellation if identification is made.

(h) (Blank).

(h-5) The assisting law enforcement agency, medical

examiner, or coroner shall create an unidentified person

record in the National Missing and Unidentified Persons System

prior to the submission of samples or within 30 days of the

discovery of the remains, if no identification has been made.

The entry shall include all available case information

including fingerprint data and dental charts. Samples shall be

submitted to a National Missing and Unidentified Persons

System partner laboratory for DNA analysis within 30 Days. A

notation of DNA submission shall be made within the National

Missing and Unidentified Persons System Unidentified Person

record.

(i) Nothing in this Act shall be interpreted to preclude

any assisting law enforcement agency, medical examiner,

coroner, or the Illinois Department of State Police from

pursuing other efforts to identify human remains including

efforts to publicize information, descriptions, or photographs

related to the investigation.

(j) For historic or prehistoric human skeletal remains

determined by an anthropologist to be older than 100 years,

jurisdiction shall be transferred to the Department of Natural

Resources for further investigation under the Archaeological

and Paleontological Resources Protection Act.

(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)

Section 410. The Police and Community Relations

Improvement Act is amended by changing Section 1-10 as

follows:

(50 ILCS 727/1-10)

Sec. 1-10. Investigation of officer-involved deaths;

requirements.

(a) Each law enforcement agency shall have a written

policy regarding the investigation of officer-involved deaths

that involve a law enforcement officer employed by that law

enforcement agency.

(b) Each officer-involved death investigation shall be

conducted by at least 2 investigators, or an entity or agency

comprised of at least 2 investigators, one of whom is the lead

investigator. The lead investigator shall be a person

certified by the Illinois Law Enforcement Training Standards

Board as a Lead Homicide Investigator, or similar training

approved by the Illinois Law Enforcement Training Standards

Board or the Illinois Department of State Police, or similar

training provided at an Illinois Law Enforcement Training

Standards Board certified school. No investigator involved in

the investigation may be employed by the law enforcement

agency that employs the officer involved in the

officer-involved death, unless the investigator is employed by

the Illinois Department of State Police and is not assigned to

the same division or unit as the officer involved in the death.

(c) In addition to the requirements of subsection (b) of

this Section, if the officer-involved death being investigated

involves a motor vehicle accident, at least one investigator

shall be certified by the Illinois Law Enforcement Training

Standards Board as a Crash Reconstruction Specialist, or

similar training approved by the Illinois Law Enforcement

Training Standards Board or the Illinois Department of State

Police, or similar training provided at an Illinois Law

Enforcement Training Standards Board certified school.

Notwithstanding the requirements of subsection (b) of this

Section, the policy for a law enforcement agency, when the

officer-involved death being investigated involves a motor

vehicle collision, may allow the use of an investigator who is

employed by that law enforcement agency and who is certified

by the Illinois Law Enforcement Training Standards Board as a

Crash Reconstruction Specialist, or similar training approved

by the Illinois Law Enforcement Training and Standards Board,

or similar certified training approved by the Illinois

Department of State Police, or similar training provided at an

Illinois Law Enforcement Training and Standards Board

certified school.

(d) The investigators conducting the investigation shall,

in an expeditious manner, provide a complete report to the

State's Attorney of the county in which the officer-involved

death occurred.

(e) If the State's Attorney, or a designated special

prosecutor, determines there is no basis to prosecute the law

enforcement officer involved in the officer-involved death, or

if the law enforcement officer is not otherwise charged or

indicted, the investigators shall publicly release a report.

(Source: P.A. 99-352, eff. 1-1-16.)

Section 415. The Emergency Telephone System Act is amended

by changing Sections 2, 7, 8, 10, 12, 15.1, 15.4b, 15.5, 15.6,

15.6a, 15.6b, 17.5, 19, 20, 30, 40, 50, 55, 75, and 80 as

follows:

(50 ILCS 750/2) (from Ch. 134, par. 32)

(Section scheduled to be repealed on December 31, 2021)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"9-1-1 network" means the network used for the delivery of

9-1-1 calls and messages over dedicated and redundant

facilities to a primary or backup 9-1-1 PSAP that meets P.01

grade of service standards for basic 9-1-1 and enhanced 9-1-1

services or meets national I3 industry call delivery standards

for Next Generation 9-1-1 services.

"9-1-1 system" means the geographic area that has been

granted an order of authority by the Commission or the

Statewide 9-1-1 Administrator to use "9-1-1" as the primary

emergency telephone number.

"9-1-1 Authority" includes an Emergency Telephone System

Board, Joint Emergency Telephone System Board, and a qualified

governmental entity. "9-1-1 Authority" includes the Illinois

Department of State Police only to the extent it provides

9-1-1 services under this Act.

"Administrator" means the Statewide 9-1-1 Administrator.

"Advanced service" means any telecommunications service

with or without dynamic bandwidth allocation, including, but

not limited to, ISDN Primary Rate Interface (PRI), that,

through the use of a DS-1, T-1, or other un-channelized or

multi-channel transmission facility, is capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency.

"ALI" or "automatic location identification" means, in an

E9-1-1 system, the automatic display at the public safety

answering point of the caller's telephone number, the address

or location of the telephone, and supplementary emergency

services information.

"ANI" or "automatic number identification" means the

automatic display of the 9-1-1 calling party's number on the

PSAP monitor.

"Automatic alarm" and "automatic alerting device" mean any

device that will access the 9-1-1 system for emergency

services upon activation.

"Backup PSAP" means a public safety answering point that

serves as an alternate to the PSAP for enhanced systems and is

at a different location and operates independently from the

PSAP. A backup PSAP may accept overflow calls from the PSAP or

be activated if the primary PSAP is disabled.

"Board" means an Emergency Telephone System Board or a

Joint Emergency Telephone System Board created pursuant to

Section 15.4.

"Carrier" includes a telecommunications carrier and a

wireless carrier.

"Commission" means the Illinois Commerce Commission.

"Computer aided dispatch" or "CAD" means a computer-based

system that aids PSAP telecommunicators by automating selected

dispatching and recordkeeping activities.

"Direct dispatch method" means a 9-1-1 service that

provides for the direct dispatch by a PSAP telecommunicator of

the appropriate unit upon receipt of an emergency call and the

decision as to the proper action to be taken.

"Department" means the Department of State Police.

"DS-1, T-1, or similar un-channelized or multi-channel

transmission facility" means a facility that can transmit and

receive a bit rate of at least 1.544 megabits per second

(Mbps).

"Dynamic bandwidth allocation" means the ability of the

facility or customer to drop and add channels, or adjust

bandwidth, when needed in real time for voice or data

purposes.

"Enhanced 9-1-1" or "E9-1-1" means a telephone system that

includes network switching, database and PSAP premise elements

capable of providing automatic location identification data,

selective routing, selective transfer, fixed transfer, and a

call back number, including any enhanced 9-1-1 service so

designated by the Federal Communications Commission in its

report and order in WC Dockets Nos. 04-36 and 05-196, or any

successor proceeding.

"ETSB" means an emergency telephone system board appointed

by the corporate authorities of any county or municipality

that provides for the management and operation of a 9-1-1

system.

"Hearing-impaired individual" means a person with a

permanent hearing loss who can regularly and routinely

communicate by telephone only through the aid of devices which

can send and receive written messages over the telephone

network.

"Hosted supplemental 9-1-1 service" means a database

service that:

(1) electronically provides information to 9-1-1 call

takers when a call is placed to 9-1-1;

(2) allows telephone subscribers to provide

information to 9-1-1 to be used in emergency scenarios;

(3) collects a variety of formatted data relevant to

9-1-1 and first responder needs, which may include, but is

not limited to, photographs of the telephone subscribers,

physical descriptions, medical information, household

data, and emergency contacts;

(4) allows for information to be entered by telephone

subscribers through a secure website where they can elect

to provide as little or as much information as they

choose;

(5) automatically displays data provided by telephone

subscribers to 9-1-1 call takers for all types of

telephones when a call is placed to 9-1-1 from a

registered and confirmed phone number;

(6) supports the delivery of telephone subscriber

information through a secure internet connection to all

emergency telephone system boards;

(7) works across all 9-1-1 call taking equipment and

allows for the easy transfer of information into a

computer aided dispatch system; and

(8) may be used to collect information pursuant to an

Illinois Premise Alert Program as defined in the Illinois

Premise Alert Program (PAP) Act.

"Interconnected voice over Internet protocol provider" or

"Interconnected VoIP provider" has the meaning given to that

term under Section 13-235 of the Public Utilities Act.

"Joint ETSB" means a Joint Emergency Telephone System

Board established by intergovernmental agreement of two or

more municipalities or counties, or a combination thereof, to

provide for the management and operation of a 9-1-1 system.

"Local public agency" means any unit of local government

or special purpose district located in whole or in part within

this State that provides or has authority to provide

firefighting, police, ambulance, medical, or other emergency

services.

"Mechanical dialer" means any device that either manually

or remotely triggers a dialing device to access the 9-1-1

system.

"Master Street Address Guide" or "MSAG" is a database of

street names and house ranges within their associated

communities defining emergency service zones (ESZs) and their

associated emergency service numbers (ESNs) to enable proper

routing of 9-1-1 calls.

"Mobile telephone number" or "MTN" means the telephone

number assigned to a wireless telephone at the time of initial

activation.

"Network connections" means the number of voice grade

communications channels directly between a subscriber and a

telecommunications carrier's public switched network, without

the intervention of any other telecommunications carrier's

switched network, which would be required to carry the

subscriber's inter-premises traffic and which connection

either (1) is capable of providing access through the public

switched network to a 9-1-1 Emergency Telephone System, if one

exists, or (2) if no system exists at the time a surcharge is

imposed under Section 15.3, that would be capable of providing

access through the public switched network to the local 9-1-1

Emergency Telephone System if one existed. Where multiple

voice grade communications channels are connected to a

telecommunications carrier's public switched network through a

private branch exchange (PBX) service, there shall be

determined to be one network connection for each trunk line

capable of transporting either the subscriber's inter-premises

traffic to the public switched network or the subscriber's

9-1-1 calls to the public agency. Where multiple voice grade

communications channels are connected to a telecommunications

carrier's public switched network through centrex type

service, the number of network connections shall be equal to

the number of PBX trunk equivalents for the subscriber's

service or other multiple voice grade communication channels

facility, as determined by reference to any generally

applicable exchange access service tariff filed by the

subscriber's telecommunications carrier with the Commission.

"Network costs" means those recurring costs that directly

relate to the operation of the 9-1-1 network as determined by

the Statewide 9-1-1 Administrator with the advice of the

Statewide 9-1-1 Advisory Board, which may include, but need

not be limited to, some or all of the following: costs for

interoffice trunks, selective routing charges, transfer lines

and toll charges for 9-1-1 services, Automatic Location

Information (ALI) database charges, independent local exchange

carrier charges and non-system provider charges, carrier

charges for third party database for on-site customer premises

equipment, back-up PSAP trunks for non-system providers,

periodic database updates as provided by carrier (also known

as "ALI data dump"), regional ALI storage charges, circuits

for call delivery (fiber or circuit connection), NG9-1-1

costs, and all associated fees, taxes, and surcharges on each

invoice. "Network costs" shall not include radio circuits or

toll charges that are other than for 9-1-1 services.

"Next generation 9-1-1" or "NG9-1-1" means an Internet

Protocol-based (IP-based) system comprised of managed ESInets,

functional elements and applications, and databases that

replicate traditional E9-1-1 features and functions and

provide additional capabilities. "NG9-1-1" systems are

designed to provide access to emergency services from all

connected communications sources, and provide multimedia data

capabilities for PSAPs and other emergency services

organizations.

"NG9-1-1 costs" means those recurring costs that directly

relate to the Next Generation 9-1-1 service as determined by

the Statewide 9-1-1 Advisory Board, including, but not limited

to, costs for Emergency System Routing Proxy (ESRP), Emergency

Call Routing Function/Location Validation Function (ECRF/LVF),

Spatial Information Function (SIF), the Border Control

Function (BCF), and the Emergency Services Internet Protocol

networks (ESInets), legacy network gateways, and all

associated fees, taxes, and surcharges on each invoice.

"Private branch exchange" or "PBX" means a private

telephone system and associated equipment located on the

user's property that provides communications between internal

stations and external networks.

"Private business switch service" means network and

premises based systems including a VoIP, Centrex type service,

or PBX service, even though key telephone systems or

equivalent telephone systems registered with the Federal

Communications Commission under 47 C.F.R. Part 68 are directly

connected to Centrex type and PBX systems. "Private business

switch service" does not include key telephone systems or

equivalent telephone systems registered with the Federal

Communications Commission under 47 C.F.R. Part 68 when not

used in conjunction with a VoIP, Centrex type, or PBX systems.

"Private business switch service" typically includes, but is

not limited to, private businesses, corporations, and

industries where the telecommunications service is primarily

for conducting business.

"Private residential switch service" means network and

premise based systems including a VoIP, Centrex type service,

or PBX service or key telephone systems or equivalent

telephone systems registered with the Federal Communications

Commission under 47 C.F.R. Part 68 that are directly connected

to a VoIP, Centrex type service, or PBX systems equipped for

switched local network connections or 9-1-1 system access to

residential end users through a private telephone switch.

"Private residential switch service" does not include key

telephone systems or equivalent telephone systems registered

with the Federal Communications Commission under 47 C.F.R.

Part 68 when not used in conjunction with a VoIP, Centrex type,

or PBX systems. "Private residential switch service" typically

includes, but is not limited to, apartment complexes,

condominiums, and campus or university environments where

shared tenant service is provided and where the usage of the

telecommunications service is primarily residential.

"Public agency" means the State, and any unit of local

government or special purpose district located in whole or in

part within this State, that provides or has authority to

provide firefighting, police, ambulance, medical, or other

emergency services.

"Public safety agency" means a functional division of a

public agency that provides firefighting, police, medical, or

other emergency services to respond to and manage emergency

incidents. For the purpose of providing wireless service to

users of 9-1-1 emergency services, as expressly provided for

in this Act, the Illinois Department of State Police may be

considered a public safety agency.

"Public safety answering point" or "PSAP" is a set of

call-takers authorized by a governing body and operating under

common management that receive 9-1-1 calls and asynchronous

event notifications for a defined geographic area and

processes those calls and events according to a specified

operational policy.

"Qualified governmental entity" means a unit of local

government authorized to provide 9-1-1 services pursuant to

this Act where no emergency telephone system board exists.

"Referral method" means a 9-1-1 service in which the PSAP

telecommunicator provides the calling party with the telephone

number of the appropriate public safety agency or other

provider of emergency services.

"Regular service" means any telecommunications service,

other than advanced service, that is capable of transporting

either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency.

"Relay method" means a 9-1-1 service in which the PSAP

telecommunicator takes the pertinent information from a caller

and relays that information to the appropriate public safety

agency or other provider of emergency services.

"Remit period" means the billing period, one month in

duration, for which a wireless carrier remits a surcharge and

provides subscriber information by zip code to the Illinois

State Police Department, in accordance with Section 20 of this

Act.

"Secondary Answering Point" or "SAP" means a location,

other than a PSAP, that is able to receive the voice, data, and

call back number of E9-1-1 or NG9-1-1 emergency calls

transferred from a PSAP and completes the call taking process

by dispatching police, medical, fire, or other emergency

responders.

"Statewide wireless emergency 9-1-1 system" means all

areas of the State where an emergency telephone system board

or, in the absence of an emergency telephone system board, a

qualified governmental entity, has not declared its intention

for one or more of its public safety answering points to serve

as a primary wireless 9-1-1 public safety answering point for

its jurisdiction. The operator of the statewide wireless

emergency 9-1-1 system shall be the Illinois Department of

State Police.

"System" means the communications equipment and related

software applications required to produce a response by the

appropriate emergency public safety agency or other provider

of emergency services as a result of an emergency call being

placed to 9-1-1.

"System provider" means the contracted entity providing

9-1-1 network and database services.

"Telecommunications carrier" means those entities included

within the definition specified in Section 13-202 of the

Public Utilities Act, and includes those carriers acting as

resellers of telecommunications services. "Telecommunications

carrier" includes telephone systems operating as mutual

concerns. "Telecommunications carrier" does not include a

wireless carrier.

"Telecommunications technology" means equipment that can

send and receive written messages over the telephone network.

"Transfer method" means a 9-1-1 service in which the PSAP

telecommunicator receiving a call transfers that call to the

appropriate public safety agency or other provider of

emergency services.

"Transmitting messages" shall have the meaning given to

that term under Section 8-11-2 of the Illinois Municipal Code.

"Trunk line" means a transmission path, or group of

transmission paths, connecting a subscriber's PBX to a

telecommunications carrier's public switched network. In the

case of regular service, each voice grade communications

channel or equivalent amount of bandwidth capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a trunk line, even if it is bundled with other

channels or additional bandwidth. In the case of advanced

service, each DS-1, T-1, or other un-channelized or

multi-channel transmission facility that is capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a single trunk line, even if it contains multiple

voice grade communications channels or otherwise supports 2 or

more voice grade calls at a time; provided, however, that each

additional increment of up to 24 voice grade channels of

transmission capacity that is capable of transporting either

the subscriber's inter-premises voice telecommunications

services to the public switched network or the subscriber's

9-1-1 calls to the public agency shall be considered an

additional trunk line.

"Unmanned backup PSAP" means a public safety answering

point that serves as an alternate to the PSAP at an alternate

location and is typically unmanned but can be activated if the

primary PSAP is disabled.

"Virtual answering point" or "VAP" means a temporary or

nonpermanent location that is capable of receiving an

emergency call, contains a fully functional worksite that is

not bound to a specific location, but rather is portable and

scalable, connecting emergency call takers or dispatchers to

the work process, and is capable of completing the call

dispatching process.

"Voice-impaired individual" means a person with a

permanent speech disability which precludes oral

communication, who can regularly and routinely communicate by

telephone only through the aid of devices which can send and

receive written messages over the telephone network.

"Wireless carrier" means a provider of two-way cellular,

broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial

Mobile Radio Service (CMRS), Wireless Communications Service

(WCS), or other Commercial Mobile Radio Service (CMRS), as

defined by the Federal Communications Commission, offering

radio communications that may provide fixed, mobile, radio

location, or satellite communication services to individuals

or businesses within its assigned spectrum block and

geographical area or that offers real-time, two-way voice

service that is interconnected with the public switched

network, including a reseller of such service.

"Wireless enhanced 9-1-1" means the ability to relay the

telephone number of the originator of a 9-1-1 call and

location information from any mobile handset or text telephone

device accessing the wireless system to the designated

wireless public safety answering point as set forth in the

order of the Federal Communications Commission, FCC Docket No.

94-102, adopted June 12, 1996, with an effective date of

October 1, 1996, and any subsequent amendment thereto.

"Wireless public safety answering point" means the

functional division of a 9-1-1 authority accepting wireless

9-1-1 calls.

"Wireless subscriber" means an individual or entity to

whom a wireless service account or number has been assigned by

a wireless carrier, other than an account or number associated

with prepaid wireless telecommunication service.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/7) (from Ch. 134, par. 37)

(Section scheduled to be repealed on December 31, 2021)

Sec. 7. The General Assembly finds that, because of

overlapping jurisdiction of public agencies, public safety

agencies and telephone service areas, the Administrator, with

the advice and recommendation of the Statewide 9-1-1 Advisory

Board, shall establish a general overview or plan to

effectuate the purposes of this Act within the time frame

provided in this Act. In order to insure that proper

preparation and implementation of emergency telephone systems

are accomplished by all public agencies as required under this

Act, the Illinois State Police Department, with the advice and

assistance of the Attorney General, shall secure compliance by

public agencies as provided in this Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/8) (from Ch. 134, par. 38)

(Section scheduled to be repealed on December 31, 2021)

Sec. 8. The Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

coordinate the implementation of systems established under

this Act. To assist with this coordination, all systems

authorized to operate under this Act shall register with the

Administrator information regarding its composition and

organization, including, but not limited to, identification of

all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup

PSAPs. The Illinois State Police Department may adopt rules

for the administration of this Section.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/10) (from Ch. 134, par. 40)

(Section scheduled to be repealed on December 31, 2021)

Sec. 10. (a) The Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

establish uniform technical and operational standards for all

9-1-1 systems in Illinois. All findings, orders, decisions,

rules, and regulations issued or promulgated by the Commission

under this Act or any other Act establishing or conferring

power on the Commission with respect to emergency

telecommunications services, shall continue in force.

Notwithstanding the provisions of this Section, where

applicable, the Administrator shall, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, amend

the Commission's findings, orders, decisions, rules, and

regulations to conform to the specific provisions of this Act

as soon as practicable after the effective date of this

amendatory Act of the 99th General Assembly.

(b) The Illinois State Police Department may adopt

emergency rules necessary to implement the provisions of this

amendatory Act of the 99th General Assembly under subsection

(t) of Section 5-45 of the Illinois Administrative Procedure

Act.

(c) Nothing in this Act shall deprive the Commission of

any authority to regulate the provision by telecommunication

carriers or 9-1-1 system service providers of

telecommunication or other services under the Public Utilities

Act.

(d) For rules that implicate both the regulation of 9-1-1

authorities under this Act and the regulation of

telecommunication carriers and 9-1-1 system service providers

under the Public Utilities Act, the Illinois State Police

Department and the Commission may adopt joint rules necessary

for implementation.

(e) Any findings, orders, or decisions of the

Administrator under this Section shall be deemed a final

administrative decision and shall be subject to judicial

review under the Administrative Review Law.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/12) (from Ch. 134, par. 42)

(Section scheduled to be repealed on December 31, 2021)

Sec. 12. The Attorney General may, on behalf of the

Illinois State Police Department or on his own initiative,

commence judicial proceedings to enforce compliance by any

public agency or public utility providing telephone service

with this Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.1. Public body; exemption from civil liability for

developing or operating emergency telephone system.

(a) In no event shall a public agency, the Commission, the

Statewide 9-1-1 Advisory Board, the Administrator, the

Illinois Department of State Police, public safety agency,

public safety answering point, emergency telephone system

board, or unit of local government assuming the duties of an

emergency telephone system board, or carrier, or its officers,

employees, assigns, or agents be liable for any civil damages

or criminal liability that directly or indirectly results

from, or is caused by, any act or omission in the development,

design, installation, operation, maintenance, performance, or

provision of 9-1-1 service required by this Act, unless the

act or omission constitutes gross negligence, recklessness, or

intentional misconduct.

A unit of local government, the Commission, the Statewide

9-1-1 Advisory Board, the Administrator, the Illinois

Department of State Police, public safety agency, public

safety answering point, emergency telephone system board, or

carrier, or its officers, employees, assigns, or agents, shall

not be liable for any form of civil damages or criminal

liability that directly or indirectly results from, or is

caused by, the release of subscriber information to any

governmental entity as required under the provisions of this

Act, unless the release constitutes gross negligence,

recklessness, or intentional misconduct.

(b) Exemption from civil liability for emergency

instructions is as provided in the Good Samaritan Act.

(c) This Section may not be offered as a defense in any

judicial proceeding brought by the Attorney General under

Section 12 to compel compliance with this Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.4b)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.4b. Consolidation grants.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall administer a

9-1-1 System Consolidation Grant Program to defray costs

associated with 9-1-1 system consolidation of systems outside

of a municipality with a population in excess of 500,000. The

awarded grants will be used to offset non-recurring costs

associated with the consolidation of 9-1-1 systems and shall

not be used for ongoing operating costs associated with the

consolidated system. The Illinois State Police Department, in

consultation with the Administrator and the Statewide 9-1-1

Advisory Board, shall adopt rules defining the grant process

and criteria for issuing the grants. The grants should be

awarded based on criteria that include, but are not limited

to:

(1) reducing the number of transfers of a 9-1-1 call;

(2) reducing the infrastructure required to adequately

provide 9-1-1 network services;

(3) promoting cost savings from resource sharing among

9-1-1 systems;

(4) facilitating interoperability and resiliency for

the receipt of 9-1-1 calls;

(5) reducing the number of 9-1-1 systems or reducing

the number of PSAPs within a 9-1-1 system;

(6) cost saving resulting from 9-1-1 system

consolidation; and

(7) expanding E9-1-1 service coverage as a result of

9-1-1 system consolidation including to areas without

E9-1-1 service.

Priority shall be given first to counties not providing

9-1-1 service as of January 1, 2016, and next to other entities

consolidating as required under Section 15.4a of this Act.

(b) The 9-1-1 System Consolidation Grant application, as

defined by Illinois State Police Department rules, shall be

submitted electronically to the Administrator starting January

2, 2016, and every January 2 thereafter. The application shall

include a modified 9-1-1 system plan as required by this Act in

support of the consolidation plan. The Administrator shall

have until June 30, 2016 and every June 30 thereafter to

approve 9-1-1 System Consolidation grants and modified 9-1-1

system plans. Payment under the approved 9-1-1 System

Consolidation grants shall be contingent upon the final

approval of a modified 9-1-1 system plan.

(c) Existing and previously completed consolidation

projects shall be eligible to apply for reimbursement of costs

related to the consolidation incurred between 2010 and the

State fiscal year of the application.

(d) The 9-1-1 systems that receive grants under this

Section shall provide a report detailing grant fund usage to

the Administrator pursuant to Section 40 of this Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.5)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.5. Private residential switch service 9-1-1

service.

(a) After June 30, 1995, an entity that provides or

operates private residential switch service and provides

telecommunications facilities or services to residents shall

provide to those residential end users the same level of 9-1-1

service as the public agency and the telecommunications

carrier are providing to other residential end users of the

local 9-1-1 system. This service shall include, but not be

limited to, the capability to identify the telephone number,

extension number, and the physical location that is the source

of the call to the number designated as the emergency

telephone number.

(b) The private residential switch operator is responsible

for forwarding end user automatic location identification

record information to the 9-1-1 system provider according to

the format, frequency, and procedures established by that

system provider.

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Illinois State Police

Department or on his or her own initiative, or any other

interested person, from seeking judicial relief, by mandamus,

injunction, or otherwise, to compel compliance with this

Section.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.6)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.6. Enhanced 9-1-1 service; business service.

(a) After June 30, 2000, or within 18 months after

enhanced 9-1-1 service becomes available, any entity that

installs or operates a private business switch service and

provides telecommunications facilities or services to

businesses shall assure that the system is connected to the

public switched network in a manner that calls to 9-1-1 result

in automatic number and location identification. For buildings

having their own street address and containing workspace of

40,000 square feet or less, location identification shall

include the building's street address. For buildings having

their own street address and containing workspace of more than

40,000 square feet, location identification shall include the

building's street address and one distinct location

identification per 40,000 square feet of workspace. Separate

buildings containing workspace of 40,000 square feet or less

having a common public street address shall have a distinct

location identification for each building in addition to the

street address.

(b) Exemptions. Buildings containing workspace of more

than 40,000 square feet are exempt from the multiple location

identification requirements of subsection (a) if the building

maintains, at all times, alternative and adequate means of

signaling and responding to emergencies. Those means shall

include, but not be limited to, a telephone system that

provides the physical location of 9-1-1 calls coming from

within the building. Health care facilities are presumed to

meet the requirements of this paragraph if the facilities are

staffed with medical or nursing personnel 24 hours per day and

if an alternative means of providing information about the

source of an emergency call exists. Buildings under this

exemption must provide 9-1-1 service that provides the

building's street address.

Buildings containing workspace of more than 40,000 square

feet are exempt from subsection (a) if the building maintains,

at all times, alternative and adequate means of signaling and

responding to emergencies, including a telephone system that

provides the location of a 9-1-1 call coming from within the

building, and the building is serviced by its own medical,

fire and security personnel. Buildings under this exemption

are subject to emergency phone system certification by the

Administrator.

Buildings in communities not serviced by enhanced 9-1-1

service are exempt from subsection (a).

Correctional institutions and facilities, as defined in

subsection (d) of Section 3-1-2 of the Unified Code of

Corrections, are exempt from subsection (a).

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Illinois State Police

Department or on his or her own initiative, or any other

interested person, from seeking judicial relief, by mandamus,

injunction, or otherwise, to compel compliance with this

Section.

(f) The Illinois State Police Department may promulgate

rules for the administration of this Section.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.6a)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.6a. Wireless emergency 9-1-1 service.

(a) The digits "9-1-1" shall be the designated emergency

telephone number within the wireless system.

(b) The Illinois State Police Department may set

non-discriminatory and uniform technical and operational

standards consistent with the rules of the Federal

Communications Commission for directing calls to authorized

public safety answering points. These standards shall not in

any way prescribe the technology or manner a wireless carrier

shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls,

and these standards shall not exceed the requirements set by

the Federal Communications Commission; however, standards for

directing calls to the authorized public safety answering

point shall be included. The authority given to the Illinois

State Police Department in this Section is limited to setting

standards as set forth herein and does not constitute

authority to regulate wireless carriers.

(c) For the purpose of providing wireless 9-1-1 emergency

services, an emergency telephone system board or, in the

absence of an emergency telephone system board, a qualified

governmental entity, may declare its intention for one or more

of its public safety answering points to serve as a primary

wireless 9-1-1 public safety answering point for its

jurisdiction by notifying the Administrator in writing within

6 months after receiving its authority to operate a 9-1-1

system under this Act. In addition, 2 or more emergency

telephone system boards or qualified governmental entities

may, by virtue of an intergovernmental agreement, provide

wireless 9-1-1 service. Until the jurisdiction comes into

compliance with Section 15.4a of this Act, the Illinois

Department of State Police shall be the primary wireless 9-1-1

public safety answering point for any jurisdiction that did

not provide notice to the Illinois Commerce Commission and the

Illinois State Police Department prior to January 1, 2016.

(d) The Administrator, upon a request from a qualified

governmental entity or an emergency telephone system board and

with the advice and recommendation of the Statewide 9-1-1

Advisory Board, may grant authority to the emergency telephone

system board or a qualified governmental entity to provide

wireless 9-1-1 service in areas for which the Illinois State

Police Department has accepted wireless 9-1-1 responsibility.

The Administrator shall maintain a current list of all 9-1-1

systems and qualified governmental entities providing wireless

9-1-1 service under this Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/15.6b)

(Section scheduled to be repealed on December 31, 2021)

Sec. 15.6b. Next Generation 9-1-1 service.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall develop and

implement a plan for a statewide Next Generation 9-1-1

network. The Next Generation 9-1-1 network must be an Internet

protocol-based platform that at a minimum provides:

(1) improved 9-1-1 call delivery;

(2) enhanced interoperability;

(3) increased ease of communication between 9-1-1

service providers, allowing immediate transfer of 9-1-1

calls, caller information, photos, and other data

statewide;

(4) a hosted solution with redundancy built in; and

(5) compliance with NENA Standards i3 Solution 08-003.

(b) By July 1, 2016, the Administrator, with the advice

and recommendation of the Statewide 9-1-1 Advisory Board,

shall design and issue a competitive request for a proposal to

secure the services of a consultant to complete a feasibility

study on the implementation of a statewide Next Generation

9-1-1 network in Illinois. By July 1, 2017, the consultant

shall complete the feasibility study and make recommendations

as to the appropriate procurement approach for developing a

statewide Next Generation 9-1-1 network.

(c) Within 12 months of the final report from the

consultant under subsection (b) of this Section, the Illinois

State Police Department shall procure and finalize a contract

with a vendor certified under Section 13-900 of the Public

Utilities Act to establish a statewide Next Generation 9-1-1

network. By July 1, 2021, the vendor shall implement a Next

Generation 9-1-1 network that allows 9-1-1 systems providing

9-1-1 service to Illinois residents to access the system

utilizing their current infrastructure if it meets the

standards adopted by the Illinois State Police Department.

(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)

(50 ILCS 750/17.5)

(Section scheduled to be repealed on December 31, 2021)

Sec. 17.5. 9-1-1 call transfer, forward, or relay.

(a) The General Assembly finds the following:

(1) Some 9-1-1 systems throughout this State do not

have a procedure in place to manually transfer, forward,

or relay 9-1-1 calls originating within one 9-1-1 system's

jurisdiction, but which should properly be answered and

dispatched by another 9-1-1 system, to the appropriate

9-1-1 system for answering and dispatch of first

responders.

(2) On January 1, 2016, the General Assembly gave

oversight authority of 9-1-1 systems to the Illinois

Department of State Police.

(3) Since that date, the Illinois Department of State

Police has authorized individual 9-1-1 systems in counties

and municipalities to implement and upgrade enhanced 9-1-1

systems throughout the State.

(b) The Illinois State Police Department shall prepare a

directory of all authorized 9-1-1 systems in the State. The

directory shall include an emergency 24/7 10-digit telephone

number for all primary public safety answering points located

in each 9-1-1 system to which 9-1-1 calls from another

jurisdiction can be transferred. This directory shall be made

available to each 9-1-1 authority for its use in establishing

standard operating procedures regarding calls outside its

9-1-1 jurisdiction.

(c) Each 9-1-1 system shall provide the Illinois State

Police Department with the following information:

(1) The name of the PSAP, a list of every

participating agency, and the county the PSAP is in,

including college and university public safety entities.

(2) The 24/7 10-digit emergency telephone number and

email address for the dispatch agency to which 9-1-1 calls

originating in another 9-1-1 jurisdiction can be

transferred or by which the PSAP can be contacted via

email to exchange information. Each 9-1-1 system shall

provide the Illinois State Police Department with any

changes to the participating agencies and this number and

email address immediately upon the change occurring. Each

9-1-1 system shall provide the PSAP information, the 24/7

10-digit emergency telephone number and email address to

the Manager of the Illinois State Police's Department's

9-1-1 Program within 30 days of the effective date of this

amendatory Act of the 100th General Assembly.

(3) The standard operating procedure describing the

manner in which the 9-1-1 system will transfer, forward,

or relay 9-1-1 calls originating within its jurisdiction,

but which should properly be answered and dispatched by

another 9-1-1 system, to the appropriate 9-1-1 system.

Each 9-1-1 system shall provide the standard operating

procedures to the Manager of the Illinois State Police's

Department's 9-1-1 Program within 180 days after the

effective date of this amendatory Act of the 100th General

Assembly.

(Source: P.A. 100-20, eff. 7-1-17.)

(50 ILCS 750/19)

(Section scheduled to be repealed on December 31, 2021)

Sec. 19. Statewide 9-1-1 Advisory Board.

(a) Beginning July 1, 2015, there is created the Statewide

9-1-1 Advisory Board within the Illinois Department of State

Police. The Board shall consist of the following 11 voting

members:

(1) The Director of the Illinois State Police, or his

or her designee, who shall serve as chairman.

(2) The Executive Director of the Commission, or his

or her designee.

(3) Nine members appointed by the Governor as follows:

(A) one member representing the Illinois chapter

of the National Emergency Number Association, or his

or her designee;

(B) one member representing the Illinois chapter

of the Association of Public-Safety Communications

Officials, or his or her designee;

(C) one member representing a county 9-1-1 system

from a county with a population of less than 50,000;

(D) one member representing a county 9-1-1 system

from a county with a population between 50,000 and

250,000;

(E) one member representing a county 9-1-1 system

from a county with a population of more than 250,000;

(F) one member representing a municipality with a

population of less than 500,000 in a county with a

population in excess of 2,000,000;

(G) one member representing the Illinois

Association of Chiefs of Police;

(H) one member representing the Illinois Sheriffs'

Association; and

(I) one member representing the Illinois Fire

Chiefs Association.

The Governor shall appoint the following non-voting

members: (i) one member representing an incumbent local

exchange 9-1-1 system provider; (ii) one member representing a

non-incumbent local exchange 9-1-1 system provider; (iii) one

member representing a large wireless carrier; (iv) one member

representing an incumbent local exchange carrier; (v) one

member representing the Illinois Telecommunications

Association; (vi) one member representing the Cable Television

and Communication Association of Illinois; and (vii) one

member representing the Illinois State Ambulance Association.

The Speaker of the House of Representatives, the Minority

Leader of the House of Representatives, the President of the

Senate, and the Minority Leader of the Senate may each appoint

a member of the General Assembly to temporarily serve as a

non-voting member of the Board during the 12 months prior to

the repeal date of this Act to discuss legislative initiatives

of the Board.

(b) The Governor shall make initial appointments to the

Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

voting members appointed by the Governor shall serve an

initial term of 2 years, and the remaining voting members

appointed by the Governor shall serve an initial term of 3

years. Thereafter, each appointment by the Governor shall be

for a term of 3 years. Non-voting members shall serve for a

term of 3 years. Vacancies shall be filled in the same manner

as the original appointment. Persons appointed to fill a

vacancy shall serve for the balance of the unexpired term.

Members of the Statewide 9-1-1 Advisory Board shall serve

without compensation.

(c) The 9-1-1 Services Advisory Board, as constituted on

June 1, 2015 without the legislative members, shall serve in

the role of the Statewide 9-1-1 Advisory Board until all

appointments of voting members have been made by the Governor

under subsection (a) of this Section.

(d) The Statewide 9-1-1 Advisory Board shall:

(1) advise the Illinois Department of State Police and

the Statewide 9-1-1 Administrator on the oversight of

9-1-1 systems and the development and implementation of a

uniform statewide 9-1-1 system;

(2) make recommendations to the Governor and the

General Assembly regarding improvements to 9-1-1 services

throughout the State; and

(3) exercise all other powers and duties provided in

this Act.

(e) The Statewide 9-1-1 Advisory Board shall submit to the

General Assembly a report by March 1 of each year providing an

update on the transition to a statewide 9-1-1 system and

recommending any legislative action.

(f) The Illinois Department of State Police shall provide

administrative support to the Statewide 9-1-1 Advisory Board.

(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)

(50 ILCS 750/20)

(Section scheduled to be repealed on December 31, 2021)

Sec. 20. Statewide surcharge.

(a) On and after January 1, 2016, and except with respect

to those customers who are subject to surcharges as provided

in Sections 15.3 and 15.3a of this Act, a monthly surcharge

shall be imposed on all customers of telecommunications

carriers and wireless carriers as follows:

(1) Each telecommunications carrier shall impose a

monthly surcharge per network connection; provided,

however, the monthly surcharge shall not apply to a

network connection provided for use with pay telephone

services. Where multiple voice grade communications

channels are connected between the subscriber's premises

and a public switched network through private branch

exchange (PBX), centrex type service, or other multiple

voice grade communication channels facility, there shall

be imposed 5 such surcharges per network connection for

both regular service and advanced service provisioned

trunk lines. Until December 31, 2017, the surcharge shall

be $0.87 per network connection and on and after January

1, 2018, the surcharge shall be $1.50 per network

connection.

(2) Each wireless carrier shall impose and collect a

monthly surcharge per CMRS connection that either has a

telephone number within an area code assigned to Illinois

by the North American Numbering Plan Administrator or has

a billing address in this State. Until December 31, 2017,

the surcharge shall be $0.87 per connection and on and

after January 1, 2018, the surcharge shall be $1.50 per

connection.

(b) State and local taxes shall not apply to the

surcharges imposed under this Section.

(c) The surcharges imposed by this Section shall be stated

as a separately stated item on subscriber bills.

(d) The telecommunications carrier collecting the

surcharge may deduct and retain an amount not to exceed 3% of

the gross amount of surcharge collected to reimburse the

telecommunications carrier for the expense of accounting and

collecting the surcharge. On and after July 1, 2022, the

wireless carrier collecting a surcharge under this Section may

deduct and retain an amount not to exceed 3% of the gross

amount of the surcharge collected to reimburse the wireless

carrier for the expense of accounting and collecting the

surcharge.

(e) Surcharges imposed under this Section shall be

collected by the carriers and shall be remitted to the

Illinois State Police Department, either by check or

electronic funds transfer, by the end of the next calendar

month after the calendar month in which it was collected for

deposit into the Statewide 9-1-1 Fund. Carriers are not

required to remit surcharge moneys that are billed to

subscribers but not yet collected.

The first remittance by wireless carriers shall include

the number of subscribers by zip code, and the 9-digit zip code

if currently being used or later implemented by the carrier,

that shall be the means by which the Illinois State Police

Department shall determine distributions from the Statewide

9-1-1 Fund. This information shall be updated at least once

each year. Any carrier that fails to provide the zip code

information required under this subsection (e) shall be

subject to the penalty set forth in subsection (g) of this

Section.

(f) If, within 8 calendar days after it is due under

subsection (e) of this Section, a carrier does not remit the

surcharge or any portion thereof required under this Section,

then the surcharge or portion thereof shall be deemed

delinquent until paid in full, and the Illinois State Police

Department may impose a penalty against the carrier in an

amount equal to the greater of:

(1) $25 for each month or portion of a month from the

time an amount becomes delinquent until the amount is paid

in full; or

(2) an amount equal to the product of 1% and the sum of

all delinquent amounts for each month or portion of a

month that the delinquent amounts remain unpaid.

A penalty imposed in accordance with this subsection (f)

for a portion of a month during which the carrier pays the

delinquent amount in full shall be prorated for each day of

that month that the delinquent amount was paid in full. Any

penalty imposed under this subsection (f) is in addition to

the amount of the delinquency and is in addition to any other

penalty imposed under this Section.

(g) If, within 8 calendar days after it is due, a wireless

carrier does not provide the number of subscribers by zip code

as required under subsection (e) of this Section, then the

report is deemed delinquent and the Illinois State Police

Department may impose a penalty against the carrier in an

amount equal to the greater of:

(1) $25 for each month or portion of a month that the

report is delinquent; or

(2) an amount equal to the product of $0.01 and the

number of subscribers served by the carrier for each month

or portion of a month that the delinquent report is not

provided.

A penalty imposed in accordance with this subsection (g)

for a portion of a month during which the carrier provides the

number of subscribers by zip code as required under subsection

(e) of this Section shall be prorated for each day of that

month during which the carrier had not provided the number of

subscribers by zip code as required under subsection (e) of

this Section. Any penalty imposed under this subsection (g) is

in addition to any other penalty imposed under this Section.

(h) A penalty imposed and collected in accordance with

subsection (f) or (g) of this Section shall be deposited into

the Statewide 9-1-1 Fund for distribution according to Section

30 of this Act.

(i) The Illinois State Police Department may enforce the

collection of any delinquent amount and any penalty due and

unpaid under this Section by legal action or in any other

manner by which the collection of debts due the State of

Illinois may be enforced under the laws of this State. The

Illinois State Police Department may excuse the payment of any

penalty imposed under this Section if the Administrator

determines that the enforcement of this penalty is unjust.

(j) Notwithstanding any provision of law to the contrary,

nothing shall impair the right of wireless carriers to recover

compliance costs for all emergency communications services

that are not reimbursed out of the Wireless Carrier

Reimbursement Fund directly from their wireless subscribers by

line-item charges on the wireless subscriber's bill. Those

compliance costs include all costs incurred by wireless

carriers in complying with local, State, and federal

regulatory or legislative mandates that require the

transmission and receipt of emergency communications to and

from the general public, including, but not limited to,

E9-1-1.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/30)

(Section scheduled to be repealed on December 31, 2021)

Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

(a) A special fund in the State treasury known as the

Wireless Service Emergency Fund shall be renamed the Statewide

9-1-1 Fund. Any appropriations made from the Wireless Service

Emergency Fund shall be payable from the Statewide 9-1-1 Fund.

The Fund shall consist of the following:

(1) 9-1-1 wireless surcharges assessed under the

Wireless Emergency Telephone Safety Act.

(2) 9-1-1 surcharges assessed under Section 20 of this

Act.

(3) Prepaid wireless 9-1-1 surcharges assessed under

Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.

(4) Any appropriations, grants, or gifts made to the

Fund.

(5) Any income from interest, premiums, gains, or

other earnings on moneys in the Fund.

(6) Money from any other source that is deposited in

or transferred to the Fund.

(b) Subject to appropriation and availability of funds,

the Illinois State Police Department shall distribute the

9-1-1 surcharges monthly as follows:

(1) From each surcharge collected and remitted under

Section 20 of this Act:

(A) $0.013 shall be distributed monthly in equal

amounts to each County Emergency Telephone System

Board or qualified governmental entity in counties

with a population under 100,000 according to the most

recent census data which is authorized to serve as a

primary wireless 9-1-1 public safety answering point

for the county and to provide wireless 9-1-1 service

as prescribed by subsection (b) of Section 15.6a of

this Act, and which does provide such service.

(B) $0.033 shall be transferred by the Comptroller

at the direction of the Illinois State Police

Department to the Wireless Carrier Reimbursement Fund

until June 30, 2017; from July 1, 2017 through June 30,

2018, $0.026 shall be transferred; from July 1, 2018

through June 30, 2019, $0.020 shall be transferred;

from July 1, 2019, through June 30, 2020, $0.013 shall

be transferred; from July 1, 2020 through June 30,

2021, $0.007 will be transferred; and after June 30,

2021, no transfer shall be made to the Wireless

Carrier Reimbursement Fund.

(C) Until December 31, 2017, $0.007 and on and

after January 1, 2018, $0.017 shall be used to cover

the Illinois State Police's Department's

administrative costs.

(D) Beginning January 1, 2018, until June 30,

2020, $0.12, and on and after July 1, 2020, $0.04 shall

be used to make monthly proportional grants to the

appropriate 9-1-1 Authority currently taking wireless

9-1-1 based upon the United States Postal Zip Code of

the billing addresses of subscribers wireless

carriers.

(E) Until June 30, 2021, $0.05 shall be used by the

Illinois State Police Department for grants for

NG9-1-1 expenses, with priority given to 9-1-1

Authorities that provide 9-1-1 service within the

territory of a Large Electing Provider as defined in

Section 13-406.1 of the Public Utilities Act.

(F) On and after July 1, 2020, $0.13 shall be used

for the implementation of and continuing expenses for

the Statewide NG9-1-1 system.

(2) After disbursements under paragraph (1) of this

subsection (b), all remaining funds in the Statewide 9-1-1

Fund shall be disbursed in the following priority order:

(A) The Fund shall pay monthly to:

(i) the 9-1-1 Authorities that imposed

surcharges under Section 15.3 of this Act and were

required to report to the Illinois Commerce

Commission under Section 27 of the Wireless

Emergency Telephone Safety Act on October 1, 2014,

except a 9-1-1 Authority in a municipality with a

population in excess of 500,000, an amount equal

to the average monthly wireline and VoIP surcharge

revenue attributable to the most recent 12-month

period reported to the Illinois State Police

Department under that Section for the October 1,

2014 filing, subject to the power of the Illinois

State Police Department to investigate the amount

reported and adjust the number by order under

Article X of the Public Utilities Act, so that the

monthly amount paid under this item accurately

reflects one-twelfth of the aggregate wireline and

VoIP surcharge revenue properly attributable to

the most recent 12-month period reported to the

Commission; or

(ii) county qualified governmental entities

that did not impose a surcharge under Section 15.3

as of December 31, 2015, and counties that did not

impose a surcharge as of June 30, 2015, an amount

equivalent to their population multiplied by .37

multiplied by the rate of $0.69; counties that are

not county qualified governmental entities and

that did not impose a surcharge as of December 31,

2015, shall not begin to receive the payment

provided for in this subsection until E9-1-1 and

wireless E9-1-1 services are provided within their

counties; or

(iii) counties without 9-1-1 service that had

a surcharge in place by December 31, 2015, an

amount equivalent to their population multiplied

by .37 multiplied by their surcharge rate as

established by the referendum.

(B) All 9-1-1 network costs for systems outside of

municipalities with a population of at least 500,000

shall be paid by the Illinois State Police Department

directly to the vendors.

(C) All expenses incurred by the Administrator and

the Statewide 9-1-1 Advisory Board and costs

associated with procurement under Section 15.6b

including requests for information and requests for

proposals.

(D) Funds may be held in reserve by the Statewide

9-1-1 Advisory Board and disbursed by the Illinois

State Police Department for grants under Section 15.4b

of this Act and for NG9-1-1 expenses up to $12.5

million per year in State fiscal years 2016 and 2017;

up to $20 million in State fiscal year 2018; up to

$20.9 million in State fiscal year 2019; up to $15.3

million in State fiscal year 2020; up to $16.2 million

in State fiscal year 2021; up to $23.1 million in State

fiscal year 2022; and up to $17.0 million per year for

State fiscal year 2023 and each year thereafter. The

amount held in reserve in State fiscal years 2018 and

2019 shall not be less than $6.5 million.

Disbursements under this subparagraph (D) shall be

prioritized as follows: (i) consolidation grants

prioritized under subsection (a) of Section 15.4b of

this Act; (ii) NG9-1-1 expenses; and (iii)

consolidation grants under Section 15.4b of this Act

for consolidation expenses incurred between January 1,

2010, and January 1, 2016.

(E) All remaining funds per remit month shall be

used to make monthly proportional grants to the

appropriate 9-1-1 Authority currently taking wireless

9-1-1 based upon the United States Postal Zip Code of

the billing addresses of subscribers of wireless

carriers.

(c) The moneys deposited into the Statewide 9-1-1 Fund

under this Section shall not be subject to administrative

charges or chargebacks unless otherwise authorized by this

Act.

(d) Whenever two or more 9-1-1 Authorities consolidate,

the resulting Joint Emergency Telephone System Board shall be

entitled to the monthly payments that had theretofore been

made to each consolidating 9-1-1 Authority. Any reserves held

by any consolidating 9-1-1 Authority shall be transferred to

the resulting Joint Emergency Telephone System Board. Whenever

a county that has no 9-1-1 service as of January 1, 2016 enters

into an agreement to consolidate to create or join a Joint

Emergency Telephone System Board, the Joint Emergency

Telephone System Board shall be entitled to the monthly

payments that would have otherwise been paid to the county if

it had provided 9-1-1 service.

(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)

(50 ILCS 750/40)

(Section scheduled to be repealed on December 31, 2021)

Sec. 40. Financial reports.

(a) The Illinois State Police Department shall create

uniform accounting procedures, with such modification as may

be required to give effect to statutory provisions applicable

only to municipalities with a population in excess of 500,000,

that any emergency telephone system board, qualified

governmental entity, or unit of local government receiving

surcharge money pursuant to Section 15.3, 15.3a, or 30 of this

Act must follow.

(b) By January 31, 2018, and every January 31 thereafter,

each emergency telephone system board, qualified governmental

entity, or unit of local government receiving surcharge money

pursuant to Section 15.3, 15.3a, or 30 shall report to the

Illinois State Police Department audited financial statements

showing total revenue and expenditures for the period

beginning with the end of the period covered by the last

submitted report through the end of the previous calendar year

in a form and manner as prescribed by the Illinois State Police

Department. Such financial information shall include:

(1) a detailed summary of revenue from all sources

including, but not limited to, local, State, federal, and

private revenues, and any other funds received;

(2) all expenditures made during the reporting period

from distributions under this Act;

(3) call data and statistics, when available, from the

reporting period, as specified by the Illinois State

Police Department and collected in accordance with any

reporting method established or required by the Illinois

State Police Department;

(4) all costs associated with dispatching appropriate

public safety agencies to respond to 9-1-1 calls received

by the PSAP; and

(5) all funding sources and amounts of funding used

for costs described in paragraph (4) of this subsection

(b).

The emergency telephone system board, qualified

governmental entity, or unit of local government is

responsible for any costs associated with auditing such

financial statements. The Illinois State Police Department

shall post the audited financial statements on the Illinois

State Police's Department's website.

(c) Along with its audited financial statement, each

emergency telephone system board, qualified governmental

entity, or unit of local government receiving a grant under

Section 15.4b of this Act shall include a report of the amount

of grant moneys received and how the grant moneys were used. In

case of a conflict between this requirement and the Grant

Accountability and Transparency Act, or with the rules of the

Governor's Office of Management and Budget adopted thereunder,

that Act and those rules shall control.

(d) If an emergency telephone system board or qualified

governmental entity that receives funds from the Statewide

9-1-1 Fund fails to file the 9-1-1 system financial reports as

required under this Section, the Illinois State Police

Department shall suspend and withhold monthly disbursements

otherwise due to the emergency telephone system board or

qualified governmental entity under Section 30 of this Act

until the report is filed.

Any monthly disbursements that have been withheld for 12

months or more shall be forfeited by the emergency telephone

system board or qualified governmental entity and shall be

distributed proportionally by the Illinois State Police

Department to compliant emergency telephone system boards and

qualified governmental entities that receive funds from the

Statewide 9-1-1 Fund.

Any emergency telephone system board or qualified

governmental entity not in compliance with this Section shall

be ineligible to receive any consolidation grant or

infrastructure grant issued under this Act.

(e) The Illinois State Police Department may adopt

emergency rules necessary to implement the provisions of this

Section.

(f) Any findings or decisions of the Illinois State Police

Department under this Section shall be deemed a final

administrative decision and shall be subject to judicial

review under the Administrative Review Law.

(g) Beginning October 1, 2017, the Illinois State Police

Department shall provide a quarterly report to the Board of

its expenditures from the Statewide 9-1-1 Fund for the prior

fiscal quarter.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/50)

(Section scheduled to be repealed on December 31, 2021)

Sec. 50. Fund audits. The Auditor General shall conduct as

a part of its bi-annual audit, an audit of the Statewide 9-1-1

Fund and the Wireless Carrier Reimbursement Fund for

compliance with the requirements of this Act. The audit shall

include, but not be limited to, the following determinations:

(1) Whether detailed records of all receipts and

disbursements from the Statewide 9-1-1 Fund and the

Wireless Carrier Reimbursement Fund are being maintained.

(2) Whether administrative costs charged to the funds

are adequately documented and are reasonable.

(3) Whether the procedures for making disbursements

and grants and providing reimbursements in accordance with

the Act are adequate.

(4) The status of the implementation of statewide

9-1-1 service and Next Generation 9-1-1 service in

Illinois.

The Illinois Commerce Commission, the Illinois Department

of State Police, and any other entity or person that may have

information relevant to the audit shall cooperate fully and

promptly with the Office of the Auditor General in conducting

the audit. The Auditor General shall commence the audit as

soon as possible and distribute the report upon completion in

accordance with Section 3-14 of the Illinois State Auditing

Act.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/55)

(Section scheduled to be repealed on December 31, 2021)

Sec. 55. Public disclosure. Because of the highly

competitive nature of the telephone industry, public

disclosure of information about surcharge moneys paid by

carriers could have the effect of stifling competition to the

detriment of the public and the delivery of 9-1-1 services.

Therefore, the Illinois Commerce Commission, the Illinois

Department of State Police, governmental agencies, and

individuals with access to that information shall take

appropriate steps to prevent public disclosure of this

information. Information and data supporting the amount and

distribution of surcharge moneys collected and remitted by an

individual carrier shall be deemed exempt information for

purposes of the Freedom of Information Act and shall not be

publicly disclosed. The gross amount paid by all carriers

shall not be deemed exempt and may be publicly disclosed.

(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)

(50 ILCS 750/75)

(Section scheduled to be repealed on December 31, 2021)

Sec. 75. Transfer of rights, functions, powers, duties,

and property to Illinois Department of State Police; rules and

standards; savings provisions.

(a) On January 1, 2016, the rights, functions, powers, and

duties of the Illinois Commerce Commission as set forth in

this Act and the Wireless Emergency Telephone Safety Act

existing prior to January 1, 2016, are transferred to and

shall be exercised by the Illinois Department of State Police.

On or before January 1, 2016, the Commission shall transfer

and deliver to the Illinois State Police Department all books,

records, documents, property (real and personal), unexpended

appropriations, and pending business pertaining to the rights,

powers, duties, and functions transferred to the Illinois

State Police Department under Public Act 99-6.

(b) The rules and standards of the Commission that are in

effect on January 1, 2016 and that pertain to the rights,

powers, duties, and functions transferred to the Illinois

State Police Department under Public Act 99-6 shall become the

rules and standards of the Illinois State Police Department on

January 1, 2016, and shall continue in effect until amended or

repealed by the Illinois State Police Department.

Any rules pertaining to the rights, powers, duties, and

functions transferred to the Illinois State Police Department

under Public Act 99-6 that have been proposed by the

Commission but have not taken effect or been finally adopted

by January 1, 2016, shall become proposed rules of the

Illinois State Police Department on January 1, 2016, and any

rulemaking procedures that have already been completed by the

Commission for those proposed rules need not be repealed.

As soon as it is practical after January 1, 2016, the

Illinois State Police Department shall revise and clarify the

rules transferred to it under Public Act 99-6 to reflect the

transfer of rights, powers, duties, and functions effected by

Public Act 99-6 using the procedures for recodification of

rules available under the Illinois Administrative Procedure

Act, except that existing title, part, and section numbering

for the affected rules may be retained. The Illinois State

Police Department may propose and adopt under the Illinois

Administrative Procedure Act any other rules necessary to

consolidate and clarify those rules.

(c) The rights, powers, duties, and functions transferred

to the Illinois State Police Department by Public Act 99-6

shall be vested in and exercised by the Illinois State Police

Department subject to the provisions of this Act and the

Wireless Emergency Telephone Safety Act. An act done by the

Illinois State Police Department or an officer, employee, or

agent of the Illinois State Police Department in the exercise

of the transferred rights, powers, duties, and functions shall

have the same legal effect as if done by the Commission or an

officer, employee, or agent of the Commission.

The transfer of rights, powers, duties, and functions to

the Illinois State Police Department under Public Act 99-6

does not invalidate any previous action taken by or in respect

to the Commission, its officers, employees, or agents.

References to the Commission or its officers, employees, or

agents in any document, contract, agreement, or law shall, in

appropriate contexts, be deemed to refer to the Illinois State

Police Department or its officers, employees, or agents.

The transfer of rights, powers, duties, and functions to

the Illinois State Police Department under Public Act 99-6

does not affect any person's rights, obligations, or duties,

including any civil or criminal penalties applicable thereto,

arising out of those transferred rights, powers, duties, and

functions.

Public Act 99-6 does not affect any act done, ratified, or

cancelled, any right occurring or established, or any action

or proceeding commenced in an administrative, civil, or

criminal case before January 1, 2016. Any such action or

proceeding that pertains to a right, power, duty, or function

transferred to the Illinois State Police Department under

Public Act 99-6 that is pending on that date may be prosecuted,

defended, or continued by the Commission.

For the purposes of Section 9b of the State Finance Act,

the Illinois State Police Department is the successor to the

Commission with respect to the rights, duties, powers, and

functions transferred by Public Act 99-6.

(d) The Illinois State Police Department is authorized to

enter into an intergovernmental agreement with the Commission

for the purpose of having the Commission assist the Illinois

State Police Department and the Statewide 9-1-1 Administrator

in carrying out their duties and functions under this Act. The

agreement may provide for funding for the Commission for its

assistance to the Illinois State Police Department and the

Statewide 9-1-1 Administrator.

(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16;

100-20, eff. 7-1-17.)

(50 ILCS 750/80)

(Section scheduled to be repealed on December 31, 2021)

Sec. 80. Continuation of Act; validation.

(a) The General Assembly finds and declares that this

amendatory Act of the 100th General Assembly manifests the

intention of the General Assembly to extend the repeal of this

Act and have this Act continue in effect until December 31,

2020.

(b) This Section shall be deemed to have been in

continuous effect since July 1, 2017 and it shall continue to

be in effect henceforward until it is otherwise lawfully

repealed. All previously enacted amendments to this Act taking

effect on or after July 1, 2017, are hereby validated. All

actions taken in reliance on or under this Act by the Illinois

Department of State Police or any other person or entity are

hereby validated.

(c) In order to ensure the continuing effectiveness of

this Act, it is set forth in full and reenacted by this

amendatory Act of the 100th General Assembly. Striking and

underscoring are used only to show changes being made to the

base text. This reenactment is intended as a continuation of

this Act. It is not intended to supersede any amendment to this

Act that is enacted by the 100th General Assembly.

(Source: P.A. 100-20, eff. 7-1-17.)

Section 425. The Prepaid Wireless 9-1-1 Surcharge Act is

amended by changing Section 20 as follows:

(50 ILCS 753/20)

Sec. 20. Administration of prepaid wireless 9-1-1

surcharge.

(a) In the administration and enforcement of this Act, the

provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,

5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the

Retailers' Occupation Tax Act that are not inconsistent with

this Act, and Section 3-7 of the Uniform Penalty and Interest

Act shall apply, as far as practicable, to the subject matter

of this Act to the same extent as if those provisions were

included in this Act. References to "taxes" in these

incorporated Sections shall be construed to apply to the

administration, payment, and remittance of all surcharges

under this Act. The Department shall establish registration

and payment procedures that substantially coincide with the

registration and payment procedures that apply to the

Retailers' Occupation Tax Act.

(b) A seller shall be permitted to deduct and retain 3% of

prepaid wireless 9-1-1 surcharges that are collected by the

seller from consumers and that are remitted and timely filed

with the Department. Beginning January 1, 2018, the seller is

allowed to deduct and retain a portion of the prepaid wireless

9-1-1 surcharges as authorized by this subsection only if the

return is filed electronically as provided in Section 3 of the

Retailers' Occupation Tax Act. Sellers who demonstrate that

they do not have access to the Internet or demonstrate

hardship in filing electronically may petition the Department

to waive the electronic filing requirement.

(c) Other than the amounts for deposit into the Municipal

Wireless Service Emergency Fund, the Department shall pay to

the State Treasurer all prepaid wireless E911 charges,

penalties, and interest collected under this Act for deposit

into the Statewide 9-1-1 Fund. On or before the 25th day of

each calendar month, the Department shall prepare and certify

to the Comptroller the amount available to the Illinois

Department of State Police for distribution out of the

Statewide 9-1-1 Fund. The amount certified shall be the amount

(not including credit memoranda) collected during the second

preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts which

were erroneously paid to a different taxing body. The amount

paid to the Statewide 9-1-1 Fund shall not include any amount

equal to the amount of refunds made during the second

preceding calendar month by the Department of Revenue to

retailers under this Act or any amount that the Department

determines is necessary to offset any amounts which were

payable to a different taxing body but were erroneously paid

to the Statewide 9-1-1 Fund. The Illinois Department of State

Police shall distribute the funds in accordance with Section

30 of the Emergency Telephone Safety Act. The Department may

deduct an amount, not to exceed 2% of remitted charges, to be

transferred into the Tax Compliance and Administration Fund to

reimburse the Department for its direct costs of administering

the collection and remittance of prepaid wireless 9-1-1

surcharges.

(d) The Department shall administer the collection of all

9-1-1 surcharges and may adopt and enforce reasonable rules

relating to the administration and enforcement of the

provisions of this Act as may be deemed expedient. The

Department shall require all surcharges collected under this

Act to be reported on existing forms or combined forms,

including, but not limited to, Form ST-1. Any overpayments

received by the Department for liabilities reported on

existing or combined returns shall be applied as an

overpayment of retailers' occupation tax, use tax, service

occupation tax, or service use tax liability.

(e) If a home rule municipality having a population in

excess of 500,000 as of the effective date of this amendatory

Act of the 97th General Assembly imposes an E911 surcharge

under subsection (a-5) of Section 15 of this Act, then the

Department shall pay to the State Treasurer all prepaid

wireless E911 charges, penalties, and interest collected for

deposit into the Municipal Wireless Service Emergency Fund.

All deposits into the Municipal Wireless Service Emergency

Fund shall be held by the State Treasurer as ex officio

custodian apart from all public moneys or funds of this State.

Any interest attributable to moneys in the Fund must be

deposited into the Fund. Moneys in the Municipal Wireless

Service Emergency Fund are not subject to appropriation. On or

before the 25th day of each calendar month, the Department

shall prepare and certify to the Comptroller the amount

available for disbursement to the home rule municipality out

of the Municipal Wireless Service Emergency Fund. The amount

to be paid to the Municipal Wireless Service Emergency Fund

shall be the amount (not including credit memoranda) collected

during the second preceding calendar month by the Department

plus an amount the Department determines is necessary to

offset any amounts which were erroneously paid to a different

taxing body. The amount paid to the Municipal Wireless Service

Emergency Fund shall not include any amount equal to the

amount of refunds made during the second preceding calendar

month by the Department to retailers under this Act or any

amount that the Department determines is necessary to offset

any amounts which were payable to a different taxing body but

were erroneously paid to the Municipal Wireless Service

Emergency Fund. Within 10 days after receipt by the

Comptroller of the certification provided for in this

subsection, the Comptroller shall cause the orders to be drawn

for the respective amounts in accordance with the directions

in the certification. The Department may deduct an amount, not

to exceed 2% of remitted charges, to be transferred into the

Tax Compliance and Administration Fund to reimburse the

Department for its direct costs of administering the

collection and remittance of prepaid wireless 9-1-1

surcharges.

(Source: P.A. 99-6, eff. 1-1-16; 100-303, eff. 8-24-17.)

Section 430. The Counties Code is amended by changing

Section 3-3013 as follows:

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever,

as soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal or accidental, including but not

limited to deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical or radiational

injury, or a complication of any of them, or by drowning or

suffocation, or as a result of domestic violence as

defined in the Illinois Domestic Violence Act of 1986;

(b) A death due to a sex crime;

(c) A death where the circumstances are suspicious,

obscure, mysterious or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take charge

of the same and shall make a preliminary investigation into

the circumstances of the death. In the case of death without

attendance by a licensed physician the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify

such physician as is designated in accordance with Section

3-3014 to attempt to ascertain the cause of death, either by

autopsy or otherwise.

In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected

operator of a motor vehicle, or (2) a pedestrian 16 years of

age or older, the coroner shall require that a blood specimen

of at least 30 cc., and if medically possible a urine specimen

of at least 30 cc. or as much as possible up to 30 cc., be

withdrawn from the body of the decedent in a timely fashion

after the accident causing his death, by such physician as has

been designated in accordance with Section 3-3014, or by the

coroner or deputy coroner or a qualified person designated by

such physician, coroner, or deputy coroner. If the county does

not maintain laboratory facilities for making such analysis,

the blood and urine so drawn shall be sent to the Illinois

Department of State Police or any other accredited or

State-certified laboratory for analysis of the alcohol, carbon

monoxide, and dangerous or narcotic drug content of such blood

and urine specimens. Each specimen submitted shall be

accompanied by pertinent information concerning the decedent

upon a form prescribed by such laboratory. Any person drawing

blood and urine and any person making any examination of the

blood and urine under the terms of this Division shall be

immune from all liability, civil or criminal, that might

otherwise be incurred or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e)

above, blood, and whenever possible, urine samples shall be

analyzed for the presence of alcohol and other drugs. When the

coroner suspects that drugs may have been involved in the

death, either directly or indirectly, a toxicological

examination shall be performed which may include analyses of

blood, urine, bile, gastric contents and other tissues. When

the coroner suspects a death is due to toxic substances, other

than drugs, the coroner shall consult with the toxicologist

prior to collection of samples. Information submitted to the

toxicologist shall include information as to height, weight,

age, sex and race of the decedent as well as medical history,

medications used by and the manner of death of decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained), whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. For proper preservation of

the specimens, collected blood and buccal specimens shall be

dried and tissue specimens shall be frozen if available

equipment exists. As soon as possible, but no later than 30

days after the collection of the specimens, the coroner or

medical examiner shall release those specimens to the police

agency responsible for investigating the death. As soon as

possible, but no later than 30 days after the receipt from the

coroner or medical examiner, the police agency shall submit

the specimens using the agency case number to a National DNA

Index System (NDIS) participating laboratory within this

State, such as the Illinois Department of State Police,

Division of Forensic Services, for analysis and categorizing

into genetic marker groupings. The results of the analysis and

categorizing into genetic marker groupings shall be provided

to the Illinois Department of State Police and shall be

maintained by the Illinois Department of State Police in the

State central repository in the same manner, and subject to

the same conditions, as provided in Section 5-4-3 of the

Unified Code of Corrections. The requirements of this

paragraph are in addition to any other findings, specimens, or

information that the coroner or medical examiner is required

to provide during the conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide,

or accidental death or in other cases, within the discretion

of the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgment acknowledgement which the coroner deems

practical and provides a reliable proof of service. The

summons may be served by first class mail. From the 8 persons

so summoned, the coroner shall select 6 to serve as the jury

for the inquest. Inquests may be continued from time to time,

as the coroner may deem necessary. The 6 jurors selected in a

given case may view the body of the deceased. If at any

continuation of an inquest one or more of the original jurors

shall be unable to continue to serve, the coroner shall fill

the vacancy or vacancies. A juror serving pursuant to this

paragraph shall receive compensation from the county at the

same rate as the rate of compensation that is paid to petit or

grand jurors in the county. The coroner shall furnish to each

juror without fee at the time of his discharge a certificate of

the number of days in attendance at an inquest, and, upon being

presented with such certificate, the county treasurer shall

pay to the juror the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, the

coroner may conduct an inquest. The jury commission shall

provide at least 8 jurors to the coroner, from whom the coroner

shall select any 6 to serve as the jury for the inquest.

Inquests may be continued from time to time as the coroner may

deem necessary. The 6 jurors originally chosen in a given case

may view the body of the deceased. If at any continuation of an

inquest one or more of the 6 jurors originally chosen shall be

unable to continue to serve, the coroner shall fill the

vacancy or vacancies. At the coroner's discretion, additional

jurors to fill such vacancies shall be supplied by the jury

commission. A juror serving pursuant to this paragraph in such

county shall receive compensation from the county at the same

rate as the rate of compensation that is paid to petit or grand

jurors in the county.

In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report the

death to the Office of the State Fire Marshal. The coroner

shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in

a manner that is agreed upon by the coroner and the State Fire

Marshal.

In every case in which a drug overdose is determined to be

the cause or a contributing factor in the death, the coroner or

medical examiner shall report the death to the Department of

Public Health. The Department of Public Health shall adopt

rules regarding specific information that must be reported in

the event of such a death. If possible, the coroner shall

report the cause of the overdose. As used in this Section,

"overdose" has the same meaning as it does in Section 414 of

the Illinois Controlled Substances Act. The Department of

Public Health shall issue a semiannual report to the General

Assembly summarizing the reports received. The Department

shall also provide on its website a monthly report of overdose

death figures organized by location, age, and any other

factors, the Department deems appropriate.

In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coroner

shall report the death to the Illinois Department of State

Police.

All deaths in State institutions and all deaths of wards

of the State or youth in care as defined in Section 4d of the

Children and Family Services Act in private care facilities or

in programs funded by the Department of Human Services under

its powers relating to mental health and developmental

disabilities or alcoholism and substance abuse or funded by

the Department of Children and Family Services shall be

reported to the coroner of the county in which the facility is

located. If the coroner has reason to believe that an

investigation is needed to determine whether the death was

caused by maltreatment or negligent care of the ward of the

State or youth in care as defined in Section 4d of the Children

and Family Services Act, the coroner may conduct a preliminary

investigation of the circumstances of such death as in cases

of death under circumstances set forth in paragraphs (a)

through (e) of this Section.

(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)

Section 435. The Illinois Municipal Code is amended by

changing Sections 10-1-7.1, 10-2.1-6, 10-2.1-6.1, 10-2.1-6.2,

10-2.1-6.3, and 11-32-1 as follows:

(65 ILCS 5/10-1-7.1)

Sec. 10-1-7.1. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow

the provisions of Section 10-1-7.2, this Section shall apply

to all original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after August 4, 2011 (the effective date of Public Act

97-251) this amendatory Act of the 97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in the manner provided for in this Section. Provisions of the

Illinois Municipal Code, municipal ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A home rule or non-home rule municipality may not

administer its fire department process for original

appointments in a manner that is less stringent than this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of the powers and

functions exercised by the State.

A municipality that is operating under a court order or

consent decree regarding original appointments to a full-time

fire department before August 4, 2011 (the effective date of

Public Act 97-251) this amendatory Act of the 97th General

Assembly is exempt from the requirements of this Section for

the duration of the court order or consent decree.

Notwithstanding any other provision of this subsection

(a), this Section does not apply to a municipality with more

than 1,000,000 inhabitants.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

established by this Section. Only persons who meet or exceed

the performance standards required by this Section shall be

placed on a register of eligibles for original appointment to

an affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new

position or vacancy due to resignation, discharge, promotion,

death, the granting of a disability or retirement pension, or

any other cause, the appointing authority shall appoint to

that position the person with the highest ranking on the final

eligibility list. If the appointing authority has reason to

conclude that the highest ranked person fails to meet the

minimum standards for the position or if the appointing

authority believes an alternate candidate would better serve

the needs of the department, then the appointing authority has

the right to pass over the highest ranked person and appoint

either: (i) any person who has a ranking in the top 5% of the

register of eligibles or (ii) any person who is among the top 5

highest ranked persons on the list of eligibles if the number

of people who have a ranking in the top 5% of the register of

eligibles is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall

not prejudice a person's opportunities to participate in

future examinations, including an examination held during the

time a candidate is already on the municipality's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the Civil Service Commission. All

certificates of appointment issued to any officer or member of

an affected department shall be signed by the chairperson and

secretary, respectively, of the commission upon appointment of

such officer or member to the affected department by the

commission. After being selected from the register of

eligibles to fill a vacancy in the affected department, each

appointee shall be presented with his or her certificate of

appointment on the day on which he or she is sworn in as a

classified member of the affected department. Firefighters who

were not issued a certificate of appointment when originally

appointed shall be provided with a certificate within 10 days

after making a written request to the chairperson of the Civil

Service Commission. Each person who accepts a certificate of

appointment and successfully completes his or her probationary

period shall be enrolled as a firefighter and as a regular

member of the fire department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after August 4, 2011 (the

effective date of Public Act 97-251) this amendatory Act of

the 97th General Assembly appointed to a fire department or

fire protection district or employed by a State university and

sworn or commissioned to perform firefighter duties or

paramedic duties, or both, except that the following persons

are not included: part-time firefighters; auxiliary, reserve,

or voluntary firefighters, including paid-on-call

firefighters; clerks and dispatchers or other civilian

employees of a fire department or fire protection district who

are not routinely expected to perform firefighter duties; and

elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required

of members of the fire department in order to provide the

highest quality of service to the public. To this end, all

applicants for original appointment to an affected fire

department shall be subject to examination and testing which

shall be public, competitive, and open to all applicants

unless the municipality shall by ordinance limit applicants to

residents of the municipality, county or counties in which the

municipality is located, State, or nation. Any examination and

testing procedure utilized under subsection (e) of this

Section shall be supported by appropriate validation evidence

and shall comply with all applicable State and federal laws.

Municipalities may establish educational, emergency medical

service licensure, and other prerequisites prerequites for

participation in an examination or for hire as a firefighter.

Any municipality may charge a fee to cover the costs of the

application process.

Residency requirements in effect at the time an individual

enters the fire service of a municipality cannot be made more

restrictive for that individual during his or her period of

service for that municipality, or be made a condition of

promotion, except for the rank or position of fire chief and

for no more than 2 positions that rank immediately below that

of the chief rank which are appointed positions pursuant to

the Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the

municipality, except as provided in this Section. The age

limitation does not apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located

in Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section

21 of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district,

(2) any person who has served a municipality as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the municipality begins to use full-time firefighters

to provide all or part of its fire protection service, or

(3) any person who turned 35 while serving as a member

of the active or reserve components of any of the branches

of the Armed Forces of the United States or the National

Guard of any state, whose service was characterized as

honorable or under honorable, if separated from the

military, and is currently under the age of 40.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

municipality or their designees and agents.

No municipality shall require that any firefighter

appointed to the lowest rank serve a probationary employment

period of longer than one year of actual active employment,

which may exclude periods of training, or injury or illness

leaves, including duty related leave, in excess of 30 calendar

days. Notwithstanding anything to the contrary in this

Section, the probationary employment period limitation may be

extended for a firefighter who is required, as a condition of

employment, to be a licensed paramedic, during which time the

sole reason that a firefighter may be discharged without a

hearing is for failing to meet the requirements for paramedic

licensure.

In the event that any applicant who has been found

eligible for appointment and whose name has been placed upon

the final eligibility register provided for in this Division 1

has not been appointed to a firefighter position within one

year after the date of his or her physical ability

examination, the commission may cause a second examination to

be made of that applicant's physical ability prior to his or

her appointment. If, after the second examination, the

physical ability of the applicant shall be found to be less

than the minimum standard fixed by the rules of the

commission, the applicant shall not be appointed. The

applicant's name may be retained upon the register of

candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again

examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the municipality, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the municipality, or (ii) on the

municipality's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on

the final register of eligibles. The examination may also

include a subjective component based on merit criteria as

determined by the commission. Scores from the examination must

be made available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written

examinations shall be administered in a manner that ensures

the security and accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform

the essential functions included in the duties they may be

called upon to perform as a member of a fire department. For

the purposes of this Section, essential functions of the job

are functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties

including grip strength, leg strength, and arm strength.

Tests shall be conducted under anaerobic as well as

aerobic conditions to test both the candidate's speed and

endurance in performing tasks and evolutions. Tasks tested

may be based on standards developed, or approved, by the

local appointing authority.

(2) The ability to climb ladders, operate from

heights, walk or crawl in the dark along narrow and uneven

surfaces, and operate in proximity to hazardous

environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of

proctors and monitors, open to the public, and subject to

reasonable regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the commission so as to demonstrate a candidate's ability to

perform the essential functions of the job. The minimum score

set by the commission shall be supported by appropriate

validation evidence and shall comply with all applicable State

and federal laws. The appointing authority may conduct the

physical ability component and any subjective components

subsequent to the posting of the preliminary eligibility

register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score set by the

commission. The local appointing authority may prescribe the

score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of

persons whose total score is not less than the minimum score

for passage and who have passed the physical ability

examination. These persons shall take rank upon the register

as candidates in the order of their relative excellence based

on the highest to the lowest total points scored on the mental

aptitude, subjective component, and preference components of

the test administered in accordance with this Section. No more

than 60 days after each examination, an initial eligibility

list shall be posted by the commission. The list shall include

the final grades of the candidates without reference to

priority of the time of examination and subject to claim for

preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference

to priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in

the military service of the United States for a period of

at least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field

of fire service or emergency medical services, or a

bachelor's degree from an accredited college or university

may be preferred for appointment to and employment with

the fire department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic may be preferred for appointment to

and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

municipality who have been paid-on-call or part-time

certified Firefighter II, certified Firefighter III, State

of Illinois or nationally licensed EMT, EMT-I, A-EMT, or

paramedic, or any combination of those capacities may be

awarded up to a maximum of 5 points. However, the

applicant may not be awarded more than 0.5 points for each

complete year of paid-on-call or part-time service.

Applicants from outside the municipality who were employed

as full-time firefighters or firefighter-paramedics by a

fire protection district or another municipality may be

awarded up to 5 experience preference points. However, the

applicant may not be awarded more than one point for each

complete year of full-time service.

Upon request by the commission, the governing body of

the municipality or in the case of applicants from outside

the municipality the governing body of any fire protection

district or any other municipality shall certify to the

commission, within 10 days after the request, the number

of years of successful paid-on-call, part-time, or

full-time service of any person. A candidate may not

receive the full amount of preference points under this

subsection if the amount of points awarded would place the

candidate before a veteran on the eligibility list. If

more than one candidate receiving experience preference

points is prevented from receiving all of their points due

to not being allowed to pass a veteran, the candidates

shall be placed on the list below the veteran in rank order

based on the totals received if all points under this

subsection were to be awarded. Any remaining ties on the

list shall be determined by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction may be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(7.5) Apprentice preferences. A person who has

performed fire suppression service for a department as a

firefighter apprentice and otherwise meets meet the

qualifications for original appointment as a firefighter

specified in this Section may be awarded up to 20

preference points. To qualify for preference points, an

applicant shall have completed a minimum of 600 hours of

fire suppression work on a regular shift for the affected

fire department over a 12-month period. The fire

suppression work must be in accordance with Section

10-1-14 of this Division and the terms established by a

Joint Apprenticeship Committee included in a collective

bargaining agreement agreed between the employer and its

certified bargaining agent. An eligible applicant must

apply to the Joint Apprenticeship Committee for preference

points under this item. The Joint Apprenticeship Committee

shall evaluate the merit of the applicant's performance,

determine the preference points to be awarded, and certify

the amount of points awarded to the commissioners. The

commissioners may add the certified preference points to

the final grades achieved by the applicant on the other

components of the examination.

(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission may give preference for original appointment to

persons designated in item (7.5) by adding to the final

grade the amount of points designated by the Joint

Apprenticeship Committee as defined in item (7.5). The

commission shall determine the number of preference points

for each category, except (1) and (7.5). The number of

preference points for each category shall range from 0 to

5, except item (7.5). In determining the number of

preference points, the commission shall prescribe that if

a candidate earns the maximum number of preference points

in all categories except item (7.5), that number may not

be less than 10 nor more than 30. The commission shall give

preference for original appointment to persons designated

in items (2) through (7) by adding the requisite number of

points to the final grade for each recognized preference

achieved. The numerical result thus attained shall be

applied by the commission in determining the final

eligibility list and appointment from the eligibility

list. The local appointing authority may prescribe the

total number of preference points awarded under this

Section, but the total number of preference points, except

item (7.5), shall not be less than 10 points or more than

30 points. Apprentice preference points may be added in

addition to other preference points awarded by the

commission.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference shall be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit shall make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim shall be deemed waived. Final

eligibility registers shall be established after the awarding

of verified preference points. However, apprentice preference

credit earned subsequent to the establishment of the final

eligibility register may be applied to the applicant's score

upon certification by the Joint Apprenticeship Committee to

the commission and the rank order of candidates on the final

eligibility register shall be adjusted accordingly. All

employment shall be subject to the commission's initial hire

background review including, but not limited to, criminal

history, employment history, moral character, oral

examination, and medical and psychological examinations, all

on a pass-fail basis. The medical and psychological

examinations must be conducted last, and may only be performed

after a conditional offer of employment has been extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates

for original appointment after the names have been on the list

for more than 2 years.

(i) Moral character. No person shall be appointed to a

fire department unless he or she is a person of good character;

not a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and

subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of

1961 or the Criminal Code of 2012, or arrest for any cause

without conviction thereon. Any such person who is in the

department may be removed on charges brought for violating

this subsection and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to

the Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois State Police Law of the Civil Administrative Code of

Illinois, the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files as is necessary to

fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Division, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or

otherwise knowingly violates or subverts any requirement of

this Section, commits a violation of this Section and may be

subject to charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;

revised 11-26-19.)

(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)

Sec. 10-2.1-6. Examination of applicants;

disqualifications.

(a) All applicants for a position in either the fire or

police department of the municipality shall be under 35 years

of age, shall be subject to an examination that shall be

public, competitive, and open to all applicants (unless the

council or board of trustees by ordinance limit applicants to

electors of the municipality, county, state or nation) and

shall be subject to reasonable limitations as to residence,

health, habits, and moral character. The municipality may not

charge or collect any fee from an applicant who has met all

prequalification standards established by the municipality for

any such position. With respect to a police department, a

veteran shall be allowed to exceed the maximum age provision

of this Section by the number of years served on active

military duty, but by no more than 10 years of active military

duty.

(b) Residency requirements in effect at the time an

individual enters the fire or police service of a municipality

(other than a municipality that has more than 1,000,000

inhabitants) cannot be made more restrictive for that

individual during his period of service for that municipality,

or be made a condition of promotion, except for the rank or

position of Fire or Police Chief.

(c) No person with a record of misdemeanor convictions

except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,

11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,

31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions

(a)(1) and (a)(2)(C) of Section 11-14.3, and subsections (1),

(6) and (8) of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or arrested for any cause but not

convicted on that cause shall be disqualified from taking the

examination to qualify for a position in the fire department

on grounds of habits or moral character.

(d) The age limitation in subsection (a) does not apply

(i) to any person previously employed as a policeman or

fireman in a regularly constituted police or fire department

of (I) any municipality, regardless of whether the

municipality is located in Illinois or in another state, or

(II) a fire protection district whose obligations were assumed

by a municipality under Section 21 of the Fire Protection

District Act, (ii) to any person who has served a municipality

as a regularly enrolled volunteer fireman for 5 years

immediately preceding the time that municipality begins to use

full time firemen to provide all or part of its fire protection

service, or (iii) to any person who has served as an auxiliary

police officer under Section 3.1-30-20 for at least 5 years

and is under 40 years of age, (iv) to any person who has served

as a deputy under Section 3-6008 of the Counties Code and

otherwise meets necessary training requirements, or (v) to any

person who has served as a sworn officer as a member of the

Illinois Department of State Police.

(e) Applicants who are 20 years of age and who have

successfully completed 2 years of law enforcement studies at

an accredited college or university may be considered for

appointment to active duty with the police department. An

applicant described in this subsection (e) who is appointed to

active duty shall not have power of arrest, nor shall the

applicant be permitted to carry firearms, until he or she

reaches 21 years of age.

(f) Applicants who are 18 years of age and who have

successfully completed 2 years of study in fire techniques,

amounting to a total of 4 high school credits, within the cadet

program of a municipality may be considered for appointment to

active duty with the fire department of any municipality.

(g) The council or board of trustees may by ordinance

provide that persons residing outside the municipality are

eligible to take the examination.

(h) The examinations shall be practical in character and

relate to those matters that will fairly test the capacity of

the persons examined to discharge the duties of the positions

to which they seek appointment. No person shall be appointed

to the police or fire department if he or she does not possess

a high school diploma or an equivalent high school education.

A board of fire and police commissioners may, by its rules,

require police applicants to have obtained an associate's

degree or a bachelor's degree as a prerequisite for

employment. The examinations shall include tests of physical

qualifications and health. A board of fire and police

commissioners may, by its rules, waive portions of the

required examination for police applicants who have previously

been full-time sworn officers of a regular police department

in any municipal, county, university, or State law enforcement

agency, provided they are certified by the Illinois Law

Enforcement Training Standards Board and have been with their

respective law enforcement agency within the State for at

least 2 years. No person shall be appointed to the police or

fire department if he or she has suffered the amputation of any

limb unless the applicant's duties will be only clerical or as

a radio operator. No applicant shall be examined concerning

his or her political or religious opinions or affiliations.

The examinations shall be conducted by the board of fire and

police commissioners of the municipality as provided in this

Division 2.1.

The requirement that a police applicant possess an

associate's degree under this subsection may be waived if one

or more of the following applies: (1) the applicant has served

for 24 months of honorable active duty in the United States

Armed Forces and has not been discharged dishonorably or under

circumstances other than honorable; (2) the applicant has

served for 180 days of active duty in the United States Armed

Forces in combat duty recognized by the Department of Defense

and has not been discharged dishonorably or under

circumstances other than honorable; or (3) the applicant has

successfully received credit for a minimum of 60 credit hours

toward a bachelor's degree from an accredited college or

university.

The requirement that a police applicant possess a

bachelor's degree under this subsection may be waived if one

or more of the following applies: (1) the applicant has served

for 36 months of honorable active duty in the United States

Armed Forces and has not been discharged dishonorably or under

circumstances other than honorable or (2) the applicant has

served for 180 days of active duty in the United States Armed

Forces in combat duty recognized by the Department of Defense

and has not been discharged dishonorably or under

circumstances other than honorable.

(i) No person who is classified by his local selective

service draft board as a conscientious objector, or who has

ever been so classified, may be appointed to the police

department.

(j) No person shall be appointed to the police or fire

department unless he or she is a person of good character and

not an habitual drunkard, gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude. No

person, however, shall be disqualified from appointment to the

fire department because of his or her record of misdemeanor

convictions except those under Sections 11-1.50, 11-6, 11-7,

11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,

12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,

31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,

subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and

subsections (1), (6) and (8) of Section 24-1 of the Criminal

Code of 1961 or the Criminal Code of 2012, or arrest for any

cause without conviction on that cause. Any such person who is

in the department may be removed on charges brought and after a

trial as provided in this Division 2.1.

(Source: P.A. 100-467, eff. 9-8-17.)

(65 ILCS 5/10-2.1-6.1) (from Ch. 24, par. 10-2.1-6.1)

Sec. 10-2.1-6.1. A classifiable set of the fingerprints of

every person who is now employed, or who hereafter becomes

employed, as a full time member of a regular fire or police

department of any municipality in this State, whether with or

without compensation, shall be furnished to the Illinois

Department of State Police and to the Federal Bureau of

Investigation by the board of fire or police commissioners or

other appropriate appointing authority, as the case may be.

(Source: P.A. 84-25.)

(65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)

Sec. 10-2.1-6.2. Whenever the Board of Fire and Police

Commissioners is authorized or required by law to consider

some aspect of criminal history record information for the

purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

such information contained in State files as is necessary to

fulfill the request.

(Source: P.A. 91-239, eff. 1-1-00.)

(65 ILCS 5/10-2.1-6.3)

Sec. 10-2.1-6.3. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow

the provisions of Section 10-2.1-6.4, this Section shall apply

to all original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after August 4, 2011 (the effective date of Public Act

97-251) this amendatory Act of the 97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in the manner provided for in this Section. Provisions of the

Illinois Municipal Code, municipal ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A home rule or non-home rule municipality may not

administer its fire department process for original

appointments in a manner that is less stringent than this

Section. This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of the powers and

functions exercised by the State.

A municipality that is operating under a court order or

consent decree regarding original appointments to a full-time

fire department before August 4, 2011 (the effective date of

Public Act 97-251) this amendatory Act of the 97th General

Assembly is exempt from the requirements of this Section for

the duration of the court order or consent decree.

Notwithstanding any other provision of this subsection

(a), this Section does not apply to a municipality with more

than 1,000,000 inhabitants.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

established by this Section. Only persons who meet or exceed

the performance standards required by this Section shall be

placed on a register of eligibles for original appointment to

an affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new

position or vacancy due to resignation, discharge, promotion,

death, the granting of a disability or retirement pension, or

any other cause, the appointing authority shall appoint to

that position the person with the highest ranking on the final

eligibility list. If the appointing authority has reason to

conclude that the highest ranked person fails to meet the

minimum standards for the position or if the appointing

authority believes an alternate candidate would better serve

the needs of the department, then the appointing authority has

the right to pass over the highest ranked person and appoint

either: (i) any person who has a ranking in the top 5% of the

register of eligibles or (ii) any person who is among the top 5

highest ranked persons on the list of eligibles if the number

of people who have a ranking in the top 5% of the register of

eligibles is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall

not prejudice a person's opportunities to participate in

future examinations, including an examination held during the

time a candidate is already on the municipality's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the board of fire and police commissioners.

All certificates of appointment issued to any officer or

member of an affected department shall be signed by the

chairperson and secretary, respectively, of the board upon

appointment of such officer or member to the affected

department by action of the board. After being selected from

the register of eligibles to fill a vacancy in the affected

department, each appointee shall be presented with his or her

certificate of appointment on the day on which he or she is

sworn in as a classified member of the affected department.

Firefighters who were not issued a certificate of appointment

when originally appointed shall be provided with a certificate

within 10 days after making a written request to the

chairperson of the board of fire and police commissioners.

Each person who accepts a certificate of appointment and

successfully completes his or her probationary period shall be

enrolled as a firefighter and as a regular member of the fire

department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after August 4, 2011 (the

effective date of Public Act 97-251) this amendatory Act of

the 97th General Assembly appointed to a fire department or

fire protection district or employed by a State university and

sworn or commissioned to perform firefighter duties or

paramedic duties, or both, except that the following persons

are not included: part-time firefighters; auxiliary, reserve,

or voluntary firefighters, including paid-on-call

firefighters; clerks and dispatchers or other civilian

employees of a fire department or fire protection district who

are not routinely expected to perform firefighter duties; and

elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required

of members of the fire department in order to provide the

highest quality of service to the public. To this end, all

applicants for original appointment to an affected fire

department shall be subject to examination and testing which

shall be public, competitive, and open to all applicants

unless the municipality shall by ordinance limit applicants to

residents of the municipality, county or counties in which the

municipality is located, State, or nation. Any examination and

testing procedure utilized under subsection (e) of this

Section shall be supported by appropriate validation evidence

and shall comply with all applicable State and federal laws.

Municipalities may establish educational, emergency medical

service licensure, and other prerequisites prerequites for

participation in an examination or for hire as a firefighter.

Any municipality may charge a fee to cover the costs of the

application process.

Residency requirements in effect at the time an individual

enters the fire service of a municipality cannot be made more

restrictive for that individual during his or her period of

service for that municipality, or be made a condition of

promotion, except for the rank or position of fire chief and

for no more than 2 positions that rank immediately below that

of the chief rank which are appointed positions pursuant to

the Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the

municipality, except as provided in this Section. The age

limitation does not apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located

in Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section

21 of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district,

(2) any person who has served a municipality as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the municipality begins to use full-time firefighters

to provide all or part of its fire protection service, or

(3) any person who turned 35 while serving as a member

of the active or reserve components of any of the branches

of the Armed Forces of the United States or the National

Guard of any state, whose service was characterized as

honorable or under honorable, if separated from the

military, and is currently under the age of 40.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

municipality or their designees and agents.

No municipality shall require that any firefighter

appointed to the lowest rank serve a probationary employment

period of longer than one year of actual active employment,

which may exclude periods of training, or injury or illness

leaves, including duty related leave, in excess of 30 calendar

days. Notwithstanding anything to the contrary in this

Section, the probationary employment period limitation may be

extended for a firefighter who is required, as a condition of

employment, to be a licensed paramedic, during which time the

sole reason that a firefighter may be discharged without a

hearing is for failing to meet the requirements for paramedic

licensure.

In the event that any applicant who has been found

eligible for appointment and whose name has been placed upon

the final eligibility register provided for in this Section

has not been appointed to a firefighter position within one

year after the date of his or her physical ability

examination, the commission may cause a second examination to

be made of that applicant's physical ability prior to his or

her appointment. If, after the second examination, the

physical ability of the applicant shall be found to be less

than the minimum standard fixed by the rules of the

commission, the applicant shall not be appointed. The

applicant's name may be retained upon the register of

candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again

examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the municipality, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the municipality, or (ii) on the

municipality's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on

the final register of eligibles. The examination may also

include a subjective component based on merit criteria as

determined by the commission. Scores from the examination must

be made available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written

examinations shall be administered in a manner that ensures

the security and accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform

the essential functions included in the duties they may be

called upon to perform as a member of a fire department. For

the purposes of this Section, essential functions of the job

are functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties

including grip strength, leg strength, and arm strength.

Tests shall be conducted under anaerobic as well as

aerobic conditions to test both the candidate's speed and

endurance in performing tasks and evolutions. Tasks tested

may be based on standards developed, or approved, by the

local appointing authority.

(2) The ability to climb ladders, operate from

heights, walk or crawl in the dark along narrow and uneven

surfaces, and operate in proximity to hazardous

environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of

proctors and monitors, open to the public, and subject to

reasonable regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the commission so as to demonstrate a candidate's ability to

perform the essential functions of the job. The minimum score

set by the commission shall be supported by appropriate

validation evidence and shall comply with all applicable State

and federal laws. The appointing authority may conduct the

physical ability component and any subjective components

subsequent to the posting of the preliminary eligibility

register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score as set by

the commission. The local appointing authority may prescribe

the score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of

persons whose total score is not less than the minimum score

for passage and who have passed the physical ability

examination. These persons shall take rank upon the register

as candidates in the order of their relative excellence based

on the highest to the lowest total points scored on the mental

aptitude, subjective component, and preference components of

the test administered in accordance with this Section. No more

than 60 days after each examination, an initial eligibility

list shall be posted by the commission. The list shall include

the final grades of the candidates without reference to

priority of the time of examination and subject to claim for

preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference

to priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in

the military service of the United States for a period of

at least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field

of fire service or emergency medical services, or a

bachelor's degree from an accredited college or university

may be preferred for appointment to and employment with

the fire department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic shall be preferred for appointment

to and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

municipality who have been paid-on-call or part-time

certified Firefighter II, State of Illinois or nationally

licensed EMT, EMT-I, A-EMT, or any combination of those

capacities shall be awarded 0.5 point for each year of

successful service in one or more of those capacities, up

to a maximum of 5 points. Certified Firefighter III and

State of Illinois or nationally licensed paramedics shall

be awarded one point per year up to a maximum of 5 points.

Applicants from outside the municipality who were employed

as full-time firefighters or firefighter-paramedics by a

fire protection district or another municipality for at

least 2 years shall be awarded 5 experience preference

points. These additional points presuppose a rating scale

totaling 100 points available for the eligibility list. If

more or fewer points are used in the rating scale for the

eligibility list, the points awarded under this subsection

shall be increased or decreased by a factor equal to the

total possible points available for the examination

divided by 100.

Upon request by the commission, the governing body of

the municipality or in the case of applicants from outside

the municipality the governing body of any fire protection

district or any other municipality shall certify to the

commission, within 10 days after the request, the number

of years of successful paid-on-call, part-time, or

full-time service of any person. A candidate may not

receive the full amount of preference points under this

subsection if the amount of points awarded would place the

candidate before a veteran on the eligibility list. If

more than one candidate receiving experience preference

points is prevented from receiving all of their points due

to not being allowed to pass a veteran, the candidates

shall be placed on the list below the veteran in rank order

based on the totals received if all points under this

subsection were to be awarded. Any remaining ties on the

list shall be determined by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction shall be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(7.5) Apprentice preferences. A person who has

performed fire suppression service for a department as a

firefighter apprentice and otherwise meets meet the

qualifications for original appointment as a firefighter

specified in this Section is are eligible to be awarded up

to 20 preference points. To qualify for preference points,

an applicant shall have completed a minimum of 600 hours

of fire suppression work on a regular shift for the

affected fire department over a 12-month period. The fire

suppression work must be in accordance with Section

10-2.1-4 of this Division and the terms established by a

Joint Apprenticeship Committee included in a collective

bargaining agreement agreed between the employer and its

certified bargaining agent. An eligible applicant must

apply to the Joint Apprenticeship Committee for preference

points under this item. The Joint Apprenticeship Committee

shall evaluate the merit of the applicant's performance,

determine the preference points to be awarded, and certify

the amount of points awarded to the commissioners. The

commissioners may add the certified preference points to

the final grades achieved by the applicant on the other

components of the examination.

(8) Scoring of preferences. The commission may give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission may give preference for original appointment to

persons designated in item (7.5) by adding to the final

grade the amount of points designated by the Joint

Apprenticeship Committee as defined in item (7.5). The

commission shall determine the number of preference points

for each category, except (1) and (7.5). The number of

preference points for each category shall range from 0 to

5, except item (7.5). In determining the number of

preference points, the commission shall prescribe that if

a candidate earns the maximum number of preference points

in all categories except item (7.5), that number may not

be less than 10 nor more than 30. The commission shall give

preference for original appointment to persons designated

in items (2) through (7) by adding the requisite number of

points to the final grade for each recognized preference

achieved. The numerical result thus attained shall be

applied by the commission in determining the final

eligibility list and appointment from the eligibility

list. The local appointing authority may prescribe the

total number of preference points awarded under this

Section, but the total number of preference points, except

item (7.5), shall not be less than 10 points or more than

30 points. Apprentice preference points may be added in

addition to other preference points awarded by the

commission.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference may be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit may make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim may be deemed waived. Final

eligibility registers may be established after the awarding of

verified preference points. However, apprentice preference

credit earned subsequent to the establishment of the final

eligibility register may be applied to the applicant's score

upon certification by the Joint Apprenticeship Committee to

the commission and the rank order of candidates on the final

eligibility register shall be adjusted accordingly. All

employment shall be subject to the commission's initial hire

background review, including, but not limited to, criminal

history, employment history, moral character, oral

examination, and medical and psychological examinations, all

on a pass-fail basis. The medical and psychological

examinations must be conducted last, and may only be performed

after a conditional offer of employment has been extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates

for original appointment after the names have been on the list

for more than 2 years.

(i) Moral character. No person shall be appointed to a

fire department unless he or she is a person of good character;

not a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and

subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of

1961 or the Criminal Code of 2012, or arrest for any cause

without conviction thereon. Any such person who is in the

department may be removed on charges brought for violating

this subsection and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to

the Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois State Police Law of the Civil Administrative Code of

Illinois, the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files as is necessary to

fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Division, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or

otherwise knowingly violates or subverts any requirement of

this Section, commits a violation of this Section and may be

subject to charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;

revised 11-26-19.)

(65 ILCS 5/11-32-1) (from Ch. 24, par. 11-32-1)

Sec. 11-32-1. The corporate authorities of each

municipality may:

(1) provide for the regulation, safe construction,

installation, alteration, inspection, testing and maintenance

of heating, air conditioning and refrigerating systems

specified in this section.

(2) provide for examination, licensing and regulation of

heating, air conditioning and refrigeration contractors; and

fix the amount of license fees, not exceeding $50, and the

terms and manner of issuing and revoking licenses of such

contractors.

(3) provide for the appointment of a board of examiners

which shall examine applicants for and issue licenses to such

contractors as are found capable and trustworthy.

A. The term "heating, air conditioning and refrigeration

contractor" means:

(a) any person engaged in the business of installing,

altering or servicing heating, air conditioning or

refrigerating systems;

(b) any private or municipally owned public utility if

such public utility installs heating, air conditioning or

refrigerating systems.

The term "heating, air conditioning and refrigeration

contractor" does not include: (i) any private or municipally

owned public utility, fuel supplier or dealer that supplies

fuel and services or repairs heating or air conditioning

appliances or equipment in connection with or as a part of

their business of supplying the fuel used in such appliances

or equipment; or (ii) any liquefied petroleum gas dealer

subject to "An Act to regulate the storage, transportation,

sale and use of liquefied petroleum gases", approved July 11,

1955, as now or hereafter amended, and the rules and

regulations of the Illinois Department of State Police

promulgated pursuant to such Act; or (iii) any electrical

contractor registered or licensed as such under the provisions

of this Act or any other statute.

B. The term "heating system" means any heating unit

intended to warm the atmosphere of any building or rooms

therein used for human occupancy.

C. The term "air conditioning system" means any air

conditioning unit designed to cool the atmosphere of any

building or rooms therein used for human occupancy, which unit

has a rated heat removal capacity in excess of 20,000 British

thermal units per hour; and also any such unit regardless of

size or rating that is installed in such a manner that it

projects from a building where pedestrian traffic will pass

below it.

D. The term "refrigerating system" means any refrigerating

unit, other than an air conditioning system as defined in this

section, which is to be used in conjunction with or as an aid

to any commercial enterprise but does not include a

refrigerating unit used for family household purposes.

Any heating, air conditioning and refrigeration contractor

properly licensed under paragraph (2) of this section in the

municipality of his principal place of business in this State

may install heating, air conditioning and refrigeration

systems in any other municipality without securing an

additional license, provided that such contractor complies

with the rules and regulations of the municipality where such

systems are installed.

(Source: P.A. 84-25.)

Section 440. The Fire Protection District Act is amended

by changing Section 16.06b as follows:

(70 ILCS 705/16.06b)

Sec. 16.06b. Original appointments; full-time fire

department.

(a) Applicability. Unless a commission elects to follow

the provisions of Section 16.06c, this Section shall apply to

all original appointments to an affected full-time fire

department. Existing registers of eligibles shall continue to

be valid until their expiration dates, or up to a maximum of 2

years after August 4, 2011 (the effective date of Public Act

97-251) this amendatory Act of the 97th General Assembly.

Notwithstanding any statute, ordinance, rule, or other law

to the contrary, all original appointments to an affected

department to which this Section applies shall be administered

in a no less stringent manner than the manner provided for in

this Section. Provisions of the Illinois Municipal Code, Fire

Protection District Act, fire district ordinances, and rules

adopted pursuant to such authority and other laws relating to

initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this

Section, but in the event of a conflict between this Section

and any other law, this Section shall control.

A fire protection district that is operating under a court

order or consent decree regarding original appointments to a

full-time fire department before August 4, 2011 (the effective

date of Public Act 97-251) this amendatory Act of the 97th

General Assembly is exempt from the requirements of this

Section for the duration of the court order or consent decree.

(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of

eligibles established in accordance with the processes

required by this Section. Only persons who meet or exceed the

performance standards required by the Section shall be placed

on a register of eligibles for original appointment to an

affected fire department.

Whenever an appointing authority authorizes action to hire

a person to perform the duties of a firefighter or to hire a

firefighter-paramedic to fill a position that is a new

position or vacancy due to resignation, discharge, promotion,

death, the granting of a disability or retirement pension, or

any other cause, the appointing authority shall appoint to

that position the person with the highest ranking on the final

eligibility list. If the appointing authority has reason to

conclude that the highest ranked person fails to meet the

minimum standards for the position or if the appointing

authority believes an alternate candidate would better serve

the needs of the department, then the appointing authority has

the right to pass over the highest ranked person and appoint

either: (i) any person who has a ranking in the top 5% of the

register of eligibles or (ii) any person who is among the top 5

highest ranked persons on the list of eligibles if the number

of people who have a ranking in the top 5% of the register of

eligibles is less than 5 people.

Any candidate may pass on an appointment once without

losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list

by the appointing authority provided that such action shall

not prejudice a person's opportunities to participate in

future examinations, including an examination held during the

time a candidate is already on the fire district's register of

eligibles.

The sole authority to issue certificates of appointment

shall be vested in the board of fire commissioners, or board of

trustees serving in the capacity of a board of fire

commissioners. All certificates of appointment issued to any

officer or member of an affected department shall be signed by

the chairperson and secretary, respectively, of the commission

upon appointment of such officer or member to the affected

department by action of the commission. After being selected

from the register of eligibles to fill a vacancy in the

affected department, each appointee shall be presented with

his or her certificate of appointment on the day on which he or

she is sworn in as a classified member of the affected

department. Firefighters who were not issued a certificate of

appointment when originally appointed shall be provided with a

certificate within 10 days after making a written request to

the chairperson of the board of fire commissioners, or board

of trustees serving in the capacity of a board of fire

commissioners. Each person who accepts a certificate of

appointment and successfully completes his or her probationary

period shall be enrolled as a firefighter and as a regular

member of the fire department.

For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after August 4, 2011 (the

effective date of Public Act 97-251) this amendatory Act of

the 97th General Assembly appointed to a fire department or

fire protection district or employed by a State university and

sworn or commissioned to perform firefighter duties or

paramedic duties, or both, except that the following persons

are not included: part-time firefighters; auxiliary, reserve,

or voluntary firefighters, including paid-on-call

firefighters; clerks and dispatchers or other civilian

employees of a fire department or fire protection district who

are not routinely expected to perform firefighter duties; and

elected officials.

(c) Qualification for placement on register of eligibles.

The purpose of establishing a register of eligibles is to

identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required

of members of the fire department in order to provide the

highest quality of service to the public. To this end, all

applicants for original appointment to an affected fire

department shall be subject to examination and testing which

shall be public, competitive, and open to all applicants

unless the district shall by ordinance limit applicants to

residents of the district, county or counties in which the

district is located, State, or nation. Any examination and

testing procedure utilized under subsection (e) of this

Section shall be supported by appropriate validation evidence

and shall comply with all applicable State and federal laws.

Districts may establish educational, emergency medical service

licensure, and other prerequisites prerequites for

participation in an examination or for hire as a firefighter.

Any fire protection district may charge a fee to cover the

costs of the application process.

Residency requirements in effect at the time an individual

enters the fire service of a district cannot be made more

restrictive for that individual during his or her period of

service for that district, or be made a condition of

promotion, except for the rank or position of fire chief and

for no more than 2 positions that rank immediately below that

of the chief rank which are appointed positions pursuant to

the Fire Department Promotion Act.

No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless

the person has had previous employment status as a firefighter

in the regularly constituted fire department of the district,

except as provided in this Section. The age limitation does

not apply to:

(1) any person previously employed as a full-time

firefighter in a regularly constituted fire department of

(i) any municipality or fire protection district located

in Illinois, (ii) a fire protection district whose

obligations were assumed by a municipality under Section

21 of the Fire Protection District Act, or (iii) a

municipality whose obligations were taken over by a fire

protection district;

(2) any person who has served a fire district as a

regularly enrolled volunteer, paid-on-call, or part-time

firefighter for the 5 years immediately preceding the time

that the district begins to use full-time firefighters to

provide all or part of its fire protection service; or

(3) any person who turned 35 while serving as a member

of the active or reserve components of any of the branches

of the Armed Forces of the United States or the National

Guard of any state, whose service was characterized as

honorable or under honorable, if separated from the

military, and is currently under the age of 40.

No person who is under 21 years of age shall be eligible

for employment as a firefighter.

No applicant shall be examined concerning his or her

political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the

district or their designees and agents.

No district shall require that any firefighter appointed

to the lowest rank serve a probationary employment period of

longer than one year of actual active employment, which may

exclude periods of training, or injury or illness leaves,

including duty related leave, in excess of 30 calendar days.

Notwithstanding anything to the contrary in this Section, the

probationary employment period limitation may be extended for

a firefighter who is required, as a condition of employment,

to be a licensed paramedic, during which time the sole reason

that a firefighter may be discharged without a hearing is for

failing to meet the requirements for paramedic licensure.

In the event that any applicant who has been found

eligible for appointment and whose name has been placed upon

the final eligibility register provided for in this Section

has not been appointed to a firefighter position within one

year after the date of his or her physical ability

examination, the commission may cause a second examination to

be made of that applicant's physical ability prior to his or

her appointment. If, after the second examination, the

physical ability of the applicant shall be found to be less

than the minimum standard fixed by the rules of the

commission, the applicant shall not be appointed. The

applicant's name may be retained upon the register of

candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again

examined as provided in this Section, and if the physical

ability of that applicant is found to be less than the minimum

standard fixed by the rules of the commission, the applicant

shall not be appointed, and the name of the applicant shall be

removed from the register.

(d) Notice, examination, and testing components. Notice of

the time, place, general scope, merit criteria for any

subjective component, and fee of every examination shall be

given by the commission, by a publication at least 2 weeks

preceding the examination: (i) in one or more newspapers

published in the district, or if no newspaper is published

therein, then in one or more newspapers with a general

circulation within the district, or (ii) on the fire

protection district's Internet website. Additional notice of

the examination may be given as the commission shall

prescribe.

The examination and qualifying standards for employment of

firefighters shall be based on: mental aptitude, physical

ability, preferences, moral character, and health. The mental

aptitude, physical ability, and preference components shall

determine an applicant's qualification for and placement on

the final register of eligibles. The examination may also

include a subjective component based on merit criteria as

determined by the commission. Scores from the examination must

be made available to the public.

(e) Mental aptitude. No person who does not possess at

least a high school diploma or an equivalent high school

education shall be placed on a register of eligibles.

Examination of an applicant's mental aptitude shall be based

upon a written examination. The examination shall be practical

in character and relate to those matters that fairly test the

capacity of the persons examined to discharge the duties

performed by members of a fire department. Written

examinations shall be administered in a manner that ensures

the security and accuracy of the scores achieved.

(f) Physical ability. All candidates shall be required to

undergo an examination of their physical ability to perform

the essential functions included in the duties they may be

called upon to perform as a member of a fire department. For

the purposes of this Section, essential functions of the job

are functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The

frequency of the occurrence of those duties as part of the fire

department's regular routine shall not be a controlling factor

in the design of examination criteria or evolutions selected

for testing. These physical examinations shall be open,

competitive, and based on industry standards designed to test

each applicant's physical abilities in the following

dimensions:

(1) Muscular strength to perform tasks and evolutions

that may be required in the performance of duties

including grip strength, leg strength, and arm strength.

Tests shall be conducted under anaerobic as well as

aerobic conditions to test both the candidate's speed and

endurance in performing tasks and evolutions. Tasks tested

may be based on standards developed, or approved, by the

local appointing authority.

(2) The ability to climb ladders, operate from

heights, walk or crawl in the dark along narrow and uneven

surfaces, and operate in proximity to hazardous

environments.

(3) The ability to carry out critical, time-sensitive,

and complex problem solving during physical exertion in

stressful and hazardous environments. The testing

environment may be hot and dark with tightly enclosed

spaces, flashing lights, sirens, and other distractions.

The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on

industry standards currently in use or equivalent tests

approved by the Joint Labor-Management Committee of the Office

of the State Fire Marshal.

Physical ability examinations administered under this

Section shall be conducted with a reasonable number of

proctors and monitors, open to the public, and subject to

reasonable regulations of the commission.

(g) Scoring of examination components. Appointing

authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her

passage of the written examination or the passage of the

written examination and the physical ability component.

Passage of the written examination means attaining the minimum

score set by the commission. Minimum scores should be set by

the appointing authorities so as to demonstrate a candidate's

ability to perform the essential functions of the job. The

minimum score set by the commission shall be supported by

appropriate validation evidence and shall comply with all

applicable State and federal laws. The appointing authority

may conduct the physical ability component and any subjective

components subsequent to the posting of the preliminary

eligibility register.

The examination components for an initial eligibility

register shall be graded on a 100-point scale. A person's

position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person

successfully passing the physical ability component, and (iii)

the person's results on any subjective component as described

in subsection (d).

In order to qualify for placement on the final eligibility

register, an applicant's score on the written examination,

before any applicable preference points or subjective points

are applied, shall be at or above the minimum score set by the

commission. The local appointing authority may prescribe the

score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum

score set by the commission.

The commission shall prepare and keep a register of

persons whose total score is not less than the minimum score

for passage and who have passed the physical ability

examination. These persons shall take rank upon the register

as candidates in the order of their relative excellence based

on the highest to the lowest total points scored on the mental

aptitude, subjective component, and preference components of

the test administered in accordance with this Section. No more

than 60 days after each examination, an initial eligibility

list shall be posted by the commission. The list shall include

the final grades of the candidates without reference to

priority of the time of examination and subject to claim for

preference credit.

Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility

register is established and before it expires with the

candidates ranked by total score without regard to date of

examination. No more than 60 days after each examination, an

initial eligibility list shall be posted by the commission

showing the final grades of the candidates without reference

to priority of time of examination and subject to claim for

preference credit.

(h) Preferences. The following are preferences:

(1) Veteran preference. Persons who were engaged in

the military service of the United States for a period of

at least one year of active duty and who were honorably

discharged therefrom, or who are now or have been members

on inactive or reserve duty in such military or naval

service, shall be preferred for appointment to and

employment with the fire department of an affected

department.

(2) Fire cadet preference. Persons who have

successfully completed 2 years of study in fire techniques

or cadet training within a cadet program established under

the rules of the Joint Labor and Management Committee

(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and

employment with the fire department.

(3) Educational preference. Persons who have

successfully obtained an associate's degree in the field

of fire service or emergency medical services, or a

bachelor's degree from an accredited college or university

may be preferred for appointment to and employment with

the fire department.

(4) Paramedic preference. Persons who have obtained a

license as a paramedic may be preferred for appointment to

and employment with the fire department of an affected

department providing emergency medical services.

(5) Experience preference. All persons employed by a

district who have been paid-on-call or part-time certified

Firefighter II, certified Firefighter III, State of

Illinois or nationally licensed EMT, EMT-I, A-EMT, or

paramedic, or any combination of those capacities may be

awarded up to a maximum of 5 points. However, the

applicant may not be awarded more than 0.5 points for each

complete year of paid-on-call or part-time service.

Applicants from outside the district who were employed as

full-time firefighters or firefighter-paramedics by a fire

protection district or municipality for at least 2 years

may be awarded up to 5 experience preference points.

However, the applicant may not be awarded more than one

point for each complete year of full-time service.

Upon request by the commission, the governing body of

the district or in the case of applicants from outside the

district the governing body of any other fire protection

district or any municipality shall certify to the

commission, within 10 days after the request, the number

of years of successful paid-on-call, part-time, or

full-time service of any person. A candidate may not

receive the full amount of preference points under this

subsection if the amount of points awarded would place the

candidate before a veteran on the eligibility list. If

more than one candidate receiving experience preference

points is prevented from receiving all of their points due

to not being allowed to pass a veteran, the candidates

shall be placed on the list below the veteran in rank order

based on the totals received if all points under this

subsection were to be awarded. Any remaining ties on the

list shall be determined by lot.

(6) Residency preference. Applicants whose principal

residence is located within the fire department's

jurisdiction may be preferred for appointment to and

employment with the fire department.

(7) Additional preferences. Up to 5 additional

preference points may be awarded for unique categories

based on an applicant's experience or background as

identified by the commission.

(7.5) Apprentice preferences. A person who has

performed fire suppression service for a department as a

firefighter apprentice and otherwise meets meet the

qualifications for original appointment as a firefighter

specified in this Section is are eligible to be awarded up

to 20 preference points. To qualify for preference points,

an applicant shall have completed a minimum of 600 hours

of fire suppression work on a regular shift for the

affected fire department over a 12-month period. The fire

suppression work must be in accordance with Section 16.06

of this Act and the terms established by a Joint

Apprenticeship Committee included in a collective

bargaining agreement agreed between the employer and its

certified bargaining agent. An eligible applicant must

apply to the Joint Apprenticeship Committee for preference

points under this item. The Joint Apprenticeship Committee

shall evaluate the merit of the applicant's performance,

determine the preference points to be awarded, and certify

the amount of points awarded to the commissioners. The

commissioners may add the certified preference points to

the final grades achieved by the applicant on the other

components of the examination.

(8) Scoring of preferences. The commission shall give

preference for original appointment to persons designated

in item (1) by adding to the final grade that they receive

5 points for the recognized preference achieved. The

commission may give preference for original appointment to

persons designated in item (7.5) by adding to the final

grade the amount of points designated by the Joint

Apprenticeship Committee as defined in item (7.5). The

commission shall determine the number of preference points

for each category, except (1) and (7.5). The number of

preference points for each category shall range from 0 to

5, except item (7.5). In determining the number of

preference points, the commission shall prescribe that if

a candidate earns the maximum number of preference points

in all categories except item (7.5), that number may not

be less than 10 nor more than 30. The commission shall give

preference for original appointment to persons designated

in items (2) through (7) by adding the requisite number of

points to the final grade for each recognized preference

achieved. The numerical result thus attained shall be

applied by the commission in determining the final

eligibility list and appointment from the eligibility

list. The local appointing authority may prescribe the

total number of preference points awarded under this

Section, but the total number of preference points, except

item (7.5), shall not be less than 10 points or more than

30 points. Apprentice preference points may be added in

addition to other preference points awarded by the

commission.

No person entitled to any preference shall be required to

claim the credit before any examination held under the

provisions of this Section, but the preference shall be given

after the posting or publication of the initial eligibility

list or register at the request of a person entitled to a

credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable

evidence and proof of qualifying preference credit. Candidates

who are eligible for preference credit shall make a claim in

writing within 10 days after the posting of the initial

eligibility list, or the claim shall be deemed waived. Final

eligibility registers shall be established after the awarding

of verified preference points. However, apprentice preference

credit earned subsequent to the establishment of the final

eligibility register may be applied to the applicant's score

upon certification by the Joint Apprenticeship Committee to

the commission and the rank order of candidates on the final

eligibility register shall be adjusted accordingly. All

employment shall be subject to the commission's initial hire

background review including, but not limited to, criminal

history, employment history, moral character, oral

examination, and medical and psychological examinations, all

on a pass-fail basis. The medical and psychological

examinations must be conducted last, and may only be performed

after a conditional offer of employment has been extended.

Any person placed on an eligibility list who exceeds the

age requirement before being appointed to a fire department

shall remain eligible for appointment until the list is

abolished, or his or her name has been on the list for a period

of 2 years. No person who has attained the age of 35 years

shall be inducted into a fire department, except as otherwise

provided in this Section.

The commission shall strike off the names of candidates

for original appointment after the names have been on the list

for more than 2 years.

(i) Moral character. No person shall be appointed to a

fire department unless he or she is a person of good character;

not a habitual drunkard, a gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude.

However, no person shall be disqualified from appointment to

the fire department because of the person's record of

misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,

12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,

31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and

subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of

1961 or the Criminal Code of 2012, or arrest for any cause

without conviction thereon. Any such person who is in the

department may be removed on charges brought for violating

this subsection and after a trial as hereinafter provided.

A classifiable set of the fingerprints of every person who

is offered employment as a certificated member of an affected

fire department whether with or without compensation, shall be

furnished to the Illinois Department of State Police and to

the Federal Bureau of Investigation by the commission.

Whenever a commission is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois State Police Law of the Civil Administrative Code of

Illinois, the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

the information contained in State files as is necessary to

fulfill the request.

(j) Temporary appointments. In order to prevent a stoppage

of public business, to meet extraordinary exigencies, or to

prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force

only until regular appointments are made under the provisions

of this Section, but never to exceed 60 days. No temporary

appointment of any one person shall be made more than twice in

any calendar year.

(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or

otherwise knowingly violates or subverts any requirement of

this Section, commits a violation of this Section and may be

subject to charges for official misconduct.

A person who is the knowing recipient of test information

in advance of the examination shall be disqualified from the

examination or discharged from the position to which he or she

was appointed, as applicable, and otherwise subjected to

disciplinary actions.

(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;

revised 11-26-19.)

Section 450. The Park District Code is amended by changing

Section 8-23 as follows:

(70 ILCS 1205/8-23)

Sec. 8-23. Criminal background investigations.

(a) An applicant for employment with a park district is

required as a condition of employment to authorize an

investigation to determine if the applicant has been convicted

of any of the enumerated criminal or drug offenses in

subsection (c) or (d) of this Section, or adjudicated a

delinquent minor for any of the enumerated criminal or drug

offenses in subsection (c) or (d) of this Section, or has been

convicted, within 7 years of the application for employment

with the park district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the investigation shall be furnished by the

applicant to the park district. Upon receipt of this

authorization, the park district shall submit the applicant's

name, sex, race, date of birth, and social security number to

the Illinois Department of State Police on forms prescribed by

the Illinois Department of State Police. The Illinois

Department of State Police shall conduct a search of the

Illinois criminal history records database to ascertain if the

applicant being considered for employment has been convicted

of any of the enumerated criminal or drug offenses in

subsection (c) or (d) of this Section, or adjudicated a

delinquent minor for committing or attempting to commit any of

the enumerated criminal or drug offenses in subsection (c) or

(d) of this Section, or has been convicted of committing or

attempting to commit, within 7 years of the application for

employment with the park district, any other felony under the

laws of this State. The Illinois Department of State Police

shall charge the park district a fee for conducting the

investigation, which fee shall be deposited in the State

Police Services Fund and shall not exceed the cost of the

inquiry. The applicant shall not be charged a fee by the park

district for the investigation.

(b) If the search of the Illinois criminal history record

database indicates that the applicant has been convicted of

any of the enumerated criminal or drug offenses in subsection

(c) or (d), or adjudicated a delinquent minor for committing

or attempting to commit any of the enumerated criminal or drug

offenses in subsection (c) or (d), or has been convicted of

committing or attempting to commit, within 7 years of the

application for employment with the park district, any other

felony under the laws of this State, the Illinois Department

of State Police and the Federal Bureau of Investigation shall

furnish, pursuant to a fingerprint based background check,

records of convictions or adjudications as a delinquent minor,

until expunged, to the president of the park district. Any

information concerning the record of convictions or

adjudications as a delinquent minor obtained by the president

shall be confidential and may only be transmitted to those

persons who are necessary to the decision on whether to hire

the applicant for employment. A copy of the record of

convictions or adjudications as a delinquent minor obtained

from the Illinois Department of State Police shall be provided

to the applicant for employment. Any person who releases any

confidential information concerning any criminal convictions

or adjudications as a delinquent minor of an applicant for

employment shall be guilty of a Class A misdemeanor, unless

the release of such information is authorized by this Section.

(c) No park district shall knowingly employ a person who

has been convicted, or adjudicated a delinquent minor, for

committing attempted first degree murder or for committing or

attempting to commit first degree murder, a Class X felony, or

any one or more of the following criminal offenses: (i) those

defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 11-6, 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,

11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4

felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,

and 12-16 of the Criminal Code of 1961 or the Criminal Code of

2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any

offense committed or attempted in any other state or against

the laws of the United States, which, if committed or

attempted in this State, would have been punishable as one or

more of the foregoing offenses. Further, no park district

shall knowingly employ a person who has been found to be the

perpetrator of sexual or physical abuse of any minor under 18

years of age pursuant to proceedings under Article II of the

Juvenile Court Act of 1987. No park district shall knowingly

employ a person for whom a criminal background investigation

has not been initiated.

(d) No park district shall knowingly employ a person who

has been convicted of the following drug offenses, other than

an offense set forth in subsection (c), until 7 years

following the end of the sentence imposed for any of the

following offenses: (i) those defined in the Cannabis Control

Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),

and 5(b) of that Act; (ii) those defined in the Illinois

Controlled Substances Act; (iii) those defined in the

Methamphetamine Control and Community Protection Act; and (iv)

any offense committed or attempted in any other state or

against the laws of the United States, which, if committed or

attempted in this State, would have been punishable as one or

more of the foregoing offenses. For purposes of this

paragraph, "sentence" includes any period of supervision or

probation that was imposed either alone or in combination with

a period of incarceration.

(e) Notwithstanding the provisions of subsections (c) and

(d), a park district may, in its discretion, employ a person

who has been granted a certificate of good conduct under

Section 5-5.5-25 of the Unified Code of Corrections by the

circuit court.

(Source: P.A. 99-884, eff. 8-22-16.)

Section 455. The Chicago Park District Act is amended by

changing Section 16a-5 as follows:

(70 ILCS 1505/16a-5)

Sec. 16a-5. Criminal background investigations.

(a) An applicant for employment with the Chicago Park

District is required as a condition of employment to authorize

an investigation to determine if the applicant has been

convicted of any of the enumerated criminal or drug offenses

in subsection (c) or (d) of this Section, or adjudicated a

delinquent minor for any of the enumerated criminal or drug

offenses in subsection (c) or (d) of this Section, or has been

convicted, within 7 years of the application for employment

with the Chicago Park District, of any other felony under the

laws of this State or of any offense committed or attempted in

any other state or against the laws of the United States that,

if committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the investigation shall be furnished by the

applicant to the Chicago Park District. Upon receipt of this

authorization, the Chicago Park District shall submit the

applicant's name, sex, race, date of birth, and social

security number to the Illinois Department of State Police on

forms prescribed by the Illinois Department of State Police.

The Illinois Department of State Police shall conduct a search

of the Illinois criminal history record information database

to ascertain if the applicant being considered for employment

has been convicted of any of the enumerated criminal or drug

offenses in subsection (c) or (d) of this Section, or

adjudicated a delinquent minor for committing or attempting to

commit any of the enumerated criminal or drug offenses in

subsection (c) or (d) of this Section, or has been convicted of

committing or attempting to commit, within 7 years of the

application for employment with the Chicago Park District, any

other felony under the laws of this State. The Illinois

Department of State Police shall charge the Chicago Park

District a fee for conducting the investigation, which fee

shall be deposited in the State Police Services Fund and shall

not exceed the cost of the inquiry. The applicant shall not be

charged a fee by the Chicago Park District for the

investigation.

(b) If the search of the Illinois criminal history record

database indicates that the applicant has been convicted of

any of the enumerated criminal or drug offenses in subsection

(c) or (d), or adjudicated a delinquent minor for committing

or attempting to commit any of the enumerated criminal or drug

offenses in subsection (c) or (d), or has been convicted of

committing or attempting to commit, within 7 years of the

application for employment with the Chicago Park District, any

other felony under the laws of this State, the Illinois

Department of State Police and the Federal Bureau of

Investigation shall furnish, pursuant to a fingerprint based

background check, records of convictions or adjudications as a

delinquent minor, until expunged, to the General

Superintendent and Chief Executive Officer of the Chicago Park

District. Any information concerning the record of convictions

or adjudications as a delinquent minor obtained by the General

Superintendent and Chief Executive Officer shall be

confidential and may only be transmitted to those persons who

are necessary to the decision on whether to hire the applicant

for employment. A copy of the record of convictions or

adjudications as a delinquent minor obtained from the Illinois

Department of State Police shall be provided to the applicant

for employment. Any person who releases any confidential

information concerning any criminal convictions or

adjudications as a delinquent minor of an applicant for

employment shall be guilty of a Class A misdemeanor, unless

the release of such information is authorized by this Section.

(c) The Chicago Park District may not knowingly employ a

person who has been convicted, or adjudicated a delinquent

minor, for committing attempted first degree murder or for

committing or attempting to commit first degree murder, a

Class X felony, or any one or more of the following criminal

offenses: (i) those defined in Sections 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4,

11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,

11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted

of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,

12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv)

(blank); and (v) any offense committed or attempted in any

other state or against the laws of the United States, which, if

committed or attempted in this State, would have been

punishable as one or more of the foregoing offenses. Further,

the Chicago Park District may not knowingly employ a person

who has been found to be the perpetrator of sexual or physical

abuse of any minor under 18 years of age pursuant to

proceedings under Article II of the Juvenile Court Act of

1987. The Chicago Park District may not knowingly employ a

person for whom a criminal background investigation has not

been initiated.

(d) The Chicago Park District shall not knowingly employ a

person who has been convicted of the following drug offenses,

other than an offense set forth in subsection (c), until 7

years following the end of the sentence imposed for any of the

following offenses: (i) those defined in the Cannabis Control

Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),

and 5(b) of that Act; (ii) those defined in the Illinois

Controlled Substances Act; (iii) those defined in the

Methamphetamine Control and Community Protection Act; and (iv)

any offense committed or attempted in any other state or

against the laws of the United States, which, if committed or

attempted in this State, would have been punishable as one or

more of the foregoing offenses. For purposes of this

paragraph, "sentence" includes any period of supervision or

probation that was imposed either alone or in combination with

a period of incarceration.

(e) Notwithstanding the provisions of subsection (c) or

(d), the Chicago Park District may, in its discretion, employ

a person who has been granted a certificate of good conduct

under Section 5-5.5-25 of the Unified Code of Corrections by

the Circuit Court.

(Source: P.A. 99-884, eff. 8-22-16.)

Section 505. The Metropolitan Transit Authority Act is

amended by changing Section 28b as follows:

(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)

Sec. 28b. Any person applying for a position as a driver of

a vehicle owned by a private carrier company which provides

public transportation pursuant to an agreement with the

Authority shall be required to authorize an investigation by

the private carrier company to determine if the applicant has

been convicted of any of the following offenses: (i) those

offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,

10-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,

11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,

12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,

12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1,

31A-1.1, and 33A-2, in subsection (a) and subsection (b),

clause (1), of Section 12-4, in subdivisions (a)(1), (b)(1),

and (f)(1) of Section 12-3.05, and in subsection (a-5) of

Section 12-3.1 of the Criminal Code of 1961 or the Criminal

Code of 2012; (ii) those offenses defined in the Cannabis

Control Act except those offenses defined in subsections (a)

and (b) of Section 4, and subsection (a) of Section 5 of the

Cannabis Control Act (iii) those offenses defined in the

Illinois Controlled Substances Act; (iv) those offenses

defined in the Methamphetamine Control and Community

Protection Act; and (v) any offense committed or attempted in

any other state or against the laws of the United States, which

if committed or attempted in this State would be punishable as

one or more of the foregoing offenses. Upon receipt of this

authorization, the private carrier company shall submit the

applicant's name, sex, race, date of birth, fingerprints and

social security number to the Illinois Department of State

Police on forms prescribed by the Department. The Illinois

Department of State Police shall conduct an investigation to

ascertain if the applicant has been convicted of any of the

above enumerated offenses. The Department shall charge the

private carrier company a fee for conducting the

investigation, which fee shall be deposited in the State

Police Services Fund and shall not exceed the cost of the

inquiry; and the applicant shall not be charged a fee for such

investigation by the private carrier company. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of convictions, until expunged, to the

private carrier company which requested the investigation. A

copy of the record of convictions obtained from the Department

shall be provided to the applicant. Any record of conviction

received by the private carrier company shall be confidential.

Any person who releases any confidential information

concerning any criminal convictions of an applicant shall be

guilty of a Class A misdemeanor, unless authorized by this

Section.

(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;

96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.

1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Section 510. The School Code is amended by changing

Sections 1A-11, 2-3.25o, 2-3.73, 2-3.140, 10-20.21a, 10-21.7,

10-21.9, 10-27.1A, 10-27.1B, 34-2.1, 34-8.05, and 34-18.5 as

follows:

(105 ILCS 5/1A-11)

Sec. 1A-11. Children; methamphetamine; protocol. The State

Board of Education shall cooperate with the Department of

Children and Family Services and the Illinois Department of

State Police in developing the protocol required under Section

6.5 of the Children and Family Services Act. The Board must

post the protocol on the official Web site maintained by the

Board.

(Source: P.A. 94-554, eff. 1-1-06.)

(105 ILCS 5/2-3.25o)

Sec. 2-3.25o. Registration and recognition of non-public

elementary and secondary schools.

(a) Findings. The General Assembly finds and declares (i)

that the Constitution of the State of Illinois provides that a

"fundamental goal of the People of the State is the

educational development of all persons to the limits of their

capacities" and (ii) that the educational development of every

school student serves the public purposes of the State. In

order to ensure that all Illinois students and teachers have

the opportunity to enroll and work in State-approved

educational institutions and programs, the State Board of

Education shall provide for the voluntary registration and

recognition of non-public elementary and secondary schools.

(b) Registration. All non-public elementary and secondary

schools in the State of Illinois may voluntarily register with

the State Board of Education on an annual basis. Registration

shall be completed in conformance with procedures prescribed

by the State Board of Education. Information required for

registration shall include assurances of compliance (i) with

federal and State laws regarding health examination and

immunization, attendance, length of term, and

nondiscrimination and (ii) with applicable fire and health

safety requirements.

(c) Recognition. All non-public elementary and secondary

schools in the State of Illinois may voluntarily seek the

status of "Non-public School Recognition" from the State Board

of Education. This status may be obtained by compliance with

administrative guidelines and review procedures as prescribed

by the State Board of Education. The guidelines and procedures

must recognize that some of the aims and the financial bases of

non-public schools are different from public schools and will

not be identical to those for public schools, nor will they be

more burdensome. The guidelines and procedures must also

recognize the diversity of non-public schools and shall not

impinge upon the noneducational relationships between those

schools and their clientele.

(c-5) Prohibition against recognition. A non-public

elementary or secondary school may not obtain "Non-public

School Recognition" status unless the school requires all

certified and non-certified applicants for employment with the

school, after July 1, 2007, to authorize a fingerprint-based

criminal history records check as a condition of employment to

determine if such applicants have been convicted of any of the

enumerated criminal or drug offenses set forth in Section

21B-80 of this Code or have been convicted, within 7 years of

the application for employment, of any other felony under the

laws of this State or of any offense committed or attempted in

any other state or against the laws of the United States that,

if committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the

applicant to the school, except that if the applicant is a

substitute teacher seeking employment in more than one

non-public school, a teacher seeking concurrent part-time

employment positions with more than one non-public school (as

a reading specialist, special education teacher, or

otherwise), or an educational support personnel employee

seeking employment positions with more than one non-public

school, then only one of the non-public schools employing the

individual shall request the authorization. Upon receipt of

this authorization, the non-public school shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois Department of State Police, to the

Illinois Department of State Police.

The Illinois Department of State Police and Federal Bureau

of Investigation shall furnish, pursuant to a

fingerprint-based criminal history records check, records of

convictions, forever and hereafter, until expunged, to the

president or principal of the non-public school that requested

the check. The Illinois Department of State Police shall

charge that school a fee for conducting such check, which fee

must be deposited into the State Police Services Fund and must

not exceed the cost of the inquiry. Subject to appropriations

for these purposes, the State Superintendent of Education

shall reimburse non-public schools for fees paid to obtain

criminal history records checks under this Section.

A non-public school may not obtain recognition status

unless the school also performs a check of the Statewide Sex

Offender Database, as authorized by the Sex Offender Community

Notification Law, for each applicant for employment, after

July 1, 2007, to determine whether the applicant has been

adjudicated a sex offender.

Any information concerning the record of convictions

obtained by a non-public school's president or principal under

this Section is confidential and may be disseminated only to

the governing body of the non-public school or any other

person necessary to the decision of hiring the applicant for

employment. A copy of the record of convictions obtained from

the Illinois Department of State Police shall be provided to

the applicant for employment. Upon a check of the Statewide

Sex Offender Database, the non-public school shall notify the

applicant as to whether or not the applicant has been

identified in the Sex Offender Database as a sex offender. Any

information concerning the records of conviction obtained by

the non-public school's president or principal under this

Section for a substitute teacher seeking employment in more

than one non-public school, a teacher seeking concurrent

part-time employment positions with more than one non-public

school (as a reading specialist, special education teacher, or

otherwise), or an educational support personnel employee

seeking employment positions with more than one non-public

school may be shared with another non-public school's

principal or president to which the applicant seeks

employment. Any unauthorized release of confidential

information may be a violation of Section 7 of the Criminal

Identification Act.

No non-public school may obtain recognition status that

knowingly employs a person, hired after July 1, 2007, for whom

an Illinois a Department of State Police and Federal Bureau of

Investigation fingerprint-based criminal history records check

and a Statewide Sex Offender Database check has not been

initiated or who has been convicted of any offense enumerated

in Section 21B-80 of this Code or any offense committed or

attempted in any other state or against the laws of the United

States that, if committed or attempted in this State, would

have been punishable as one or more of those offenses. No

non-public school may obtain recognition status under this

Section that knowingly employs a person who has been found to

be the perpetrator of sexual or physical abuse of a minor under

18 years of age pursuant to proceedings under Article II of the

Juvenile Court Act of 1987.

In order to obtain recognition status under this Section,

a non-public school must require compliance with the

provisions of this subsection (c-5) from all employees of

persons or firms holding contracts with the school, including,

but not limited to, food service workers, school bus drivers,

and other transportation employees, who have direct, daily

contact with pupils. Any information concerning the records of

conviction or identification as a sex offender of any such

employee obtained by the non-public school principal or

president must be promptly reported to the school's governing

body.

Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in any non-public elementary

or secondary school that has obtained or seeks to obtain

recognition status under this Section, a student teacher is

required to authorize a fingerprint-based criminal history

records check. Authorization for and payment of the costs of

the check must be furnished by the student teacher to the chief

administrative officer of the non-public school where the

student teaching is to be completed. Upon receipt of this

authorization and payment, the chief administrative officer of

the non-public school shall submit the student teacher's name,

sex, race, date of birth, social security number, fingerprint

images, and other identifiers, as prescribed by the Illinois

Department of State Police, to the Illinois Department of

State Police. The Illinois Department of State Police and the

Federal Bureau of Investigation shall furnish, pursuant to a

fingerprint-based criminal history records check, records of

convictions, forever and hereinafter, until expunged, to the

chief administrative officer of the non-public school that

requested the check. The Illinois Department of State Police

shall charge the school a fee for conducting the check, which

fee must be passed on to the student teacher, must not exceed

the cost of the inquiry, and must be deposited into the State

Police Services Fund. The school shall further perform a check

of the Statewide Sex Offender Database, as authorized by the

Sex Offender Community Notification Law, and of the Statewide

Murderer and Violent Offender Against Youth Database, as

authorized by the Murderer and Violent Offender Against Youth

Registration Act, for each student teacher. No school that has

obtained or seeks to obtain recognition status under this

Section may knowingly allow a person to student teach for whom

a criminal history records check, a Statewide Sex Offender

Database check, and a Statewide Murderer and Violent Offender

Against Youth Database check have not been completed and

reviewed by the chief administrative officer of the non-public

school.

A copy of the record of convictions obtained from the

Illinois Department of State Police must be provided to the

student teacher. Any information concerning the record of

convictions obtained by the chief administrative officer of

the non-public school is confidential and may be transmitted

only to the chief administrative officer of the non-public

school or his or her designee, the State Superintendent of

Education, the State Educator Preparation and Licensure Board,

or, for clarification purposes, the Illinois Department of

State Police or the Statewide Sex Offender Database or

Statewide Murderer and Violent Offender Against Youth

Database. Any unauthorized release of confidential information

may be a violation of Section 7 of the Criminal Identification

Act.

No school that has obtained or seeks to obtain recognition

status under this Section may knowingly allow a person to

student teach who has been convicted of any offense that would

subject him or her to license suspension or revocation

pursuant to Section 21B-80 of this Code or who has been found

to be the perpetrator of sexual or physical abuse of a minor

under 18 years of age pursuant to proceedings under Article II

of the Juvenile Court Act of 1987.

(d) Public purposes. The provisions of this Section are in

the public interest, for the public benefit, and serve secular

public purposes.

(e) Definition. For purposes of this Section, a non-public

school means any non-profit, non-home-based, and non-public

elementary or secondary school that is in compliance with

Title VI of the Civil Rights Act of 1964 and attendance at

which satisfies the requirements of Section 26-1 of this Code.

(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)

(105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)

Sec. 2-3.73. Missing child program. The State Board of

Education shall administer and implement a missing child

program in accordance with the provisions of this Section.

Upon receipt of each periodic information bulletin from the

Illinois Department of State Police pursuant to Section 6 of

the Intergovernmental Missing Child Recovery Act of 1984, the

State Board of Education shall promptly disseminate the

information to each school district in this State and to the

principal or chief administrative officer of every nonpublic

elementary and secondary school in this State registered with

the State Board of Education. Upon receipt of such

information, each school board shall compare the names on the

bulletin to the names of all students presently enrolled in

the schools of the district. If a school board or its designee

determines that a missing child is attending one of the

schools within the school district, or if the principal or

chief administrative officer of a nonpublic school is notified

by school personnel that a missing child is attending that

school, the school board or the principal or chief

administrative officer of the nonpublic school shall

immediately give notice of this fact to the Illinois

Department of State Police and the law enforcement agency

having jurisdiction in the area where the missing child

resides or attends school.

(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)

(105 ILCS 5/2-3.140)

Sec. 2-3.140. Child abduction prevention instruction. The

State Board of Education, in coordination with the Illinois

Department of State Police, shall develop child abduction

prevention instruction for inclusion in elementary and

secondary school curricula throughout the State. The State

Board of Education and the Illinois Department of State Police

shall encourage the inclusion of the child abduction

prevention instruction in private elementary and secondary

school curricula throughout the State.

(Source: P.A. 93-310, eff. 7-23-03.)

(105 ILCS 5/10-20.21a)

Sec. 10-20.21a. Contracts for charter bus services. To

award contracts for providing charter bus services for the

sole purpose of transporting students regularly enrolled in

grade 12 or below to or from interscholastic athletic or

interscholastic or school sponsored activities.

All contracts for providing charter bus services for the

sole purpose of transporting students regularly enrolled in

grade 12 or below to or from interscholastic athletic or

interscholastic or school sponsored activities must contain

clause (A) as set forth below, except that a contract with an

out-of-state company may contain clause (B), as set forth

below, or clause (A). The clause must be set forth in the body

of the contract in typeface of at least 12 points and all upper

case letters:

(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING

SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY

SERVICES ARE PROVIDED:

(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS

DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER

PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.

THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE

FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE

ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF

INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE

FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT

THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE

OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION

6-508 OF THE ILLINOIS VEHICLE CODE; AND

(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL

BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,

INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY

AGENCY."

(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE

PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE

BEFORE ANY SERVICES ARE PROVIDED:

(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS

DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER

PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.

THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE

FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE

ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF

INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE

FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT

THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE

OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION

6-508 OF THE ILLINOIS VEHICLE CODE; AND

(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL

BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,

INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY

AGENCY."

(Source: P.A. 95-331, eff. 8-21-07.)

(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)

Sec. 10-21.7. Attacks on school personnel.

(a) In the Section, "school" means any public or private

elementary or secondary school.

(b) Upon receipt of a written complaint from any school

personnel, the superintendent, or other appropriate

administrative officer for a private school, shall report all

incidents of battery committed against teachers, teacher

personnel, administrative personnel or educational support

personnel to the local law enforcement authorities immediately

after the occurrence of the attack and to the Illinois

Department of State Police's Illinois Uniform Crime Reporting

Program no later than 3 days after the occurrence of the

attack. The State Board of Education shall receive monthly as

well as annual statistical compilations of attacks on school

personnel from the Illinois Department of State Police through

the Illinois Uniform Crime Reporting Program. The State Board

of Education shall compile this information by school district

and make it available to the public.

(Source: P.A. 91-491, eff. 8-13-99.)

(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)

Sec. 10-21.9. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with a school district, except school bus driver applicants,

are required as a condition of employment to authorize a

fingerprint-based criminal history records check to determine

if such applicants have been convicted of any disqualifying,

enumerated criminal or drug offenses in subsection (c) of this

Section or have been convicted, within 7 years of the

application for employment with the school district, of any

other felony under the laws of this State or of any offense

committed or attempted in any other state or against the laws

of the United States that, if committed or attempted in this

State, would have been punishable as a felony under the laws of

this State. Authorization for the check shall be furnished by

the applicant to the school district, except that if the

applicant is a substitute teacher seeking employment in more

than one school district, a teacher seeking concurrent

part-time employment positions with more than one school

district (as a reading specialist, special education teacher

or otherwise), or an educational support personnel employee

seeking employment positions with more than one district, any

such district may require the applicant to furnish

authorization for the check to the regional superintendent of

the educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois Department of State Police, to the

Illinois State Police Department. The regional superintendent

submitting the requisite information to the Illinois

Department of State Police shall promptly notify the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee that the check of the

applicant has been requested. The Illinois Department of State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police Department shall charge the school district or the

appropriate regional superintendent a fee for conducting such

check, which fee shall be deposited in the State Police

Services Fund and shall not exceed the cost of the inquiry; and

the applicant shall not be charged a fee for such check by the

school district or by the regional superintendent, except that

those applicants seeking employment as a substitute teacher

with a school district may be charged a fee not to exceed the

cost of the inquiry. Subject to appropriations for these

purposes, the State Superintendent of Education shall

reimburse school districts and regional superintendents for

fees paid to obtain criminal history records checks under this

Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the school board or the regional

superintendent shall be confidential and may only be

transmitted to the superintendent of the school district or

his designee, the appropriate regional superintendent if the

check was requested by the school district, the presidents of

the appropriate school boards if the check was requested from

the Illinois Department of State Police by the regional

superintendent, the State Board of Education and a school

district as authorized under subsection (b-5), the State

Superintendent of Education, the State Educator Preparation

and Licensure Board, any other person necessary to the

decision of hiring the applicant for employment, or for

clarification purposes the Illinois Department of State Police

or Statewide Sex Offender Database, or both. A copy of the

record of convictions obtained from the Illinois Department of

State Police shall be provided to the applicant for

employment. Upon the check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the school district or regional superintendent

shall notify an applicant as to whether or not the applicant

has been identified in the Database. If a check of an applicant

for employment as a substitute or concurrent part-time teacher

or concurrent educational support personnel employee in more

than one school district was requested by the regional

superintendent, and the Illinois Department of State Police

upon a check ascertains that the applicant has not been

convicted of any of the enumerated criminal or drug offenses

in subsection (c) of this Section or has not been convicted,

within 7 years of the application for employment with the

school district, of any other felony under the laws of this

State or of any offense committed or attempted in any other

state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and so

notifies the regional superintendent and if the regional

superintendent upon a check ascertains that the applicant has

not been identified in the Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, then the

regional superintendent shall issue to the applicant a

certificate evidencing that as of the date specified by the

Illinois Department of State Police the applicant has not been

convicted of any of the enumerated criminal or drug offenses

in subsection (c) of this Section or has not been convicted,

within 7 years of the application for employment with the

school district, of any other felony under the laws of this

State or of any offense committed or attempted in any other

state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois Department of State Police and

its own check of the Statewide Sex Offender Database or

Statewide Murderer and Violent Offender Against Youth Database

as provided in this Section. Any unauthorized release of

confidential information may be a violation of Section 7 of

the Criminal Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with a school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) No school board shall knowingly employ a person who

has been convicted of any offense that would subject him or her

to license suspension or revocation pursuant to Section 21B-80

of this Code, except as provided under subsection (b) of

Section 21B-80. Further, no school board shall knowingly

employ a person who has been found to be the perpetrator of

sexual or physical abuse of any minor under 18 years of age

pursuant to proceedings under Article II of the Juvenile Court

Act of 1987. As a condition of employment, each school board

must consider the status of a person who has been issued an

indicated finding of abuse or neglect of a child by the

Department of Children and Family Services under the Abused

and Neglected Child Reporting Act or by a child welfare agency

of another jurisdiction.

(d) No school board shall knowingly employ a person for

whom a criminal history records check and a Statewide Sex

Offender Database check have not been initiated.

(e) Within 10 days after a superintendent, regional office

of education, or entity that provides background checks of

license holders to public schools receives information of a

pending criminal charge against a license holder for an

offense set forth in Section 21B-80 of this Code, the

superintendent, regional office of education, or entity must

notify the State Superintendent of Education of the pending

criminal charge.

If permissible by federal or State law, no later than 15

business days after receipt of a record of conviction or of

checking the Statewide Murderer and Violent Offender Against

Youth Database or the Statewide Sex Offender Database and

finding a registration, the superintendent of the employing

school board or the applicable regional superintendent shall,

in writing, notify the State Superintendent of Education of

any license holder who has been convicted of a crime set forth

in Section 21B-80 of this Code. Upon receipt of the record of a

conviction of or a finding of child abuse by a holder of any

license issued pursuant to Article 21B or Section 34-8.1 or

34-83 of the School Code, the State Superintendent of

Education may initiate licensure suspension and revocation

proceedings as authorized by law. If the receipt of the record

of conviction or finding of child abuse is received within 6

months after the initial grant of or renewal of a license, the

State Superintendent of Education may rescind the license

holder's license.

(e-5) The superintendent of the employing school board

shall, in writing, notify the State Superintendent of

Education and the applicable regional superintendent of

schools of any license holder whom he or she has reasonable

cause to believe has committed an intentional act of abuse or

neglect with the result of making a child an abused child or a

neglected child, as defined in Section 3 of the Abused and

Neglected Child Reporting Act, and that act resulted in the

license holder's dismissal or resignation from the school

district. This notification must be submitted within 30 days

after the dismissal or resignation. The license holder must

also be contemporaneously sent a copy of the notice by the

superintendent. All correspondence, documentation, and other

information so received by the regional superintendent of

schools, the State Superintendent of Education, the State

Board of Education, or the State Educator Preparation and

Licensure Board under this subsection (e-5) is confidential

and must not be disclosed to third parties, except (i) as

necessary for the State Superintendent of Education or his or

her designee to investigate and prosecute pursuant to Article

21B of this Code, (ii) pursuant to a court order, (iii) for

disclosure to the license holder or his or her representative,

or (iv) as otherwise provided in this Article and provided

that any such information admitted into evidence in a hearing

is exempt from this confidentiality and non-disclosure

requirement. Except for an act of willful or wanton

misconduct, any superintendent who provides notification as

required in this subsection (e-5) shall have immunity from any

liability, whether civil or criminal or that otherwise might

result by reason of such action.

(f) After January 1, 1990 the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois Department of State

Police and for conducting a check of the Statewide Sex

Offender Database for each employee. Any information

concerning the record of conviction and identification as a

sex offender of any such employee obtained by the regional

superintendent shall be promptly reported to the president of

the appropriate school board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by a school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district where the student teaching is

to be completed. Upon receipt of this authorization and

payment, the school district shall submit the student

teacher's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois Department of State Police, to the

Illinois Department of State Police. The Illinois Department

of State Police and the Federal Bureau of Investigation shall

furnish, pursuant to a fingerprint-based criminal history

records check, records of convictions, forever and

hereinafter, until expunged, to the president of the school

board for the school district that requested the check. The

Illinois State Police Department shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. No

school board may knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois Department of State Police must be provided to the

student teacher. Any information concerning the record of

convictions obtained by the president of the school board is

confidential and may only be transmitted to the superintendent

of the school district or his or her designee, the State

Superintendent of Education, the State Educator Preparation

and Licensure Board, or, for clarification purposes, the

Illinois Department of State Police or the Statewide Sex

Offender Database or Statewide Murderer and Violent Offender

Against Youth Database. Any unauthorized release of

confidential information may be a violation of Section 7 of

the Criminal Identification Act.

No school board shall knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, no

school board shall allow a person to student teach if he or she

has been found to be the perpetrator of sexual or physical

abuse of a minor under 18 years of age pursuant to proceedings

under Article II of the Juvenile Court Act of 1987. Each school

board must consider the status of a person to student teach who

has been issued an indicated finding of abuse or neglect of a

child by the Department of Children and Family Services under

the Abused and Neglected Child Reporting Act or by a child

welfare agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20.)

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Firearms in schools.

(a) All school officials, including teachers, guidance

counselors, and support staff, shall immediately notify the

office of the principal in the event that they observe any

person in possession of a firearm on school grounds; provided

that taking such immediate action to notify the office of the

principal would not immediately endanger the health, safety,

or welfare of students who are under the direct supervision of

the school official or the school official. If the health,

safety, or welfare of students under the direct supervision of

the school official or of the school official is immediately

endangered, the school official shall notify the office of the

principal as soon as the students under his or her supervision

and he or she are no longer under immediate danger. A report is

not required by this Section when the school official knows

that the person in possession of the firearm is a law

enforcement official engaged in the conduct of his or her

official duties. Any school official acting in good faith who

makes such a report under this Section shall have immunity

from any civil or criminal liability that might otherwise be

incurred as a result of making the report. The identity of the

school official making such report shall not be disclosed

except as expressly and specifically authorized by law.

Knowingly and willfully failing to comply with this Section is

a petty offense. A second or subsequent offense is a Class C

misdemeanor.

(b) Upon receiving a report from any school official

pursuant to this Section, or from any other person, the

principal or his or her designee shall immediately notify a

local law enforcement agency. If the person found to be in

possession of a firearm on school grounds is a student, the

principal or his or her designee shall also immediately notify

that student's parent or guardian. Any principal or his or her

designee acting in good faith who makes such reports under

this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a

result of making the reports. Knowingly and willfully failing

to comply with this Section is a petty offense. A second or

subsequent offense is a Class C misdemeanor. If the person

found to be in possession of the firearm on school grounds is a

minor, the law enforcement agency shall detain that minor

until such time as the agency makes a determination pursuant

to clause (a) of subsection (1) of Section 5-401 of the

Juvenile Court Act of 1987, as to whether the agency

reasonably believes that the minor is delinquent. If the law

enforcement agency determines that probable cause exists to

believe that the minor committed a violation of item (4) of

subsection (a) of Section 24-1 of the Criminal Code of 2012

while on school grounds, the agency shall detain the minor for

processing pursuant to Section 5-407 of the Juvenile Court Act

of 1987.

(c) On or after January 1, 1997, upon receipt of any

written, electronic, or verbal report from any school

personnel regarding a verified incident involving a firearm in

a school or on school owned or leased property, including any

conveyance owned, leased, or used by the school for the

transport of students or school personnel, the superintendent

or his or her designee shall report all such firearm-related

incidents occurring in a school or on school property to the

local law enforcement authorities immediately and to the

Illinois Department of State Police in a form, manner, and

frequency as prescribed by the Illinois Department of State

Police.

The State Board of Education shall receive an annual

statistical compilation and related data associated with

incidents involving firearms in schools from the Illinois

Department of State Police. The State Board of Education shall

compile this information by school district and make it

available to the public.

(d) As used in this Section, the term "firearm" shall have

the meaning ascribed to it in Section 1.1 of the Firearm Owners

Identification Card Act.

As used in this Section, the term "school" means any

public or private elementary or secondary school.

As used in this Section, the term "school grounds"

includes the real property comprising any school, any

conveyance owned, leased, or contracted by a school to

transport students to or from school or a school-related

activity, or any public way within 1,000 feet of the real

property comprising any school.

(Source: P.A. 97-1150, eff. 1-25-13.)

(105 ILCS 5/10-27.1B)

Sec. 10-27.1B. Reporting drug-related incidents in

schools.

(a) In this Section:

"Drug" means "cannabis" as defined under subsection (a) of

Section 3 of the Cannabis Control Act, "narcotic drug" as

defined under subsection (aa) of Section 102 of the Illinois

Controlled Substances Act, or "methamphetamine" as defined

under Section 10 of the Methamphetamine Control and Community

Protection Act.

"School" means any public or private elementary or

secondary school.

(b) Upon receipt of any written, electronic, or verbal

report from any school personnel regarding a verified incident

involving drugs in a school or on school owned or leased

property, including any conveyance owned, leased, or used by

the school for the transport of students or school personnel,

the superintendent or his or her designee, or other

appropriate administrative officer for a private school, shall

report all such drug-related incidents occurring in a school

or on school property to the local law enforcement authorities

immediately and to the Illinois Department of State Police in

a form, manner, and frequency as prescribed by the Illinois

Department of State Police.

(c) The State Board of Education shall receive an annual

statistical compilation and related data associated with

drug-related incidents in schools from the Illinois Department

of State Police. The State Board of Education shall compile

this information by school district and make it available to

the public.

(Source: P.A. 94-556, eff. 9-11-05.)

(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)

Sec. 34-2.1. Local School Councils - Composition -

Voter-Eligibility - Elections - Terms.

(a) A local school council shall be established for each

attendance center within the school district. Each local

school council shall consist of the following 12 voting

members: the principal of the attendance center, 2 teachers

employed and assigned to perform the majority of their

employment duties at the attendance center, 6 parents of

students currently enrolled at the attendance center, one

employee of the school district employed and assigned to

perform the majority of his or her employment duties at the

attendance center who is not a teacher, and 2 community

residents. Neither the parents nor the community residents who

serve as members of the local school council shall be

employees of the Board of Education. In each secondary

attendance center, the local school council shall consist of

13 voting members -- the 12 voting members described above and

one full-time student member, appointed as provided in

subsection (m) below. In the event that the chief executive

officer of the Chicago School Reform Board of Trustees

determines that a local school council is not carrying out its

financial duties effectively, the chief executive officer is

authorized to appoint a representative of the business

community with experience in finance and management to serve

as an advisor to the local school council for the purpose of

providing advice and assistance to the local school council on

fiscal matters. The advisor shall have access to relevant

financial records of the local school council. The advisor may

attend executive sessions. The chief executive officer shall

issue a written policy defining the circumstances under which

a local school council is not carrying out its financial

duties effectively.

(b) Within 7 days of January 11, 1991, the Mayor shall

appoint the members and officers (a Chairperson who shall be a

parent member and a Secretary) of each local school council

who shall hold their offices until their successors shall be

elected and qualified. Members so appointed shall have all the

powers and duties of local school councils as set forth in this

amendatory Act of 1991. The Mayor's appointments shall not

require approval by the City Council.

The membership of each local school council shall be

encouraged to be reflective of the racial and ethnic

composition of the student population of the attendance center

served by the local school council.

(c) Beginning with the 1995-1996 school year and in every

even-numbered year thereafter, the Board shall set second

semester Parent Report Card Pick-up Day for Local School

Council elections and may schedule elections at year-round

schools for the same dates as the remainder of the school

system. Elections shall be conducted as provided herein by the

Board of Education in consultation with the local school

council at each attendance center.

(c-5) Notwithstanding subsection (c), for the local school

council election set for the 2019-2020 school year, the Board

may hold the election on the first semester Parent Report Card

Pick-up Day of the 2020-2021 school year, making any necessary

modifications to the election process or date to comply with

guidance from the Department of Public Health and the federal

Centers for Disease Control and Prevention. The terms of

office of all local school council members eligible to serve

and seated on or after March 23, 2020 through January 10, 2021

are extended through January 10, 2021, provided that the

members continue to meet eligibility requirements for local

school council membership.

(d) Beginning with the 1995-96 school year, the following

procedures shall apply to the election of local school council

members at each attendance center:

(i) The elected members of each local school council

shall consist of the 6 parent members and the 2 community

resident members.

(ii) Each elected member shall be elected by the

eligible voters of that attendance center to serve for a

two-year term commencing on July 1 immediately following

the election described in subsection (c), except that the

terms of members elected to a local school council under

subsection (c-5) shall commence on January 11, 2021 and

end on July 1, 2022. Eligible voters for each attendance

center shall consist of the parents and community

residents for that attendance center.

(iii) Each eligible voter shall be entitled to cast

one vote for up to a total of 5 candidates, irrespective of

whether such candidates are parent or community resident

candidates.

(iv) Each parent voter shall be entitled to vote in

the local school council election at each attendance

center in which he or she has a child currently enrolled.

Each community resident voter shall be entitled to vote in

the local school council election at each attendance

center for which he or she resides in the applicable

attendance area or voting district, as the case may be.

(v) Each eligible voter shall be entitled to vote

once, but not more than once, in the local school council

election at each attendance center at which the voter is

eligible to vote.

(vi) The 2 teacher members and the non-teacher

employee member of each local school council shall be

appointed as provided in subsection (l) below each to

serve for a two-year term coinciding with that of the

elected parent and community resident members. From March

23, 2020 through January 10, 2021, the chief executive

officer or his or her designee may make accommodations to

fill the vacancy of a teacher or non-teacher employee

member of a local school council.

(vii) At secondary attendance centers, the voting

student member shall be appointed as provided in

subsection (m) below to serve for a one-year term

coinciding with the beginning of the terms of the elected

parent and community members of the local school council.

For the 2020-2021 school year, the chief executive officer

or his or her designee may make accommodations to fill the

vacancy of a student member of a local school council.

(e) The Council shall publicize the date and place of the

election by posting notices at the attendance center, in

public places within the attendance boundaries of the

attendance center and by distributing notices to the pupils at

the attendance center, and shall utilize such other means as

it deems necessary to maximize the involvement of all eligible

voters.

(f) Nomination. The Council shall publicize the opening of

nominations by posting notices at the attendance center, in

public places within the attendance boundaries of the

attendance center and by distributing notices to the pupils at

the attendance center, and shall utilize such other means as

it deems necessary to maximize the involvement of all eligible

voters. Not less than 2 weeks before the election date,

persons eligible to run for the Council shall submit their

name, date of birth, social security number, if available, and

some evidence of eligibility to the Council. The Council shall

encourage nomination of candidates reflecting the

racial/ethnic population of the students at the attendance

center. Each person nominated who runs as a candidate shall

disclose, in a manner determined by the Board, any economic

interest held by such person, by such person's spouse or

children, or by each business entity in which such person has

an ownership interest, in any contract with the Board, any

local school council or any public school in the school

district. Each person nominated who runs as a candidate shall

also disclose, in a manner determined by the Board, if he or

she ever has been convicted of any of the offenses specified in

subsection (c) of Section 34-18.5; provided that neither this

provision nor any other provision of this Section shall be

deemed to require the disclosure of any information that is

contained in any law enforcement record or juvenile court

record that is confidential or whose accessibility or

disclosure is restricted or prohibited under Section 5-901 or

5-905 of the Juvenile Court Act of 1987. Failure to make such

disclosure shall render a person ineligible for election or to

serve on the local school council. The same disclosure shall

be required of persons under consideration for appointment to

the Council pursuant to subsections (l) and (m) of this

Section.

(f-5) Notwithstanding disclosure, a person who has been

convicted of any of the following offenses at any time shall be

ineligible for election or appointment to a local school

council and ineligible for appointment to a local school

council pursuant to subsections (l) and (m) of this Section:

(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,

11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,

12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of

Section 11-14.3, of the Criminal Code of 1961 or the Criminal

Code of 2012, or (ii) any offense committed or attempted in any

other state or against the laws of the United States, which, if

committed or attempted in this State, would have been

punishable as one or more of the foregoing offenses.

Notwithstanding disclosure, a person who has been convicted of

any of the following offenses within the 10 years previous to

the date of nomination or appointment shall be ineligible for

election or appointment to a local school council: (i) those

defined in Section 401.1, 405.1, or 405.2 of the Illinois

Controlled Substances Act or (ii) any offense committed or

attempted in any other state or against the laws of the United

States, which, if committed or attempted in this State, would

have been punishable as one or more of the foregoing offenses.

Immediately upon election or appointment, incoming local

school council members shall be required to undergo a criminal

background investigation, to be completed prior to the member

taking office, in order to identify any criminal convictions

under the offenses enumerated in Section 34-18.5. The

investigation shall be conducted by the Illinois Department of

State Police in the same manner as provided for in Section

34-18.5. However, notwithstanding Section 34-18.5, the social

security number shall be provided only if available. If it is

determined at any time that a local school council member or

member-elect has been convicted of any of the offenses

enumerated in this Section or failed to disclose a conviction

of any of the offenses enumerated in Section 34-18.5, the

general superintendent shall notify the local school council

member or member-elect of such determination and the local

school council member or member-elect shall be removed from

the local school council by the Board, subject to a hearing,

convened pursuant to Board rule, prior to removal.

(g) At least one week before the election date, the

Council shall publicize, in the manner provided in subsection

(e), the names of persons nominated for election.

(h) Voting shall be in person by secret ballot at the

attendance center between the hours of 6:00 a.m. and 7:00 p.m.

(i) Candidates receiving the highest number of votes shall

be declared elected by the Council. In cases of a tie, the

Council shall determine the winner by lot.

(j) The Council shall certify the results of the election

and shall publish the results in the minutes of the Council.

(k) The general superintendent shall resolve any disputes

concerning election procedure or results and shall ensure

that, except as provided in subsections (e) and (g), no

resources of any attendance center shall be used to endorse or

promote any candidate.

(l) Beginning with the 1995-1996 school year and in every

even numbered year thereafter, the Board shall appoint 2

teacher members to each local school council. These

appointments shall be made in the following manner:

(i) The Board shall appoint 2 teachers who are

employed and assigned to perform the majority of their

employment duties at the attendance center to serve on the

local school council of the attendance center for a

two-year term coinciding with the terms of the elected

parent and community members of that local school council.

These appointments shall be made from among those teachers

who are nominated in accordance with subsection (f).

(ii) A non-binding, advisory poll to ascertain the

preferences of the school staff regarding appointments of

teachers to the local school council for that attendance

center shall be conducted in accordance with the

procedures used to elect parent and community Council

representatives. At such poll, each member of the school

staff shall be entitled to indicate his or her preference

for up to 2 candidates from among those who submitted

statements of candidacy as described above. These

preferences shall be advisory only and the Board shall

maintain absolute discretion to appoint teacher members to

local school councils, irrespective of the preferences

expressed in any such poll.

(iii) In the event that a teacher representative is

unable to perform his or her employment duties at the

school due to illness, disability, leave of absence,

disciplinary action, or any other reason, the Board shall

declare a temporary vacancy and appoint a replacement

teacher representative to serve on the local school

council until such time as the teacher member originally

appointed pursuant to this subsection (l) resumes service

at the attendance center or for the remainder of the term.

The replacement teacher representative shall be appointed

in the same manner and by the same procedures as teacher

representatives are appointed in subdivisions (i) and (ii)

of this subsection (l).

(m) Beginning with the 1995-1996 school year, and in every

year thereafter, the Board shall appoint one student member to

each secondary attendance center. These appointments shall be

made in the following manner:

(i) Appointments shall be made from among those

students who submit statements of candidacy to the

principal of the attendance center, such statements to be

submitted commencing on the first day of the twentieth

week of school and continuing for 2 weeks thereafter. The

form and manner of such candidacy statements shall be

determined by the Board.

(ii) During the twenty-second week of school in every

year, the principal of each attendance center shall

conduct a non-binding, advisory poll to ascertain the

preferences of the school students regarding the

appointment of a student to the local school council for

that attendance center. At such poll, each student shall

be entitled to indicate his or her preference for up to one

candidate from among those who submitted statements of

candidacy as described above. The Board shall promulgate

rules to ensure that these non-binding, advisory polls are

conducted in a fair and equitable manner and maximize the

involvement of all school students. The preferences

expressed in these non-binding, advisory polls shall be

transmitted by the principal to the Board. However, these

preferences shall be advisory only and the Board shall

maintain absolute discretion to appoint student members to

local school councils, irrespective of the preferences

expressed in any such poll.

(iii) For the 1995-96 school year only, appointments

shall be made from among those students who submitted

statements of candidacy to the principal of the attendance

center during the first 2 weeks of the school year. The

principal shall communicate the results of any nonbinding,

advisory poll to the Board. These results shall be

advisory only, and the Board shall maintain absolute

discretion to appoint student members to local school

councils, irrespective of the preferences expressed in any

such poll.

(n) The Board may promulgate such other rules and

regulations for election procedures as may be deemed necessary

to ensure fair elections.

(o) In the event that a vacancy occurs during a member's

term, the Council shall appoint a person eligible to serve on

the Council, to fill the unexpired term created by the

vacancy, except that any teacher vacancy shall be filled by

the Board after considering the preferences of the school

staff as ascertained through a non-binding advisory poll of

school staff.

(p) If less than the specified number of persons is

elected within each candidate category, the newly elected

local school council shall appoint eligible persons to serve

as members of the Council for two-year terms.

(q) The Board shall promulgate rules regarding conflicts

of interest and disclosure of economic interests which shall

apply to local school council members and which shall require

reports or statements to be filed by Council members at

regular intervals with the Secretary of the Board. Failure to

comply with such rules or intentionally falsifying such

reports shall be grounds for disqualification from local

school council membership. A vacancy on the Council for

disqualification may be so declared by the Secretary of the

Board. Rules regarding conflicts of interest and disclosure of

economic interests promulgated by the Board shall apply to

local school council members. No less than 45 days prior to the

deadline, the general superintendent shall provide notice, by

mail, to each local school council member of all requirements

and forms for compliance with economic interest statements.

(r) (1) If a parent member of a local school council ceases

to have any child enrolled in the attendance center governed

by the Local School Council due to the graduation or voluntary

transfer of a child or children from the attendance center,

the parent's membership on the Local School Council and all

voting rights are terminated immediately as of the date of the

child's graduation or voluntary transfer. If the child of a

parent member of a local school council dies during the

member's term in office, the member may continue to serve on

the local school council for the balance of his or her term.

Further, a local school council member may be removed from the

Council by a majority vote of the Council as provided in

subsection (c) of Section 34-2.2 if the Council member has

missed 3 consecutive regular meetings, not including committee

meetings, or 5 regular meetings in a 12 month period, not

including committee meetings. If a parent member of a local

school council ceases to be eligible to serve on the Council

for any other reason, he or she shall be removed by the Board

subject to a hearing, convened pursuant to Board rule, prior

to removal. A vote to remove a Council member by the local

school council shall only be valid if the Council member has

been notified personally or by certified mail, mailed to the

person's last known address, of the Council's intent to vote

on the Council member's removal at least 7 days prior to the

vote. The Council member in question shall have the right to

explain his or her actions and shall be eligible to vote on the

question of his or her removal from the Council. The

provisions of this subsection shall be contained within the

petitions used to nominate Council candidates.

(2) A person may continue to serve as a community resident

member of a local school council as long as he or she resides

in the attendance area served by the school and is not employed

by the Board nor is a parent of a student enrolled at the

school. If a community resident member ceases to be eligible

to serve on the Council, he or she shall be removed by the

Board subject to a hearing, convened pursuant to Board rule,

prior to removal.

(3) A person may continue to serve as a teacher member of a

local school council as long as he or she is employed and

assigned to perform a majority of his or her duties at the

school, provided that if the teacher representative resigns

from employment with the Board or voluntarily transfers to

another school, the teacher's membership on the local school

council and all voting rights are terminated immediately as of

the date of the teacher's resignation or upon the date of the

teacher's voluntary transfer to another school. If a teacher

member of a local school council ceases to be eligible to serve

on a local school council for any other reason, that member

shall be removed by the Board subject to a hearing, convened

pursuant to Board rule, prior to removal.

(s) As used in this Section only, "community resident"

means a person, 17 years of age or older, residing within an

attendance area served by a school, excluding any person who

is a parent of a student enrolled in that school; provided that

with respect to any multi-area school, community resident

means any person, 17 years of age or older, residing within the

voting district established for that school pursuant to

Section 34-2.1c, excluding any person who is a parent of a

student enrolled in that school. This definition does not

apply to any provisions concerning school boards.

(Source: P.A. 101-643, eff. 6-18-20.)

(105 ILCS 5/34-8.05)

Sec. 34-8.05. Reporting firearms in schools. On or after

January 1, 1997, upon receipt of any written, electronic, or

verbal report from any school personnel regarding a verified

incident involving a firearm in a school or on school owned or

leased property, including any conveyance owned, leased, or

used by the school for the transport of students or school

personnel, the general superintendent or his or her designee

shall report all such firearm-related incidents occurring in a

school or on school property to the local law enforcement

authorities no later than 24 hours after the occurrence of the

incident and to the Illinois Department of State Police in a

form, manner, and frequency as prescribed by the Illinois

Department of State Police.

The State Board of Education shall receive an annual

statistical compilation and related data associated with

incidents involving firearms in schools from the Illinois

Department of State Police. As used in this Section, the term

"firearm" shall have the meaning ascribed to it in Section 1.1

of the Firearm Owners Identification Card Act.

(Source: P.A. 89-498, eff. 6-27-96.)

(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)

Sec. 34-18.5. Criminal history records checks and checks

of the Statewide Sex Offender Database and Statewide Murderer

and Violent Offender Against Youth Database.

(a) Licensed and nonlicensed applicants for employment

with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history

records check to determine if such applicants have been

convicted of any disqualifying, enumerated criminal or drug

offense in subsection (c) of this Section or have been

convicted, within 7 years of the application for employment

with the school district, of any other felony under the laws of

this State or of any offense committed or attempted in any

other state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the

applicant to the school district, except that if the applicant

is a substitute teacher seeking employment in more than one

school district, or a teacher seeking concurrent part-time

employment positions with more than one school district (as a

reading specialist, special education teacher or otherwise),

or an educational support personnel employee seeking

employment positions with more than one district, any such

district may require the applicant to furnish authorization

for the check to the regional superintendent of the

educational service region in which are located the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee. Upon receipt of this

authorization, the school district or the appropriate regional

superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as

prescribed by the Illinois Department of State Police, to the

Illinois State Police Department. The regional superintendent

submitting the requisite information to the Illinois

Department of State Police shall promptly notify the school

districts in which the applicant is seeking employment as a

substitute or concurrent part-time teacher or concurrent

educational support personnel employee that the check of the

applicant has been requested. The Illinois Department of State

Police and the Federal Bureau of Investigation shall furnish,

pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until

expunged, to the president of the school board for the school

district that requested the check, or to the regional

superintendent who requested the check. The Illinois State

Police Department shall charge the school district or the

appropriate regional superintendent a fee for conducting such

check, which fee shall be deposited in the State Police

Services Fund and shall not exceed the cost of the inquiry; and

the applicant shall not be charged a fee for such check by the

school district or by the regional superintendent. Subject to

appropriations for these purposes, the State Superintendent of

Education shall reimburse the school district and regional

superintendent for fees paid to obtain criminal history

records checks under this Section.

(a-5) The school district or regional superintendent shall

further perform a check of the Statewide Sex Offender

Database, as authorized by the Sex Offender Community

Notification Law, for each applicant. The check of the

Statewide Sex Offender Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(a-6) The school district or regional superintendent shall

further perform a check of the Statewide Murderer and Violent

Offender Against Youth Database, as authorized by the Murderer

and Violent Offender Against Youth Community Notification Law,

for each applicant. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the

school district or regional superintendent once for every 5

years that an applicant remains employed by the school

district.

(b) Any information concerning the record of convictions

obtained by the president of the board of education or the

regional superintendent shall be confidential and may only be

transmitted to the general superintendent of the school

district or his designee, the appropriate regional

superintendent if the check was requested by the board of

education for the school district, the presidents of the

appropriate board of education or school boards if the check

was requested from the Illinois Department of State Police by

the regional superintendent, the State Board of Education and

the school district as authorized under subsection (b-5), the

State Superintendent of Education, the State Educator

Preparation and Licensure Board or any other person necessary

to the decision of hiring the applicant for employment. A copy

of the record of convictions obtained from the Illinois

Department of State Police shall be provided to the applicant

for employment. Upon the check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the school district or regional superintendent

shall notify an applicant as to whether or not the applicant

has been identified in the Database. If a check of an applicant

for employment as a substitute or concurrent part-time teacher

or concurrent educational support personnel employee in more

than one school district was requested by the regional

superintendent, and the Illinois Department of State Police

upon a check ascertains that the applicant has not been

convicted of any of the enumerated criminal or drug offenses

in subsection (c) of this Section or has not been convicted,

within 7 years of the application for employment with the

school district, of any other felony under the laws of this

State or of any offense committed or attempted in any other

state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and so

notifies the regional superintendent and if the regional

superintendent upon a check ascertains that the applicant has

not been identified in the Sex Offender Database or Statewide

Murderer and Violent Offender Against Youth Database, then the

regional superintendent shall issue to the applicant a

certificate evidencing that as of the date specified by the

Illinois Department of State Police the applicant has not been

convicted of any of the enumerated criminal or drug offenses

in subsection (c) of this Section or has not been convicted,

within 7 years of the application for employment with the

school district, of any other felony under the laws of this

State or of any offense committed or attempted in any other

state or against the laws of the United States that, if

committed or attempted in this State, would have been

punishable as a felony under the laws of this State and

evidencing that as of the date that the regional

superintendent conducted a check of the Statewide Sex Offender

Database or Statewide Murderer and Violent Offender Against

Youth Database, the applicant has not been identified in the

Database. The school board of any school district may rely on

the certificate issued by any regional superintendent to that

substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may

initiate its own criminal history records check of the

applicant through the Illinois Department of State Police and

its own check of the Statewide Sex Offender Database or

Statewide Murderer and Violent Offender Against Youth Database

as provided in this Section. Any unauthorized release of

confidential information may be a violation of Section 7 of

the Criminal Identification Act.

(b-5) If a criminal history records check or check of the

Statewide Sex Offender Database or Statewide Murderer and

Violent Offender Against Youth Database is performed by a

regional superintendent for an applicant seeking employment as

a substitute teacher with the school district, the regional

superintendent may disclose to the State Board of Education

whether the applicant has been issued a certificate under

subsection (b) based on those checks. If the State Board

receives information on an applicant under this subsection,

then it must indicate in the Educator Licensure Information

System for a 90-day period that the applicant has been issued

or has not been issued a certificate.

(c) The board of education shall not knowingly employ a

person who has been convicted of any offense that would

subject him or her to license suspension or revocation

pursuant to Section 21B-80 of this Code, except as provided

under subsection (b) of 21B-80. Further, the board of

education shall not knowingly employ a person who has been

found to be the perpetrator of sexual or physical abuse of any

minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. As a condition of

employment, the board of education must consider the status of

a person who has been issued an indicated finding of abuse or

neglect of a child by the Department of Children and Family

Services under the Abused and Neglected Child Reporting Act or

by a child welfare agency of another jurisdiction.

(d) The board of education shall not knowingly employ a

person for whom a criminal history records check and a

Statewide Sex Offender Database check have not been initiated.

(e) Within 10 days after the general superintendent of

schools, a regional office of education, or an entity that

provides background checks of license holders to public

schools receives information of a pending criminal charge

against a license holder for an offense set forth in Section

21B-80 of this Code, the superintendent, regional office of

education, or entity must notify the State Superintendent of

Education of the pending criminal charge.

No later than 15 business days after receipt of a record of

conviction or of checking the Statewide Murderer and Violent

Offender Against Youth Database or the Statewide Sex Offender

Database and finding a registration, the general

superintendent of schools or the applicable regional

superintendent shall, in writing, notify the State

Superintendent of Education of any license holder who has been

convicted of a crime set forth in Section 21B-80 of this Code.

Upon receipt of the record of a conviction of or a finding of

child abuse by a holder of any license issued pursuant to

Article 21B or Section 34-8.1 or 34-83 of this Code, the State

Superintendent of Education may initiate licensure suspension

and revocation proceedings as authorized by law. If the

receipt of the record of conviction or finding of child abuse

is received within 6 months after the initial grant of or

renewal of a license, the State Superintendent of Education

may rescind the license holder's license.

(e-5) The general superintendent of schools shall, in

writing, notify the State Superintendent of Education of any

license holder whom he or she has reasonable cause to believe

has committed an intentional act of abuse or neglect with the

result of making a child an abused child or a neglected child,

as defined in Section 3 of the Abused and Neglected Child

Reporting Act, and that act resulted in the license holder's

dismissal or resignation from the school district. This

notification must be submitted within 30 days after the

dismissal or resignation. The license holder must also be

contemporaneously sent a copy of the notice by the

superintendent. All correspondence, documentation, and other

information so received by the State Superintendent of

Education, the State Board of Education, or the State Educator

Preparation and Licensure Board under this subsection (e-5) is

confidential and must not be disclosed to third parties,

except (i) as necessary for the State Superintendent of

Education or his or her designee to investigate and prosecute

pursuant to Article 21B of this Code, (ii) pursuant to a court

order, (iii) for disclosure to the license holder or his or her

representative, or (iv) as otherwise provided in this Article

and provided that any such information admitted into evidence

in a hearing is exempt from this confidentiality and

non-disclosure requirement. Except for an act of willful or

wanton misconduct, any superintendent who provides

notification as required in this subsection (e-5) shall have

immunity from any liability, whether civil or criminal or that

otherwise might result by reason of such action.

(f) After March 19, 1990, the provisions of this Section

shall apply to all employees of persons or firms holding

contracts with any school district including, but not limited

to, food service workers, school bus drivers and other

transportation employees, who have direct, daily contact with

the pupils of any school in such district. For purposes of

criminal history records checks and checks of the Statewide

Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to

more than one school district, the regional superintendent of

the educational service region in which the contracting school

districts are located may, at the request of any such school

district, be responsible for receiving the authorization for a

criminal history records check prepared by each such employee

and submitting the same to the Illinois Department of State

Police and for conducting a check of the Statewide Sex

Offender Database for each employee. Any information

concerning the record of conviction and identification as a

sex offender of any such employee obtained by the regional

superintendent shall be promptly reported to the president of

the appropriate school board or school boards.

(f-5) Upon request of a school or school district, any

information obtained by the school district pursuant to

subsection (f) of this Section within the last year must be

made available to the requesting school or school district.

(g) Prior to the commencement of any student teaching

experience or required internship (which is referred to as

student teaching in this Section) in the public schools, a

student teacher is required to authorize a fingerprint-based

criminal history records check. Authorization for and payment

of the costs of the check must be furnished by the student

teacher to the school district. Upon receipt of this

authorization and payment, the school district shall submit

the student teacher's name, sex, race, date of birth, social

security number, fingerprint images, and other identifiers, as

prescribed by the Illinois Department of State Police, to the

Illinois Department of State Police. The Illinois Department

of State Police and the Federal Bureau of Investigation shall

furnish, pursuant to a fingerprint-based criminal history

records check, records of convictions, forever and

hereinafter, until expunged, to the president of the board.

The Illinois State Police Department shall charge the school

district a fee for conducting the check, which fee must not

exceed the cost of the inquiry and must be deposited into the

State Police Services Fund. The school district shall further

perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and

of the Statewide Murderer and Violent Offender Against Youth

Database, as authorized by the Murderer and Violent Offender

Against Youth Registration Act, for each student teacher. The

board may not knowingly allow a person to student teach for

whom a criminal history records check, a Statewide Sex

Offender Database check, and a Statewide Murderer and Violent

Offender Against Youth Database check have not been completed

and reviewed by the district.

A copy of the record of convictions obtained from the

Illinois Department of State Police must be provided to the

student teacher. Any information concerning the record of

convictions obtained by the president of the board is

confidential and may only be transmitted to the general

superintendent of schools or his or her designee, the State

Superintendent of Education, the State Educator Preparation

and Licensure Board, or, for clarification purposes, the

Illinois Department of State Police or the Statewide Sex

Offender Database or Statewide Murderer and Violent Offender

Against Youth Database. Any unauthorized release of

confidential information may be a violation of Section 7 of

the Criminal Identification Act.

The board may not knowingly allow a person to student

teach who has been convicted of any offense that would subject

him or her to license suspension or revocation pursuant to

subsection (c) of Section 21B-80 of this Code, except as

provided under subsection (b) of Section 21B-80. Further, the

board may not allow a person to student teach if he or she has

been found to be the perpetrator of sexual or physical abuse of

a minor under 18 years of age pursuant to proceedings under

Article II of the Juvenile Court Act of 1987. The board must

consider the status of a person to student teach who has been

issued an indicated finding of abuse or neglect of a child by

the Department of Children and Family Services under the

Abused and Neglected Child Reporting Act or by a child welfare

agency of another jurisdiction.

(h) (Blank).

(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20.)

Section 515. The Medical School Matriculant Criminal

History Records Check Act is amended by changing Sections 10,

15, and 25 as follows:

(110 ILCS 57/10)

Sec. 10. Criminal history records check for matriculants.

(a) A public medical school located in Illinois must

conduct an inquiry into the Illinois Department of State

Police's Statewide Sex Offender Database for each matriculant

and must require that each matriculant submit to a

fingerprint-based criminal history records check for violent

felony convictions, conducted by the Illinois Department of

State Police and the Federal Bureau of Investigation, as part

of the medical school admissions process. The medical school

shall forward the name, sex, race, date of birth, social

security number, and fingerprints of each of its matriculants

to the Illinois Department of State Police to be searched

against the fingerprint records now and hereafter filed in the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history records databases. The

fingerprints of each matriculant must be submitted in the form

and manner prescribed by the Illinois Department of State

Police. The Illinois Department of State Police shall furnish,

pursuant to positive identification, records of a

matriculant's violent felony convictions to the medical school

that requested the criminal history records check. Compliance

with the criminal history record checks required by this

subsection (a) may also be accomplished through the use of a

private entity that checks criminal history records for

violent felony convictions.

(b) A private medical school located in Illinois must

conduct an inquiry into the Illinois Department of State

Police's Statewide Sex Offender Database for each matriculant

and must require that each matriculant submit to an Illinois

Uniform Conviction Information Act fingerprint-based, criminal

history records check for violent felony convictions,

conducted by the Illinois Department of State Police, as part

of the medical school admissions process. The medical school

shall forward the name, sex, race, date of birth, social

security number, and fingerprints of each of its matriculants

to the Illinois Department of State Police to be searched

against the fingerprint records now and hereafter filed in the

Illinois Department of State Police criminal history records

database. The fingerprints of each matriculant must be

submitted in the form and manner prescribed by the Illinois

Department of State Police. The Illinois Department of State

Police shall furnish, pursuant to positive identification,

records of a matriculant's violent felony convictions to the

medical school that requested the criminal history records

check. Compliance with the criminal history record checks

required by this subsection (b) may also be accomplished

through the use of a private entity that checks criminal

history records for violent felony convictions.

(Source: P.A. 96-1044, eff. 7-14-10.)

(110 ILCS 57/15)

Sec. 15. Fees. The Illinois Department of State Police

shall charge each requesting medical school a fee for

conducting the criminal history records check under Section 10

of this Act, which shall be deposited in the State Police

Services Fund and shall not exceed the cost of the inquiry.

Each requesting medical school is solely responsible for

payment of this fee to the Illinois Department of State

Police. Each requesting medical school is solely responsible

for payment of any fees associated with the use of a private

entity that checks criminal history records for violent felony

convictions. Each medical school may impose its own fee upon a

matriculant to cover the cost of the criminal history records

check at the time the matriculant submits to the criminal

history records check.

(Source: P.A. 96-1044, eff. 7-14-10.)

(110 ILCS 57/25)

Sec. 25. Civil immunity. Except for willful wilful or

wanton misconduct, no medical school acting under the

provisions of this Act shall be civilly liable to any

matriculant for reporting any required information to the

Illinois Department of State Police or for any decision made

pursuant to Section 20 of this Act.

(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)

Section 525. The Transmitters of Money Act is amended by

changing Section 25 as follows:

(205 ILCS 657/25)

Sec. 25. Application for license.

(a) An application for a license must be in writing, under

oath, and in the form the Director prescribes. The application

must contain or be accompanied by all of the following:

(1) The name of the applicant and the address of the

principal place of business of the applicant and the

address of all locations and proposed locations of the

applicant in this State.

(2) The form of business organization of the

applicant, including:

(A) a copy of its articles of incorporation and

amendments thereto and a copy of its bylaws, certified

by its secretary, if the applicant is a corporation;

(B) a copy of its partnership agreement, certified

by a partner, if the applicant is a partnership; or

(C) a copy of the documents that control its

organizational structure, certified by a managing

official, if the applicant is organized in some other

form.

(3) The name, business and home address, and a

chronological summary of the business experience, material

litigation history, and felony convictions over the

preceding 10 years of:

(A) the proprietor, if the applicant is an

individual;

(B) every partner, if the applicant is a

partnership;

(C) each officer, director, and controlling

person, if the applicant is a corporation; and

(D) each person in a position to exercise control

over, or direction of, the business of the applicant,

regardless of the form of organization of the

applicant.

(4) Financial statements, not more than one year old,

prepared in accordance with generally accepted accounting

principles and audited by a licensed public accountant or

certified public accountant showing the financial

condition of the applicant and an unaudited balance sheet

and statement of operation as of the most recent quarterly

report before the date of the application, certified by

the applicant or an officer or partner thereof. If the

applicant is a wholly owned subsidiary or is eligible to

file consolidated federal income tax returns with its

parent, however, unaudited financial statements for the

preceding year along with the unaudited financial

statements for the most recent quarter may be submitted if

accompanied by the audited financial statements of the

parent company for the preceding year along with the

unaudited financial statement for the most recent quarter.

(5) Filings of the applicant with the Securities and

Exchange Commission or similar foreign governmental entity

(English translation), if any.

(6) A list of all other states in which the applicant

is licensed as a money transmitter and whether the license

of the applicant for those purposes has ever been

withdrawn, refused, canceled, or suspended in any other

state, with full details.

(7) A list of all money transmitter locations and

proposed locations in this State.

(8) A sample of the contract for authorized sellers.

(9) A sample form of the proposed payment instruments

to be used in this State.

(10) The name and business address of the clearing

banks through which the applicant intends to conduct any

business regulated under this Act.

(11) A surety bond as required by Section 30 of this

Act.

(12) The applicable fees as required by Section 45 of

this Act.

(13) A written consent to service of process as

provided by Section 100 of this Act.

(14) A written statement that the applicant is in full

compliance with and agrees to continue to fully comply

with all state and federal statutes and regulations

relating to money laundering.

(15) All additional information the Director considers

necessary in order to determine whether or not to issue

the applicant a license under this Act.

(a-5) The proprietor, partner, officer, director, and

controlling person of the applicant shall submit their

fingerprints to the Illinois Department of State Police in an

electronic format that complies with the form and manner for

requesting and furnishing criminal history record information

as prescribed by the Illinois Department of State Police.

These fingerprints shall be retained and checked against the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history record databases now and

hereafter filed, including latent fingerprint searches. The

Illinois Department of State Police shall charge applicants a

fee for conducting the criminal history records check, which

shall be deposited into the State Police Services Fund and

shall not exceed the actual cost of the records check. The

Illinois Department of State Police shall furnish records of

Illinois convictions to the Department pursuant to positive

identification and shall forward the national criminal history

record information to the Department. The Department may

require applicants to pay a separate fingerprinting fee,

either to the Department or to a Department-designated or

Department-approved vendor. The Department, in its discretion,

may allow a proprietor, partner, officer, director, or

controlling person of an applicant who does not have

reasonable access to a designated vendor to provide his or her

fingerprints in an alternative manner. The Department, in its

discretion, may also use other procedures in performing or

obtaining criminal background checks of applicants. Instead of

submitting his or her fingerprints, an individual may submit

proof that is satisfactory to the Department that an

equivalent security clearance has been conducted. The

Department may adopt any rules necessary to implement this

subsection.

(b) The Director may, for good cause shown, waive, in

part, any of the requirements of this Section.

(Source: P.A. 100-979, eff. 8-19-18.)

Section 530. The Currency Reporting Act is amended by

changing Sections 2, 3, and 4 as follows:

(205 ILCS 685/2) (from Ch. 17, par. 7352)

Sec. 2. It is the purpose of this Act to require the

keeping and submission to the Director of the Illinois State

Police of certain reports and records of transactions

involving United States currency when such reports and records

have a high degree of usefulness in criminal, tax or

regulatory investigations or proceedings.

(Source: P.A. 87-619.)

(205 ILCS 685/3) (from Ch. 17, par. 7353)

Sec. 3. As used in this Act, the term:

(a) "Currency" means currency and coin of the United

States;

(b) (Blank); "Department" means the Department of State

Police;

(c) "Director" means Director of the Illinois State

Police;

(d) "Financial Institution" means any:

(1) National or state bank or banking association;

(2) Agency or branch of a foreign bank, or

international bank;

(3) Industrial savings bank;

(4) Trust company;

(5) Federal or state savings and loan association;

(6) Federal or state credit union;

(7) Community or ambulatory currency exchange;

(8) Issuer, redeemer, or cashier of travelers' checks,

money orders, or similar instruments;

(9) Operator of a credit card system;

(10) Insurance company;

(11) Dealer in precious metals, stones, and jewels;

(12) Loan or finance company;

(13) Pawnbroker;

(14) Travel agency;

(15) Licensed sender of money;

(16) Telegraph company;

(17) Business engaged in vehicle or vessel sales,

including automobile, airplane and boat sales;

(18) Person involved in real estate closings,

settlements, sales, or auctions.

However, "Financial Institution" does not include an office,

department, agency or other entity of State government.

(Source: P.A. 87-619.)

(205 ILCS 685/4) (from Ch. 17, par. 7354)

Sec. 4. (a) Every financial institution shall keep a

record of every currency transaction involving more than

$10,000 and shall file a report with the Illinois State Police

Department at such time and containing such information as the

Director by rule or regulation requires. Unless otherwise

provided by rule, a financial institution may exempt from the

reporting requirements of this Section deposits, withdrawals,

exchanges, or payments exempted from the reporting

requirements of Title 31 U.S.C. 5313. Each financial

institution shall maintain a record of each exemption granted,

including the name, address, type of business, taxpayer

identification number, and account number of the customer

granted the exemption; the type of transactions exempted; and

the dollar limit of each exempt transaction. Such record of

exemptions shall be made available to the Illinois State

Police Department for inspection and copying.

(b) A financial institution in compliance with the

provisions of the Currency and Foreign Transactions Reporting

Act (31 U.S.C. 5311, et seq.) and Federal regulations

prescribed thereunder shall be deemed to be in compliance with

the provisions of this Section and rules or regulations

prescribed thereunder by the Director.

(Source: P.A. 87-619.)

Section 535. The Abused and Neglected Long Term Care

Facility Residents Reporting Act is amended by changing

Sections 6 and 10 as follows:

(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

Sec. 6. All reports of suspected abuse or neglect made

under this Act shall be made immediately by telephone to the

Department's central register established under Section 14 on

the single, State-wide, toll-free telephone number established

under Section 13, or in person or by telephone through the

nearest Department office. No long term care facility

administrator, agent or employee, or any other person, shall

screen reports or otherwise withhold any reports from the

Department, and no long term care facility, department of

State government, or other agency shall establish any rules,

criteria, standards or guidelines to the contrary. Every long

term care facility, department of State government and other

agency whose employees are required to make or cause to be made

reports under Section 4 shall notify its employees of the

provisions of that Section and of this Section, and provide to

the Department documentation that such notification has been

given. The Department of Human Services shall train all of its

mental health and developmental disabilities employees in the

detection and reporting of suspected abuse and neglect of

residents. Reports made to the central register through the

State-wide, toll-free telephone number shall be transmitted to

appropriate Department offices and municipal health

departments that have responsibility for licensing long term

care facilities under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, the

ID/DD Community Care Act, or the MC/DD Act. All reports

received through offices of the Department shall be forwarded

to the central register, in a manner and form described by the

Department. The Department shall be capable of receiving

reports of suspected abuse and neglect 24 hours a day, 7 days a

week. Reports shall also be made in writing deposited in the

U.S. mail, postage prepaid, within 24 hours after having

reasonable cause to believe that the condition of the resident

resulted from abuse or neglect. Such reports may in addition

be made to the local law enforcement agency in the same manner.

However, in the event a report is made to the local law

enforcement agency, the reporter also shall immediately so

inform the Department. The Department shall initiate an

investigation of each report of resident abuse and neglect

under this Act, whether oral or written, as provided for in

Section 3-702 of the Nursing Home Care Act, Section 2-208 of

the Specialized Mental Health Rehabilitation Act of 2013,

Section 3-702 of the ID/DD Community Care Act, or Section

3-702 of the MC/DD Act, except that reports of abuse which

indicate that a resident's life or safety is in imminent

danger shall be investigated within 24 hours of such report.

The Department may delegate to law enforcement officials or

other public agencies the duty to perform such investigation.

With respect to investigations of reports of suspected

abuse or neglect of residents of mental health and

developmental disabilities institutions under the jurisdiction

of the Department of Human Services, the Department shall

transmit copies of such reports to the Illinois Department of

State Police, the Department of Human Services, and the

Inspector General appointed under Section 1-17 of the

Department of Human Services Act. If the Department receives a

report of suspected abuse or neglect of a recipient of

services as defined in Section 1-123 of the Mental Health and

Developmental Disabilities Code, the Department shall transmit

copies of such report to the Inspector General and the

Directors of the Guardianship and Advocacy Commission and the

agency designated by the Governor pursuant to the Protection

and Advocacy for Persons with Developmental Disabilities Act.

When requested by the Director of the Guardianship and

Advocacy Commission, the agency designated by the Governor

pursuant to the Protection and Advocacy for Persons with

Developmental Disabilities Act, or the Department of Financial

and Professional Regulation, the Department, the Department of

Human Services and the Illinois Department of State Police

shall make available a copy of the final investigative report

regarding investigations conducted by their respective

agencies on incidents of suspected abuse or neglect of

residents of mental health and developmental disabilities

institutions or individuals receiving services at community

agencies under the jurisdiction of the Department of Human

Services. Such final investigative report shall not contain

witness statements, investigation notes, draft summaries,

results of lie detector tests, investigative files or other

raw data which was used to compile the final investigative

report. Specifically, the final investigative report of the

Illinois Department of State Police shall mean the Director's

final transmittal letter. The Department of Human Services

shall also make available a copy of the results of

disciplinary proceedings of employees involved in incidents of

abuse or neglect to the Directors. All identifiable

information in reports provided shall not be further disclosed

except as provided by the Mental Health and Developmental

Disabilities Confidentiality Act. Nothing in this Section is

intended to limit or construe the power or authority granted

to the agency designated by the Governor pursuant to the

Protection and Advocacy for Persons with Developmental

Disabilities Act, pursuant to any other State or federal

statute.

With respect to investigations of reported resident abuse

or neglect, the Department shall effect with appropriate law

enforcement agencies formal agreements concerning methods and

procedures for the conduct of investigations into the criminal

histories of any administrator, staff assistant or employee of

the nursing home or other person responsible for the residents

care, as well as for other residents in the nursing home who

may be in a position to abuse, neglect or exploit the patient.

Pursuant to the formal agreements entered into with

appropriate law enforcement agencies, the Department may

request information with respect to whether the person or

persons set forth in this paragraph have ever been charged

with a crime and if so, the disposition of those charges.

Unless the criminal histories of the subjects involved crimes

of violence or resident abuse or neglect, the Department shall

be entitled only to information limited in scope to charges

and their dispositions. In cases where prior crimes of

violence or resident abuse or neglect are involved, a more

detailed report can be made available to authorized

representatives of the Department, pursuant to the agreements

entered into with appropriate law enforcement agencies. Any

criminal charges and their disposition information obtained by

the Department shall be confidential and may not be

transmitted outside the Department, except as required herein,

to authorized representatives or delegates of the Department,

and may not be transmitted to anyone within the Department who

is not duly authorized to handle resident abuse or neglect

investigations.

The Department shall effect formal agreements with

appropriate law enforcement agencies in the various counties

and communities to encourage cooperation and coordination in

the handling of resident abuse or neglect cases pursuant to

this Act. The Department shall adopt and implement methods and

procedures to promote statewide uniformity in the handling of

reports of abuse and neglect under this Act, and those methods

and procedures shall be adhered to by personnel of the

Department involved in such investigations and reporting. The

Department shall also make information required by this Act

available to authorized personnel within the Department, as

well as its authorized representatives.

The Department shall keep a continuing record of all

reports made pursuant to this Act, including indications of

the final determination of any investigation and the final

disposition of all reports.

The Department shall report annually to the General

Assembly on the incidence of abuse and neglect of long term

care facility residents, with special attention to residents

who are persons with mental disabilities. The report shall

include but not be limited to data on the number and source of

reports of suspected abuse or neglect filed under this Act,

the nature of any injuries to residents, the final

determination of investigations, the type and number of cases

where abuse or neglect is determined to exist, and the final

disposition of cases.

(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

(210 ILCS 30/10) (from Ch. 111 1/2, par. 4170)

Sec. 10. If, during the investigation of a report made

pursuant to this Act, the Department obtains information

indicating possible criminal acts, the Department shall refer

the matter to the appropriate law enforcement agency or

agencies for further investigation or prosecution. The

Department shall make the entire file of its investigation

available to the appropriate law enforcement agencies.

With respect to reports of suspected abuse or neglect of

residents of facilities operated by the Department of Human

Services (as successor to the Department of Rehabilitation

Services) or recipients of services through any home,

institution, program or other entity licensed in whole or in

part by the Department of Human Services (as successor to the

Department of Rehabilitation Services), the Department shall

refer reports to the Illinois Department of State Police or

the appropriate law enforcement entity upon awareness that a

possible criminal act has occurred.

(Source: P.A. 94-428, eff. 8-2-05.)

Section 540. The Nursing Home Care Act is amended by

changing Sections 1-114.01, 2-201.5, 2-201.6, and 2-201.7 as

follows:

(210 ILCS 45/1-114.01)

Sec. 1-114.01. Identified offender. "Identified offender"

means a person who meets any of the following criteria:

(1) Has been convicted of, found guilty of,

adjudicated delinquent for, found not guilty by reason of

insanity for, or found unfit to stand trial for, any

felony offense listed in Section 25 of the Health Care

Worker Background Check Act, except for the following: (i)

a felony offense described in Section 10-5 of the Nurse

Practice Act; (ii) a felony offense described in Section

4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit

Card Act; (iii) a felony offense described in Section 5,

5.1, 5.2, 7, or 9 of the Cannabis Control Act; (iv) a

felony offense described in Section 401, 401.1, 404, 405,

405.1, 407, or 407.1 of the Illinois Controlled Substances

Act; and (v) a felony offense described in the

Methamphetamine Control and Community Protection Act.

(2) Has been convicted of, adjudicated delinquent for,

found not guilty by reason of insanity for, or found unfit

to stand trial for, any sex offense as defined in

subsection (c) of Section 10 of the Sex Offender

Management Board Act.

(3) Is any other resident as determined by the

Illinois Department of State Police.

(Source: P.A. 96-1372, eff. 7-29-10.)

(210 ILCS 45/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a

nursing facility must be screened to determine the need for

nursing facility services prior to being admitted, regardless

of income, assets, or funding source. Screening for nursing

facility services shall be administered through procedures

established by administrative rule. Screening may be done by

agencies other than the Department as established by

administrative rule. This Section applies on and after July 1,

1996. No later than October 1, 2010, the Department of

Healthcare and Family Services, in collaboration with the

Department on Aging, the Department of Human Services, and the

Department of Public Health, shall file administrative rules

providing for the gathering, during the screening process, of

information relevant to determining each person's potential

for placing other residents, employees, and visitors at risk

of harm.

(a-1) Any screening performed pursuant to subsection (a)

of this Section shall include a determination of whether any

person is being considered for admission to a nursing facility

due to a need for mental health services. For a person who

needs mental health services, the screening shall also include

an evaluation of whether there is permanent supportive

housing, or an array of community mental health services,

including but not limited to supported housing, assertive

community treatment, and peer support services, that would

enable the person to live in the community. The person shall be

told about the existence of any such services that would

enable the person to live safely and humanely and about

available appropriate nursing home services that would enable

the person to live safely and humanely, and the person shall be

given the assistance necessary to avail himself or herself of

any available services.

(a-2) Pre-screening for persons with a serious mental

illness shall be performed by a psychiatrist, a psychologist,

a registered nurse certified in psychiatric nursing, a

licensed clinical professional counselor, or a licensed

clinical social worker, who is competent to (i) perform a

clinical assessment of the individual, (ii) certify a

diagnosis, (iii) make a determination about the individual's

current need for treatment, including substance abuse

treatment, and recommend specific treatment, and (iv)

determine whether a facility or a community-based program is

able to meet the needs of the individual.

For any person entering a nursing facility, the

pre-screening agent shall make specific recommendations about

what care and services the individual needs to receive,

beginning at admission, to attain or maintain the individual's

highest level of independent functioning and to live in the

most integrated setting appropriate for his or her physical

and personal care and developmental and mental health needs.

These recommendations shall be revised as appropriate by the

pre-screening or re-screening agent based on the results of

resident review and in response to changes in the resident's

wishes, needs, and interest in transition.

Upon the person entering the nursing facility, the

Department of Human Services or its designee shall assist the

person in establishing a relationship with a community mental

health agency or other appropriate agencies in order to (i)

promote the person's transition to independent living and (ii)

support the person's progress in meeting individual goals.

(a-3) The Department of Human Services, by rule, shall

provide for a prohibition on conflicts of interest for

pre-admission screeners. The rule shall provide for waiver of

those conflicts by the Department of Human Services if the

Department of Human Services determines that a scarcity of

qualified pre-admission screeners exists in a given community

and that, absent a waiver of conflicts, an insufficient number

of pre-admission screeners would be available. If a conflict

is waived, the pre-admission screener shall disclose the

conflict of interest to the screened individual in the manner

provided for by rule of the Department of Human Services. For

the purposes of this subsection, a "conflict of interest"

includes, but is not limited to, the existence of a

professional or financial relationship between (i) a PAS-MH

corporate or a PAS-MH agent and (ii) a community provider or

long-term care facility.

(b) In addition to the screening required by subsection

(a), a facility, except for those licensed under the MC/DD

Act, shall, within 24 hours after admission, request a

criminal history background check pursuant to the Illinois

Uniform Conviction Information Act for all persons age 18 or

older seeking admission to the facility, unless (i) a

background check was initiated by a hospital pursuant to

subsection (d) of Section 6.09 of the Hospital Licensing Act

or a pre-admission background check was conducted by the

Department of Veterans' Affairs 30 days prior to admittance

into an Illinois Veterans Home; (ii) the transferring resident

is immobile; or (iii) the transferring resident is moving into

hospice. The exemption provided in item (ii) or (iii) of this

subsection (b) shall apply only if a background check was

completed by the facility the resident resided at prior to

seeking admission to the facility and the resident was

transferred to the facility with no time passing during which

the resident was not institutionalized. If item (ii) or (iii)

of this subsection (b) applies, the prior facility shall

provide a copy of its background check of the resident and all

supporting documentation, including, when applicable, the

criminal history report and the security assessment, to the

facility to which the resident is being transferred.

Background checks conducted pursuant to this Section shall be

based on the resident's name, date of birth, and other

identifiers as required by the Illinois Department of State

Police. If the results of the background check are

inconclusive, the facility shall initiate a fingerprint-based

check, unless the fingerprint check is waived by the Director

of Public Health based on verification by the facility that

the resident is completely immobile or that the resident meets

other criteria related to the resident's health or lack of

potential risk which may be established by Departmental rule.

A waiver issued pursuant to this Section shall be valid only

while the resident is immobile or while the criteria

supporting the waiver exist. The facility shall provide for or

arrange for any required fingerprint-based checks to be taken

on the premises of the facility. If a fingerprint-based check

is required, the facility shall arrange for it to be conducted

in a manner that is respectful of the resident's dignity and

that minimizes any emotional or physical hardship to the

resident.

(c) If the results of a resident's criminal history

background check reveal that the resident is an identified

offender as defined in Section 1-114.01, the facility shall do

the following:

(1) Immediately notify the Illinois Department of

State Police, in the form and manner required by the

Illinois Department of State Police, in collaboration with

the Department of Public Health, that the resident is an

identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender resident. The inquiry shall be based

on the subject's name, sex, race, date of birth,

fingerprint images, and other identifiers required by the

Illinois Department of State Police. The inquiry shall be

processed through the files of the Illinois Department of

State Police and the Federal Bureau of Investigation to

locate any criminal history record information that may

exist regarding the subject. The Federal Bureau of

Investigation shall furnish to the Illinois Department of

State Police, pursuant to an inquiry under this paragraph

(2), any criminal history record information contained in

its files.

The facility shall comply with all applicable provisions

contained in the Illinois Uniform Conviction Information Act.

All name-based and fingerprint-based criminal history

record inquiries shall be submitted to the Illinois Department

of State Police electronically in the form and manner

prescribed by the Illinois Department of State Police. The

Illinois Department of State Police may charge the facility a

fee for processing name-based and fingerprint-based criminal

history record inquiries. The fee shall be deposited into the

State Police Services Fund. The fee shall not exceed the

actual cost of processing the inquiry.

(d) (Blank).

(e) The Department shall develop and maintain a

de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the

attendant circumstances, solely for the purposes of evaluating

and improving resident pre-screening and assessment procedures

(including the Criminal History Report prepared under Section

2-201.6) and the adequacy of Department requirements

concerning the provision of care and services to residents. A

resident shall not be listed in the database until a

Department survey confirms the accuracy of the listing. The

names of persons listed in the database and information that

would allow them to be individually identified shall not be

made public. Neither the Department nor any other agency of

State government may use information in the database to take

any action against any individual, licensee, or other entity,

unless the Department or agency receives the information

independent of this subsection (e). All information collected,

maintained, or developed under the authority of this

subsection (e) for the purposes of the database maintained

under this subsection (e) shall be treated in the same manner

as information that is subject to Part 21 of Article VIII of

the Code of Civil Procedure.

(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;

99-453, eff. 8-24-15; 99-642, eff. 7-28-16.)

(210 ILCS 45/2-201.6)

Sec. 2-201.6. Criminal History Report.

(a) The Illinois Department of State Police shall prepare

a Criminal History Report when it receives information,

through the criminal history background check required

pursuant to subsection (d) of Section 6.09 of the Hospital

Licensing Act or subsection (c) of Section 2-201.5, or through

any other means, that a resident of a facility is an identified

offender.

(b) The Illinois Department of State Police shall complete

the Criminal History Report within 10 business days after

receiving information under subsection (a) that a resident is

an identified offender.

(c) The Criminal History Report shall include, but not be

limited to, the following:

(1) (Blank).

(2) (Blank).

(3) (Blank).

(3.5) Copies of the identified offender's parole,

mandatory supervised release, or probation orders.

(4) An interview with the identified offender.

(5) (Blank).

(6) A detailed summary of the entire criminal history

of the offender, including arrests, convictions, and the

date of the identified offender's last conviction relative

to the date of admission to a long-term care facility.

(7) If the identified offender is a convicted or

registered sex offender, a review of any and all sex

offender evaluations conducted on that offender. If there

is no sex offender evaluation available, the Illinois

Department of State Police shall arrange, through the

Department of Public Health, for a sex offender evaluation

to be conducted on the identified offender. If the

convicted or registered sex offender is under supervision

by the Illinois Department of Corrections or a county

probation department, the sex offender evaluation shall be

arranged by and at the expense of the supervising agency.

All evaluations conducted on convicted or registered sex

offenders under this Act shall be conducted by sex

offender evaluators approved by the Sex Offender

Management Board.

(d) The Illinois Department of State Police shall provide

the Criminal History Report to a licensed forensic

psychologist. After (i) consideration of the Criminal History

Report, (ii) consultation with the facility administrator or

the facility medical director, or both, regarding the mental

and physical condition of the identified offender, and (iii)

reviewing the facility's file on the identified offender,

including all incident reports, all information regarding

medication and medication compliance, and all information

regarding previous discharges or transfers from other

facilities, the licensed forensic psychologist shall prepare

an Identified Offender Report and Recommendation. The

Identified Offender Report and Recommendation shall detail

whether and to what extent the identified offender's criminal

history necessitates the implementation of security measures

within the long-term care facility. If the identified offender

is a convicted or registered sex offender or if the Identified

Offender Report and Recommendation reveals that the identified

offender poses a significant risk of harm to others within the

facility, the offender shall be required to have his or her own

room within the facility.

(e) The licensed forensic psychologist shall complete the

Identified Offender Report and Recommendation within 14

business days after receiving the Criminal History Report and

shall promptly provide the Identified Offender Report and

Recommendation to the Illinois Department of State Police,

which shall provide the Identified Offender Report and

Recommendation to the following:

(1) The long-term care facility within which the

identified offender resides.

(2) The Chief of Police of the municipality in which

the facility is located.

(3) The State of Illinois Long Term Care Ombudsman.

(4) The Department of Public Health.

(e-5) The Department of Public Health shall keep a

continuing record of all residents determined to be identified

offenders as defined in Section 1-114.01 and shall report the

number of identified offender residents annually to the

General Assembly.

(f) The facility shall incorporate the Identified Offender

Report and Recommendation into the identified offender's care

plan created pursuant to 42 CFR 483.20.

(g) If, based on the Identified Offender Report and

Recommendation, a facility determines that it cannot manage

the identified offender resident safely within the facility,

it shall commence involuntary transfer or discharge

proceedings pursuant to Section 3-402.

(h) Except for willful and wanton misconduct, any person

authorized to participate in the development of a Criminal

History Report or Identified Offender Report and

Recommendation is immune from criminal or civil liability for

any acts or omissions as the result of his or her good faith

effort to comply with this Section.

(Source: P.A. 96-1372, eff. 7-29-10.)

(210 ILCS 45/2-201.7)

Sec. 2-201.7. Expanded criminal history background check

pilot program.

(a) The purpose of this Section is to establish a pilot

program based in Cook and Will counties in which an expanded

criminal history background check screening process will be

utilized to better identify residents of licensed long term

care facilities who, because of their criminal histories, may

pose a risk to other vulnerable residents.

(b) In this Section, "mixed population facility" means a

facility that has more than 25 residents with a diagnosis of

serious mental illness and residents 65 years of age or older.

(c) Every mixed population facility located in Cook County

or Will County shall participate in the pilot program and

shall employ expanded criminal history background check

screening procedures for all residents admitted to the

facility who are at least 18 years of age but less than 65

years of age. Under the pilot program, criminal history

background checks required under this Act shall employ

fingerprint-based criminal history record inquiries or

comparably comprehensive name-based criminal history

background checks. Fingerprint-based criminal history record

inquiries shall be conducted pursuant to subsection (c-2) of

Section 2-201.5. A Criminal History Report and an Identified

Offender Report and Recommendation shall be completed pursuant

to Section 2-201.6 if the results of the expanded criminal

history background check reveal that a resident is an

identified offender as defined in Section 1-114.01.

(d) If an expanded criminal history background check

reveals that a resident is an identified offender as defined

in Section 1-114.01, the facility shall be notified within 72

hours.

(e) The cost of the expanded criminal history background

checks conducted pursuant to the pilot program shall not

exceed $50 per resident and shall be paid by the facility. The

Illinois Department of State Police shall implement all

potential measures to minimize the cost of the expanded

criminal history background checks to the participating long

term care facilities.

(f) The pilot program shall run for a period of one year

after the effective date of this amendatory Act of the 96th

General Assembly. Promptly after the end of that one-year

period, the Department shall report the results of the pilot

program to the General Assembly.

(Source: P.A. 96-1372, eff. 7-29-10.)

Section 545. The MC/DD Act is amended by changing Sections

1-114.01, 2-201.5, and 2-201.6 as follows:

(210 ILCS 46/1-114.01)

Sec. 1-114.01. Identified offender. "Identified offender"

means a person who meets any of the following criteria:

(1) Has been convicted of, found guilty of,

adjudicated delinquent for, found not guilty by reason of

insanity for, or found unfit to stand trial for any felony

offense listed in Section 25 of the Health Care Worker

Background Check Act, except for the following:

(i) a felony offense described in Section 10-5 of

the Nurse Practice Act;

(ii) a felony offense described in Section 4, 5,

6, 8, or 17.02 of the Illinois Credit Card and Debit

Card Act;

(iii) a felony offense described in Section 5,

5.1, 5.2, 7, or 9 of the Cannabis Control Act;

(iv) a felony offense described in Section 401,

401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois

Controlled Substances Act; and

(v) a felony offense described in the

Methamphetamine Control and Community Protection Act.

(2) Has been convicted of, adjudicated delinquent for,

found not guilty by reason of insanity for, or found unfit

to stand trial for, any sex offense as defined in

subsection (c) of Section 10 of the Sex Offender

Management Board Act.

(3) Is any other resident as determined by the

Illinois Department of State Police.

(Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a

facility must be screened to determine the need for facility

services prior to being admitted, regardless of income,

assets, or funding source. In addition, any person who seeks

to become eligible for medical assistance from the Medical

Assistance Program under the Illinois Public Aid Code to pay

for services while residing in a facility must be screened

prior to receiving those benefits. Screening for facility

services shall be administered through procedures established

by administrative rule. Screening may be done by agencies

other than the Department as established by administrative

rule.

(a-1) Any screening shall also include an evaluation of

whether there are residential supports and services or an

array of community services that would enable the person to

live in the community. The person shall be told about the

existence of any such services that would enable the person to

live safely and humanely in the least restrictive environment,

that is appropriate, that the individual or guardian chooses,

and the person shall be given the assistance necessary to

avail himself or herself of any available services.

(b) In addition to the screening required by subsection

(a), a facility shall, within 24 hours after admission,

request a criminal history background check pursuant to the

Uniform Conviction Information Act for all persons age 18 or

older seeking admission to the facility. Background checks

conducted pursuant to this Section shall be based on the

resident's name, date of birth, and other identifiers as

required by the Illinois Department of State Police. If the

results of the background check are inconclusive, the facility

shall initiate a fingerprint-based check, unless the

fingerprint-based check is waived by the Director of Public

Health based on verification by the facility that the resident

is completely immobile or that the resident meets other

criteria related to the resident's health or lack of potential

risk which may be established by Departmental rule. A waiver

issued pursuant to this Section shall be valid only while the

resident is immobile or while the criteria supporting the

waiver exist. The facility shall provide for or arrange for

any required fingerprint-based checks. If a fingerprint-based

check is required, the facility shall arrange for it to be

conducted in a manner that is respectful of the resident's

dignity and that minimizes any emotional or physical hardship

to the resident.

(c) If the results of a resident's criminal history

background check reveal that the resident is an identified

offender as defined in Section 1-114.01 of this Act, the

facility shall do the following:

(1) Immediately notify the Illinois Department of

State Police, in the form and manner required by the

Illinois Department of State Police, in collaboration with

the Department of Public Health, that the resident is an

identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender resident. The inquiry shall be based

on the subject's name, sex, race, date of birth,

fingerprint images, and other identifiers required by the

Illinois Department of State Police. The inquiry shall be

processed through the files of the Illinois Department of

State Police and the Federal Bureau of Investigation to

locate any criminal history record information that may

exist regarding the subject. The Federal Bureau of

Investigation shall furnish to the Illinois Department of

State Police, pursuant to an inquiry under this paragraph

(2), any criminal history record information contained in

its files. The facility shall comply with all applicable

provisions contained in the Uniform Conviction Information

Act. All name-based and fingerprint-based criminal history

record inquiries shall be submitted to the Illinois

Department of State Police electronically in the form and

manner prescribed by the Illinois Department of State

Police. The Illinois Department of State Police may charge

the facility a fee for processing name-based and

fingerprint-based criminal history record inquiries. The

fee shall be deposited into the State Police Services

Fund. The fee shall not exceed the actual cost of

processing the inquiry.

(d) The Department shall develop and maintain a

de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the

attendant circumstances, solely for the purposes of evaluating

and improving resident pre-screening and assessment procedures

(including the Criminal History Report prepared under Section

2-201.6 of this Act) and the adequacy of Department

requirements concerning the provision of care and services to

residents. A resident shall not be listed in the database

until a Department survey confirms the accuracy of the

listing. The names of persons listed in the database and

information that would allow them to be individually

identified shall not be made public. Neither the Department

nor any other agency of State government may use information

in the database to take any action against any individual,

licensee, or other entity unless the Department or agency

receives the information independent of this subsection (d).

All information collected, maintained, or developed under the

authority of this subsection (d) for the purposes of the

database maintained under this subsection (d) shall be treated

in the same manner as information that is subject to Part 21 of

Article VIII of the Code of Civil Procedure.

(Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/2-201.6)

Sec. 2-201.6. Criminal History Report.

(a) The Illinois Department of State Police shall prepare

a Criminal History Report when it receives information,

through the criminal history background check required

pursuant to subsection (c) of Section 2-201.5 or through any

other means, that a resident of a facility is an identified

offender.

(b) The Illinois Department of State Police shall complete

the Criminal History Report within 10 business days after

receiving any information described under subsection (a) of

this Act that a resident is an identified offender.

(c) The Criminal History Report shall include, but not be

limited to, all of the following:

(1) Copies of the identified offender's parole,

mandatory supervised release, or probation orders.

(2) An interview with the identified offender.

(3) A detailed summary of the entire criminal history

of the offender, including arrests, convictions, and the

date of the identified offender's last conviction relative

to the date of admission to a facility.

(4) If the identified offender is a convicted or

registered sex offender, then a review of any and all sex

offender evaluations conducted on that offender. If there

is no sex offender evaluation available, then the Illinois

Department of State Police shall arrange, through the

Department of Public Health, for a sex offender evaluation

to be conducted on the identified offender. If the

convicted or registered sex offender is under supervision

by the Illinois Department of Corrections or a county

probation department, then the sex offender evaluation

shall be arranged by and at the expense of the supervising

agency. All evaluations conducted on convicted or

registered sex offenders under this Act shall be conducted

by sex offender evaluators approved by the Sex Offender

Management Board.

(d) The Illinois Department of State Police shall provide

the Criminal History Report to a licensed forensic

psychologist. The licensed forensic psychologist shall prepare

an Identified Offender Report and Recommendation after (i)

consideration of the Criminal History Report, (ii)

consultation with the facility administrator or the facility

medical director, or both, regarding the mental and physical

condition of the identified offender, and (iii) reviewing the

facility's file on the identified offender, including all

incident reports, all information regarding medication and

medication compliance, and all information regarding previous

discharges or transfers from other facilities. The Identified

Offender Report and Recommendation shall detail whether and to

what extent the identified offender's criminal history

necessitates the implementation of security measures within

the facility. If the identified offender is a convicted or

registered sex offender, or if the Identified Offender Report

and Recommendation reveals that the identified offender poses

a significant risk of harm to others within the facility, then

the offender shall be required to have his or her own room

within the facility.

(e) The licensed forensic psychologist shall complete the

Identified Offender Report and Recommendation within 14

business days after receiving the Criminal History Report and

shall promptly provide the Identified Offender Report and

Recommendation to the Illinois Department of State Police,

which shall provide the Identified Offender Report and

Recommendation to the following:

(1) The facility within which the identified offender

resides.

(2) The Chief of Police of the municipality in which

the facility is located.

(3) The State of Illinois Long Term Care Ombudsman.

(4) The Department of Public Health.

(f) The Department of Public Health shall keep a

continuing record of all residents determined to be identified

offenders as defined in Section 1-114.01 and shall report the

number of identified offender residents annually to the

General Assembly.

(g) The facility shall incorporate the Identified Offender

Report and Recommendation into the identified offender's

individual program plan created pursuant to 42 CFR 483.440(c).

(h) If, based on the Identified Offender Report and

Recommendation, a facility determines that it cannot manage

the identified offender resident safely within the facility,

then it shall commence involuntary transfer or discharge

proceedings pursuant to Section 3-402.

(i) Except for willful and wanton misconduct, any person

authorized to participate in the development of a Criminal

History Report or Identified Offender Report and

Recommendation is immune from criminal or civil liability for

any acts or omissions as the result of his or her good faith

effort to comply with this Section.

(Source: P.A. 99-180, eff. 7-29-15.)

Section 550. The ID/DD Community Care Act is amended by

changing Sections 1-114.01, 2-201.5, and 2-201.6 as follows:

(210 ILCS 47/1-114.01)

Sec. 1-114.01. Identified offender. "Identified offender"

means a person who meets any of the following criteria:

(1) Has been convicted of, found guilty of,

adjudicated delinquent for, found not guilty by reason of

insanity for, or found unfit to stand trial for any felony

offense listed in Section 25 of the Health Care Worker

Background Check Act, except for the following:

(i) a felony offense described in Section 10-5 of

the Nurse Practice Act;

(ii) a felony offense described in Section 4, 5,

6, 8, or 17.02 of the Illinois Credit Card and Debit

Card Act;

(iii) a felony offense described in Section 5,

5.1, 5.2, 7, or 9 of the Cannabis Control Act;

(iv) a felony offense described in Section 401,

401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois

Controlled Substances Act; and

(v) a felony offense described in the

Methamphetamine Control and Community Protection Act.

(2) Has been convicted of, adjudicated delinquent for,

found not guilty by reason of insanity for, or found unfit

to stand trial for, any sex offense as defined in

subsection (c) of Section 10 of the Sex Offender

Management Board Act.

(3) Is any other resident as determined by the

Illinois Department of State Police.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)

(210 ILCS 47/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a

facility must be screened to determine the need for facility

services prior to being admitted, regardless of income,

assets, or funding source. In addition, any person who seeks

to become eligible for medical assistance from the Medical

Assistance Program under the Illinois Public Aid Code to pay

for services while residing in a facility must be screened

prior to receiving those benefits. Screening for facility

services shall be administered through procedures established

by administrative rule. Screening may be done by agencies

other than the Department as established by administrative

rule.

(a-1) Any screening shall also include an evaluation of

whether there are residential supports and services or an

array of community services that would enable the person to

live in the community. The person shall be told about the

existence of any such services that would enable the person to

live safely and humanely in the least restrictive environment,

that is appropriate, that the individual or guardian chooses,

and the person shall be given the assistance necessary to

avail himself or herself of any available services.

(b) In addition to the screening required by subsection

(a), a facility shall, within 24 hours after admission,

request a criminal history background check pursuant to the

Uniform Conviction Information Act for all persons age 18 or

older seeking admission to the facility. Background checks

conducted pursuant to this Section shall be based on the

resident's name, date of birth, and other identifiers as

required by the Illinois Department of State Police. If the

results of the background check are inconclusive, the facility

shall initiate a fingerprint-based check, unless the

fingerprint-based check is waived by the Director of Public

Health based on verification by the facility that the resident

is completely immobile or that the resident meets other

criteria related to the resident's health or lack of potential

risk which may be established by Departmental rule. A waiver

issued pursuant to this Section shall be valid only while the

resident is immobile or while the criteria supporting the

waiver exist. The facility shall provide for or arrange for

any required fingerprint-based checks. If a fingerprint-based

check is required, the facility shall arrange for it to be

conducted in a manner that is respectful of the resident's

dignity and that minimizes any emotional or physical hardship

to the resident.

(c) If the results of a resident's criminal history

background check reveal that the resident is an identified

offender as defined in Section 1-114.01 of this Act, the

facility shall do the following:

(1) Immediately notify the Illinois Department of

State Police, in the form and manner required by the

Illinois Department of State Police, in collaboration with

the Department of Public Health, that the resident is an

identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender resident. The inquiry shall be based

on the subject's name, sex, race, date of birth,

fingerprint images, and other identifiers required by the

Illinois Department of State Police. The inquiry shall be

processed through the files of the Illinois Department of

State Police and the Federal Bureau of Investigation to

locate any criminal history record information that may

exist regarding the subject. The Federal Bureau of

Investigation shall furnish to the Illinois Department of

State Police, pursuant to an inquiry under this paragraph

(2), any criminal history record information contained in

its files. The facility shall comply with all applicable

provisions contained in the Uniform Conviction Information

Act. All name-based and fingerprint-based criminal history

record inquiries shall be submitted to the Illinois

Department of State Police electronically in the form and

manner prescribed by the Illinois Department of State

Police. The Illinois Department of State Police may charge

the facility a fee for processing name-based and

fingerprint-based criminal history record inquiries. The

fee shall be deposited into the State Police Services

Fund. The fee shall not exceed the actual cost of

processing the inquiry.

(d) The Department shall develop and maintain a

de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the

attendant circumstances, solely for the purposes of evaluating

and improving resident pre-screening and assessment procedures

(including the Criminal History Report prepared under Section

2-201.6 of this Act) and the adequacy of Department

requirements concerning the provision of care and services to

residents. A resident shall not be listed in the database

until a Department survey confirms the accuracy of the

listing. The names of persons listed in the database and

information that would allow them to be individually

identified shall not be made public. Neither the Department

nor any other agency of State government may use information

in the database to take any action against any individual,

licensee, or other entity unless the Department or agency

receives the information independent of this subsection (d).

All information collected, maintained, or developed under the

authority of this subsection (d) for the purposes of the

database maintained under this subsection (d) shall be treated

in the same manner as information that is subject to Part 21 of

Article VIII of the Code of Civil Procedure.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)

(210 ILCS 47/2-201.6)

Sec. 2-201.6. Criminal History Report.

(a) The Illinois Department of State Police shall prepare

a Criminal History Report when it receives information,

through the criminal history background check required

pursuant to subsection (c) of Section 2-201.5 or through any

other means, that a resident of a facility is an identified

offender.

(b) The Illinois Department of State Police shall complete

the Criminal History Report within 10 business days after

receiving any information described under subsection (a) of

this Act that a resident is an identified offender.

(c) The Criminal History Report shall include, but not be

limited to, all of the following:

(1) Copies of the identified offender's parole,

mandatory supervised release, or probation orders.

(2) An interview with the identified offender.

(3) A detailed summary of the entire criminal history

of the offender, including arrests, convictions, and the

date of the identified offender's last conviction relative

to the date of admission to a long-term care facility.

(4) If the identified offender is a convicted or

registered sex offender, then a review of any and all sex

offender evaluations conducted on that offender. If there

is no sex offender evaluation available, then the Illinois

Department of State Police shall arrange, through the

Department of Public Health, for a sex offender evaluation

to be conducted on the identified offender. If the

convicted or registered sex offender is under supervision

by the Illinois Department of Corrections or a county

probation department, then the sex offender evaluation

shall be arranged by and at the expense of the supervising

agency. All evaluations conducted on convicted or

registered sex offenders under this Act shall be conducted

by sex offender evaluators approved by the Sex Offender

Management Board.

(d) The Illinois Department of State Police shall provide

the Criminal History Report to a licensed forensic

psychologist. The licensed forensic psychologist shall prepare

an Identified Offender Report and Recommendation after (i)

consideration of the Criminal History Report, (ii)

consultation with the facility administrator or the facility

medical director, or both, regarding the mental and physical

condition of the identified offender, and (iii) reviewing the

facility's file on the identified offender, including all

incident reports, all information regarding medication and

medication compliance, and all information regarding previous

discharges or transfers from other facilities. The Identified

Offender Report and Recommendation shall detail whether and to

what extent the identified offender's criminal history

necessitates the implementation of security measures within

the facility. If the identified offender is a convicted or

registered sex offender, or if the Identified Offender Report

and Recommendation reveals that the identified offender poses

a significant risk of harm to others within the facility, then

the offender shall be required to have his or her own room

within the facility.

(e) The licensed forensic psychologist shall complete the

Identified Offender Report and Recommendation within 14

business days after receiving the Criminal History Report and

shall promptly provide the Identified Offender Report and

Recommendation to the Illinois Department of State Police,

which shall provide the Identified Offender Report and

Recommendation to the following:

(1) The facility within which the identified offender

resides.

(2) The Chief of Police of the municipality in which

the facility is located.

(3) The State of Illinois Long Term Care Ombudsman.

(4) The Department of Public Health.

(f) The Department of Public Health shall keep a

continuing record of all residents determined to be identified

offenders as defined in Section 1-114.01 and shall report the

number of identified offender residents annually to the

General Assembly.

(g) The facility shall incorporate the Identified Offender

Report and Recommendation into the identified offender's

individual program plan created pursuant to 42 CFR 483.440(c).

(h) If, based on the Identified Offender Report and

Recommendation, a facility determines that it cannot manage

the identified offender resident safely within the facility,

then it shall commence involuntary transfer or discharge

proceedings pursuant to Section 3-402.

(i) Except for willful and wanton misconduct, any person

authorized to participate in the development of a Criminal

History Report or Identified Offender Report and

Recommendation is immune from criminal or civil liability for

any acts or omissions as the result of his or her good faith

effort to comply with this Section.

(Source: P.A. 97-38, eff. 6-28-11.)

Section 555. The Specialized Mental Health Rehabilitation

Act of 2013 is amended by changing Sections 2-104 and 2-105 as

follows:

(210 ILCS 49/2-104)

Sec. 2-104. Screening prior to admission.

(a) A facility shall, within 24 hours after admission,

request a criminal history background check pursuant to the

Uniform Conviction Information Act for all persons age 18 or

older seeking admission to the facility, unless a background

check was initiated by a hospital pursuant to subsection (d)

of Section 6.09 of the Hospital Licensing Act. Background

checks conducted pursuant to this Section shall be based on

the consumer's name, date of birth, and other identifiers as

required by the Illinois Department of State Police. If the

results of the background check are inconclusive, the facility

shall initiate a fingerprint-based check, unless the

fingerprint check is waived by the Director of Public Health

based on verification by the facility that the consumer meets

criteria related to the consumer's health or lack of potential

risk which may be established by Departmental rule. A waiver

issued pursuant to this Section shall be valid only while the

consumer is immobile or while the criteria supporting the

waiver exist. The facility shall provide for or arrange for

any required fingerprint-based checks to be taken on the

premises of the facility. If a fingerprint-based check is

required, the facility shall arrange for it to be conducted in

a manner that is respectful of the consumer's dignity and that

minimizes any emotional or physical hardship to the consumer.

(b) If the results of a consumer's criminal history

background check reveal that the consumer is an identified

offender as defined in this Act, the facility shall do the

following:

(1) Immediately notify the Illinois Department of

State Police, in the form and manner required by the

Illinois Department of State Police, in collaboration with

the Department of Public Health, that the consumer is an

identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender consumer. The inquiry shall be based

on the subject's name, sex, race, date of birth,

fingerprint images, and other identifiers required by the

Illinois Department of State Police. The inquiry shall be

processed through the files of the Illinois Department of

State Police and the Federal Bureau of Investigation to

locate any criminal history record information that may

exist regarding the subject. The Federal Bureau of

Investigation shall furnish to the Illinois Department of

State Police, pursuant to an inquiry under this paragraph

(2), any criminal history record information contained in

its files.

(Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/2-105)

Sec. 2-105. Criminal History Report.

(a) The Illinois Department of State Police shall prepare

a Criminal History Report when it receives information,

through the criminal history background check required

pursuant to subsection (d) of Section 6.09 of the Hospital

Licensing Act or subsection (c) of Section 2-201.5 of the

Nursing Home Care Act, or through any other means, that a

consumer of a facility is an identified offender.

(b) The Illinois Department of State Police shall complete

the Criminal History Report within 10 business days after

receiving information under subsection (a) that a consumer is

an identified offender.

(c) The Criminal History Report shall include, but not be

limited to, the following:

(1) Copies of the identified offender's parole,

mandatory supervised release, or probation orders.

(2) An interview with the identified offender.

(3) A detailed summary of the entire criminal history

of the offender, including arrests, convictions, and the

date of the identified offender's last conviction relative

to the date of admission to a long-term care facility.

(4) If the identified offender is a convicted or

registered sex offender, a review of any and all sex

offender evaluations conducted on that offender. If there

is no sex offender evaluation available, the Illinois

Department of State Police shall arrange, through the

Department of Public Health, for a sex offender evaluation

to be conducted on the identified offender. If the

convicted or registered sex offender is under supervision

by the Illinois Department of Corrections or a county

probation department, the sex offender evaluation shall be

arranged by and at the expense of the supervising agency.

All evaluations conducted on convicted or registered sex

offenders under this Act shall be conducted by sex

offender evaluators approved by the Sex Offender

Management Board.

(d) The Illinois Department of State Police shall provide

the Criminal History Report to a licensed forensic

psychologist. After (i) consideration of the Criminal History

Report, (ii) consultation with the facility administrator or

the facility medical director, or both, regarding the mental

and physical condition of the identified offender, and (iii)

reviewing the facility's file on the identified offender,

including all incident reports, all information regarding

medication and medication compliance, and all information

regarding previous discharges or transfers from other

facilities, the licensed forensic psychologist shall prepare

an Identified Offender Report and Recommendation. The

Identified Offender Report and Recommendation shall detail

whether and to what extent the identified offender's criminal

history necessitates the implementation of security measures

within the long-term care facility. If the identified offender

is a convicted or registered sex offender or if the Identified

Offender Report and Recommendation reveals that the identified

offender poses a significant risk of harm to others within the

facility, the offender shall be required to have his or her own

room within the facility.

(e) The licensed forensic psychologist shall complete the

Identified Offender Report and Recommendation within 14

business days after receiving the Criminal History Report and

shall promptly provide the Identified Offender Report and

Recommendation to the Illinois Department of State Police,

which shall provide the Identified Offender Report and

Recommendation to the following:

(1) The facility within which the identified offender

resides.

(2) The Chief of Police of the municipality in which

the facility is located.

(3) The State of Illinois Long Term Care Ombudsman.

(4) The Department of Public Health.

(e-5) The Department of Public Health shall keep a

continuing record of all consumers determined to be identified

offenders as defined in Section 1-114.01 of the Nursing Home

Care Act and shall report the number of identified offender

consumers annually to the General Assembly.

(f) The facility shall incorporate the Identified Offender

Report and Recommendation into the identified offender's care

plan created pursuant to 42 CFR 483.20.

(g) If, based on the Identified Offender Report and

Recommendation, a facility determines that it cannot manage

the identified offender consumer safely within the facility,

it shall commence involuntary transfer or discharge

proceedings pursuant to Section 3-402.

(h) Except for willful and wanton misconduct, any person

authorized to participate in the development of a Criminal

History Report or Identified Offender Report and

Recommendation is immune from criminal or civil liability for

any acts or omissions as the result of his or her good faith

effort to comply with this Section.

(Source: P.A. 98-104, eff. 7-22-13.)

Section 560. The Hospital Licensing Act is amended by

changing Section 6.09 as follows:

(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)

Sec. 6.09. (a) In order to facilitate the orderly

transition of aged patients and patients with disabilities

from hospitals to post-hospital care, whenever a patient who

qualifies for the federal Medicare program is hospitalized,

the patient shall be notified of discharge at least 24 hours

prior to discharge from the hospital. With regard to pending

discharges to a skilled nursing facility, the hospital must

notify the case coordination unit, as defined in 89 Ill. Adm.

Code 240.260, at least 24 hours prior to discharge. When the

assessment is completed in the hospital, the case coordination

unit shall provide a copy of the required assessment

documentation directly to the nursing home to which the

patient is being discharged prior to discharge. The Department

on Aging shall provide notice of this requirement to case

coordination units. When a case coordination unit is unable to

complete an assessment in a hospital prior to the discharge of

a patient, 60 years of age or older, to a nursing home, the

case coordination unit shall notify the Department on Aging

which shall notify the Department of Healthcare and Family

Services. The Department of Healthcare and Family Services and

the Department on Aging shall adopt rules to address these

instances to ensure that the patient is able to access nursing

home care, the nursing home is not penalized for accepting the

admission, and the patient's timely discharge from the

hospital is not delayed, to the extent permitted under federal

law or regulation. Nothing in this subsection shall preclude

federal requirements for a pre-admission screening/mental

health (PAS/MH) as required under Section 2-201.5 of the

Nursing Home Care Act or State or federal law or regulation. If

home health services are ordered, the hospital must inform its

designated case coordination unit, as defined in 89 Ill. Adm.

Code 240.260, of the pending discharge and must provide the

patient with the case coordination unit's telephone number and

other contact information.

(b) Every hospital shall develop procedures for a

physician with medical staff privileges at the hospital or any

appropriate medical staff member to provide the discharge

notice prescribed in subsection (a) of this Section. The

procedures must include prohibitions against discharging or

referring a patient to any of the following if unlicensed,

uncertified, or unregistered: (i) a board and care facility,

as defined in the Board and Care Home Act; (ii) an assisted

living and shared housing establishment, as defined in the

Assisted Living and Shared Housing Act; (iii) a facility

licensed under the Nursing Home Care Act, the Specialized

Mental Health Rehabilitation Act of 2013, the ID/DD Community

Care Act, or the MC/DD Act; (iv) a supportive living facility,

as defined in Section 5-5.01a of the Illinois Public Aid Code;

or (v) a free-standing hospice facility licensed under the

Hospice Program Licensing Act if licensure, certification, or

registration is required. The Department of Public Health

shall annually provide hospitals with a list of licensed,

certified, or registered board and care facilities, assisted

living and shared housing establishments, nursing homes,

supportive living facilities, facilities licensed under the

ID/DD Community Care Act, the MC/DD Act, or the Specialized

Mental Health Rehabilitation Act of 2013, and hospice

facilities. Reliance upon this list by a hospital shall

satisfy compliance with this requirement. The procedure may

also include a waiver for any case in which a discharge notice

is not feasible due to a short length of stay in the hospital

by the patient, or for any case in which the patient

voluntarily desires to leave the hospital before the

expiration of the 24 hour period.

(c) At least 24 hours prior to discharge from the

hospital, the patient shall receive written information on the

patient's right to appeal the discharge pursuant to the

federal Medicare program, including the steps to follow to

appeal the discharge and the appropriate telephone number to

call in case the patient intends to appeal the discharge.

(d) Before transfer of a patient to a long term care

facility licensed under the Nursing Home Care Act where

elderly persons reside, a hospital shall as soon as

practicable initiate a name-based criminal history background

check by electronic submission to the Illinois Department of

State Police for all persons between the ages of 18 and 70

years; provided, however, that a hospital shall be required to

initiate such a background check only with respect to patients

who:

(1) are transferring to a long term care facility for

the first time;

(2) have been in the hospital more than 5 days;

(3) are reasonably expected to remain at the long term

care facility for more than 30 days;

(4) have a known history of serious mental illness or

substance abuse; and

(5) are independently ambulatory or mobile for more

than a temporary period of time.

A hospital may also request a criminal history background

check for a patient who does not meet any of the criteria set

forth in items (1) through (5).

A hospital shall notify a long term care facility if the

hospital has initiated a criminal history background check on

a patient being discharged to that facility. In all

circumstances in which the hospital is required by this

subsection to initiate the criminal history background check,

the transfer to the long term care facility may proceed

regardless of the availability of criminal history results.

Upon receipt of the results, the hospital shall promptly

forward the results to the appropriate long term care

facility. If the results of the background check are

inconclusive, the hospital shall have no additional duty or

obligation to seek additional information from, or about, the

patient.

(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff.

7-28-16; 99-857, eff. 1-1-17.)

Section 565. The Safe Pharmaceutical Disposal Act is

amended by changing Section 18 as follows:

(210 ILCS 150/18)

Sec. 18. Unused medications at the scene of a death.

(a) Notwithstanding any provision of law to the contrary,

the Illinois Department of State Police may by rule authorize

State Police officers to dispose of any unused medications

found at the scene of a death the State Police officer is

investigating. A State Police officer may only dispose of any

unused medications under this subsection after consulting with

any other investigating law enforcement agency to ensure that

the unused medications will not be needed as evidence in any

investigation. This Section shall not apply to any unused

medications a State Police officer takes into custody as part

of any investigation into a crime.

(b) Notwithstanding any provision of law to the contrary,

a local governmental agency may authorize police officers to

dispose of any unused medications found at the scene of a death

a police officer is investigating. A police officer may only

dispose of any unused medications under this subsection after

consulting with any other investigating law enforcement agency

to ensure that the unused medications will not be needed as

evidence in any investigation. This Section shall not apply to

any unused medications a police officer takes into custody as

part of any investigation into a crime.

(c) Notwithstanding any provision of law to the contrary,

a coroner or medical examiner may dispose of any unused

medications found at the scene of a death the coroner or

medical examiner is investigating. A coroner or medical

examiner may only dispose of any unused medications under this

subsection after consulting with any investigating law

enforcement agency to ensure that the unused medications will

not be needed as evidence in any investigation.

(d) Any disposal under this Section shall be in accordance

with Section 17 of this Act or another State or federally

approved medication take-back program or location.

(e) This Section shall not apply to prescription drugs for

which the United States Food and Drug Administration created a

Risk Evaluation and Mitigation Strategy for under the Food and

Drug Administration Amendments Act of 2007.

(f) Nothing in this Section shall be construed to require

a search of the scene for unused medications.

(g) Prior to disposal of any medication collected as

evidence in a criminal investigation under this Section, a

State Police officer, police officer, coroner, or medical

examiner shall photograph the unused medication and its

container or packaging, if available; document the number or

amount of medication to be disposed; and include the

photographs and documentation in the police report, coroner

report, or medical examiner report.

(h) If an autopsy is performed as part of a death

investigation, no medication seized under this Section shall

be disposed of until after a toxicology report is received by

the entity requesting the report.

(i) If a police officer, State Police officer, coroner, or

medical examiner is not present at the scene of a death, a

nurse may dispose of any unused medications found at the scene

of a death the nurse is present at while engaging in the

performance of his or her duties. A nurse may dispose of any

unused medications under this subsection only after consulting

with any investigating law enforcement agency to ensure that

the unused medications will not be needed as evidence in an

investigation.

(j) When an individual authorized to dispose of unused

medication under this Section disposes of unused medication

under this Section in good faith, the individual, and his or

her employer, employees, and agents, shall incur no criminal

liability or professional discipline.

(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)

Section 570. The Health Care Violence Prevention Act is

amended by changing Section 30 as follows:

(210 ILCS 160/30)

Sec. 30. Medical care for committed persons.

(a) If a committed person receives medical care and

treatment at a place other than an institution or facility of

the Department of Corrections, a county, or a municipality,

then the institution or facility shall:

(1) to the greatest extent practicable, notify the

hospital or medical facility that is treating the

committed person prior to the committed person's visit and

notify the hospital or medical facility of any significant

medical, mental health, recent violent actions, or other

safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the

transferred committed person is accompanied by the most

comprehensive medical records possible;

(3) provide at least one guard trained in custodial

escort and custody of high-risk committed persons to

accompany any committed person. The custodial agency shall

attest to such training for custodial escort and custody

of high-risk committed persons through: (A) the training

of the Department of Corrections, Department of Juvenile

Justice, or Illinois Department of State Police; (B) law

enforcement training that is substantially equivalent to

the training of the Department of Corrections, Department

of Juvenile Justice, or Illinois Department of State

Police; or (C) the training described in Section 35. Under

no circumstances may leg irons or shackles or waist

shackles be used on any pregnant female prisoner who is in

labor. In addition, restraint of a pregnant female

prisoner in the custody of the Cook County shall comply

with Section 3-15003.6 of the Counties Code. Additionally,

restraints shall not be used on a committed person if

medical personnel determine that the restraints would

impede medical treatment; and

(4) ensure that only medical personnel, Department of

Corrections, county, or municipality personnel, and

visitors on the committed person's approved institutional

visitors list may visit the committed person. Visitation

by a person on the committed person's approved

institutional visitors list shall be subject to the rules

and procedures of the hospital or medical facility and the

Department of Corrections, county, or municipality. In any

situation in which a committed person is being visited:

(A) the name of the visitor must be listed per the

facility's or institution's documentation;

(B) the visitor shall submit to the search of his

or her person or any personal property under his or her

control at any time; and

(C) the custodial agency may deny the committed

person access to a telephone or limit the number of

visitors the committed person may receive for purposes

of safety.

If a committed person receives medical care and treatment

at a place other than an institution or facility of the

Department of Corrections, county, or municipality, then the

custodial agency shall ensure that the committed person is

wearing security restraints in accordance with the custodial

agency's rules and procedures if the custodial agency

determines that restraints are necessary for the following

reasons: (i) to prevent physical harm to the committed person

or another person; (ii) because the committed person has a

history of disruptive behavior that has placed others in

potentially harmful situations or presents a substantial risk

of inflicting physical harm on himself or herself or others as

evidenced by recent behavior; or (iii) there is a well-founded

belief that the committed person presents a substantial risk

of flight. Under no circumstances may leg irons or shackles or

waist shackles be used on any pregnant female prisoner who is

in labor. In addition, restraint of a pregnant female prisoner

in the custody of the Cook County shall comply with Section

3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols

for the receipt of committed persons in collaboration with the

Department of Corrections, county, or municipality,

specifically with regard to potentially violent persons.

(b) If a committed person receives medical care and

treatment at a place other than an institution or facility of

the Department of Juvenile Justice, then the institution or

facility shall:

(1) to the greatest extent practicable, notify the

hospital or medical facility that is treating the

committed person prior to the committed person's visit,

and notify the hospital or medical facility of any

significant medical, mental health, recent violent

actions, or other safety concerns regarding the patient;

(2) to the greatest extent practicable, ensure the

transferred committed person is accompanied by the most

comprehensive medical records possible;

(3) provide: (A) at least one guard trained in

custodial escort and custody of high-risk committed

persons to accompany any committed person. The custodial

agency shall attest to such training for custodial escort

and custody of high-risk committed persons through: (i)

the training of the Department of Corrections, Department

of Juvenile Justice, or Illinois Department of State

Police, (ii) law enforcement training that is

substantially equivalent to the training of the Department

of Corrections, Department of Juvenile Justice, or

Illinois Department of State Police, or (iii) the training

described in Section 35; or (B) 2 guards to accompany the

committed person at all times during the visit to the

hospital or medical facility; and

(4) ensure that only medical personnel, Department of

Juvenile Justice personnel, and visitors on the committed

person's approved institutional visitors list may visit

the committed person. Visitation by a person on the

committed person's approved institutional visitors list

shall be subject to the rules and procedures of the

hospital or medical facility and the Department of

Juvenile Justice. In any situation in which a committed

person is being visited:

(A) the name of the visitor must be listed per the

facility's or institution's documentation;

(B) the visitor shall submit to the search of his

or her person or any personal property under his or her

control at any time; and

(C) the custodial agency may deny the committed

person access to a telephone or limit the number of

visitors the committed person may receive for purposes

of safety.

If a committed person receives medical care and treatment

at a place other than an institution or facility of the

Department of Juvenile Justice, then the Department of

Juvenile Justice shall ensure that the committed person is

wearing security restraints on either his or her wrists or

ankles in accordance with the rules and procedures of the

Department of Juvenile Justice if the Department of Juvenile

Justice determines that restraints are necessary for the

following reasons: (i) to prevent physical harm to the

committed person or another person; (ii) because the committed

person has a history of disruptive behavior that has placed

others in potentially harmful situations or presents a

substantial risk of inflicting physical harm on himself or

herself or others as evidenced by recent behavior; or (iii)

there is a well-founded belief that the committed person

presents a substantial risk of flight. Any restraints used on

a committed person under this paragraph shall be the least

restrictive restraints necessary to prevent flight or physical

harm to the committed person or another person. Restraints

shall not be used on the committed person as provided in this

paragraph if medical personnel determine that the restraints

would impede medical treatment. Under no circumstances may leg

irons or shackles or waist shackles be used on any pregnant

female prisoner who is in labor. In addition, restraint of a

pregnant female prisoner in the custody of the Cook County

shall comply with Section 3-15003.6 of the Counties Code.

The hospital or medical facility may establish protocols

for the receipt of committed persons in collaboration with the

Department of Juvenile Justice, specifically with regard to

persons recently exhibiting violence.

(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)

Section 575. The Illinois Insurance Code is amended by

changing Sections 155.24, 401, and 1520 as follows:

(215 ILCS 5/155.24) (from Ch. 73, par. 767.24)

Sec. 155.24. Motor Vehicle Theft and Motor Insurance Fraud

Reporting and Immunity Law.

(a) As used in this Section:

(1) "authorized governmental agency" means the

Illinois Department of State Police, a local governmental

police department, a county sheriff's office, a State's

Attorney, the Attorney General, a municipal attorney, a

United States district attorney, a duly constituted

criminal investigative agency of the United States

government, the Illinois Department of Insurance, the

Illinois Department of Professional Regulation and the

office of the Illinois Secretary of State;

(2) "relevant" means having a tendency to make the

existence of any information that is of consequence to an

investigation of motor vehicle theft or insurance fraud

investigation or a determination of such issue more

probable or less probable than it would be without such

information;

(3) information will be "deemed important" if within

the sole discretion of the authorized governmental agency

such information is requested by that authorized

governmental agency;

(4) "Illinois authorized governmental agency" means an

authorized governmental agency as defined in item (1) that

is a part of the government of the State of Illinois or any

of the counties or municipalities of this State or any

other authorized entity; and

(5) For the purposes of this Section and Section

155.23, "insurer" means insurance companies, insurance

support organizations, self-insured entities, and other

providers of insurance products and services doing

business in the State of Illinois.

(b) Upon written request to an insurer by an authorized

governmental agency, an insurer or agent authorized by an

insurer to act on its behalf shall release to the requesting

authorized governmental agency any or all relevant information

deemed important to the authorized governmental agency which

the insurer may possess relating to any specific motor vehicle

theft or motor vehicle insurance fraud. Relevant information

may include, but is not limited to:

(1) Insurance policy information relevant to the motor

vehicle theft or motor vehicle insurance fraud under

investigation, including any application for such a

policy.

(2) Policy premium payment records which are

available.

(3) History of previous claims made by the insured.

(4) Information relating to the investigation of the

motor vehicle theft or motor vehicle insurance fraud,

including statements of any person, proofs of loss and

notice of loss.

(c) When an insurer knows or reasonably believes to know

the identity of a person whom it has reason to believe

committed a criminal or fraudulent act relating to a motor

vehicle theft or a motor vehicle insurance claim or has

knowledge of such a criminal or fraudulent act which is

reasonably believed not to have been reported to an authorized

governmental agency, then for the purpose of notification and

investigation, the insurer or an agent authorized by an

insurer to act on its behalf shall notify an authorized

governmental agency of such knowledge or reasonable belief and

provide any additional relevant information in accordance with

subsection (b) of this Section. When the motor vehicle theft

or motor vehicle claim that gives rise to the suspected

criminal or fraudulent act has already generated an incident

report to an Illinois authorized governmental agency, the

insurer shall report the suspected criminal or fraudulent act

to that agency. When no prior incident report has been made,

the insurer shall report the suspected criminal or fraudulent

act to the Attorney General or State's Attorney in the county

or counties where the incident is claimed to have occurred.

When the incident that gives rise to the suspected criminal or

fraudulent act is claimed to have occurred outside the State

of Illinois, but the suspected criminal or fraudulent act

occurs within the State of Illinois, the insurer shall make

the report to the Attorney General or State's Attorney in the

county or counties where the suspected criminal or fraudulent

act occurred. When the fraud occurs in multiple counties the

report shall also be sent to the Attorney General.

(d) When an insurer provides any of the authorized

governmental agencies with notice pursuant to this Section it

shall be deemed sufficient notice to all authorized

governmental agencies for the purpose of this Act.

(e) The authorized governmental agency provided with

information pursuant to this Section may release or provide

such information to any other authorized governmental agency.

(f) Any insurer providing information to an authorized

governmental agency pursuant to this Section shall have the

right to request and receive relevant information from such

authorized governmental agency, and receive within a

reasonable time after the completion of the investigation, not

to exceed 30 days, the information requested.

(g) Any information furnished pursuant to this Section

shall be privileged and not a part of any public record. Except

as otherwise provided by law, any authorized governmental

agency, insurer, or an agent authorized by an insurer to act on

its behalf which receives any information furnished pursuant

to this Section, shall not release such information to public

inspection. Such evidence or information shall not be subject

to subpoena duces tecum in a civil or criminal proceeding

unless, after reasonable notice to any insurer, agent

authorized by an insurer to act on its behalf and authorized

governmental agency which has an interest in such information

and a hearing, the court determines that the public interest

and any ongoing investigation by the authorized governmental

agency, insurer, or any agent authorized by an insurer to act

on its behalf will not be jeopardized by obedience to such a

subpoena duces tecum.

(h) No insurer, or agent authorized by an insurer on its

behalf, authorized governmental agency or their respective

employees shall be subject to any civil or criminal liability

in a cause of action of any kind for releasing or receiving any

information pursuant to this Section. Nothing herein is

intended to or does in any way or manner abrogate or lessen the

common and statutory law privileges and immunities of an

insurer, agent authorized by an insurer to act on its behalf or

authorized governmental agency or any of their respective

employees.

(Source: P.A. 92-233, eff. 1-1-02.)

(215 ILCS 5/401) (from Ch. 73, par. 1013)

Sec. 401. General powers of the director. The Director is

charged with the rights, powers and duties appertaining to the

enforcement and execution of all the insurance laws of this

State. He shall have the power

(a) to make reasonable rules and regulations as may be

necessary for making effective such laws;

(b) to conduct such investigations as may be necessary

to determine whether any person has violated any provision

of such insurance laws;

(c) to conduct such examinations, investigations and

hearings in addition to those specifically provided for,

as may be necessary and proper for the efficient

administration of the insurance laws of this State; and

(d) to institute such actions or other lawful

proceedings as he may deem necessary for the enforcement

of the Illinois Insurance Code or of any Order or action

made or taken by him under this Code. The Attorney

General, upon request of the Director, may proceed in the

courts of this State to enforce an Order or decision in any

court proceeding or in any administrative proceeding

before the Director.

Whenever the Director is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out his statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

such information contained in State files as is necessary to

meet the requirements of such authorization or statutes.

(Source: P.A. 91-239, eff. 1-1-00.)

(215 ILCS 5/1520)

Sec. 1520. Application for license.

(a) A person applying for a public adjuster license shall

make application to the Director on the appropriate uniform

application or other application prescribed by the Director.

(b) The applicant shall declare under penalty of perjury

and under penalty of refusal, suspension, or revocation of the

license that the statements made in the application are true,

correct, and complete to the best of the applicant's knowledge

and belief.

(c) In order to make a determination of license

eligibility, the Director is authorized to require all

applicants for licensing, including renewal applicants, to

undergo a fingerprint-based criminal history record check for

the first year following the effective date of this amendatory

Act of the 97th General Assembly. The fingerprints and the fee

required to perform the criminal history record checks shall

be submitted to the Illinois Department of State Police and

the Federal Bureau of Investigation (FBI) to conduct a State

and national criminal history record check. The Illinois

Department of State Police and the Federal Bureau of

Investigation shall furnish to the Department of Insurance all

records of convictions, unless or until expunged, pursuant to

the fingerprint-based criminal history records check. The

Illinois Department of State Police shall charge a fee for

conducting such checks, which fee shall be deposited into the

State Police Services Fund and shall not exceed the cost of the

inquiry. The applicant shall be required to pay all fees

associated with conducting the criminal history record check.

(d) The Director may adopt rules to establish procedures

necessary to carry out the requirements of subsection (c) of

this Section.

(e) The Director is authorized to submit electronic

fingerprint records and necessary identifying information to

the NAIC, its affiliates, or subsidiaries for permanent

retention in a centralized repository. The purpose of such a

centralized repository is to provide Directors with access to

fingerprint records in order to perform criminal history

record checks.

(f) Until such time as the Director can obtain and receive

national criminal history records, the applicant shall obtain

a copy of his or her fingerprints and complete criminal

history record from the FBI Criminal Justice Information

Services Division and the Illinois State Police and provide

such information to the Department of Insurance.

(Source: P.A. 96-1332, eff. 1-1-11; 97-207, eff. 7-28-11.)

Section 580. The Public Utilities Act is amended by

changing Section 4-101 as follows:

(220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)

Sec. 4-101. The Commerce Commission shall have general

supervision of all public utilities, except as otherwise

provided in this Act, shall inquire into the management of the

business thereof and shall keep itself informed as to the

manner and method in which the business is conducted. It shall

examine those public utilities and keep informed as to their

general condition, their franchises, capitalization, rates and

other charges, and the manner in which their plants, equipment

and other property owned, leased, controlled or operated are

managed, conducted and operated, not only with respect to the

adequacy, security and accommodation afforded by their service

but also with respect to their compliance with this Act and any

other law, with the orders of the Commission and with the

charter and franchise requirements.

Whenever the Commission is authorized or required by law

to consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

such information contained in State files as is necessary to

fulfill the request.

The Commission shall require all public utilities to

establish a security policy that includes on-site safeguards

to restrict physical or electronic access to critical

infrastructure and computerized control and data systems. The

Commission shall maintain a record of and each regulated

entity shall provide to the Commission an annual affidavit

signed by a representative of the regulated entity that

states:

(1) that the entity has a security policy in place;

(2) that the entity has conducted at least one

practice exercise based on the security policy within the

12 months immediately preceding the date of the affidavit;

and

(3) with respect to any entity that is an electric

public utility, that the entity follows, at a minimum, the

most current security standards set forth by the North

American Electric Reliability Council.

(Source: P.A. 94-480, eff. 1-1-06; 94-735, eff. 5-1-06.)

Section 585. The Child Care Act of 1969 is amended by

changing Section 4.1 as follows:

(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)

Sec. 4.1. Criminal Background Investigations. The

Department shall require that each child care facility license

applicant as part of the application process, and each

employee and volunteer of a child care facility or

non-licensed service provider, as a condition of employment,

authorize an investigation to determine if such applicant,

employee, or volunteer has ever been charged with a crime and

if so, the disposition of those charges; this authorization

shall indicate the scope of the inquiry and the agencies which

may be contacted. Upon this authorization, the Director shall

request and receive information and assistance from any

federal, State or local governmental agency as part of the

authorized investigation. Each applicant, employee, or

volunteer of a child care facility or non-licensed service

provider shall submit his or her fingerprints to the Illinois

Department of State Police in the form and manner prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the fingerprint records now and

hereafter filed in the Illinois Department of State Police and

Federal Bureau of Investigation criminal history records

databases. The Illinois Department of State Police shall

charge a fee for conducting the criminal history records

check, which shall be deposited in the State Police Services

Fund and shall not exceed the actual cost of the records check.

The Illinois Department of State Police shall provide

information concerning any criminal charges, and their

disposition, now or hereafter filed, against an applicant,

employee, or volunteer of a child care facility or

non-licensed service provider upon request of the Department

of Children and Family Services when the request is made in the

form and manner required by the Illinois Department of State

Police.

Information concerning convictions of a license applicant,

employee, or volunteer of a child care facility or

non-licensed service provider investigated under this Section,

including the source of the information and any conclusions or

recommendations derived from the information, shall be

provided, upon request, to such applicant, employee, or

volunteer of a child care facility or non-licensed service

provider prior to final action by the Department on the

application. State conviction information provided by the

Illinois Department of State Police regarding employees,

prospective employees, or volunteers of non-licensed service

providers and child care facilities licensed under this Act

shall be provided to the operator of such facility, and, upon

request, to the employee, prospective employee, or volunteer

of a child care facility or non-licensed service provider. Any

information concerning criminal charges and the disposition of

such charges obtained by the Department shall be confidential

and may not be transmitted outside the Department, except as

required herein, and may not be transmitted to anyone within

the Department except as needed for the purpose of evaluating

an application or an employee or volunteer of a child care

facility or non-licensed service provider. Only information

and standards which bear a reasonable and rational relation to

the performance of a child care facility shall be used by the

Department or any licensee. Any employee of the Department of

Children and Family Services, Illinois Department of State

Police, or a child care facility receiving confidential

information under this Section who gives or causes to be given

any confidential information concerning any criminal

convictions of an applicant, employee, or volunteer of a child

care facility or non-licensed service provider, shall be

guilty of a Class A misdemeanor unless release of such

information is authorized by this Section.

A child care facility may hire, on a probationary basis,

any employee or volunteer of a child care facility or

non-licensed service provider authorizing a criminal

background investigation under this Section, pending the

result of such investigation. Employees and volunteers of a

child care facility or non-licensed service provider shall be

notified prior to hiring that such employment may be

terminated on the basis of criminal background information

obtained by the facility.

(Source: P.A. 98-570, eff. 8-27-13.)

Section 590. The Health Care Worker Background Check Act

is amended by changing Sections 15, 33, 45, 65, and 70 as

follows:

(225 ILCS 46/15)

Sec. 15. Definitions. In this Act:

"Applicant" means an individual enrolling in a training

program, seeking employment, whether paid or on a volunteer

basis, with a health care employer who has received a bona fide

conditional offer of employment.

"Conditional offer of employment" means a bona fide offer

of employment by a health care employer to an applicant, which

is contingent upon the receipt of a report from the Department

of Public Health indicating that the applicant does not have a

record of conviction of any of the criminal offenses

enumerated in Section 25.

"Department" means the Department of Public Health.

"Direct care" means the provision of nursing care or

assistance with feeding, dressing, movement, bathing,

toileting, or other personal needs, including home services as

defined in the Home Health, Home Services, and Home Nursing

Agency Licensing Act. The entity responsible for inspecting

and licensing, certifying, or registering the health care

employer may, by administrative rule, prescribe guidelines for

interpreting this definition with regard to the health care

employers that it licenses.

"Director" means the Director of Public Health.

"Disqualifying offenses" means those offenses set forth in

Section 25 of this Act.

"Employee" means any individual hired, employed, or

retained, whether paid or on a volunteer basis, to which this

Act applies.

"Finding" means the Department's determination of whether

an allegation is verified and substantiated.

"Fingerprint-based criminal history records check" means a

livescan fingerprint-based criminal history records check

submitted as a fee applicant inquiry in the form and manner

prescribed by the Illinois Department of State Police.

"Health care employer" means:

(1) the owner or licensee of any of the following:

(i) a community living facility, as defined in the

Community Living Facilities Act;

(ii) a life care facility, as defined in the Life

Care Facilities Act;

(iii) a long-term care facility;

(iv) a home health agency, home services agency,

or home nursing agency as defined in the Home Health,

Home Services, and Home Nursing Agency Licensing Act;

(v) a hospice care program or volunteer hospice

program, as defined in the Hospice Program Licensing

Act;

(vi) a hospital, as defined in the Hospital

Licensing Act;

(vii) (blank);

(viii) a nurse agency, as defined in the Nurse

Agency Licensing Act;

(ix) a respite care provider, as defined in the

Respite Program Act;

(ix-a) an establishment licensed under the

Assisted Living and Shared Housing Act;

(x) a supportive living program, as defined in the

Illinois Public Aid Code;

(xi) early childhood intervention programs as

described in 59 Ill. Adm. Code 121;

(xii) the University of Illinois Hospital,

Chicago;

(xiii) programs funded by the Department on Aging

through the Community Care Program;

(xiv) programs certified to participate in the

Supportive Living Program authorized pursuant to

Section 5-5.01a of the Illinois Public Aid Code;

(xv) programs listed by the Emergency Medical

Services (EMS) Systems Act as Freestanding Emergency

Centers;

(xvi) locations licensed under the Alternative

Health Care Delivery Act;

(2) a day training program certified by the Department

of Human Services;

(3) a community integrated living arrangement operated

by a community mental health and developmental service

agency, as defined in the Community-Integrated Living

Arrangements Licensing and Certification Act; or

(4) the State Long Term Care Ombudsman Program,

including any regional long term care ombudsman programs

under Section 4.04 of the Illinois Act on the Aging, only

for the purpose of securing background checks.

"Initiate" means obtaining from a student, applicant, or

employee his or her social security number, demographics, a

disclosure statement, and an authorization for the Department

of Public Health or its designee to request a

fingerprint-based criminal history records check; transmitting

this information electronically to the Department of Public

Health; conducting Internet searches on certain web sites,

including without limitation the Illinois Sex Offender

Registry, the Department of Corrections' Sex Offender Search

Engine, the Department of Corrections' Inmate Search Engine,

the Department of Corrections Wanted Fugitives Search Engine,

the National Sex Offender Public Registry, and the List of

Excluded Individuals and Entities database on the website of

the Health and Human Services Office of Inspector General to

determine if the applicant has been adjudicated a sex

offender, has been a prison inmate, or has committed Medicare

or Medicaid fraud, or conducting similar searches as defined

by rule; and having the student, applicant, or employee's

fingerprints collected and transmitted electronically to the

Illinois Department of State Police.

"Livescan vendor" means an entity whose equipment has been

certified by the Illinois Department of State Police to

collect an individual's demographics and inkless fingerprints

and, in a manner prescribed by the Illinois Department of

State Police and the Department of Public Health,

electronically transmit the fingerprints and required data to

the Illinois Department of State Police and a daily file of

required data to the Department of Public Health. The

Department of Public Health shall negotiate a contract with

one or more vendors that effectively demonstrate that the

vendor has 2 or more years of experience transmitting

fingerprints electronically to the Illinois Department of

State Police and that the vendor can successfully transmit the

required data in a manner prescribed by the Department of

Public Health. Vendor authorization may be further defined by

administrative rule.

"Long-term care facility" means a facility licensed by the

State or certified under federal law as a long-term care

facility, including without limitation facilities licensed

under the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, the ID/DD Community Care Act, or

the MC/DD Act, a supportive living facility, an assisted

living establishment, or a shared housing establishment or

registered as a board and care home.

"Resident" means a person, individual, or patient under

the direct care of a health care employer or who has been

provided goods or services by a health care employer.

(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)

(225 ILCS 46/33)

Sec. 33. Fingerprint-based criminal history records check.

(a) A fingerprint-based criminal history records check is

not required for health care employees who have been

continuously employed by a health care employer since October

1, 2007, have met the requirements for criminal history

background checks prior to October 1, 2007, and have no

disqualifying convictions or requested and received a waiver

of those disqualifying convictions. These employees shall be

retained on the Health Care Worker Registry as long as they

remain active. Nothing in this subsection (a) shall be

construed to prohibit a health care employer from initiating a

criminal history records check for these employees. Should

these employees seek a new position with a different health

care employer, then a fingerprint-based criminal history

records check shall be required.

(b) On October 1, 2007 or as soon thereafter as is

reasonably practical, in the discretion of the Director of

Public Health, and thereafter, any student, applicant, or

employee who desires to be included on the Department of

Public Health's Health Care Worker Registry shall authorize

the Department of Public Health or its designee to request a

fingerprint-based criminal history records check to determine

if the individual has a conviction for a disqualifying

offense. This authorization shall allow the Department of

Public Health to request and receive information and

assistance from any State or governmental agency. Each

individual shall submit his or her fingerprints to the

Illinois Department of State Police in an electronic format

that complies with the form and manner for requesting and

furnishing criminal history record information prescribed by

the Illinois Department of State Police. The fingerprints

submitted under this Section shall be checked against the

fingerprint records now and hereafter filed in the Illinois

Department of State Police criminal history record databases.

The Illinois Department of State Police shall charge a fee for

conducting the criminal history records check, which shall not

exceed the actual cost of the records check. The livescan

vendor may act as the designee for individuals, educational

entities, or health care employers in the collection of

Illinois Department of State Police fees and deposit those

fees into the State Police Services Fund. The Illinois

Department of State Police shall provide information

concerning any criminal convictions, now or hereafter filed,

against the individual.

(c) On October 1, 2007 or as soon thereafter as is

reasonably practical, in the discretion of the Director of

Public Health, and thereafter, an educational entity, other

than a secondary school, conducting a nurse aide training

program shall initiate a fingerprint-based criminal history

records check required by this Act prior to entry of an

individual into the training program.

(d) On October 1, 2007 or as soon thereafter as is

reasonably practical, in the discretion of the Director of

Public Health, and thereafter, a health care employer who

makes a conditional offer of employment to an applicant for a

position as an employee shall initiate a fingerprint-based

criminal history record check, requested by the Department of

Public Health, on the applicant, if such a background check

has not been previously conducted. Workforce intermediaries

and organizations providing pro bono legal services may

initiate a fingerprint-based criminal history record check if

a conditional offer of employment has not been made and a

background check has not been previously conducted for an

individual who has a disqualifying conviction and is receiving

services from a workforce intermediary or an organization

providing pro bono legal services.

(e) When initiating a background check requested by the

Department of Public Health, an educational entity, health

care employer, workforce intermediary, or organization that

provides pro bono legal services shall electronically submit

to the Department of Public Health the student's, applicant's,

or employee's social security number, demographics,

disclosure, and authorization information in a format

prescribed by the Department of Public Health within 2 working

days after the authorization is secured. The student,

applicant, or employee shall have his or her fingerprints

collected electronically and transmitted to the Illinois

Department of State Police within 10 working days. The

educational entity, health care employer, workforce

intermediary, or organization that provides pro bono legal

services shall transmit all necessary information and fees to

the livescan vendor and Illinois Department of State Police

within 10 working days after receipt of the authorization.

This information and the results of the criminal history

record checks shall be maintained by the Department of Public

Health's Health Care Worker Registry.

(f) A direct care employer may initiate a

fingerprint-based background check required by this Act for

any of its employees, but may not use this process to initiate

background checks for residents. The results of any

fingerprint-based background check that is initiated with the

Department as the requester shall be entered in the Health

Care Worker Registry.

(g) As long as the employee or trainee has had a

fingerprint-based criminal history record check required by

this Act and stays active on the Health Care Worker Registry,

no further criminal history record checks are required, as the

Illinois Department of State Police shall notify the

Department of Public Health of any additional convictions

associated with the fingerprints previously submitted. Health

care employers shall check the Health Care Worker Registry

before hiring an employee to determine that the individual has

had a fingerprint-based record check required by this Act and

has no disqualifying convictions or has been granted a waiver

pursuant to Section 40 of this Act. If the individual has not

had such a background check or is not active on the Health Care

Worker Registry, then the health care employer shall initiate

a fingerprint-based record check requested by the Department

of Public Health. If an individual is inactive on the Health

Care Worker Registry, that individual is prohibited from being

hired to work as a certified nursing assistant if, since the

individual's most recent completion of a competency test,

there has been a period of 24 consecutive months during which

the individual has not provided nursing or nursing-related

services for pay. If the individual can provide proof of

having retained his or her certification by not having a

24-consecutive-month break in service for pay, he or she may

be hired as a certified nursing assistant and that employment

information shall be entered into the Health Care Worker

Registry.

(h) On October 1, 2007 or as soon thereafter as is

reasonably practical, in the discretion of the Director of

Public Health, and thereafter, if the Illinois Department of

State Police notifies the Department of Public Health that an

employee has a new conviction of a disqualifying offense,

based upon the fingerprints that were previously submitted,

then (i) the Health Care Worker Registry shall notify the

employee's last known employer of the offense, (ii) a record

of the employee's disqualifying offense shall be entered on

the Health Care Worker Registry, and (iii) the individual

shall no longer be eligible to work as an employee unless he or

she obtains a waiver pursuant to Section 40 of this Act.

(i) On October 1, 2007, or as soon thereafter, in the

discretion of the Director of Public Health, as is reasonably

practical, and thereafter, each direct care employer or its

designee shall provide an employment verification for each

employee no less than annually. The direct care employer or

its designee shall log into the Health Care Worker Registry

through a secure login. The health care employer or its

designee shall indicate employment and termination dates

within 30 days after hiring or terminating an employee, as

well as the employment category and type. Failure to comply

with this subsection (i) constitutes a licensing violation. A

fine of up to $500 may be imposed for failure to maintain these

records. This information shall be used by the Department of

Public Health to notify the last known employer of any

disqualifying offenses that are reported by the Illinois

Department of State Police.

(j) In the event that an applicant or employee has a waiver

for one or more disqualifying offenses pursuant to Section 40

of this Act and he or she is otherwise eligible to work, the

Health Care Worker Registry shall indicate that the applicant

or employee is eligible to work and that additional

information is available on the Health Care Worker Registry.

The Health Care Worker Registry may indicate that the

applicant or employee has received a waiver.

(k) The student, applicant, or employee shall be notified

of each of the following whenever a fingerprint-based criminal

history records check is required:

(1) That the educational entity, health care employer,

or long-term care facility shall initiate a

fingerprint-based criminal history record check required

by this Act of the student, applicant, or employee.

(2) That the student, applicant, or employee has a

right to obtain a copy of the criminal records report that

indicates a conviction for a disqualifying offense and

challenge the accuracy and completeness of the report

through an established Illinois Department of State Police

procedure of Access and Review.

(3) That the applicant, if hired conditionally, may be

terminated if the criminal records report indicates that

the applicant has a record of a conviction of any of the

criminal offenses enumerated in Section 25, unless the

applicant obtains a waiver pursuant to Section 40 of this

Act.

(4) That the applicant, if not hired conditionally,

shall not be hired if the criminal records report

indicates that the applicant has a record of a conviction

of any of the criminal offenses enumerated in Section 25,

unless the applicant obtains a waiver pursuant to Section

40 of this Act.

(5) That the employee shall be terminated if the

criminal records report indicates that the employee has a

record of a conviction of any of the criminal offenses

enumerated in Section 25.

(6) If, after the employee has originally been

determined not to have disqualifying offenses, the

employer is notified that the employee has a new

conviction(s) of any of the criminal offenses enumerated

in Section 25, then the employee shall be terminated.

(l) A health care employer or long-term care facility may

conditionally employ an applicant for up to 3 months pending

the results of a fingerprint-based criminal history record

check requested by the Department of Public Health.

(m) The Department of Public Health or an entity

responsible for inspecting, licensing, certifying, or

registering the health care employer or long-term care

facility shall be immune from liability for notices given

based on the results of a fingerprint-based criminal history

record check.

(n) As used in this Section:

"Workforce intermediaries" means organizations that

function to provide job training and employment services.

Workforce intermediaries include institutions of higher

education, faith-based and community organizations, and

workforce investment boards.

"Organizations providing pro bono legal services" means

legal services performed without compensation or at a

significantly reduced cost to the recipient that provide

services designed to help individuals overcome statutory

barriers that would prevent them from entering positions in

the healthcare industry.

(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)

(225 ILCS 46/45)

Sec. 45. Application fees. Except as otherwise provided in

this Act, the student, applicant, or employee, other than a

nurse aide, may be required to pay all related application and

fingerprinting fees including, but not limited to, the amounts

established by the Illinois Department of State Police to

process fingerprint-based criminal history records checks. If

a health care employer certified to participate in the

Medicaid program pays the fees, the fees shall be a direct

pass-through on the cost report submitted by the employer to

the Medicaid agency.

(Source: P.A. 95-120, eff. 8-13-07.)

(225 ILCS 46/65)

Sec. 65. Health Care Worker Task Force. A Health Care

Worker Task Force shall be appointed to study and make

recommendations on statutory changes to this Act.

(a) The Task Force shall monitor the status of the

implementation of this Act and monitor complaint

investigations relating to this Act by the Department on

Aging, Department of Public Health, Department of Professional

Regulation, and the Department of Human Services to determine

the criminal background, if any, of health care workers who

have had findings of abuse, theft, or exploitation.

(b) The Task Force shall make recommendations concerning

modifications to the list of offenses enumerated in Section

25, including time limits on all or some of the disqualifying

offenses, and any other necessary or desirable changes to the

Act.

(c) In the event that proposed rules or changes are

properly submitted to the Task Force and the Task Force fails

to advise the Department within 90 days after receipt of the

proposed rules or changes, final action shall be deemed to

have been taken by the Task Force concerning the proposed

rules or changes.

(d) The Task Force shall be composed of the following

members, who shall serve without pay:

(1) a chairman knowledgeable about health care issues,

who shall be appointed by the Governor;

(2) the Director of Public Health or his or her

designee;

(3) the Director of the Illinois State Police or his

or her designee;

(3.5) the Director of Healthcare and Family Services

or his or her designee;

(3.6) the Secretary of Human Services or his or her

designee;

(3.7) the Director of Aging or his or her designee;

(4) 2 representatives of health care providers, who

shall be appointed by the Governor;

(5) 2 representatives of health care employees, who

shall be appointed by the Governor;

(5.5) a representative of a Community Care homemaker

program, who shall be appointed by the Governor;

(6) a representative of the general public who has an

interest in health care, who shall be appointed by the

Governor; and

(7) 4 members of the General Assembly, one appointed

by the Speaker of the House, one appointed by the House

Minority Leader, one appointed by the President of the

Senate, and one appointed by the Senate Minority Leader.

(e) The Task Force shall meet at least quarterly, and more

frequently at the discretion of the chairperson. Task Force

members shall serve until a replacement is sworn and

qualified. Nine members appointed to the Task Force

constitutes a quorum.

(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)

(225 ILCS 46/70)

Sec. 70. Centers for Medicare and Medicaid Services (CMMS)

grant; Voluntary FBI Fingerprint Demonstration Project.

(a) The General Assembly authorizes the establishment of

the Voluntary FBI Fingerprint Demonstration Project

(Demonstration Project), which shall be consistent with the

provisions of the Centers for Medicare and Medicaid Services

grant awarded to and distributed by the Department of Public

Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,

Section 6201 of the Affordable Care Act of 2010. The

Demonstration Project is authorized to operate for the period

of January 1, 2014 through December 31, 2014 and shall operate

until the conclusion of this grant period or until the

long-term care facility terminates its participation in the

Demonstration Project, whichever occurs sooner.

(b) The Long-Term Care Facility Advisory Board established

under the Nursing Home Care Act shall act in an advisory

capacity to the Demonstration Project.

(c) Long-term care facilities voluntarily participating in

the Demonstration Project shall, in addition to the provisions

of this Section, comply with all requirements set forth in

this Act. When conflict between the Act and the provisions of

this Section occurs, the provisions of this Section shall

supersede until the conclusion of the grant period or until

the long-term care facility terminates its participation in

the Demonstration Project, whichever occurs sooner.

(d) The Department of Public Health shall select at least

one facility in the State to participate in the Demonstration

Project.

(e) For the purposes of determining who shall be required

to undergo a State and an FBI fingerprint-based criminal

history records check under the Demonstration Project, "direct

access employee" means any individual who has access to a

patient or resident of a long-term care facility or provider

through employment or through a contract with a long-term care

facility or provider and has duties that involve or may

involve one-on-one contact with a resident of the facility or

provider, as determined by the State for purposes of the

Demonstration Project.

(f) All long-term care facilities licensed under the

Nursing Home Care Act are qualified to volunteer for the

Demonstration Project.

(g) The Department of Public Health shall notify qualified

long-term care facilities within 30 days after the effective

date of this amendatory Act of the 98th General Assembly of the

opportunity to volunteer for the Demonstration Project. The

notice shall include information concerning application

procedures and deadlines, termination rights, requirements for

participation, the selection process, and a

question-and-answer document addressing potential conflicts

between this Act and the provisions of this Section.

(h) Qualified long-term care facilities shall be given a

minimum of 30 days after the date of receiving the notice to

inform the Department of Public Health, in the form and manner

prescribed by the Department of Public Health, of their

interest in volunteering for the Demonstration Project.

Facilities selected for the Demonstration Project shall be

notified, within 30 days after the date of application, of the

effective date that their participation in the Demonstration

Project will begin, which may vary.

(i) The individual applicant shall be responsible for the

cost of each individual fingerprint inquiry, which may be

offset with grant funds, if available.

(j) Each applicant seeking employment in a position

described in subsection (e) of this Section with a selected

health care employer shall, as a condition of employment, have

his or her fingerprints submitted to the Illinois Department

of State Police in an electronic format that complies with the

form and manner for requesting and furnishing criminal history

record information by the Illinois Department of State Police

and the Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall forward the fingerprints to

the Federal Bureau of Investigation for a national criminal

history records check. The Illinois Department of State Police

shall charge a fee for conducting the criminal history records

check, which shall not exceed the actual cost of the records

check and shall be deposited into the State Police Services

Fund. The Illinois Department of State Police shall furnish,

pursuant to positive identification, records of Illinois

convictions to the Department of Public Health.

(k) A fingerprint-based criminal history records check

submitted in accordance with subsection (j) of this Section

shall be submitted as a fee applicant inquiry in the form and

manner prescribed by the Illinois Department of State Police.

(l) A long-term care facility may terminate its

participation in the Demonstration Project without prejudice

by providing the Department of Public Health with notice of

its intent to terminate at least 30 days prior to its voluntary

termination.

(m) This Section shall be inapplicable upon the conclusion

of the CMMS grant period.

(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;

99-78, eff. 7-20-15.)

Section 595. The Massage Licensing Act is amended by

changing Section 15 as follows:

(225 ILCS 57/15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15. Licensure requirements.

(a) Persons engaged in massage for compensation must be

licensed by the Department. The Department shall issue a

license to an individual who meets all of the following

requirements:

(1) The applicant has applied in writing on the

prescribed forms and has paid the required fees.

(2) The applicant is at least 18 years of age and of

good moral character. In determining good moral character,

the Department may take into consideration conviction of

any crime under the laws of the United States or any state

or territory thereof that is a felony or a misdemeanor or

any crime that is directly related to the practice of the

profession. Such a conviction shall not operate

automatically as a complete bar to a license, except in

the case of any conviction for prostitution, rape, or

sexual misconduct, or where the applicant is a registered

sex offender.

(3) The applicant has met one of the following

requirements:

(A) has successfully completed a massage therapy

program approved by the Department that requires a

minimum of 500 hours, except applicants applying on or

after January 1, 2014 shall meet a minimum requirement

of 600 hours, and has passed a competency examination

approved by the Department;

(B) holds a current license from another

jurisdiction having licensure requirements that

include the completion of a massage therapy program of

at least 500 hours; or

(C) (blank).

(b) Each applicant for licensure as a massage therapist

shall have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department, in its discretion, may allow an

applicant who does not have reasonable access to a designated

vendor to provide his or her fingerprints in an alternative

manner. The Department may adopt any rules necessary to

implement this Section.

(Source: P.A. 97-514, eff. 8-23-11.)

Section 600. The Medical Practice Act of 1987 is amended

by changing Sections 7, 9.7, and 65 as follows:

(225 ILCS 60/7) (from Ch. 111, par. 4400-7)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7. Medical Disciplinary Board.

(A) There is hereby created the Illinois State Medical

Disciplinary Board. The Disciplinary Board shall consist of 11

members, to be appointed by the Governor by and with the advice

and consent of the Senate. All members shall be residents of

the State, not more than 6 of whom shall be members of the same

political party. All members shall be voting members. Five

members shall be physicians licensed to practice medicine in

all of its branches in Illinois possessing the degree of

doctor of medicine. One member shall be a physician licensed

to practice medicine in all its branches in Illinois

possessing the degree of doctor of osteopathy or osteopathic

medicine. One member shall be a chiropractic physician

licensed to practice in Illinois and possessing the degree of

doctor of chiropractic. Four members shall be members of the

public, who shall not be engaged in any way, directly or

indirectly, as providers of health care.

(B) Members of the Disciplinary Board shall be appointed

for terms of 4 years. Upon the expiration of the term of any

member, his or her their successor shall be appointed for a

term of 4 years by the Governor by and with the advice and

consent of the Senate. The Governor shall fill any vacancy for

the remainder of the unexpired term with the advice and

consent of the Senate. Upon recommendation of the Board, any

member of the Disciplinary Board may be removed by the

Governor for misfeasance, malfeasance, or willful wilful

neglect of duty, after notice, and a public hearing, unless

such notice and hearing shall be expressly waived in writing.

Each member shall serve on the Disciplinary Board until their

successor is appointed and qualified. No member of the

Disciplinary Board shall serve more than 2 consecutive 4 year

terms.

In making appointments the Governor shall attempt to

insure that the various social and geographic regions of the

State of Illinois are properly represented.

In making the designation of persons to act for the

several professions represented on the Disciplinary Board, the

Governor shall give due consideration to recommendations by

members of the respective professions and by organizations

therein.

(C) The Disciplinary Board shall annually elect one of its

voting members as chairperson and one as vice chairperson. No

officer shall be elected more than twice in succession to the

same office. Each officer shall serve until their successor

has been elected and qualified.

(D) (Blank).

(E) Six voting members of the Disciplinary Board, at least

4 of whom are physicians, shall constitute a quorum. A vacancy

in the membership of the Disciplinary Board shall not impair

the right of a quorum to exercise all the rights and perform

all the duties of the Disciplinary Board. Any action taken by

the Disciplinary Board under this Act may be authorized by

resolution at any regular or special meeting and each such

resolution shall take effect immediately. The Disciplinary

Board shall meet at least quarterly.

(F) Each member, and member-officer, of the Disciplinary

Board shall receive a per diem stipend as the Secretary shall

determine. Each member shall be paid their necessary expenses

while engaged in the performance of their duties.

(G) The Secretary shall select a Chief Medical Coordinator

and not less than 2 Deputy Medical Coordinators who shall not

be members of the Disciplinary Board. Each medical coordinator

shall be a physician licensed to practice medicine in all of

its branches, and the Secretary shall set their rates of

compensation. The Secretary shall assign at least one medical

coordinator to a region composed of Cook County and such other

counties as the Secretary may deem appropriate, and such

medical coordinator or coordinators shall locate their office

in Chicago. The Secretary shall assign at least one medical

coordinator to a region composed of the balance of counties in

the State, and such medical coordinator or coordinators shall

locate their office in Springfield. The Chief Medical

Coordinator shall be the chief enforcement officer of this

Act. None of the functions, powers, or duties of the

Department with respect to policies regarding enforcement or

discipline under this Act, including the adoption of such

rules as may be necessary for the administration of this Act,

shall be exercised by the Department except upon review of the

Disciplinary Board.

The Secretary shall employ, in conformity with the

Personnel Code, investigators who are college graduates with

at least 2 years of investigative experience or one year of

advanced medical education. Upon the written request of the

Disciplinary Board, the Secretary shall employ, in conformity

with the Personnel Code, such other professional, technical,

investigative, and clerical help, either on a full or

part-time basis as the Disciplinary Board deems necessary for

the proper performance of its duties.

(H) Upon the specific request of the Disciplinary Board,

signed by either the chairperson, vice chairperson, or a

medical coordinator of the Disciplinary Board, the Department

of Human Services, the Department of Healthcare and Family

Services, the Illinois Department of State Police, or any

other law enforcement agency located in this State shall make

available any and all information that they have in their

possession regarding a particular case then under

investigation by the Disciplinary Board.

(I) Members of the Disciplinary Board shall be immune from

suit in any action based upon any disciplinary proceedings or

other acts performed in good faith as members of the

Disciplinary Board.

(J) The Disciplinary Board may compile and establish a

statewide roster of physicians and other medical

professionals, including the several medical specialties, of

such physicians and medical professionals, who have agreed to

serve from time to time as advisors to the medical

coordinators. Such advisors shall assist the medical

coordinators or the Disciplinary Board in their investigations

and participation in complaints against physicians. Such

advisors shall serve under contract and shall be reimbursed at

a reasonable rate for the services provided, plus reasonable

expenses incurred. While serving in this capacity, the

advisor, for any act undertaken in good faith and in the

conduct of his or her duties under this Section, shall be

immune from civil suit.

(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

(225 ILCS 60/9.7)

(Section scheduled to be repealed on January 1, 2022)

Sec. 9.7. Criminal history records background check. Each

applicant for licensure or permit under Sections 9, 18, and 19

shall have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

Department designated or approved vendor. The Department, in

its discretion, may allow an applicant who does not have

reasonable access to a designated vendor to provide his or her

fingerprints in an alternative manner. The Department may

adopt any rules necessary to implement this Section.

(Source: P.A. 97-622, eff. 11-23-11.)

(225 ILCS 60/65)

(Section scheduled to be repealed on January 1, 2022)

Sec. 65. Annie LeGere Law; epinephrine auto-injector. A

licensee under this Act may not be subject to discipline for

providing a standing order or prescription for an epinephrine

auto-injector in accordance with Section 40 of the Illinois

State Police Act or Section 10.19 of the Illinois Police

Training Act.

(Source: P.A. 100-648, eff. 7-31-18.)

Section 605. The Nurse Practice Act is amended by changing

Section 50-35 as follows:

(225 ILCS 65/50-35) (was 225 ILCS 65/5-23)

(Section scheduled to be repealed on January 1, 2028)

Sec. 50-35. Criminal history records background check.

Each applicant for licensure by examination or restoration

shall have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department, in its discretion, may allow an

applicant who does not have reasonable access to a designated

vendor to provide his or her fingerprints in an alternative

manner. The Department may adopt any rules necessary to

implement this Section.

(Source: P.A. 95-639, eff. 10-5-07.)

Section 610. The Nursing Home Administrators Licensing and

Disciplinary Act is amended by changing Section 5.1 as

follows:

(225 ILCS 70/5.1)

(Section scheduled to be repealed on January 1, 2028)

Sec. 5.1. Powers and duties; rules. The Department shall

exercise the powers and duties prescribed by the Civil

Administrative Code of Illinois for administration of

licensing acts and shall exercise such other powers and duties

necessary for effectuating the purposes of this Act. The

Department shall adopt rules to implement, interpret, make

specific the provisions and purposes of this Act, and may

prescribe forms that shall be issued in connection with

rulemaking. The Department shall transmit the proposed

rulemaking to the Board.

The Department may solicit the advice of the Board on any

matter relating to the administration and enforcement of this

Act.

Upon the written request of the Department, the Department

of Public Health, the Department of Human Services or the

Illinois Department of State Police may cooperate and assist

in any investigation undertaken by the Board.

(Source: P.A. 100-675, eff. 8-3-18.)

Section 615. The Wholesale Drug Distribution Licensing Act

is amended by changing Section 25 as follows:

(225 ILCS 120/25) (from Ch. 111, par. 8301-25)

(Section scheduled to be repealed on January 1, 2023)

Sec. 25. Wholesale drug distributor licensing

requirements.

(a) Every resident wholesale distributor who engages in

the wholesale distribution of prescription drugs must be

licensed by the Department, and every non-resident wholesale

distributor must be licensed in this State if it ships

prescription drugs into this State, in accordance with this

Act, before engaging in wholesale distributions of wholesale

prescription drugs.

(b) The Department shall require without limitation all of

the following information from each applicant for licensure

under this Act:

(1) The name, full business address, and telephone

number of the licensee.

(2) All trade or business names used by the licensee.

(3) Addresses, telephone numbers, and the names of

contact persons for all facilities used by the licensee

for the storage, handling, and distribution of

prescription drugs.

(4) The type of ownership or operation, such as a

partnership, corporation, or sole proprietorship.

(5) The name of the owner or operator of the wholesale

distributor, including:

(A) if a natural person, the name of the natural

person;

(B) if a partnership, the name of each partner and

the name of the partnership;

(C) if a corporation, the name and title of each

corporate officer and director, the corporate names,

and the name of the state of incorporation; and

(D) if a sole proprietorship, the full name of the

sole proprietor and the name of the business entity.

(6) A list of all licenses and permits issued to the

applicant by any other state that authorizes the applicant

to purchase or possess prescription drugs.

(7) The name of the designated representative for the

wholesale distributor, together with the personal

information statement and fingerprints, as required under

subsection (c) of this Section.

(8) Minimum liability insurance and other insurance as

defined by rule.

(9) Any additional information required by the

Department.

(c) Each wholesale distributor must designate an

individual representative who shall serve as the contact

person for the Department. This representative must provide

the Department with all of the following information:

(1) Information concerning whether the person has been

enjoined, either temporarily or permanently, by a court of

competent jurisdiction from violating any federal or State

law regulating the possession, control, or distribution of

prescription drugs or criminal violations, together with

details concerning any such event.

(2) A description of any involvement by the person

with any business, including any investments, other than

the ownership of stock in a publicly traded company or

mutual fund which manufactured, administered, prescribed,

distributed, or stored pharmaceutical products and any

lawsuits in which such businesses were named as a party.

(3) A description of any misdemeanor or felony

criminal offense of which the person, as an adult, was

found guilty, regardless of whether adjudication of guilt

was withheld or whether the person pled guilty or nolo

contendere. If the person indicates that a criminal

conviction is under appeal and submits a copy of the

notice of appeal of that criminal offense, the applicant

must, within 15 days after the disposition of the appeal,

submit to the Department a copy of the final written order

of disposition.

(4) The designated representative of an applicant for

licensure as a wholesale drug distributor shall have his

or her fingerprints submitted to the Illinois Department

of State Police in an electronic format that complies with

the form and manner for requesting and furnishing criminal

history record information as prescribed by the Illinois

Department of State Police. These fingerprints shall be

checked against the Illinois Department of State Police

and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee

for conducting the criminal history records check, which

shall be deposited into the State Police Services Fund and

shall not exceed the actual cost of the records check. The

Illinois Department of State Police shall furnish,

pursuant to positive identification, records of Illinois

convictions to the Department. The Department may require

applicants to pay a separate fingerprinting fee, either to

the Department or to a vendor. The Department, in its

discretion, may allow an applicant who does not have

reasonable access to a designated vendor to provide his or

her fingerprints in an alternative manner. The Department

may adopt any rules necessary to implement this Section.

The designated representative of a licensee shall

receive and complete continuing training in applicable

federal and State laws governing the wholesale

distribution of prescription drugs.

(d) The Department may not issue a wholesale distributor

license to an applicant, unless the Department first:

(1) ensures that a physical inspection of the facility

satisfactory to the Department has occurred at the address

provided by the applicant, as required under item (1) of

subsection (b) of this Section; and

(2) determines that the designated representative

meets each of the following qualifications:

(A) He or she is at least 21 years of age.

(B) He or she has been employed full-time for at

least 3 years in a pharmacy or with a wholesale

distributor in a capacity related to the dispensing

and distribution of, and recordkeeping relating to,

prescription drugs.

(C) He or she is employed by the applicant full

time in a managerial level position.

(D) He or she is actively involved in and aware of

the actual daily operation of the wholesale

distributor.

(E) He or she is physically present at the

facility of the applicant during regular business

hours, except when the absence of the designated

representative is authorized, including without

limitation sick leave and vacation leave.

(F) He or she is serving in the capacity of a

designated representative for only one applicant at a

time, except where more than one licensed wholesale

distributor is co-located in the same facility and

such wholesale distributors are members of an

affiliated group, as defined in Section 1504 of the

Internal Revenue Code.

(e) If a wholesale distributor distributes prescription

drugs from more than one facility, the wholesale distributor

shall obtain a license for each facility.

(f) The information provided under this Section may not be

disclosed to any person or entity other than the Department or

another government entity in need of such information for

licensing or monitoring purposes.

(Source: P.A. 97-804, eff. 1-1-13.)

Section 625. The Pyrotechnic Distributor and Operator

Licensing Act is amended by changing Sections 40 and 45 as

follows:

(225 ILCS 227/40)

Sec. 40. Fingerprint card; fees. The Office may require

each applicant to file with his or her application a

fingerprint card in the form and manner required by the

Illinois Department of State Police to enable the Illinois

Department of State Police to conduct a criminal history check

on the applicant.

The Office may require each applicant to submit, in

addition to the license fee, a fee specified by the Illinois

Department of State Police for processing fingerprint cards,

which may be made payable to the State Police Services Fund and

shall be remitted to the Illinois Department of State Police

for deposit into that Fund.

(Source: P.A. 93-263, eff. 7-22-03.)

(225 ILCS 227/45)

Sec. 45. Investigation. Upon receipt of an application,

the Office shall investigate the eligibility of the applicant.

The Office has authority to request and receive from any

federal, state or local governmental agency such information

and assistance as will enable it to carry out its powers and

duties under this Act. The Illinois Department of State Police

shall cause the fingerprints of each applicant to be compared

with fingerprints of criminals filed with the Illinois

Department of State Police or with federal law enforcement

agencies maintaining official fingerprint files.

(Source: P.A. 93-263, eff. 7-22-03.)

Section 635. The Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004 is

amended by changing Sections 5-10, 10-5, 10-25, 31-5, 31-10,

31-15, 31-20, 31-25, 35-30, and 40-10 as follows:

(225 ILCS 447/5-10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 5-10. Definitions. As used in this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

licensee's license file, as maintained by the Department's

licensure maintenance unit.

"Advertisement" means any public media, including printed

or electronic material, that is published or displayed in a

phone book, newspaper, magazine, pamphlet, newsletter,

website, or other similar type of publication or electronic

format that is intended to either attract business or merely

provide contact information to the public for an agency or

licensee. Advertisement shall not include a licensee's or an

agency's letterhead, business cards, or other stationery used

in routine business correspondence or customary name, address,

and number type listings in a telephone directory.

"Alarm system" means any system, including an electronic

access control system, a surveillance video system, a security

video system, a burglar alarm system, a fire alarm system, or

any other electronic system that activates an audible,

visible, remote, or recorded signal that is designed for the

protection or detection of intrusion, entry, theft, fire,

vandalism, escape, or trespass, or other electronic systems

designed for the protection of life by indicating the

existence of an emergency situation. "Alarm system" also

includes an emergency communication system and a mass

notification system.

"Applicant" means a person or business applying for

licensure, registration, or authorization under this Act. Any

applicant or person who holds himself or herself out as an

applicant is considered a licensee or registrant for the

purposes of enforcement, investigation, hearings, and the

Illinois Administrative Procedure Act.

"Armed employee" means a licensee or registered person who

is employed by an agency licensed or an armed proprietary

security force registered under this Act who carries a weapon

while engaged in the performance of official duties within the

course and scope of his or her employment during the hours and

times the employee is scheduled to work or is commuting

between his or her home or place of employment.

"Armed proprietary security force" means a security force

made up of one or more armed individuals employed by a

commercial or industrial operation or by a financial

institution as security officers for the protection of persons

or property.

"Board" means the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Board.

"Branch office" means a business location removed from the

place of business for which an agency license has been issued,

including, but not limited to, locations where active employee

records that are required to be maintained under this Act are

kept, where prospective new employees are processed, or where

members of the public are invited in to transact business. A

branch office does not include an office or other facility

located on the property of an existing client that is utilized

solely for the benefit of that client and is not owned or

leased by the agency.

"Canine handler" means a person who uses or handles a

trained dog to protect persons or property or to conduct

investigations.

"Canine handler authorization card" means a card issued by

the Department that authorizes the holder to use or handle a

trained dog to protect persons or property or to conduct

investigations during the performance of his or her duties as

specified in this Act.

"Canine trainer" means a person who acts as a dog trainer

for the purpose of training dogs to protect persons or

property or to conduct investigations.

"Canine trainer authorization card" means a card issued by

the Department that authorizes the holder to train a dog to

protect persons or property or to conduct investigations

during the performance of his or her duties as specified in

this Act.

"Canine training facility" means a facility operated by a

licensed private detective agency or private security

contractor agency wherein dogs are trained for the purposes of

protecting persons or property or to conduct investigations.

"Corporation" means an artificial person or legal entity

created by or under the authority of the laws of a state,

including without limitation a corporation, limited liability

company, or any other legal entity.

"Department" means the Department of Financial and

Professional Regulation.

"Emergency communication system" means any system that

communicates information about emergencies, including but not

limited to fire, terrorist activities, shootings, other

dangerous situations, accidents, and natural disasters.

"Employee" means a person who works for a person or agency

that has the right to control the details of the work performed

and is not dependent upon whether or not federal or state

payroll taxes are withheld.

"Fingerprint vendor" means a person that offers,

advertises, or provides services to fingerprint individuals,

through electronic or other means, for the purpose of

providing fingerprint images and associated demographic data

to the Illinois Department of State Police for processing

fingerprint based criminal history record information

inquiries.

"Fingerprint vendor agency" means a person, firm,

corporation, or other legal entity that engages in the

fingerprint vendor business and employs, in addition to the

fingerprint vendor licensee-in-charge, at least one other

person in conducting that business.

"Fingerprint vendor licensee-in-charge" means a person who

has been designated by a fingerprint vendor agency to be the

licensee-in-charge of an agency who is a full-time management

employee or owner who assumes sole responsibility for

maintaining all records required by this Act and who assumes

sole responsibility for assuring the licensed agency's

compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge

participation in agency affairs.

"Fire alarm system" means any system that is activated by

an automatic or manual device in the detection of smoke, heat,

or fire that activates an audible, visible, or remote signal

requiring a response.

"Firearm control card" means a card issued by the

Department that authorizes the holder, who has complied with

the training and other requirements of this Act, to carry a

weapon during the performance of his or her duties as

specified in this Act.

"Firm" means an unincorporated business entity, including

but not limited to proprietorships and partnerships.

"Licensee" means a person or business licensed under this

Act. Anyone who holds himself or herself out as a licensee or

who is accused of unlicensed practice is considered a licensee

for purposes of enforcement, investigation, hearings, and the

Illinois Administrative Procedure Act.

"Locksmith" means a person who engages in a business or

holds himself out to the public as providing a service that

includes, but is not limited to, the servicing, installing,

originating first keys, re-coding, repairing, maintaining,

manipulating, or bypassing of a mechanical or electronic

locking device, access control or video surveillance system at

premises, vehicles, safes, vaults, safe deposit boxes, or

automatic teller machines.

"Locksmith agency" means a person, firm, corporation, or

other legal entity that engages in the locksmith business and

employs, in addition to the locksmith licensee-in-charge, at

least one other person in conducting such business.

"Locksmith licensee-in-charge" means a person who has been

designated by agency to be the licensee-in-charge of an

agency, who is a full-time management employee or owner who

assumes sole responsibility for maintaining all records

required by this Act, and who assumes sole responsibility for

assuring the licensed agency's compliance with its

responsibilities as stated in this Act. The Department shall

adopt rules mandating licensee-in-charge participation in

agency affairs.

"Mass notification system" means any system that is used

to provide information and instructions to people in a

building or other space using voice communications, including

visible signals, text, graphics, tactile, or other

communication methods.

"Peace officer" or "police officer" means a person who, by

virtue of office or public employment, is vested by law with a

duty to maintain public order or to make arrests for offenses,

whether that duty extends to all offenses or is limited to

specific offenses. Officers, agents, or employees of the

federal government commissioned by federal statute to make

arrests for violations of federal laws are considered peace

officers.

"Permanent employee registration card" means a card issued

by the Department to an individual who has applied to the

Department and meets the requirements for employment by a

licensed agency under this Act.

"Person" means a natural person.

"Private alarm contractor" means a person who engages in a

business that individually or through others undertakes,

offers to undertake, purports to have the capacity to

undertake, or submits a bid to sell, install, design, monitor,

maintain, alter, repair, replace, or service alarm and other

security-related systems or parts thereof, including fire

alarm systems, at protected premises or premises to be

protected or responds to alarm systems at a protected premises

on an emergency basis and not as a full-time security officer.

"Private alarm contractor" does not include a person, firm, or

corporation that manufactures or sells alarm systems only from

its place of business and does not sell, install, monitor,

maintain, alter, repair, replace, service, or respond to alarm

systems at protected premises or premises to be protected.

"Private alarm contractor agency" means a person,

corporation, or other entity that engages in the private alarm

contracting business and employs, in addition to the private

alarm contractor-in-charge, at least one other person in

conducting such business.

"Private alarm contractor licensee-in-charge" means a

person who has been designated by an agency to be the

licensee-in-charge of an agency, who is a full-time management

employee or owner who assumes sole responsibility for

maintaining all records required by this Act, and who assumes

sole responsibility for assuring the licensed agency's

compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge

participation in agency affairs.

"Private detective" means any person who by any means,

including, but not limited to, manual, canine odor detection,

or electronic methods, engages in the business of, accepts

employment to furnish, or agrees to make or makes

investigations for a fee or other consideration to obtain

information relating to:

(1) Crimes or wrongs done or threatened against the

United States, any state or territory of the United

States, or any local government of a state or territory.

(2) The identity, habits, conduct, business

occupation, honesty, integrity, credibility, knowledge,

trustworthiness, efficiency, loyalty, activity,

movements, whereabouts, affiliations, associations,

transactions, acts, reputation, or character of any

person, firm, or other entity by any means, manual or

electronic.

(3) The location, disposition, or recovery of lost or

stolen property.

(4) The cause, origin, or responsibility for fires,

accidents, or injuries to individuals or real or personal

property.

(5) The truth or falsity of any statement or

representation.

(6) Securing evidence to be used before any court,

board, or investigating body.

(7) The protection of individuals from bodily harm or

death (bodyguard functions).

(8) Service of process in criminal and civil

proceedings.

"Private detective agency" means a person, firm,

corporation, or other legal entity that engages in the private

detective business and employs, in addition to the

licensee-in-charge, one or more persons in conducting such

business.

"Private detective licensee-in-charge" means a person who

has been designated by an agency to be the licensee-in-charge

of an agency, who is a full-time management employee or owner

who assumes sole responsibility for maintaining all records

required by this Act, and who assumes sole responsibility for

assuring the licensed agency's compliance with its

responsibilities as stated in this Act. The Department shall

adopt rules mandating licensee-in-charge participation in

agency affairs.

"Private security contractor" means a person who engages

in the business of providing a private security officer,

watchman, patrol, guard dog, canine odor detection, or a

similar service by any other title or name on a contractual

basis for another person, firm, corporation, or other entity

for a fee or other consideration and performing one or more of

the following functions:

(1) The prevention or detection of intrusion, entry,

theft, vandalism, abuse, fire, or trespass on private or

governmental property.

(2) The prevention, observation, or detection of any

unauthorized activity on private or governmental property.

(3) The protection of persons authorized to be on the

premises of the person, firm, or other entity for which

the security contractor contractually provides security

services.

(4) The prevention of the misappropriation or

concealment of goods, money, bonds, stocks, notes,

documents, or papers.

(5) The control, regulation, or direction of the

movement of the public for the time specifically required

for the protection of property owned or controlled by the

client.

(6) The protection of individuals from bodily harm or

death (bodyguard functions).

"Private security contractor agency" means a person, firm,

corporation, or other legal entity that engages in the private

security contractor business and that employs, in addition to

the licensee-in-charge, one or more persons in conducting such

business.

"Private security contractor licensee-in-charge" means a

person who has been designated by an agency to be the

licensee-in-charge of an agency, who is a full-time management

employee or owner who assumes sole responsibility for

maintaining all records required by this Act, and who assumes

sole responsibility for assuring the licensed agency's

compliance with its responsibilities as stated in this Act.

The Department shall adopt rules mandating licensee-in-charge

participation in agency affairs.

"Public member" means a person who is not a licensee or

related to a licensee, or who is not an employer or employee of

a licensee. The term "related to" shall be determined by the

rules of the Department.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

(Source: P.A. 98-253, eff. 8-9-13.)

(225 ILCS 447/10-5)

(Section scheduled to be repealed on January 1, 2024)

Sec. 10-5. Requirement of license.

(a) It is unlawful for a person to act as or provide the

functions of a private detective, private security contractor,

private alarm contractor, fingerprint vendor, or locksmith or

to advertise or to assume to act as any one of these, or to use

these or any other title implying that the person is engaged in

any of these activities unless licensed as such by the

Department. An individual or sole proprietor who does not

employ any employees other than himself or herself may operate

under a "doing business as" or assumed name certification

without having to obtain an agency license, so long as the

assumed name is first registered with the Department.

(b) It is unlawful for a person, firm, corporation, or

other legal entity to act as an agency licensed under this Act,

to advertise, or to assume to act as a licensed agency or to

use a title implying that the person, firm, or other entity is

engaged in the practice as a private detective agency, private

security contractor agency, private alarm contractor agency,

fingerprint vendor agency, or locksmith agency unless licensed

by the Department.

(c) No agency shall operate a branch office without first

applying for and receiving a branch office license for each

location.

(d) Beginning 12 months after the adoption of rules

providing for the licensure of fingerprint vendors under this

Act, it is unlawful for a person to operate live scan

fingerprint equipment or other equipment designed to obtain

fingerprint images for the purpose of providing fingerprint

images and associated demographic data to the Illinois

Department of State Police, unless he or she has successfully

completed a fingerprint training course conducted or

authorized by the Illinois Department of State Police and is

licensed as a fingerprint vendor.

(e) Beginning 12 months after the adoption of rules

providing for the licensure of canine handlers and canine

trainers under this Act, no person shall operate a canine

training facility unless licensed as a private detective

agency or private security contractor agency under this Act,

and no person shall act as a canine trainer unless he or she is

licensed as a private detective or private security contractor

or is a registered employee of a private detective agency or

private security contractor agency approved by the Department.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 447/10-25)

(Section scheduled to be repealed on January 1, 2024)

Sec. 10-25. Issuance of license; renewal; fees.

(a) The Department shall, upon the applicant's

satisfactory completion of the requirements set forth in this

Act and upon receipt of the fee, issue the license indicating

the name and business location of the licensee and the date of

expiration.

(b) An applicant may, upon satisfactory completion of the

requirements set forth in this Act and upon receipt of fees

related to the application and testing for licensure, elect to

defer the issuance of the applicant's initial license for a

period not longer than 3 years. An applicant who fails to

request issuance of his or her initial license or agency

license and to remit the fees required for that license within

3 years shall be required to resubmit an application together

with all required fees.

(c) The expiration date, renewal period, and conditions

for renewal and restoration of each license, permanent

employee registration card, canine handler authorization card,

canine trainer authorization card, and firearm control card

shall be set by rule. The holder may renew the license,

permanent employee registration card, canine handler

authorization card, canine trainer authorization card, or

firearm control card during the 30 days preceding its

expiration by paying the required fee and by meeting

conditions that the Department may specify. Any license holder

who notifies the Department on forms prescribed by the

Department may place his or her license on inactive status for

a period of not longer than 3 years and shall, subject to the

rules of the Department, be excused from payment of renewal

fees until the license holder notifies the Department, in

writing, of an intention to resume active status. Practice

while on inactive status constitutes unlicensed practice. A

non-renewed license that has lapsed for less than 3 years may

be restored upon payment of the restoration fee and all lapsed

renewal fees. A license that has lapsed for more than 3 years

may be restored by paying the required restoration fee and all

lapsed renewal fees and by providing evidence of competence to

resume practice satisfactory to the Department and the Board,

which may include passing a written examination. All

restoration fees and lapsed renewal fees shall be waived for

an applicant whose license lapsed while on active duty in the

armed forces of the United States if application for

restoration is made within 12 months after discharge from the

service.

Any person seeking renewal or restoration under this

subsection (c) shall be subject to the continuing education

requirements established pursuant to Section 10-27 of this

Act.

(d) Any permanent employee registration card expired for

less than one year may be restored upon payment of lapsed

renewal fees. Any permanent employee registration card expired

for one year or more may be restored by making application to

the Department and filing proof acceptable to the Department

of the licensee's fitness to have the permanent employee

registration card restored, including verification of

fingerprint processing through the Illinois Department of

State Police and Federal Bureau of Investigation and paying

the restoration fee.

(Source: P.A. 98-253, eff. 8-9-13.)

(225 ILCS 447/31-5)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-5. Exemptions.

(a) The provisions of this Act regarding fingerprint

vendors do not apply to any of the following, if the person

performing the service does not hold himself or herself out as

a fingerprint vendor or fingerprint vendor agency:

(1) An employee of the United States, Illinois, or a

political subdivision, including public school districts,

of either while the employee is engaged in the performance

of his or her official duties within the scope of his or

her employment. However, any such person who offers his or

her services as a fingerprint vendor or uses a similar

title when these services are performed for compensation

or other consideration, whether received directly or

indirectly, is subject to this Act.

(2) A person employed exclusively by only one employer

in connection with the exclusive activities of that

employer, provided that person does not hold himself or

herself out to the public as a fingerprint vendor.

(3) Any member of local law enforcement in the

performance of his or her duties for criminal justice

purposes, notwithstanding whether the local law

enforcement agency charges a reasonable fee related to the

cost of offering fingerprinting services.

(b) The provisions of this Act regarding fingerprint

vendors do not apply to any member of a local law enforcement

agency, acting on behalf of the local law enforcement agency

that is registered with the Illinois Department of State

Police to provide fingerprinting services for non-criminal

justice purposes, notwithstanding whether the local law

enforcement agency charges a reasonable fee related to the

cost of offering fingerprinting services.

(Source: P.A. 98-294, eff. 8-9-13; 98-600, eff. 12-6-13.)

(225 ILCS 447/31-10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-10. Qualifications for licensure as a fingerprint

vendor.

(a) A person is qualified for licensure as a fingerprint

vendor if he or she meets all of the following requirements:

(1) Is at least 18 years of age.

(2) Has not been convicted of any felony in any

jurisdiction or at least 10 years have elapsed since the

time of full discharge from a sentence imposed for a

felony conviction.

(3) Is of good moral character. Good moral character

is a continuing requirement of licensure. Conviction of

crimes other than felonies may be used in determining

moral character, but shall not constitute an absolute bar

to licensure, except where the applicant is a registered

sex offender.

(4) Has not been declared by any court of competent

jurisdiction to be incompetent by reason of mental or

physical defect or disease, unless a court has

subsequently declared him or her to be competent.

(5) Is not suffering from dependence on alcohol or

from narcotic addiction or dependence.

(6) Has not been dishonorably discharged from the

armed forces of the United States.

(7) Submits certification issued by the Illinois

Department of State Police that the applicant has

successfully completed a fingerprint vendor training

course conducted or authorized by the Illinois Department

of State Police.

(8) Submits his or her fingerprints, in accordance

with subsection (b) of this Section.

(9) Has not violated any provision of this Act or any

rule adopted under this Act.

(10) Provides evidence satisfactory to the Department

that the applicant has obtained general liability

insurance in an amount and with coverage as determined by

rule. Failure to maintain general liability insurance and

failure to provide the Department with written proof of

the insurance, upon request, shall result in cancellation

of the license without hearing. A fingerprint vendor

employed by a licensed fingerprint vendor agency may

provide proof that his or her actions as a fingerprint

vendor are covered by the liability insurance of his or

her employer.

(11) Pays the required licensure fee.

(12) (Blank).

(13) Submits proof that the applicant maintains a

business office located in the State of Illinois.

(14) Provides proof of compliance with subsection (e)

of Section 31-15 of this Act if the applicant is not

required to obtain a fingerprint vendor agency license

pursuant to subsection (b) of Section 31-15 of this Act.

(b) Each applicant for a fingerprint vendor license shall

have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited in the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or

directly to the vendor. The Department, in its discretion, may

allow an applicant who does not have reasonable access to a

designated vendor to provide his or her fingerprints in an

alternative manner. The Department, in its discretion, may

also use other procedures in performing or obtaining criminal

background checks of applicants. Instead of submitting his or

her fingerprints, an individual may submit proof that is

satisfactory to the Department that an equivalent security

clearance has been conducted. Also, an individual who has

retired as a peace officer within 12 months of application may

submit verification, on forms provided by the Department and

signed by his or her employer, of his or her previous full-time

employment as a peace officer.

(Source: P.A. 100-44, eff. 8-11-17.)

(225 ILCS 447/31-15)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-15. Qualifications for licensure as a fingerprint

vendor agency.

(a) Upon receipt of the required fee, compliance with

subsection (e) of this Section, and proof that the applicant

has a full-time Illinois licensed fingerprint vendor

licensee-in-charge, which is a continuing requirement for

agency licensure, the Department may issue a license as a

fingerprint vendor agency to any of the following:

(1) An individual who submits an application and is a

licensed fingerprint vendor under this Act.

(2) A firm that submits an application and all of the

members of the firm are licensed fingerprint vendors under

this Act.

(3) A corporation or limited liability company doing

business in Illinois that is authorized to engage in the

business of conducting a fingerprint vendor agency if at

least one officer or executive employee is a licensed

fingerprint vendor under this Act and all unlicensed

officers and directors of the corporation or limited

liability company are determined by the Department to be

persons of good moral character.

(b) An individual licensed as a fingerprint vendor

operating under a business name other than the licensed

fingerprint vendor's own name shall not be required to obtain

a fingerprint vendor agency license if that licensed

fingerprint vendor does not employ any persons to provide

fingerprinting services. However, in either circumstance, the

individual shall comply with the requirements of subsection

(e) of this Section as a requirement for licensure.

(c) No fingerprint vendor may be the licensee-in-charge

for more than one fingerprint vendor agency. Upon written

request by a representative of the agency, within 10 days

after the loss of a licensee-in-charge of an agency because of

the death of that individual or because of the termination of

the employment of that individual, the Department shall issue

a temporary certificate of authority allowing the continuing

operation of the licensed agency. No temporary certificate of

authority shall be valid for more than 90 days. An extension of

an additional 90 days may be granted upon written request by

the representative of the agency. Not more than 2 extensions

may be granted to any agency. No temporary permit shall be

issued for loss of the licensee-in-charge because of

disciplinary action by the Department related to his or her

conduct on behalf of the agency.

(d) Upon issuance of the temporary certificate of

authority as provided for in subsection (c) of this Section

and at any time thereafter while the temporary certificate of

authority is in effect, the Department may request in writing

additional information from the agency regarding the loss of

its licensee-in-charge, the selection of a new

licensee-in-charge, and the management of the agency. Failure

of the agency to respond or respond to the satisfaction of the

Department shall cause the Department to deny any extension of

the temporary certificate of authority. While the temporary

certificate of authority is in effect, the Department may

disapprove the selection of a new licensee-in-charge by the

agency if the person's license is not operative or the

Department has good cause to believe that the person selected

will not fully exercise the responsibilities of a

licensee-in-charge. If the Department has disapproved the

selection of a new licensee-in-charge and the temporary

certificate of authority expires or is about to expire without

the agency selecting another new licensee-in-charge, the

Department shall grant an extension of the temporary

certificate of authority for an additional 90 days, except as

otherwise prohibited in subsection (c) or this subsection (d).

(e) An applicant shall submit certification issued by the

Illinois Department of State Police that the applicant's

fingerprinting equipment and software meets all specifications

required by the Illinois Department of State Police.

Compliance with Illinois Department of State Police

fingerprinting equipment and software specifications is a

continuing requirement for licensure.

(Source: P.A. 100-44, eff. 8-11-17.)

(225 ILCS 447/31-20)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-20. Training; fingerprint vendor and employees.

(a) Registered employees of a licensed fingerprint vendor

agency shall complete a minimum of 20 hours of training

provided by a qualified instructor within 30 days of their

employment. The substance of the training shall be prescribed

by rule.

(b) It is the responsibility of the employer to certify,

on a form provided by the Department, that the employee has

successfully completed the training. The form shall be a

permanent record of training completed by the employee and

shall be placed in the employee's file with the employer for

the period the employee remains with the employer. An agency

may place a notarized copy of the Department form, in lieu of

the original, into the permanent employee registration card

file. The original form shall be given to the employee when his

or her employment is terminated. Failure to return the

original form to the employee is grounds for disciplinary

action. The employee shall not be required to repeat the

required training once the employee has been issued the form.

An employer may provide or require additional training.

(c) Any certification of completion of the 20-hour basic

training issued under the Private Detective, Private Alarm,

Private Security, and Locksmith Act of 2004 or any prior Act

shall be accepted as proof of training under this Act.

(d) No registered employee of a licensed fingerprint

vendor agency may operate live scan fingerprint equipment or

other equipment designed to obtain fingerprint images for the

purpose of providing fingerprint images and associated

demographic data to the Illinois Department of State Police.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 447/31-25)

(Section scheduled to be repealed on January 1, 2024)

Sec. 31-25. Customer identification; record keeping. A

fingerprint vendor or fingerprint vendor agency shall document

in the form of a work order when and where each and every

fingerprint service is provided. The work order shall also

include the name, address, date of birth, telephone number,

and driver's license number or other identification number of

the person requesting the service to be done, the signature of

that person, the routing number and any other information or

documentation as provided by rule. All work orders shall be

kept by the licensed fingerprint vendor for a period of 2 years

from the date of service and shall include the name and license

number of the fingerprint vendor and, if applicable, the name

and identification number of the registered employee who

performed the services. Work order forms required to be kept

under this Section shall be available for inspection by the

Department or by the Illinois Department of State Police.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 447/35-30)

(Section scheduled to be repealed on January 1, 2024)

Sec. 35-30. Employee requirements. All employees of a

licensed agency, other than those exempted, shall apply for a

permanent employee registration card. The holder of an agency

license issued under this Act, known in this Section as

"employer", may employ in the conduct of his or her business

employees under the following provisions:

(a) No person shall be issued a permanent employee

registration card who:

(1) Is younger than 18 years of age.

(2) Is younger than 21 years of age if the services

will include being armed.

(3) Has been determined by the Department to be unfit

by reason of conviction of an offense in this or another

state, including registration as a sex offender, but not

including a traffic offense. Persons convicted of felonies

involving bodily harm, weapons, violence, or theft within

the previous 10 years shall be presumed to be unfit for

registration. The Department shall adopt rules for making

those determinations that shall afford the applicant due

process of law.

(4) Has had a license or permanent employee

registration card denied, suspended, or revoked under this

Act (i) within one year before the date the person's

application for permanent employee registration card is

received by the Department; and (ii) that refusal, denial,

suspension, or revocation was based on any provision of

this Act other than Section 40-50, item (6) or (8) of

subsection (a) of Section 15-10, subsection (b) of Section

15-10, item (6) or (8) of subsection (a) of Section 20-10,

subsection (b) of Section 20-10, item (6) or (8) of

subsection (a) of Section 25-10, subsection (b) of Section

25-10, item (7) of subsection (a) of Section 30-10,

subsection (b) of Section 30-10, or Section 10-40.

(5) Has been declared incompetent by any court of

competent jurisdiction by reason of mental disease or

defect and has not been restored.

(6) Has been dishonorably discharged from the armed

services of the United States.

(b) No person may be employed by a private detective

agency, private security contractor agency, private alarm

contractor agency, fingerprint vendor agency, or locksmith

agency under this Section until he or she has executed and

furnished to the employer, on forms furnished by the

Department, a verified statement to be known as "Employee's

Statement" setting forth:

(1) The person's full name, age, and residence

address.

(2) The business or occupation engaged in for the 5

years immediately before the date of the execution of the

statement, the place where the business or occupation was

engaged in, and the names of employers, if any.

(3) That the person has not had a license or employee

registration denied, revoked, or suspended under this Act

(i) within one year before the date the person's

application for permanent employee registration card is

received by the Department; and (ii) that refusal, denial,

suspension, or revocation was based on any provision of

this Act other than Section 40-50, item (6) or (8) of

subsection (a) of Section 15-10, subsection (b) of Section

15-10, item (6) or (8) of subsection (a) of Section 20-10,

subsection (b) of Section 20-10, item (6) or (8) of

subsection (a) of Section 25-10, subsection (b) of Section

25-10, item (7) of subsection (a) of Section 30-10,

subsection (b) of Section 30-10, or Section 10-40.

(4) Any conviction of a felony or misdemeanor.

(5) Any declaration of incompetence by a court of

competent jurisdiction that has not been restored.

(6) Any dishonorable discharge from the armed services

of the United States.

(7) Any other information as may be required by any

rule of the Department to show the good character,

competency, and integrity of the person executing the

statement.

(c) Each applicant for a permanent employee registration

card shall have his or her fingerprints submitted to the

Illinois Department of State Police in an electronic format

that complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited in the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or

directly to the vendor. The Department, in its discretion, may

allow an applicant who does not have reasonable access to a

designated vendor to provide his or her fingerprints in an

alternative manner. The Department, in its discretion, may

also use other procedures in performing or obtaining criminal

background checks of applicants. Instead of submitting his or

her fingerprints, an individual may submit proof that is

satisfactory to the Department that an equivalent security

clearance has been conducted. Also, an individual who has

retired as a peace officer within 12 months of application may

submit verification, on forms provided by the Department and

signed by his or her employer, of his or her previous full-time

employment as a peace officer.

(d) The Department shall issue a permanent employee

registration card, in a form the Department prescribes, to all

qualified applicants. The holder of a permanent employee

registration card shall carry the card at all times while

actually engaged in the performance of the duties of his or her

employment. Expiration and requirements for renewal of

permanent employee registration cards shall be established by

rule of the Department. Possession of a permanent employee

registration card does not in any way imply that the holder of

the card is employed by an agency unless the permanent

employee registration card is accompanied by the employee

identification card required by subsection (f) of this

Section.

(e) Each employer shall maintain a record of each employee

that is accessible to the duly authorized representatives of

the Department. The record shall contain the following

information:

(1) A photograph taken within 10 days of the date that

the employee begins employment with the employer. The

photograph shall be replaced with a current photograph

every 3 calendar years.

(2) The Employee's Statement specified in subsection

(b) of this Section.

(3) All correspondence or documents relating to the

character and integrity of the employee received by the

employer from any official source or law enforcement

agency.

(4) In the case of former employees, the employee

identification card of that person issued under subsection

(f) of this Section. Each employee record shall duly note

if the employee is employed in an armed capacity. Armed

employee files shall contain a copy of an active firearm

owner's identification card and a copy of an active

firearm control card. Each employer shall maintain a

record for each armed employee of each instance in which

the employee's weapon was discharged during the course of

his or her professional duties or activities. The record

shall be maintained on forms provided by the Department, a

copy of which must be filed with the Department within 15

days of an instance. The record shall include the date and

time of the occurrence, the circumstances involved in the

occurrence, and any other information as the Department

may require. Failure to provide this information to the

Department or failure to maintain the record as a part of

each armed employee's permanent file is grounds for

disciplinary action. The Department, upon receipt of a

report, shall have the authority to make any investigation

it considers appropriate into any occurrence in which an

employee's weapon was discharged and to take disciplinary

action as may be appropriate.

(5) A copy of the employee's permanent employee

registration card or a copy of the Department's "License

Lookup" Webpage showing that the employee has been issued

a valid permanent employee registration card by the

Department.

The Department may, by rule, prescribe further record

requirements.

(f) Every employer shall furnish an employee

identification card to each of his or her employees. This

employee identification card shall contain a recent photograph

of the employee, the employee's name, the name and agency

license number of the employer, the employee's personal

description, the signature of the employer, the signature of

that employee, the date of issuance, and an employee

identification card number.

(g) No employer may issue an employee identification card

to any person who is not employed by the employer in accordance

with this Section or falsely state or represent that a person

is or has been in his or her employ. It is unlawful for an

applicant for registered employment to file with the

Department the fingerprints of a person other than himself or

herself.

(h) Every employer shall obtain the identification card of

every employee who terminates employment with him or her.

(i) Every employer shall maintain a separate roster of the

names of all employees currently working in an armed capacity

and submit the roster to the Department on request.

(j) No agency may employ any person to perform a licensed

activity under this Act unless the person possesses a valid

permanent employee registration card or a valid license under

this Act, or is exempt pursuant to subsection (n).

(k) Notwithstanding the provisions of subsection (j), an

agency may employ a person in a temporary capacity if all of

the following conditions are met:

(1) The agency completes in its entirety and submits

to the Department an application for a permanent employee

registration card, including the required fingerprint

receipt and fees.

(2) The agency has verification from the Department

that the applicant has no record of any criminal

conviction pursuant to the criminal history check

conducted by the Illinois Department of State Police. The

agency shall maintain the verification of the results of

the Illinois Department of State Police criminal history

check as part of the employee record as required under

subsection (e) of this Section.

(3) The agency exercises due diligence to ensure that

the person is qualified under the requirements of the Act

to be issued a permanent employee registration card.

(4) The agency maintains a separate roster of the

names of all employees whose applications are currently

pending with the Department and submits the roster to the

Department on a monthly basis. Rosters are to be

maintained by the agency for a period of at least 24

months.

An agency may employ only a permanent employee applicant

for which it either submitted a permanent employee application

and all required forms and fees or it confirms with the

Department that a permanent employee application and all

required forms and fees have been submitted by another agency,

licensee or the permanent employee and all other requirements

of this Section are met.

The Department shall have the authority to revoke, without

a hearing, the temporary authority of an individual to work

upon receipt of Federal Bureau of Investigation fingerprint

data or a report of another official authority indicating a

criminal conviction. If the Department has not received a

temporary employee's Federal Bureau of Investigation

fingerprint data within 120 days of the date the Department

received the Illinois Department of State Police fingerprint

data, the Department may, at its discretion, revoke the

employee's temporary authority to work with 15 days written

notice to the individual and the employing agency.

An agency may not employ a person in a temporary capacity

if it knows or reasonably should have known that the person has

been convicted of a crime under the laws of this State, has

been convicted in another state of any crime that is a crime

under the laws of this State, has been convicted of any crime

in a federal court, or has been posted as an unapproved

applicant by the Department. Notice by the Department to the

agency, via certified mail, personal delivery, electronic

mail, or posting on the Department's Internet site accessible

to the agency that the person has been convicted of a crime

shall be deemed constructive knowledge of the conviction on

the part of the agency. The Department may adopt rules to

implement this subsection (k).

(l) No person may be employed under this Section in any

capacity if:

(1) the person, while so employed, is being paid by

the United States or any political subdivision for the

time so employed in addition to any payments he or she may

receive from the employer; or

(2) the person wears any portion of his or her

official uniform, emblem of authority, or equipment while

so employed.

(m) If information is discovered affecting the

registration of a person whose fingerprints were submitted

under this Section, the Department shall so notify the agency

that submitted the fingerprints on behalf of that person.

(n) Peace officers shall be exempt from the requirements

of this Section relating to permanent employee registration

cards. The agency shall remain responsible for any peace

officer employed under this exemption, regardless of whether

the peace officer is compensated as an employee or as an

independent contractor and as further defined by rule.

(o) Persons who have no access to confidential or security

information, who do not go to a client's or prospective

client's residence or place of business, and who otherwise do

not provide traditional security services are exempt from

employee registration. Examples of exempt employees include,

but are not limited to, employees working in the capacity of

ushers, directors, ticket takers, cashiers, drivers, and

reception personnel. Confidential or security information is

that which pertains to employee files, scheduling, client

contracts, or technical security and alarm data.

(p) An applicant who is 21 years of age or older seeking a

religious exemption to the photograph requirement of this

Section shall furnish with the application an approved copy of

United States Department of the Treasury Internal Revenue

Service Form 4029. Regardless of age, an applicant seeking a

religious exemption to this photograph requirement shall

submit fingerprints in a form and manner prescribed by the

Department with his or her application in lieu of a

photograph.

(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)

(225 ILCS 447/40-10)

(Section scheduled to be repealed on January 1, 2024)

Sec. 40-10. Disciplinary sanctions.

(a) The Department may deny issuance, refuse to renew, or

restore or may reprimand, place on probation, suspend, revoke,

or take other disciplinary or non-disciplinary action against

any license, registration, permanent employee registration

card, canine handler authorization card, canine trainer

authorization card, or firearm control card, may impose a fine

not to exceed $10,000 for each violation, and may assess costs

as provided for under Section 45-60, for any of the following:

(1) Fraud, deception, or misrepresentation in

obtaining or renewing of a license or registration.

(2) Professional incompetence as manifested by poor

standards of service.

(3) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(4) Conviction of or plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any

other jurisdiction or the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction; action taken under this paragraph (4) for a

misdemeanor or an administrative sanction is limited to a

misdemeanor or administrative sanction that has as an

essential element of dishonesty or fraud or involves

larceny, embezzlement, or obtaining money, property, or

credit by false pretenses or by means of a confidence

game.

(5) Performing any services in a grossly negligent

manner or permitting any of a licensee's employees to

perform services in a grossly negligent manner, regardless

of whether actual damage to the public is established.

(6) Continued practice, although the person has become

unfit to practice due to any of the following:

(A) Physical illness, mental illness, or other

impairment, including, but not limited to,

deterioration through the aging process or loss of

motor skills that results in the inability to serve

the public with reasonable judgment, skill, or safety.

(B) (Blank).

(C) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or

any other substance that results in the inability to

practice with reasonable judgment, skill, or safety.

(7) Receiving, directly or indirectly, compensation

for any services not rendered.

(8) Willfully deceiving or defrauding the public on a

material matter.

(9) Failing to account for or remit any moneys or

documents coming into the licensee's possession that

belong to another person or entity.

(10) Discipline by another United States jurisdiction,

foreign nation, or governmental agency, if at least one of

the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(11) Giving differential treatment to a person that is

to that person's detriment because of race, color, creed,

sex, religion, or national origin.

(12) Engaging in false or misleading advertising.

(13) Aiding, assisting, or willingly permitting

another person to violate this Act or rules promulgated

under it.

(14) Performing and charging for services without

authorization to do so from the person or entity serviced.

(15) Directly or indirectly offering or accepting any

benefit to or from any employee, agent, or fiduciary

without the consent of the latter's employer or principal

with intent to or the understanding that this action will

influence his or her conduct in relation to his or her

employer's or principal's affairs.

(16) Violation of any disciplinary order imposed on a

licensee by the Department.

(17) Performing any act or practice that is a

violation of this Act or the rules for the administration

of this Act, or having a conviction or administrative

finding of guilty as a result of violating any federal or

State laws, rules, or regulations that apply exclusively

to the practices of private detectives, private alarm

contractors, private security contractors, fingerprint

vendors, or locksmiths.

(18) Conducting an agency without a valid license.

(19) Revealing confidential information, except as

required by law, including but not limited to information

available under Section 2-123 of the Illinois Vehicle

Code.

(20) Failing to make available to the Department, upon

request, any books, records, or forms required by this

Act.

(21) Failing, within 30 days, to respond to a written

request for information from the Department.

(22) Failing to provide employment information or

experience information required by the Department

regarding an applicant for licensure.

(23) Failing to make available to the Department at

the time of the request any indicia of licensure or

registration issued under this Act.

(24) Purporting to be a licensee-in-charge of an

agency without active participation in the agency.

(25) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(26) Violating subsection (f) of Section 30-30.

(27) A firearm control card holder having more

firearms in his or her immediate possession than he or she

can reasonably exercise control over.

(28) Failure to report in writing to the Department,

within 60 days of an entry of a settlement or a verdict in

excess of $10,000, any legal action in which the quality

of the licensee's or registrant's professional services

was the subject of the legal action.

(b) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine.

(c) The Department shall adopt rules that set forth

standards of service for the following: (i) acceptable error

rate in the transmission of fingerprint images and other data

to the Illinois Department of State Police; (ii) acceptable

error rate in the collection and documentation of information

used to generate fingerprint work orders; and (iii) any other

standard of service that affects fingerprinting services as

determined by the Department.

The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient.

(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)

Section 640. The Real Estate Appraiser Licensing Act of

2002 is amended by changing Section 5-22 as follows:

(225 ILCS 458/5-22)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-22. Criminal history records check.

(a) Each applicant for licensure by examination or

restoration shall have his or her fingerprints submitted to

the Illinois Department of State Police in an electronic

format that complies with the form and manner for requesting

and furnishing criminal history record information as

prescribed by the Illinois Department of State Police. These

fingerprints shall be checked against the Illinois Department

of State Police and Federal Bureau of Investigation criminal

history record databases now and hereafter filed. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require applicants to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department may adopt any rules necessary to

implement this Section.

(b) The Secretary may designate a multi-state licensing

system to perform the functions described in subsection (a).

The Department may require applicants to pay a separate

fingerprinting fee, either to the Department or to the

multi-state licensing system. The Department may adopt any

rules necessary to implement this subsection.

(Source: P.A. 100-604, eff. 7-13-18.)

Section 645. The Appraisal Management Company Registration

Act is amended by changing Section 68 as follows:

(225 ILCS 459/68)

Sec. 68. Criminal history records background check. Each

individual applicant or controlling person on behalf of a

business entity that applies for registration or restoration

shall have his or her fingerprints submitted to the Illinois

Department of State Police in an electronic format that

complies with the form and manner for requesting and

furnishing criminal history record information as prescribed

by the Illinois Department of State Police, or through a

multi-state licensing system as designated by the Secretary.

These fingerprints shall be checked against the Illinois

Department of State Police and Federal Bureau of Investigation

criminal history record databases now and hereafter filed. The

Illinois Department of State Police shall charge applicants a

fee for conducting the criminal history records background

check, which shall be deposited into the State Police Services

Fund and shall not exceed the actual cost of the criminal

history records background check. The Illinois Department of

State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department. The Department may require an applicant to pay a

separate fingerprinting fee, either to the Department or to a

vendor. The Department may adopt any rules necessary to

implement this Section.

(Source: P.A. 100-604, eff. 7-13-18.)

Section 650. The Solicitation for Charity Act is amended

by changing Section 16.5 as follows:

(225 ILCS 460/16.5)

Sec. 16.5. Terrorist acts.

(a) Any person or organization subject to registration

under this Act, who knowingly acts to further, directly or

indirectly, or knowingly uses charitable assets to conduct or

further, directly or indirectly, an act or actions as set

forth in Article 29D of the Criminal Code of 2012, is thereby

engaged in an act or actions contrary to public policy and

antithetical to charity, and all of the funds, assets, and

records of the person or organization shall be subject to

temporary and permanent injunction from use or expenditure and

the appointment of a temporary and permanent receiver to take

possession of all of the assets and related records.

(b) An ex parte action may be commenced by the Attorney

General, and, upon a showing of probable cause of a violation

of this Section or Article 29D of the Criminal Code of 2012, an

immediate seizure of books and records by the Attorney General

by and through his or her assistants or investigators or the

Illinois Department of State Police and freezing of all assets

shall be made by order of a court to protect the public,

protect the assets, and allow a full review of the records.

(c) Upon a finding by a court after a hearing that a person

or organization has acted or is in violation of this Section,

the person or organization shall be permanently enjoined from

soliciting funds from the public, holding charitable funds, or

acting as a trustee or fiduciary within Illinois. Upon a

finding of violation all assets and funds held by the person or

organization shall be forfeited to the People of the State of

Illinois or otherwise ordered by the court to be accounted for

and marshaled and then delivered to charitable causes and uses

within the State of Illinois by court order.

(d) A determination under this Section may be made by any

court separate and apart from any criminal proceedings and the

standard of proof shall be that for civil proceedings.

(e) Any knowing use of charitable assets to conduct or

further, directly or indirectly, an act or actions set forth

in Article 29D of the Criminal Code of 2012 shall be a misuse

of charitable assets and breach of fiduciary duty relative to

all other Sections of this Act.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 655. The Illinois Horse Racing Act of 1975 is

amended by changing Sections 9, 15, 28, 34, and 45 as follows:

(230 ILCS 5/9) (from Ch. 8, par. 37-9)

Sec. 9. The Board shall have all powers necessary and

proper to fully and effectively execute the provisions of this

Act, including, but not limited to, the following:

(a) The Board is vested with jurisdiction and supervision

over all race meetings in this State, over all licensees doing

business in this State, over all occupation licensees, and

over all persons on the facilities of any licensee. Such

jurisdiction shall include the power to issue licenses to the

Illinois Department of Agriculture authorizing the pari-mutuel

system of wagering on harness and Quarter Horse races held (1)

at the Illinois State Fair in Sangamon County, and (2) at the

DuQuoin State Fair in Perry County. The jurisdiction of the

Board shall also include the power to issue licenses to county

fairs which are eligible to receive funds pursuant to the

Agricultural Fair Act, as now or hereafter amended, or their

agents, authorizing the pari-mutuel system of wagering on

horse races conducted at the county fairs receiving such

licenses. Such licenses shall be governed by subsection (n) of

this Section.

Upon application, the Board shall issue a license to the

Illinois Department of Agriculture to conduct harness and

Quarter Horse races at the Illinois State Fair and at the

DuQuoin State Fairgrounds during the scheduled dates of each

fair. The Board shall not require and the Department of

Agriculture shall be exempt from the requirements of Sections

15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),

(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24

and 25. The Board and the Department of Agriculture may extend

any or all of these exemptions to any contractor or agent

engaged by the Department of Agriculture to conduct its race

meetings when the Board determines that this would best serve

the public interest and the interest of horse racing.

Notwithstanding any provision of law to the contrary, it

shall be lawful for any licensee to operate pari-mutuel

wagering or contract with the Department of Agriculture to

operate pari-mutuel wagering at the DuQuoin State Fairgrounds

or for the Department to enter into contracts with a licensee,

employ its owners, employees or agents and employ such other

occupation licensees as the Department deems necessary in

connection with race meetings and wagerings.

(b) The Board is vested with the full power to promulgate

reasonable rules and regulations for the purpose of

administering the provisions of this Act and to prescribe

reasonable rules, regulations and conditions under which all

horse race meetings or wagering in the State shall be

conducted. Such reasonable rules and regulations are to

provide for the prevention of practices detrimental to the

public interest and to promote the best interests of horse

racing and to impose penalties for violations thereof.

(c) The Board, and any person or persons to whom it

delegates this power, is vested with the power to enter the

facilities and other places of business of any licensee to

determine whether there has been compliance with the

provisions of this Act and its rules and regulations.

(d) The Board, and any person or persons to whom it

delegates this power, is vested with the authority to

investigate alleged violations of the provisions of this Act,

its reasonable rules and regulations, orders and final

decisions; the Board shall take appropriate disciplinary

action against any licensee or occupation licensee for

violation thereof or institute appropriate legal action for

the enforcement thereof.

(e) The Board, and any person or persons to whom it

delegates this power, may eject or exclude from any race

meeting or the facilities of any licensee, or any part

thereof, any occupation licensee or any other individual whose

conduct or reputation is such that his presence on those

facilities may, in the opinion of the Board, call into

question the honesty and integrity of horse racing or wagering

or interfere with the orderly conduct of horse racing or

wagering; provided, however, that no person shall be excluded

or ejected from the facilities of any licensee solely on the

grounds of race, color, creed, national origin, ancestry, or

sex. The power to eject or exclude an occupation licensee or

other individual may be exercised for just cause by the

licensee or the Board, subject to subsequent hearing by the

Board as to the propriety of said exclusion.

(f) The Board is vested with the power to acquire,

establish, maintain and operate (or provide by contract to

maintain and operate) testing laboratories and related

facilities, for the purpose of conducting saliva, blood, urine

and other tests on the horses run or to be run in any horse

race meeting, including races run at county fairs, and to

purchase all equipment and supplies deemed necessary or

desirable in connection with any such testing laboratories and

related facilities and all such tests.

(g) The Board may require that the records, including

financial or other statements of any licensee or any person

affiliated with the licensee who is involved directly or

indirectly in the activities of any licensee as regulated

under this Act to the extent that those financial or other

statements relate to such activities be kept in such manner as

prescribed by the Board, and that Board employees shall have

access to those records during reasonable business hours.

Within 120 days of the end of its fiscal year, each licensee

shall transmit to the Board an audit of the financial

transactions and condition of the licensee's total operations.

All audits shall be conducted by certified public accountants.

Each certified public accountant must be registered in the

State of Illinois under the Illinois Public Accounting Act.

The compensation for each certified public accountant shall be

paid directly by the licensee to the certified public

accountant. A licensee shall also submit any other financial

or related information the Board deems necessary to

effectively administer this Act and all rules, regulations,

and final decisions promulgated under this Act.

(h) The Board shall name and appoint in the manner

provided by the rules and regulations of the Board: an

Executive Director; a State director of mutuels; State

veterinarians and representatives to take saliva, blood, urine

and other tests on horses; licensing personnel; revenue

inspectors; and State seasonal employees (excluding admission

ticket sellers and mutuel clerks). All of those named and

appointed as provided in this subsection shall serve during

the pleasure of the Board; their compensation shall be

determined by the Board and be paid in the same manner as other

employees of the Board under this Act.

(i) The Board shall require that there shall be 3 stewards

at each horse race meeting, at least 2 of whom shall be named

and appointed by the Board. Stewards appointed or approved by

the Board, while performing duties required by this Act or by

the Board, shall be entitled to the same rights and immunities

as granted to Board members and Board employees in Section 10

of this Act.

(j) The Board may discharge any Board employee who fails

or refuses for any reason to comply with the rules and

regulations of the Board, or who, in the opinion of the Board,

is guilty of fraud, dishonesty or who is proven to be

incompetent. The Board shall have no right or power to

determine who shall be officers, directors or employees of any

licensee, or their salaries except the Board may, by rule,

require that all or any officials or employees in charge of or

whose duties relate to the actual running of races be approved

by the Board.

(k) The Board is vested with the power to appoint

delegates to execute any of the powers granted to it under this

Section for the purpose of administering this Act and any

rules or regulations promulgated in accordance with this Act.

(l) The Board is vested with the power to impose civil

penalties of up to $5,000 against an individual and up to

$10,000 against a licensee for each violation of any provision

of this Act, any rules adopted by the Board, any order of the

Board or any other action which, in the Board's discretion, is

a detriment or impediment to horse racing or wagering.

Beginning on the date when any organization licensee begins

conducting gaming pursuant to an organization gaming license

issued under the Illinois Gambling Act, the power granted to

the Board pursuant to this subsection (l) shall authorize the

Board to impose penalties of up to $10,000 against an

individual and up to $25,000 against a licensee. All such

civil penalties shall be deposited into the Horse Racing Fund.

(m) The Board is vested with the power to prescribe a form

to be used by licensees as an application for employment for

employees of each licensee.

(n) The Board shall have the power to issue a license to

any county fair, or its agent, authorizing the conduct of the

pari-mutuel system of wagering. The Board is vested with the

full power to promulgate reasonable rules, regulations and

conditions under which all horse race meetings licensed

pursuant to this subsection shall be held and conducted,

including rules, regulations and conditions for the conduct of

the pari-mutuel system of wagering. The rules, regulations and

conditions shall provide for the prevention of practices

detrimental to the public interest and for the best interests

of horse racing, and shall prescribe penalties for violations

thereof. Any authority granted the Board under this Act shall

extend to its jurisdiction and supervision over county fairs,

or their agents, licensed pursuant to this subsection.

However, the Board may waive any provision of this Act or its

rules or regulations which would otherwise apply to such

county fairs or their agents.

(o) Whenever the Board is authorized or required by law to

consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and

responsibilities, then, upon request and payment of fees in

conformance with the requirements of Section 2605-400 of the

Illinois Department of State Police Law (20 ILCS

2605/2605-400), the Illinois Department of State Police is

authorized to furnish, pursuant to positive identification,

such information contained in State files as is necessary to

fulfill the request.

(p) To insure the convenience, comfort, and wagering

accessibility of race track patrons, to provide for the

maximization of State revenue, and to generate increases in

purse allotments to the horsemen, the Board shall require any

licensee to staff the pari-mutuel department with adequate

personnel.

(Source: P.A. 101-31, eff. 6-28-19.)

(230 ILCS 5/15) (from Ch. 8, par. 37-15)

Sec. 15. (a) The Board shall, in its discretion, issue

occupation licenses to horse owners, trainers, harness

drivers, jockeys, agents, apprentices, grooms, stable foremen,

exercise persons, veterinarians, valets, blacksmiths,

concessionaires and others designated by the Board whose work,

in whole or in part, is conducted upon facilities within the

State. Such occupation licenses will be obtained prior to the

persons engaging in their vocation upon such facilities. The

Board shall not license pari-mutuel clerks, parking

attendants, security guards and employees of concessionaires.

No occupation license shall be required of any person who

works at facilities within this State as a pari-mutuel clerk,

parking attendant, security guard or as an employee of a

concessionaire. Concessionaires of the Illinois State Fair and

DuQuoin State Fair and employees of the Illinois Department of

Agriculture shall not be required to obtain an occupation

license by the Board.

(b) Each application for an occupation license shall be on

forms prescribed by the Board. Such license, when issued,

shall be for the period ending December 31 of each year, except

that the Board in its discretion may grant 3-year licenses.

The application shall be accompanied by a fee of not more than

$25 per year or, in the case of 3-year occupation license

applications, a fee of not more than $60. Each applicant shall

set forth in the application his full name and address, and if

he had been issued prior occupation licenses or has been

licensed in any other state under any other name, such name,

his age, whether or not a permit or license issued to him in

any other state has been suspended or revoked and if so whether

such suspension or revocation is in effect at the time of the

application, and such other information as the Board may

require. Fees for registration of stable names shall not

exceed $50.00. Beginning on the date when any organization

licensee begins conducting gaming pursuant to an organization

gaming license issued under the Illinois Gambling Act, the fee

for registration of stable names shall not exceed $150, and

the application fee for an occupation license shall not exceed

$75, per year or, in the case of a 3-year occupation license

application, the fee shall not exceed $180.

(c) The Board may in its discretion refuse an occupation

license to any person:

(1) who has been convicted of a crime;

(2) who is unqualified to perform the duties required

of such applicant;

(3) who fails to disclose or states falsely any

information called for in the application;

(4) who has been found guilty of a violation of this

Act or of the rules and regulations of the Board; or

(5) whose license or permit has been suspended,

revoked or denied for just cause in any other state.

(d) The Board may suspend or revoke any occupation

license:

(1) for violation of any of the provisions of this

Act; or

(2) for violation of any of the rules or regulations

of the Board; or

(3) for any cause which, if known to the Board, would

have justified the Board in refusing to issue such

occupation license; or

(4) for any other just cause.

(e) Each applicant shall submit his or her fingerprints

to the Illinois Department of State Police in the form and

manner prescribed by the Illinois Department of State Police.

These fingerprints shall be checked against the fingerprint

records now and hereafter filed in the Illinois Department of

State Police and Federal Bureau of Investigation criminal

history records databases. The Illinois Department of State

Police shall charge a fee for conducting the criminal history

records check, which shall be deposited in the State Police

Services Fund and shall not exceed the actual cost of the

records check. The Illinois Department of State Police shall

furnish, pursuant to positive identification, records of

conviction to the Board. Each applicant for licensure shall

submit with his occupation license application, on forms

provided by the Board, 2 sets of his fingerprints. All such

applicants shall appear in person at the location designated

by the Board for the purpose of submitting such sets of

fingerprints; however, with the prior approval of a State

steward, an applicant may have such sets of fingerprints taken

by an official law enforcement agency and submitted to the

Board.

(f) The Board may, in its discretion, issue an occupation

license without submission of fingerprints if an applicant has

been duly licensed in another recognized racing jurisdiction

after submitting fingerprints that were subjected to a Federal

Bureau of Investigation criminal history background check in

that jurisdiction.

(g) Beginning on the date when any organization licensee

begins conducting gaming pursuant to an organization gaming

license issued under the Illinois Gambling Act, the Board may

charge each applicant a reasonable nonrefundable fee to defray

the costs associated with the background investigation

conducted by the Board. This fee shall be exclusive of any

other fee or fees charged in connection with an application

for and, if applicable, the issuance of, an organization

gaming license. If the costs of the investigation exceed the

amount of the fee charged, the Board shall immediately notify

the applicant of the additional amount owed, payment of which

must be submitted to the Board within 7 days after such

notification. All information, records, interviews, reports,

statements, memoranda, or other data supplied to or used by

the Board in the course of its review or investigation of an

applicant for a license or renewal under this Act shall be

privileged, strictly confidential, and shall be used only for

the purpose of evaluating an applicant for a license or a

renewal. Such information, records, interviews, reports,

statements, memoranda, or other data shall not be admissible

as evidence, nor discoverable, in any action of any kind in any

court or before any tribunal, board, agency, or person, except

for any action deemed necessary by the Board.

(Source: P.A. 101-31, eff. 6-28-19.)

(230 ILCS 5/28) (from Ch. 8, par. 37-28)

Sec. 28. Except as provided in subsection (g) of Section

27 of this Act, moneys collected shall be distributed

according to the provisions of this Section 28.

(a) Thirty per cent of the total of all monies received by

the State as privilege taxes shall be paid into the

Metropolitan Exposition, Auditorium and Office Building Fund

in the State Treasury.

(b) In addition, 4.5% of the total of all monies received

by the State as privilege taxes shall be paid into the State

treasury into a special Fund to be known as the Metropolitan

Exposition, Auditorium and Office Building Fund.

(c) Fifty per cent of the total of all monies received by

the State as privilege taxes under the provisions of this Act

shall be paid into the Agricultural Premium Fund.

(d) Seven per cent of the total of all monies received by

the State as privilege taxes shall be paid into the Fair and

Exposition Fund in the State treasury; provided, however, that

when all bonds issued prior to July 1, 1984 by the Metropolitan

Fair and Exposition Authority shall have been paid or payment

shall have been provided for upon a refunding of those bonds,

thereafter 1/12 of $1,665,662 of such monies shall be paid

each month into the Build Illinois Fund, and the remainder

into the Fair and Exposition Fund. All excess monies shall be

allocated to the Department of Agriculture for distribution to

county fairs for premiums and rehabilitation as set forth in

the Agricultural Fair Act.

(e) The monies provided for in Section 30 shall be paid

into the Illinois Thoroughbred Breeders Fund.

(f) The monies provided for in Section 31 shall be paid

into the Illinois Standardbred Breeders Fund.

(g) Until January 1, 2000, that part representing 1/2 of

the total breakage in Thoroughbred, Harness, Appaloosa,

Arabian, and Quarter Horse racing in the State shall be paid

into the Illinois Race Track Improvement Fund as established

in Section 32.

(h) All other monies received by the Board under this Act

shall be paid into the Horse Racing Fund.

(i) The salaries of the Board members, secretary,

stewards, directors of mutuels, veterinarians,

representatives, accountants, clerks, stenographers,

inspectors and other employees of the Board, and all expenses

of the Board incident to the administration of this Act,

including, but not limited to, all expenses and salaries

incident to the taking of saliva and urine samples in

accordance with the rules and regulations of the Board shall

be paid out of the Agricultural Premium Fund.

(j) The Agricultural Premium Fund shall also be used:

(1) for the expenses of operating the Illinois State

Fair and the DuQuoin State Fair, including the payment of

prize money or premiums;

(2) for the distribution to county fairs, vocational

agriculture section fairs, agricultural societies, and

agricultural extension clubs in accordance with the

Agricultural Fair Act, as amended;

(3) for payment of prize monies and premiums awarded

and for expenses incurred in connection with the

International Livestock Exposition and the Mid-Continent

Livestock Exposition held in Illinois, which premiums, and

awards must be approved, and paid by the Illinois

Department of Agriculture;

(4) for personal service of county agricultural

advisors and county home advisors;

(5) for distribution to agricultural home economic

extension councils in accordance with "An Act in relation

to additional support and finance for the Agricultural and

Home Economic Extension Councils in the several counties

in this State and making an appropriation therefor",

approved July 24, 1967, as amended;

(6) for research on equine disease, including a

development center therefor;

(7) for training scholarships for study on equine

diseases to students at the University of Illinois College

of Veterinary Medicine;

(8) for the rehabilitation, repair and maintenance of

the Illinois and DuQuoin State Fair Grounds and the

structures and facilities thereon and the construction of

permanent improvements on such Fair Grounds, including

such structures, facilities and property located on such

State Fair Grounds which are under the custody and control

of the Department of Agriculture;

(9) (blank);

(10) for the expenses of the Department of Commerce

and Economic Opportunity under Sections 605-620, 605-625,

and 605-630 of the Department of Commerce and Economic

Opportunity Law (20 ILCS 605/605-620, 605/605-625, and

605/605-630);

(11) for remodeling, expanding, and reconstructing

facilities destroyed by fire of any Fair and Exposition

Authority in counties with a population of 1,000,000 or

more inhabitants;

(12) for the purpose of assisting in the care and

general rehabilitation of veterans with disabilities of

any war and their surviving spouses and orphans;

(13) for expenses of the Illinois Department of State

Police for duties performed under this Act;

(14) for the Department of Agriculture for soil

surveys and soil and water conservation purposes;

(15) for the Department of Agriculture for grants to

the City of Chicago for conducting the Chicagofest;

(16) for the State Comptroller for grants and

operating expenses authorized by the Illinois Global

Partnership Act.

(k) To the extent that monies paid by the Board to the

Agricultural Premium Fund are in the opinion of the Governor

in excess of the amount necessary for the purposes herein

stated, the Governor shall notify the Comptroller and the

State Treasurer of such fact, who, upon receipt of such

notification, shall transfer such excess monies from the

Agricultural Premium Fund to the General Revenue Fund.

(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)

(230 ILCS 5/34) (from Ch. 8, par. 37-34)

Sec. 34. (a) The Illinois Department of State Police shall

enforce the racing statutes of the State and provide

investigative services during all horse racing meetings

conducted in this State. Each licensee shall provide and

maintain his own security personnel.

(b) Each licensee shall submit a request for the

investigative services to the Illinois Department of State

Police. The Illinois Department of State Police shall

determine each licensee's pro rata share of the Department's

expenses for investigative services rendered to race tracks on

a fiscal year basis, and bill each licensee, except the

Illinois Department of Agriculture or their contractor, for

such expenses. Upon receipt of such billing, the licensee

shall pay the amount billed into the Agricultural Premium

Fund. It shall be the duty of the General Assembly in

subsequent years to review the operation of the Illinois

Department of State Police and make consistent increases or,

if the situation necessitates, decreases in the number of

personnel necessary in order to fully assure that the Illinois

Department of State Police is at such a strength as to

effectively carry out the purposes of this Act.

(Source: P.A. 89-16, eff. 5-30-95.)

(230 ILCS 5/45) (from Ch. 8, par. 37-45)

Sec. 45. It shall be the duty of the Attorney General and

the various State's attorneys in this State in cooperation

with the Illinois Department of State Police to enforce this

Act. The Governor may, upon request of the Illinois Department

of State Police, order the law enforcing officers of the

various cities and counties to assign a sufficient number of

deputies to aid members of the Illinois Department of State

Police in preventing horse racing at any track within the

respective jurisdiction of such cities or counties an

organization license for which has been refused, suspended or

revoked by the Board. The Governor may similarly assign such

deputies to aid the Illinois Department of State Police when,

by his determination, additional forces are needed to preserve

the health, welfare or safety of any person or animal within

the grounds of any race track in the State.

(Source: P.A. 84-25.)

Section 700. The Illinois Gambling Act is amended by

changing Sections 5, 6, 7.7, 9, 11, 13, and 22 as follows:

(230 ILCS 10/5) (from Ch. 120, par. 2405)

Sec. 5. Gaming Board.

(a) (1) There is hereby established the Illinois Gaming

Board, which shall have the powers and duties specified in

this Act, and all other powers necessary and proper to fully

and effectively execute this Act for the purpose of

administering, regulating, and enforcing the system of

riverboat and casino gambling established by this Act and

gaming pursuant to an organization gaming license issued under

this Act. Its jurisdiction shall extend under this Act to

every person, association, corporation, partnership and trust

involved in riverboat and casino gambling operations and

gaming pursuant to an organization gaming license issued under

this Act in the State of Illinois.

(2) The Board shall consist of 5 members to be appointed by

the Governor with the advice and consent of the Senate, one of

whom shall be designated by the Governor to be chairperson.

Each member shall have a reasonable knowledge of the practice,

procedure and principles of gambling operations. Each member

shall either be a resident of Illinois or shall certify that he

or she will become a resident of Illinois before taking

office.

On and after the effective date of this amendatory Act of

the 101st General Assembly, new appointees to the Board must

include the following:

(A) One member who has received, at a minimum, a

bachelor's degree from an accredited school and at least

10 years of verifiable experience in the fields of

investigation and law enforcement.

(B) One member who is a certified public accountant

with experience in auditing and with knowledge of complex

corporate structures and transactions.

(C) One member who has 5 years' experience as a

principal, senior officer, or director of a company or

business with either material responsibility for the daily

operations and management of the overall company or

business or material responsibility for the policy making

of the company or business.

(D) One member who is an attorney licensed to practice

law in Illinois for at least 5 years.

Notwithstanding any provision of this subsection (a), the

requirements of subparagraphs (A) through (D) of this

paragraph (2) shall not apply to any person reappointed

pursuant to paragraph (3).

No more than 3 members of the Board may be from the same

political party. No Board member shall, within a period of one

year immediately preceding nomination, have been employed or

received compensation or fees for services from a person or

entity, or its parent or affiliate, that has engaged in

business with the Board, a licensee, or a licensee under the

Illinois Horse Racing Act of 1975. Board members must publicly

disclose all prior affiliations with gaming interests,

including any compensation, fees, bonuses, salaries, and other

reimbursement received from a person or entity, or its parent

or affiliate, that has engaged in business with the Board, a

licensee, or a licensee under the Illinois Horse Racing Act of

1975. This disclosure must be made within 30 days after

nomination but prior to confirmation by the Senate and must be

made available to the members of the Senate.

(3) The terms of office of the Board members shall be 3

years, except that the terms of office of the initial Board

members appointed pursuant to this Act will commence from the

effective date of this Act and run as follows: one for a term

ending July 1, 1991, 2 for a term ending July 1, 1992, and 2

for a term ending July 1, 1993. Upon the expiration of the

foregoing terms, the successors of such members shall serve a

term for 3 years and until their successors are appointed and

qualified for like terms. Vacancies in the Board shall be

filled for the unexpired term in like manner as original

appointments. Each member of the Board shall be eligible for

reappointment at the discretion of the Governor with the

advice and consent of the Senate.

(4) Each member of the Board shall receive $300 for each

day the Board meets and for each day the member conducts any

hearing pursuant to this Act. Each member of the Board shall

also be reimbursed for all actual and necessary expenses and

disbursements incurred in the execution of official duties.

(5) No person shall be appointed a member of the Board or

continue to be a member of the Board who is, or whose spouse,

child or parent is, a member of the board of directors of, or a

person financially interested in, any gambling operation

subject to the jurisdiction of this Board, or any race track,

race meeting, racing association or the operations thereof

subject to the jurisdiction of the Illinois Racing Board. No

Board member shall hold any other public office. No person

shall be a member of the Board who is not of good moral

character or who has been convicted of, or is under indictment

for, a felony under the laws of Illinois or any other state, or

the United States.

(5.5) No member of the Board shall engage in any political

activity. For the purposes of this Section, "political" means

any activity in support of or in connection with any campaign

for federal, State, or local elective office or any political

organization, but does not include activities (i) relating to

the support or opposition of any executive, legislative, or

administrative action (as those terms are defined in Section 2

of the Lobbyist Registration Act), (ii) relating to collective

bargaining, or (iii) that are otherwise in furtherance of the

person's official State duties or governmental and public

service functions.

(6) Any member of the Board may be removed by the Governor

for neglect of duty, misfeasance, malfeasance, or nonfeasance

in office or for engaging in any political activity.

(7) Before entering upon the discharge of the duties of

his office, each member of the Board shall take an oath that he

will faithfully execute the duties of his office according to

the laws of the State and the rules and regulations adopted

therewith and shall give bond to the State of Illinois,

approved by the Governor, in the sum of $25,000. Every such

bond, when duly executed and approved, shall be recorded in

the office of the Secretary of State. Whenever the Governor

determines that the bond of any member of the Board has become

or is likely to become invalid or insufficient, he shall

require such member forthwith to renew his bond, which is to be

approved by the Governor. Any member of the Board who fails to

take oath and give bond within 30 days from the date of his

appointment, or who fails to renew his bond within 30 days

after it is demanded by the Governor, shall be guilty of

neglect of duty and may be removed by the Governor. The cost of

any bond given by any member of the Board under this Section

shall be taken to be a part of the necessary expenses of the

Board.

(7.5) For the examination of all mechanical,

electromechanical, or electronic table games, slot machines,

slot accounting systems, sports wagering systems, and other

electronic gaming equipment, and the field inspection of such

systems, games, and machines, for compliance with this Act,

the Board shall utilize the services of independent outside

testing laboratories that have been accredited in accordance

with ISO/IEC 17025 by an accreditation body that is a

signatory to the International Laboratory Accreditation

Cooperation Mutual Recognition Agreement signifying they are

qualified to perform such examinations. Notwithstanding any

law to the contrary, the Board shall consider the licensing of

independent outside testing laboratory applicants in

accordance with procedures established by the Board by rule.

The Board shall not withhold its approval of an independent

outside testing laboratory license applicant that has been

accredited as required under this paragraph (7.5) and is

licensed in gaming jurisdictions comparable to Illinois. Upon

the finalization of required rules, the Board shall license

independent testing laboratories and accept the test reports

of any licensed testing laboratory of the system's, game's, or

machine manufacturer's choice, notwithstanding the existence

of contracts between the Board and any independent testing

laboratory.

(8) The Board shall employ such personnel as may be

necessary to carry out its functions and shall determine the

salaries of all personnel, except those personnel whose

salaries are determined under the terms of a collective

bargaining agreement. No person shall be employed to serve the

Board who is, or whose spouse, parent or child is, an official

of, or has a financial interest in or financial relation with,

any operator engaged in gambling operations within this State

or any organization engaged in conducting horse racing within

this State. For the one year immediately preceding employment,

an employee shall not have been employed or received

compensation or fees for services from a person or entity, or

its parent or affiliate, that has engaged in business with the

Board, a licensee, or a licensee under the Illinois Horse

Racing Act of 1975. Any employee violating these prohibitions

shall be subject to termination of employment.

(9) An Administrator shall perform any and all duties that

the Board shall assign him. The salary of the Administrator

shall be determined by the Board and, in addition, he shall be

reimbursed for all actual and necessary expenses incurred by

him in discharge of his official duties. The Administrator

shall keep records of all proceedings of the Board and shall

preserve all records, books, documents and other papers

belonging to the Board or entrusted to its care. The

Administrator shall devote his full time to the duties of the

office and shall not hold any other office or employment.

(b) The Board shall have general responsibility for the

implementation of this Act. Its duties include, without

limitation, the following:

(1) To decide promptly and in reasonable order all

license applications. Any party aggrieved by an action of

the Board denying, suspending, revoking, restricting or

refusing to renew a license may request a hearing before

the Board. A request for a hearing must be made to the

Board in writing within 5 days after service of notice of

the action of the Board. Notice of the action of the Board

shall be served either by personal delivery or by

certified mail, postage prepaid, to the aggrieved party.

Notice served by certified mail shall be deemed complete

on the business day following the date of such mailing.

The Board shall conduct any such hearings promptly and in

reasonable order;

(2) To conduct all hearings pertaining to civil

violations of this Act or rules and regulations

promulgated hereunder;

(3) To promulgate such rules and regulations as in its

judgment may be necessary to protect or enhance the

credibility and integrity of gambling operations

authorized by this Act and the regulatory process

hereunder;

(4) To provide for the establishment and collection of

all license and registration fees and taxes imposed by

this Act and the rules and regulations issued pursuant

hereto. All such fees and taxes shall be deposited into

the State Gaming Fund;

(5) To provide for the levy and collection of

penalties and fines for the violation of provisions of

this Act and the rules and regulations promulgated

hereunder. All such fines and penalties shall be deposited

into the Education Assistance Fund, created by Public Act

86-0018, of the State of Illinois;

(6) To be present through its inspectors and agents

any time gambling operations are conducted on any

riverboat, in any casino, or at any organization gaming

facility for the purpose of certifying the revenue

thereof, receiving complaints from the public, and

conducting such other investigations into the conduct of

the gambling games and the maintenance of the equipment as

from time to time the Board may deem necessary and proper;

(7) To review and rule upon any complaint by a

licensee regarding any investigative procedures of the

State which are unnecessarily disruptive of gambling

operations. The need to inspect and investigate shall be

presumed at all times. The disruption of a licensee's

operations shall be proved by clear and convincing

evidence, and establish that: (A) the procedures had no

reasonable law enforcement purposes, and (B) the

procedures were so disruptive as to unreasonably inhibit

gambling operations;

(8) To hold at least one meeting each quarter of the

fiscal year. In addition, special meetings may be called

by the Chairman or any 2 Board members upon 72 hours

written notice to each member. All Board meetings shall be

subject to the Open Meetings Act. Three members of the

Board shall constitute a quorum, and 3 votes shall be

required for any final determination by the Board. The

Board shall keep a complete and accurate record of all its

meetings. A majority of the members of the Board shall

constitute a quorum for the transaction of any business,

for the performance of any duty, or for the exercise of any

power which this Act requires the Board members to

transact, perform or exercise en banc, except that, upon

order of the Board, one of the Board members or an

administrative law judge designated by the Board may

conduct any hearing provided for under this Act or by

Board rule and may recommend findings and decisions to the

Board. The Board member or administrative law judge

conducting such hearing shall have all powers and rights

granted to the Board in this Act. The record made at the

time of the hearing shall be reviewed by the Board, or a

majority thereof, and the findings and decision of the

majority of the Board shall constitute the order of the

Board in such case;

(9) To maintain records which are separate and

distinct from the records of any other State board or

commission. Such records shall be available for public

inspection and shall accurately reflect all Board

proceedings;

(10) To file a written annual report with the Governor

on or before July 1 each year and such additional reports

as the Governor may request. The annual report shall

include a statement of receipts and disbursements by the

Board, actions taken by the Board, and any additional

information and recommendations which the Board may deem

valuable or which the Governor may request;

(11) (Blank);

(12) (Blank);

(13) To assume responsibility for administration and

enforcement of the Video Gaming Act;

(13.1) To assume responsibility for the administration

and enforcement of operations at organization gaming

facilities pursuant to this Act and the Illinois Horse

Racing Act of 1975;

(13.2) To assume responsibility for the administration

and enforcement of the Sports Wagering Act; and

(14) To adopt, by rule, a code of conduct governing

Board members and employees that ensure, to the maximum

extent possible, that persons subject to this Code avoid

situations, relationships, or associations that may

represent or lead to a conflict of interest.

Internal controls and changes submitted by licensees must

be reviewed and either approved or denied with cause within 90

days after receipt of submission is deemed final by the

Illinois Gaming Board. In the event an internal control

submission or change does not meet the standards set by the

Board, staff of the Board must provide technical assistance to

the licensee to rectify such deficiencies within 90 days after

the initial submission and the revised submission must be

reviewed and approved or denied with cause within 90 days

after the date the revised submission is deemed final by the

Board. For the purposes of this paragraph, "with cause" means

that the approval of the submission would jeopardize the

integrity of gaming. In the event the Board staff has not acted

within the timeframe, the submission shall be deemed approved.

(c) The Board shall have jurisdiction over and shall

supervise all gambling operations governed by this Act. The

Board shall have all powers necessary and proper to fully and

effectively execute the provisions of this Act, including, but

not limited to, the following:

(1) To investigate applicants and determine the

eligibility of applicants for licenses and to select among

competing applicants the applicants which best serve the

interests of the citizens of Illinois.

(2) To have jurisdiction and supervision over all

riverboat gambling operations authorized under this Act

and all persons in places where gambling operations are

conducted.

(3) To promulgate rules and regulations for the

purpose of administering the provisions of this Act and to

prescribe rules, regulations and conditions under which

all gambling operations subject to this Act shall be

conducted. Such rules and regulations are to provide for

the prevention of practices detrimental to the public

interest and for the best interests of riverboat gambling,

including rules and regulations regarding the inspection

of organization gaming facilities, casinos, and

riverboats, and the review of any permits or licenses

necessary to operate a riverboat, casino, or organization

gaming facility under any laws or regulations applicable

to riverboats, casinos, or organization gaming facilities

and to impose penalties for violations thereof.

(4) To enter the office, riverboats, casinos,

organization gaming facilities, and other facilities, or

other places of business of a licensee, where evidence of

the compliance or noncompliance with the provisions of

this Act is likely to be found.

(5) To investigate alleged violations of this Act or

the rules of the Board and to take appropriate

disciplinary action against a licensee or a holder of an

occupational license for a violation, or institute

appropriate legal action for enforcement, or both.

(6) To adopt standards for the licensing of all

persons and entities under this Act, as well as for

electronic or mechanical gambling games, and to establish

fees for such licenses.

(7) To adopt appropriate standards for all

organization gaming facilities, riverboats, casinos, and

other facilities authorized under this Act.

(8) To require that the records, including financial

or other statements of any licensee under this Act, shall

be kept in such manner as prescribed by the Board and that

any such licensee involved in the ownership or management

of gambling operations submit to the Board an annual

balance sheet and profit and loss statement, list of the

stockholders or other persons having a 1% or greater

beneficial interest in the gambling activities of each

licensee, and any other information the Board deems

necessary in order to effectively administer this Act and

all rules, regulations, orders and final decisions

promulgated under this Act.

(9) To conduct hearings, issue subpoenas for the

attendance of witnesses and subpoenas duces tecum for the

production of books, records and other pertinent documents

in accordance with the Illinois Administrative Procedure

Act, and to administer oaths and affirmations to the

witnesses, when, in the judgment of the Board, it is

necessary to administer or enforce this Act or the Board

rules.

(10) To prescribe a form to be used by any licensee

involved in the ownership or management of gambling

operations as an application for employment for their

employees.

(11) To revoke or suspend licenses, as the Board may

see fit and in compliance with applicable laws of the

State regarding administrative procedures, and to review

applications for the renewal of licenses. The Board may

suspend an owners license or an organization gaming

license without notice or hearing upon a determination

that the safety or health of patrons or employees is

jeopardized by continuing a gambling operation conducted

under that license. The suspension may remain in effect

until the Board determines that the cause for suspension

has been abated. The Board may revoke an owners license or

organization gaming license upon a determination that the

licensee has not made satisfactory progress toward abating

the hazard.

(12) To eject or exclude or authorize the ejection or

exclusion of, any person from gambling facilities where

that person is in violation of this Act, rules and

regulations thereunder, or final orders of the Board, or

where such person's conduct or reputation is such that his

or her presence within the gambling facilities may, in the

opinion of the Board, call into question the honesty and

integrity of the gambling operations or interfere with the

orderly conduct thereof; provided that the propriety of

such ejection or exclusion is subject to subsequent

hearing by the Board.

(13) To require all licensees of gambling operations

to utilize a cashless wagering system whereby all players'

money is converted to tokens, electronic cards, or chips

which shall be used only for wagering in the gambling

establishment.

(14) (Blank).

(15) To suspend, revoke or restrict licenses, to

require the removal of a licensee or an employee of a

licensee for a violation of this Act or a Board rule or for

engaging in a fraudulent practice, and to impose civil

penalties of up to $5,000 against individuals and up to

$10,000 or an amount equal to the daily gross receipts,

whichever is larger, against licensees for each violation

of any provision of the Act, any rules adopted by the

Board, any order of the Board or any other action which, in

the Board's discretion, is a detriment or impediment to

gambling operations.

(16) To hire employees to gather information, conduct

investigations and carry out any other tasks contemplated

under this Act.

(17) To establish minimum levels of insurance to be

maintained by licensees.

(18) To authorize a licensee to sell or serve

alcoholic liquors, wine or beer as defined in the Liquor

Control Act of 1934 on board a riverboat or in a casino and

to have exclusive authority to establish the hours for

sale and consumption of alcoholic liquor on board a

riverboat or in a casino, notwithstanding any provision of

the Liquor Control Act of 1934 or any local ordinance, and

regardless of whether the riverboat makes excursions. The

establishment of the hours for sale and consumption of

alcoholic liquor on board a riverboat or in a casino is an

exclusive power and function of the State. A home rule

unit may not establish the hours for sale and consumption

of alcoholic liquor on board a riverboat or in a casino.

This subdivision (18) is a denial and limitation of home

rule powers and functions under subsection (h) of Section

6 of Article VII of the Illinois Constitution.

(19) After consultation with the U.S. Army Corps of

Engineers, to establish binding emergency orders upon the

concurrence of a majority of the members of the Board

regarding the navigability of water, relative to

excursions, in the event of extreme weather conditions,

acts of God or other extreme circumstances.

(20) To delegate the execution of any of its powers

under this Act for the purpose of administering and

enforcing this Act and the rules adopted by the Board.

(20.5) To approve any contract entered into on its

behalf.

(20.6) To appoint investigators to conduct

investigations, searches, seizures, arrests, and other

duties imposed under this Act, as deemed necessary by the

Board. These investigators have and may exercise all of

the rights and powers of peace officers, provided that

these powers shall be limited to offenses or violations

occurring or committed in a casino, in an organization

gaming facility, or on a riverboat or dock, as defined in

subsections (d) and (f) of Section 4, or as otherwise

provided by this Act or any other law.

(20.7) To contract with the Illinois Department of

State Police for the use of trained and qualified State

police officers and with the Department of Revenue for the

use of trained and qualified Department of Revenue

investigators to conduct investigations, searches,

seizures, arrests, and other duties imposed under this Act

and to exercise all of the rights and powers of peace

officers, provided that the powers of Department of

Revenue investigators under this subdivision (20.7) shall

be limited to offenses or violations occurring or

committed in a casino, in an organization gaming facility,

or on a riverboat or dock, as defined in subsections (d)

and (f) of Section 4, or as otherwise provided by this Act

or any other law. In the event the Illinois Department of

State Police or the Department of Revenue is unable to

fill contracted police or investigative positions, the

Board may appoint investigators to fill those positions

pursuant to subdivision (20.6).

(21) To adopt rules concerning the conduct of gaming

pursuant to an organization gaming license issued under

this Act.

(22) To have the same jurisdiction and supervision

over casinos and organization gaming facilities as the

Board has over riverboats, including, but not limited to,

the power to (i) investigate, review, and approve

contracts as that power is applied to riverboats, (ii)

adopt rules for administering the provisions of this Act,

(iii) adopt standards for the licensing of all persons

involved with a casino or organization gaming facility,

(iv) investigate alleged violations of this Act by any

person involved with a casino or organization gaming

facility, and (v) require that records, including

financial or other statements of any casino or

organization gaming facility, shall be kept in such manner

as prescribed by the Board.

(23) To take any other action as may be reasonable or

appropriate to enforce this Act and the rules adopted by

the Board.

(d) The Board may seek and shall receive the cooperation

of the Illinois Department of State Police in conducting

background investigations of applicants and in fulfilling its

responsibilities under this Section. Costs incurred by the

Illinois Department of State Police as a result of such

cooperation shall be paid by the Board in conformance with the

requirements of Section 2605-400 of the Illinois Department of

State Police Law.

(e) The Board must authorize to each investigator and to

any other employee of the Board exercising the powers of a

peace officer a distinct badge that, on its face, (i) clearly

states that the badge is authorized by the Board and (ii)

contains a unique identifying number. No other badge shall be

authorized by the Board.

(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)

(230 ILCS 10/6) (from Ch. 120, par. 2406)

Sec. 6. Application for owners license.

(a) A qualified person may apply to the Board for an owners

license to conduct a gambling operation as provided in this

Act. The application shall be made on forms provided by the

Board and shall contain such information as the Board

prescribes, including but not limited to the identity of the

riverboat on which such gambling operation is to be conducted,

if applicable, and the exact location where such riverboat or

casino will be located, a certification that the riverboat

will be registered under this Act at all times during which

gambling operations are conducted on board, detailed

information regarding the ownership and management of the

applicant, and detailed personal information regarding the

applicant. Any application for an owners license to be

re-issued on or after June 1, 2003 shall also include the

applicant's license bid in a form prescribed by the Board.

Information provided on the application shall be used as a

basis for a thorough background investigation which the Board

shall conduct with respect to each applicant. An incomplete

application shall be cause for denial of a license by the

Board.

(a-5) In addition to any other information required under

this Section, each application for an owners license must

include the following information:

(1) The history and success of the applicant and each

person and entity disclosed under subsection (c) of this

Section in developing tourism facilities ancillary to

gaming, if applicable.

(2) The likelihood that granting a license to the

applicant will lead to the creation of quality, living

wage jobs and permanent, full-time jobs for residents of

the State and residents of the unit of local government

that is designated as the home dock of the proposed

facility where gambling is to be conducted by the

applicant.

(3) The projected number of jobs that would be created

if the license is granted and the projected number of new

employees at the proposed facility where gambling is to be

conducted by the applicant.

(4) The record, if any, of the applicant and its

developer in meeting commitments to local agencies,

community-based organizations, and employees at other

locations where the applicant or its developer has

performed similar functions as they would perform if the

applicant were granted a license.

(5) Identification of adverse effects that might be

caused by the proposed facility where gambling is to be

conducted by the applicant, including the costs of meeting

increased demand for public health care, child care,

public transportation, affordable housing, and social

services, and a plan to mitigate those adverse effects.

(6) The record, if any, of the applicant and its

developer regarding compliance with:

(A) federal, state, and local discrimination, wage

and hour, disability, and occupational and

environmental health and safety laws; and

(B) state and local labor relations and employment

laws.

(7) The applicant's record, if any, in dealing with

its employees and their representatives at other

locations.

(8) A plan concerning the utilization of

minority-owned and women-owned businesses and concerning

the hiring of minorities and women.

(9) Evidence the applicant used its best efforts to

reach a goal of 25% ownership representation by minority

persons and 5% ownership representation by women.

(b) Applicants shall submit with their application all

documents, resolutions, and letters of support from the

governing body that represents the municipality or county

wherein the licensee will be located.

(c) Each applicant shall disclose the identity of every

person or entity having a greater than 1% direct or indirect

pecuniary interest in the gambling operation with respect to

which the license is sought. If the disclosed entity is a

trust, the application shall disclose the names and addresses

of all beneficiaries; if a corporation, the names and

addresses of all stockholders and directors; if a partnership,

the names and addresses of all partners, both general and

limited.

(d) An application shall be filed and considered in

accordance with the rules of the Board. Each application shall

be accompanied by a nonrefundable application fee of $250,000.

In addition, a nonrefundable fee of $50,000 shall be paid at

the time of filing to defray the costs associated with the

background investigation conducted by the Board. If the costs

of the investigation exceed $50,000, the applicant shall pay

the additional amount to the Board within 7 days after

requested by the Board. If the costs of the investigation are

less than $50,000, the applicant shall receive a refund of the

remaining amount. All information, records, interviews,

reports, statements, memoranda or other data supplied to or

used by the Board in the course of its review or investigation

of an application for a license or a renewal under this Act

shall be privileged, strictly confidential and shall be used

only for the purpose of evaluating an applicant for a license

or a renewal. Such information, records, interviews, reports,

statements, memoranda or other data shall not be admissible as

evidence, nor discoverable in any action of any kind in any

court or before any tribunal, board, agency or person, except

for any action deemed necessary by the Board. The application

fee shall be deposited into the State Gaming Fund.

(e) The Board shall charge each applicant a fee set by the

Illinois Department of State Police to defray the costs

associated with the search and classification of fingerprints

obtained by the Board with respect to the applicant's

application. These fees shall be paid into the State Police

Services Fund. In order to expedite the application process,

the Board may establish rules allowing applicants to acquire

criminal background checks and financial integrity reviews as

part of the initial application process from a list of vendors

approved by the Board.

(f) The licensed owner shall be the person primarily

responsible for the boat or casino itself. Only one gambling

operation may be authorized by the Board on any riverboat or in

any casino. The applicant must identify the riverboat or

premises it intends to use and certify that the riverboat or

premises: (1) has the authorized capacity required in this

Act; (2) is accessible to persons with disabilities; and (3)

is fully registered and licensed in accordance with any

applicable laws.

(g) A person who knowingly makes a false statement on an

application is guilty of a Class A misdemeanor.

(Source: P.A. 101-31, eff. 6-28-19.)

(230 ILCS 10/7.7)

Sec. 7.7. Organization gaming licenses.

(a) The Illinois Gaming Board shall award one organization

gaming license to each person or entity having operating

control of a racetrack that applies under Section 56 of the

Illinois Horse Racing Act of 1975, subject to the application

and eligibility requirements of this Section. Within 60 days

after the effective date of this amendatory Act of the 101st

General Assembly, a person or entity having operating control

of a racetrack may submit an application for an organization

gaming license. The application shall be made on such forms as

provided by the Board and shall contain such information as

the Board prescribes, including, but not limited to, the

identity of any racetrack at which gaming will be conducted

pursuant to an organization gaming license, detailed

information regarding the ownership and management of the

applicant, and detailed personal information regarding the

applicant. The application shall specify the number of gaming

positions the applicant intends to use and the place where the

organization gaming facility will operate. A person who

knowingly makes a false statement on an application is guilty

of a Class A misdemeanor.

Each applicant shall disclose the identity of every person

or entity having a direct or indirect pecuniary interest

greater than 1% in any racetrack with respect to which the

license is sought. If the disclosed entity is a corporation,

the applicant shall disclose the names and addresses of all

officers, stockholders, and directors. If the disclosed entity

is a limited liability company, the applicant shall disclose

the names and addresses of all members and managers. If the

disclosed entity is a partnership, the applicant shall

disclose the names and addresses of all partners, both general

and limited. If the disclosed entity is a trust, the applicant

shall disclose the names and addresses of all beneficiaries.

An application shall be filed and considered in accordance

with the rules of the Board. Each application for an

organization gaming license shall include a nonrefundable

application fee of $250,000. In addition, a nonrefundable fee

of $50,000 shall be paid at the time of filing to defray the

costs associated with background investigations conducted by

the Board. If the costs of the background investigation exceed

$50,000, the applicant shall pay the additional amount to the

Board within 7 days after a request by the Board. If the costs

of the investigation are less than $50,000, the applicant

shall receive a refund of the remaining amount. All

information, records, interviews, reports, statements,

memoranda, or other data supplied to or used by the Board in

the course of this review or investigation of an applicant for

an organization gaming license under this Act shall be

privileged and strictly confidential and shall be used only

for the purpose of evaluating an applicant for an organization

gaming license or a renewal. Such information, records,

interviews, reports, statements, memoranda, or other data

shall not be admissible as evidence nor discoverable in any

action of any kind in any court or before any tribunal, board,

agency or person, except for any action deemed necessary by

the Board. The application fee shall be deposited into the

State Gaming Fund.

Any applicant or key person, including the applicant's

owners, officers, directors (if a corporation), managers and

members (if a limited liability company), and partners (if a

partnership), for an organization gaming license shall have

his or her fingerprints submitted to the Illinois Department

of State Police in an electronic format that complies with the

form and manner for requesting and furnishing criminal history

record information as prescribed by the Illinois Department of

State Police. These fingerprints shall be checked against the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history record databases now and

hereafter filed, including, but not limited to, civil,

criminal, and latent fingerprint databases. The Illinois

Department of State Police shall charge applicants a fee for

conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish, pursuant to positive

identification, records of Illinois criminal history to the

Illinois State Police Department.

(b) The Board shall determine within 120 days after

receiving an application for an organization gaming license

whether to grant an organization gaming license to the

applicant. If the Board does not make a determination within

that time period, then the Board shall give a written

explanation to the applicant as to why it has not reached a

determination and when it reasonably expects to make a

determination.

The organization gaming licensee shall purchase up to the

amount of gaming positions authorized under this Act within

120 days after receiving its organization gaming license. If

an organization gaming licensee is prepared to purchase the

gaming positions, but is temporarily prohibited from doing so

by order of a court of competent jurisdiction or the Board,

then the 120-day period is tolled until a resolution is

reached.

An organization gaming license shall authorize its holder

to conduct gaming under this Act at its racetracks on the same

days of the year and hours of the day that owners licenses are

allowed to operate under approval of the Board.

An organization gaming license and any renewal of an

organization gaming license shall authorize gaming pursuant to

this Section for a period of 4 years. The fee for the issuance

or renewal of an organization gaming license shall be

$250,000.

All payments by licensees under this subsection (b) shall

be deposited into the Rebuild Illinois Projects Fund.

(c) To be eligible to conduct gaming under this Section, a

person or entity having operating control of a racetrack must

(i) obtain an organization gaming license, (ii) hold an

organization license under the Illinois Horse Racing Act of

1975, (iii) hold an inter-track wagering license, (iv) pay an

initial fee of $30,000 per gaming position from organization

gaming licensees where gaming is conducted in Cook County and,

except as provided in subsection (c-5), $17,500 for

organization gaming licensees where gaming is conducted

outside of Cook County before beginning to conduct gaming plus

make the reconciliation payment required under subsection (k),

(v) conduct live racing in accordance with subsections (e-1),

(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act

of 1975, (vi) meet the requirements of subsection (a) of

Section 56 of the Illinois Horse Racing Act of 1975, (vii) for

organization licensees conducting standardbred race meetings,

keep backstretch barns and dormitories open and operational

year-round unless a lesser schedule is mutually agreed to by

the organization licensee and the horsemen association racing

at that organization licensee's race meeting, (viii) for

organization licensees conducting thoroughbred race meetings,

the organization licensee must maintain accident medical

expense liability insurance coverage of $1,000,000 for

jockeys, and (ix) meet all other requirements of this Act that

apply to owners licensees.

An organization gaming licensee may enter into a joint

venture with a licensed owner to own, manage, conduct, or

otherwise operate the organization gaming licensee's

organization gaming facilities, unless the organization gaming

licensee has a parent company or other affiliated company that

is, directly or indirectly, wholly owned by a parent company

that is also licensed to conduct organization gaming, casino

gaming, or their equivalent in another state.

All payments by licensees under this subsection (c) shall

be deposited into the Rebuild Illinois Projects Fund.

(c-5) A person or entity having operating control of a

racetrack located in Madison County shall only pay the initial

fees specified in subsection (c) for 540 of the gaming

positions authorized under the license.

(d) A person or entity is ineligible to receive an

organization gaming license if:

(1) the person or entity has been convicted of a

felony under the laws of this State, any other state, or

the United States, including a conviction under the

Racketeer Influenced and Corrupt Organizations Act;

(2) the person or entity has been convicted of any

violation of Article 28 of the Criminal Code of 2012, or

substantially similar laws of any other jurisdiction;

(3) the person or entity has submitted an application

for a license under this Act that contains false

information;

(4) the person is a member of the Board;

(5) a person defined in (1), (2), (3), or (4) of this

subsection (d) is an officer, director, or managerial

employee of the entity;

(6) the person or entity employs a person defined in

(1), (2), (3), or (4) of this subsection (d) who

participates in the management or operation of gambling

operations authorized under this Act; or

(7) a license of the person or entity issued under

this Act or a license to own or operate gambling

facilities in any other jurisdiction has been revoked.

(e) The Board may approve gaming positions pursuant to an

organization gaming license statewide as provided in this

Section. The authority to operate gaming positions under this

Section shall be allocated as follows: up to 1,200 gaming

positions for any organization gaming licensee in Cook County

and up to 900 gaming positions for any organization gaming

licensee outside of Cook County.

(f) Each applicant for an organization gaming license

shall specify in its application for licensure the number of

gaming positions it will operate, up to the applicable

limitation set forth in subsection (e) of this Section. Any

unreserved gaming positions that are not specified shall be

forfeited and retained by the Board. For the purposes of this

subsection (f), an organization gaming licensee that did not

conduct live racing in 2010 and is located within 3 miles of

the Mississippi River may reserve up to 900 positions and

shall not be penalized under this Section for not operating

those positions until it meets the requirements of subsection

(e) of this Section, but such licensee shall not request

unreserved gaming positions under this subsection (f) until

its 900 positions are all operational.

Thereafter, the Board shall publish the number of

unreserved gaming positions and shall accept requests for

additional positions from any organization gaming licensee

that initially reserved all of the positions that were

offered. The Board shall allocate expeditiously the unreserved

gaming positions to requesting organization gaming licensees

in a manner that maximizes revenue to the State. The Board may

allocate any such unused gaming positions pursuant to an open

and competitive bidding process, as provided under Section 7.5

of this Act. This process shall continue until all unreserved

gaming positions have been purchased. All positions obtained

pursuant to this process and all positions the organization

gaming licensee specified it would operate in its application

must be in operation within 18 months after they were obtained

or the organization gaming licensee forfeits the right to

operate those positions, but is not entitled to a refund of any

fees paid. The Board may, after holding a public hearing,

grant extensions so long as the organization gaming licensee

is working in good faith to make the positions operational.

The extension may be for a period of 6 months. If, after the

period of the extension, the organization gaming licensee has

not made the positions operational, then another public

hearing must be held by the Board before it may grant another

extension.

Unreserved gaming positions retained from and allocated to

organization gaming licensees by the Board pursuant to this

subsection (f) shall not be allocated to owners licensees

under this Act.

For the purpose of this subsection (f), the unreserved

gaming positions for each organization gaming licensee shall

be the applicable limitation set forth in subsection (e) of

this Section, less the number of reserved gaming positions by

such organization gaming licensee, and the total unreserved

gaming positions shall be the aggregate of the unreserved

gaming positions for all organization gaming licensees.

(g) An organization gaming licensee is authorized to

conduct the following at a racetrack:

(1) slot machine gambling;

(2) video game of chance gambling;

(3) gambling with electronic gambling games as defined

in this Act or defined by the Illinois Gaming Board; and

(4) table games.

(h) Subject to the approval of the Illinois Gaming Board,

an organization gaming licensee may make modification or

additions to any existing buildings and structures to comply

with the requirements of this Act. The Illinois Gaming Board

shall make its decision after consulting with the Illinois

Racing Board. In no case, however, shall the Illinois Gaming

Board approve any modification or addition that alters the

grounds of the organization licensee such that the act of live

racing is an ancillary activity to gaming authorized under

this Section. Gaming authorized under this Section may take

place in existing structures where inter-track wagering is

conducted at the racetrack or a facility within 300 yards of

the racetrack in accordance with the provisions of this Act

and the Illinois Horse Racing Act of 1975.

(i) An organization gaming licensee may conduct gaming at

a temporary facility pending the construction of a permanent

facility or the remodeling or relocation of an existing

facility to accommodate gaming participants for up to 24

months after the temporary facility begins to conduct gaming

authorized under this Section. Upon request by an organization

gaming licensee and upon a showing of good cause by the

organization gaming licensee, the Board shall extend the

period during which the licensee may conduct gaming authorized

under this Section at a temporary facility by up to 12 months.

The Board shall make rules concerning the conduct of gaming

authorized under this Section from temporary facilities.

The gaming authorized under this Section may take place in

existing structures where inter-track wagering is conducted at

the racetrack or a facility within 300 yards of the racetrack

in accordance with the provisions of this Act and the Illinois

Horse Racing Act of 1975.

(i-5) Under no circumstances shall an organization gaming

licensee conduct gaming at any State or county fair.

(j) The Illinois Gaming Board must adopt emergency rules

in accordance with Section 5-45 of the Illinois Administrative

Procedure Act as necessary to ensure compliance with the

provisions of this amendatory Act of the 101st General

Assembly concerning the conduct of gaming by an organization

gaming licensee. The adoption of emergency rules authorized by

this subsection (j) shall be deemed to be necessary for the

public interest, safety, and welfare.

(k) Each organization gaming licensee who obtains gaming

positions must make a reconciliation payment 3 years after the

date the organization gaming licensee begins operating the

positions in an amount equal to 75% of the difference between

its adjusted gross receipts from gaming authorized under this

Section and amounts paid to its purse accounts pursuant to

item (1) of subsection (b) of Section 56 of the Illinois Horse

Racing Act of 1975 for the 12-month period for which such

difference was the largest, minus an amount equal to the

initial per position fee paid by the organization gaming

licensee. If this calculation results in a negative amount,

then the organization gaming licensee is not entitled to any

reimbursement of fees previously paid. This reconciliation

payment may be made in installments over a period of no more

than 6 years.

All payments by licensees under this subsection (k) shall

be deposited into the Rebuild Illinois Projects Fund.

(l) As soon as practical after a request is made by the

Illinois Gaming Board, to minimize duplicate submissions by

the applicant, the Illinois Racing Board must provide

information on an applicant for an organization gaming license

to the Illinois Gaming Board.

(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;

101-648, eff. 6-30-20.)

(230 ILCS 10/9) (from Ch. 120, par. 2409)

Sec. 9. Occupational licenses.

(a) The Board may issue an occupational license to an

applicant upon the payment of a non-refundable fee set by the

Board, upon a determination by the Board that the applicant is

eligible for an occupational license and upon payment of an

annual license fee in an amount to be established. To be

eligible for an occupational license, an applicant must:

(1) be at least 21 years of age if the applicant will

perform any function involved in gaming by patrons. Any

applicant seeking an occupational license for a non-gaming

function shall be at least 18 years of age;

(2) not have been convicted of a felony offense, a

violation of Article 28 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar statute of any other

jurisdiction;

(2.5) not have been convicted of a crime, other than a

crime described in item (2) of this subsection (a),

involving dishonesty or moral turpitude, except that the

Board may, in its discretion, issue an occupational

license to a person who has been convicted of a crime

described in this item (2.5) more than 10 years prior to

his or her application and has not subsequently been

convicted of any other crime;

(3) have demonstrated a level of skill or knowledge

which the Board determines to be necessary in order to

operate gambling aboard a riverboat, in a casino, or at an

organization gaming facility; and

(4) have met standards for the holding of an

occupational license as adopted by rules of the Board.

Such rules shall provide that any person or entity seeking

an occupational license to manage gambling operations

under this Act shall be subject to background inquiries

and further requirements similar to those required of

applicants for an owners license. Furthermore, such rules

shall provide that each such entity shall be permitted to

manage gambling operations for only one licensed owner.

(b) Each application for an occupational license shall be

on forms prescribed by the Board and shall contain all

information required by the Board. The applicant shall set

forth in the application: whether he has been issued prior

gambling related licenses; whether he has been licensed in any

other state under any other name, and, if so, such name and his

age; and whether or not a permit or license issued to him in

any other state has been suspended, restricted or revoked,

and, if so, for what period of time.

(c) Each applicant shall submit with his application, on

forms provided by the Board, 2 sets of his fingerprints. The

Board shall charge each applicant a fee set by the Illinois

Department of State Police to defray the costs associated with

the search and classification of fingerprints obtained by the

Board with respect to the applicant's application. These fees

shall be paid into the State Police Services Fund.

(d) The Board may in its discretion refuse an occupational

license to any person: (1) who is unqualified to perform the

duties required of such applicant; (2) who fails to disclose

or states falsely any information called for in the

application; (3) who has been found guilty of a violation of

this Act or whose prior gambling related license or

application therefor has been suspended, restricted, revoked

or denied for just cause in any other state; or (4) for any

other just cause.

(e) The Board may suspend, revoke or restrict any

occupational licensee: (1) for violation of any provision of

this Act; (2) for violation of any of the rules and regulations

of the Board; (3) for any cause which, if known to the Board,

would have disqualified the applicant from receiving such

license; or (4) for default in the payment of any obligation or

debt due to the State of Illinois; or (5) for any other just

cause.

(f) A person who knowingly makes a false statement on an

application is guilty of a Class A misdemeanor.

(g) Any license issued pursuant to this Section shall be

valid for a period of one year from the date of issuance.

(h) Nothing in this Act shall be interpreted to prohibit a

licensed owner or organization gaming licensee from entering

into an agreement with a public community college or a school

approved under the Private Business and Vocational Schools Act

of 2012 for the training of any occupational licensee. Any

training offered by such a school shall be in accordance with a

written agreement between the licensed owner or organization

gaming licensee and the school.

(i) Any training provided for occupational licensees may

be conducted either at the site of the gambling facility or at

a school with which a licensed owner or organization gaming

licensee has entered into an agreement pursuant to subsection

(h).

(Source: P.A. 101-31, eff. 6-28-19.)

(230 ILCS 10/11) (from Ch. 120, par. 2411)

Sec. 11. Conduct of gambling. Gambling may be conducted by

licensed owners or licensed managers on behalf of the State

aboard riverboats. Gambling may be conducted by organization

gaming licensees at organization gaming facilities. Gambling

authorized under this Section is subject to the following

standards:

(1) A licensee may conduct riverboat gambling

authorized under this Act regardless of whether it

conducts excursion cruises. A licensee may permit the

continuous ingress and egress of patrons on a riverboat

not used for excursion cruises for the purpose of

gambling. Excursion cruises shall not exceed 4 hours for a

round trip. However, the Board may grant express approval

for an extended cruise on a case-by-case basis.

(1.5) An owners licensee may conduct gambling

operations authorized under this Act 24 hours a day.

(2) (Blank).

(3) Minimum and maximum wagers on games shall be set

by the licensee.

(4) Agents of the Board and the Illinois Department of

State Police may board and inspect any riverboat, enter

and inspect any portion of a casino, or enter and inspect

any portion of an organization gaming facility at any time

for the purpose of determining whether this Act is being

complied with. Every riverboat, if under way and being

hailed by a law enforcement officer or agent of the Board,

must stop immediately and lay to.

(5) Employees of the Board shall have the right to be

present on the riverboat or in the casino or on adjacent

facilities under the control of the licensee and at the

organization gaming facility under the control of the

organization gaming licensee.

(6) Gambling equipment and supplies customarily used

in conducting gambling must be purchased or leased only

from suppliers licensed for such purpose under this Act.

The Board may approve the transfer, sale, or lease of

gambling equipment and supplies by a licensed owner from

or to an affiliate of the licensed owner as long as the

gambling equipment and supplies were initially acquired

from a supplier licensed in Illinois.

(7) Persons licensed under this Act shall permit no

form of wagering on gambling games except as permitted by

this Act.

(8) Wagers may be received only from a person present

on a licensed riverboat, in a casino, or at an

organization gaming facility. No person present on a

licensed riverboat, in a casino, or at an organization

gaming facility shall place or attempt to place a wager on

behalf of another person who is not present on the

riverboat, in a casino, or at the organization gaming

facility.

(9) Wagering, including gaming authorized under

Section 7.7, shall not be conducted with money or other

negotiable currency.

(10) A person under age 21 shall not be permitted on an

area of a riverboat or casino where gambling is being

conducted or at an organization gaming facility where

gambling is being conducted, except for a person at least

18 years of age who is an employee of the riverboat or

casino gambling operation or gaming operation. No employee

under age 21 shall perform any function involved in

gambling by the patrons. No person under age 21 shall be

permitted to make a wager under this Act, and any winnings

that are a result of a wager by a person under age 21,

whether or not paid by a licensee, shall be treated as

winnings for the privilege tax purposes, confiscated, and

forfeited to the State and deposited into the Education

Assistance Fund.

(11) Gambling excursion cruises are permitted only

when the waterway for which the riverboat is licensed is

navigable, as determined by the Board in consultation with

the U.S. Army Corps of Engineers. This paragraph (11) does

not limit the ability of a licensee to conduct gambling

authorized under this Act when gambling excursion cruises

are not permitted.

(12) All tickets, chips, or electronic cards used to

make wagers must be purchased (i) from a licensed owner or

manager, in the case of a riverboat, either aboard a

riverboat or at an onshore facility which has been

approved by the Board and which is located where the

riverboat docks, (ii) in the case of a casino, from a

licensed owner at the casino, or (iii) from an

organization gaming licensee at the organization gaming

facility. The tickets, chips, or electronic cards may be

purchased by means of an agreement under which the owner

or manager extends credit to the patron. Such tickets,

chips, or electronic cards may be used while aboard the

riverboat, in the casino, or at the organization gaming

facility only for the purpose of making wagers on gambling

games.

(13) Notwithstanding any other Section of this Act, in

addition to the other licenses authorized under this Act,

the Board may issue special event licenses allowing

persons who are not otherwise licensed to conduct

riverboat gambling to conduct such gambling on a specified

date or series of dates. Riverboat gambling under such a

license may take place on a riverboat not normally used

for riverboat gambling. The Board shall establish

standards, fees and fines for, and limitations upon, such

licenses, which may differ from the standards, fees, fines

and limitations otherwise applicable under this Act. All

such fees shall be deposited into the State Gaming Fund.

All such fines shall be deposited into the Education

Assistance Fund, created by Public Act 86-0018, of the

State of Illinois.

(14) In addition to the above, gambling must be

conducted in accordance with all rules adopted by the

Board.

(Source: P.A. 101-31, eff. 6-28-19.)

(230 ILCS 10/13) (from Ch. 120, par. 2413)

Sec. 13. Wagering tax; rate; distribution.

(a) Until January 1, 1998, a tax is imposed on the adjusted

gross receipts received from gambling games authorized under

this Act at the rate of 20%.

(a-1) From January 1, 1998 until July 1, 2002, a privilege

tax is imposed on persons engaged in the business of

conducting riverboat gambling operations, based on the

adjusted gross receipts received by a licensed owner from

gambling games authorized under this Act at the following

rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

20% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000;

25% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000;

30% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000;

35% of annual adjusted gross receipts in excess of

$100,000,000.

(a-2) From July 1, 2002 until July 1, 2003, a privilege tax

is imposed on persons engaged in the business of conducting

riverboat gambling operations, other than licensed managers

conducting riverboat gambling operations on behalf of the

State, based on the adjusted gross receipts received by a

licensed owner from gambling games authorized under this Act

at the following rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

22.5% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000;

27.5% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000;

32.5% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000;

37.5% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $150,000,000;

45% of annual adjusted gross receipts in excess of

$150,000,000 but not exceeding $200,000,000;

50% of annual adjusted gross receipts in excess of

$200,000,000.

(a-3) Beginning July 1, 2003, a privilege tax is imposed

on persons engaged in the business of conducting riverboat

gambling operations, other than licensed managers conducting

riverboat gambling operations on behalf of the State, based on

the adjusted gross receipts received by a licensed owner from

gambling games authorized under this Act at the following

rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

27.5% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $37,500,000;

32.5% of annual adjusted gross receipts in excess of

$37,500,000 but not exceeding $50,000,000;

37.5% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000;

45% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000;

50% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $250,000,000;

70% of annual adjusted gross receipts in excess of

$250,000,000.

An amount equal to the amount of wagering taxes collected

under this subsection (a-3) that are in addition to the amount

of wagering taxes that would have been collected if the

wagering tax rates under subsection (a-2) were in effect shall

be paid into the Common School Fund.

The privilege tax imposed under this subsection (a-3)

shall no longer be imposed beginning on the earlier of (i) July

1, 2005; (ii) the first date after June 20, 2003 that riverboat

gambling operations are conducted pursuant to a dormant

license; or (iii) the first day that riverboat gambling

operations are conducted under the authority of an owners

license that is in addition to the 10 owners licenses

initially authorized under this Act. For the purposes of this

subsection (a-3), the term "dormant license" means an owners

license that is authorized by this Act under which no

riverboat gambling operations are being conducted on June 20,

2003.

(a-4) Beginning on the first day on which the tax imposed

under subsection (a-3) is no longer imposed and ending upon

the imposition of the privilege tax under subsection (a-5) of

this Section, a privilege tax is imposed on persons engaged in

the business of conducting gambling operations, other than

licensed managers conducting riverboat gambling operations on

behalf of the State, based on the adjusted gross receipts

received by a licensed owner from gambling games authorized

under this Act at the following rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

22.5% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000;

27.5% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000;

32.5% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000;

37.5% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $150,000,000;

45% of annual adjusted gross receipts in excess of

$150,000,000 but not exceeding $200,000,000;

50% of annual adjusted gross receipts in excess of

$200,000,000.

For the imposition of the privilege tax in this subsection

(a-4), amounts paid pursuant to item (1) of subsection (b) of

Section 56 of the Illinois Horse Racing Act of 1975 shall not

be included in the determination of adjusted gross receipts.

(a-5)(1) Beginning on July 1, 2020, a privilege tax is

imposed on persons engaged in the business of conducting

gambling operations, other than the owners licensee under

paragraph (1) of subsection (e-5) of Section 7 and licensed

managers conducting riverboat gambling operations on behalf of

the State, based on the adjusted gross receipts received by

such licensee from the gambling games authorized under this

Act. The privilege tax for all gambling games other than table

games, including, but not limited to, slot machines, video

game of chance gambling, and electronic gambling games shall

be at the following rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

22.5% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000;

27.5% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000;

32.5% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000;

37.5% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $150,000,000;

45% of annual adjusted gross receipts in excess of

$150,000,000 but not exceeding $200,000,000;

50% of annual adjusted gross receipts in excess of

$200,000,000.

The privilege tax for table games shall be at the

following rates:

15% of annual adjusted gross receipts up to and

including $25,000,000;

20% of annual adjusted gross receipts in excess of

$25,000,000.

For the imposition of the privilege tax in this subsection

(a-5), amounts paid pursuant to item (1) of subsection (b) of

Section 56 of the Illinois Horse Racing Act of 1975 shall not

be included in the determination of adjusted gross receipts.

(2) Beginning on the first day that an owners licensee

under paragraph (1) of subsection (e-5) of Section 7 conducts

gambling operations, either in a temporary facility or a

permanent facility, a privilege tax is imposed on persons

engaged in the business of conducting gambling operations

under paragraph (1) of subsection (e-5) of Section 7, other

than licensed managers conducting riverboat gambling

operations on behalf of the State, based on the adjusted gross

receipts received by such licensee from the gambling games

authorized under this Act. The privilege tax for all gambling

games other than table games, including, but not limited to,

slot machines, video game of chance gambling, and electronic

gambling games shall be at the following rates:

12% of annual adjusted gross receipts up to and

including $25,000,000 to the State and 10.5% of annual

adjusted gross receipts up to and including $25,000,000 to

the City of Chicago;

16% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000 to the State and

14% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $50,000,000 to the City of

Chicago;

20.1% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000 to the State and

17.4% of annual adjusted gross receipts in excess of

$50,000,000 but not exceeding $75,000,000 to the City of

Chicago;

21.4% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000 to the State

and 18.6% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $100,000,000 to the City of

Chicago;

22.7% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $150,000,000 to the State

and 19.8% of annual adjusted gross receipts in excess of

$100,000,000 but not exceeding $150,000,000 to the City of

Chicago;

24.1% of annual adjusted gross receipts in excess of

$150,000,000 but not exceeding $225,000,000 to the State

and 20.9% of annual adjusted gross receipts in excess of

$150,000,000 but not exceeding $225,000,000 to the City of

Chicago;

26.8% of annual adjusted gross receipts in excess of

$225,000,000 but not exceeding $1,000,000,000 to the State

and 23.2% of annual adjusted gross receipts in excess of

$225,000,000 but not exceeding $1,000,000,000 to the City

of Chicago;

40% of annual adjusted gross receipts in excess of

$1,000,000,000 to the State and 34.7% of annual gross

receipts in excess of $1,000,000,000 to the City of

Chicago.

The privilege tax for table games shall be at the

following rates:

8.1% of annual adjusted gross receipts up to and

including $25,000,000 to the State and 6.9% of annual

adjusted gross receipts up to and including $25,000,000 to

the City of Chicago;

10.7% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $75,000,000 to the State and

9.3% of annual adjusted gross receipts in excess of

$25,000,000 but not exceeding $75,000,000 to the City of

Chicago;

11.2% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $175,000,000 to the State

and 9.8% of annual adjusted gross receipts in excess of

$75,000,000 but not exceeding $175,000,000 to the City of

Chicago;

13.5% of annual adjusted gross receipts in excess of

$175,000,000 but not exceeding $225,000,000 to the State

and 11.5% of annual adjusted gross receipts in excess of

$175,000,000 but not exceeding $225,000,000 to the City of

Chicago;

15.1% of annual adjusted gross receipts in excess of

$225,000,000 but not exceeding $275,000,000 to the State

and 12.9% of annual adjusted gross receipts in excess of

$225,000,000 but not exceeding $275,000,000 to the City of

Chicago;

16.2% of annual adjusted gross receipts in excess of

$275,000,000 but not exceeding $375,000,000 to the State

and 13.8% of annual adjusted gross receipts in excess of

$275,000,000 but not exceeding $375,000,000 to the City of

Chicago;

18.9% of annual adjusted gross receipts in excess of

$375,000,000 to the State and 16.1% of annual gross

receipts in excess of $375,000,000 to the City of Chicago.

For the imposition of the privilege tax in this subsection

(a-5), amounts paid pursuant to item (1) of subsection (b) of

Section 56 of the Illinois Horse Racing Act of 1975 shall not

be included in the determination of adjusted gross receipts.

Notwithstanding the provisions of this subsection (a-5),

for the first 10 years that the privilege tax is imposed under

this subsection (a-5), the privilege tax shall be imposed on

the modified annual adjusted gross receipts of a riverboat or

casino conducting gambling operations in the City of East St.

Louis, unless:

(1) the riverboat or casino fails to employ at least

450 people;

(2) the riverboat or casino fails to maintain

operations in a manner consistent with this Act or is not a

viable riverboat or casino subject to the approval of the

Board; or

(3) the owners licensee is not an entity in which

employees participate in an employee stock ownership plan.

As used in this subsection (a-5), "modified annual

adjusted gross receipts" means:

(A) for calendar year 2020, the annual adjusted gross

receipts for the current year minus the difference between

an amount equal to the average annual adjusted gross

receipts from a riverboat or casino conducting gambling

operations in the City of East St. Louis for 2014, 2015,

2016, 2017, and 2018 and the annual adjusted gross

receipts for 2018;

(B) for calendar year 2021, the annual adjusted gross

receipts for the current year minus the difference between

an amount equal to the average annual adjusted gross

receipts from a riverboat or casino conducting gambling

operations in the City of East St. Louis for 2014, 2015,

2016, 2017, and 2018 and the annual adjusted gross

receipts for 2019; and

(C) for calendar years 2022 through 2029, the annual

adjusted gross receipts for the current year minus the

difference between an amount equal to the average annual

adjusted gross receipts from a riverboat or casino

conducting gambling operations in the City of East St.

Louis for 3 years preceding the current year and the

annual adjusted gross receipts for the immediately

preceding year.

(a-6) From June 28, 2019 (the effective date of Public Act

101-31) until June 30, 2023, an owners licensee that conducted

gambling operations prior to January 1, 2011 shall receive a

dollar-for-dollar credit against the tax imposed under this

Section for any renovation or construction costs paid by the

owners licensee, but in no event shall the credit exceed

$2,000,000.

Additionally, from June 28, 2019 (the effective date of

Public Act 101-31) until December 31, 2022, an owners licensee

that (i) is located within 15 miles of the Missouri border, and

(ii) has at least 3 riverboats, casinos, or their equivalent

within a 45-mile radius, may be authorized to relocate to a new

location with the approval of both the unit of local

government designated as the home dock and the Board, so long

as the new location is within the same unit of local government

and no more than 3 miles away from its original location. Such

owners licensee shall receive a credit against the tax imposed

under this Section equal to 8% of the total project costs, as

approved by the Board, for any renovation or construction

costs paid by the owners licensee for the construction of the

new facility, provided that the new facility is operational by

July 1, 2022. In determining whether or not to approve a

relocation, the Board must consider the extent to which the

relocation will diminish the gaming revenues received by other

Illinois gaming facilities.

(a-7) Beginning in the initial adjustment year and through

the final adjustment year, if the total obligation imposed

pursuant to either subsection (a-5) or (a-6) will result in an

owners licensee receiving less after-tax adjusted gross

receipts than it received in calendar year 2018, then the

total amount of privilege taxes that the owners licensee is

required to pay for that calendar year shall be reduced to the

extent necessary so that the after-tax adjusted gross receipts

in that calendar year equals the after-tax adjusted gross

receipts in calendar year 2018, but the privilege tax

reduction shall not exceed the annual adjustment cap. If

pursuant to this subsection (a-7), the total obligation

imposed pursuant to either subsection (a-5) or (a-6) shall be

reduced, then the owners licensee shall not receive a refund

from the State at the end of the subject calendar year but

instead shall be able to apply that amount as a credit against

any payments it owes to the State in the following calendar

year to satisfy its total obligation under either subsection

(a-5) or (a-6). The credit for the final adjustment year shall

occur in the calendar year following the final adjustment

year.

If an owners licensee that conducted gambling operations

prior to January 1, 2019 expands its riverboat or casino,

including, but not limited to, with respect to its gaming

floor, additional non-gaming amenities such as restaurants,

bars, and hotels and other additional facilities, and incurs

construction and other costs related to such expansion from

June 28, 2019 (the effective date of Public Act 101-31) until

June 28, 2024 (the 5th anniversary of the effective date of

Public Act 101-31), then for each $15,000,000 spent for any

such construction or other costs related to expansion paid by

the owners licensee, the final adjustment year shall be

extended by one year and the annual adjustment cap shall

increase by 0.2% of adjusted gross receipts during each

calendar year until and including the final adjustment year.

No further modifications to the final adjustment year or

annual adjustment cap shall be made after $75,000,000 is

incurred in construction or other costs related to expansion

so that the final adjustment year shall not extend beyond the

9th calendar year after the initial adjustment year, not

including the initial adjustment year, and the annual

adjustment cap shall not exceed 4% of adjusted gross receipts

in a particular calendar year. Construction and other costs

related to expansion shall include all project related costs,

including, but not limited to, all hard and soft costs,

financing costs, on or off-site ground, road or utility work,

cost of gaming equipment and all other personal property,

initial fees assessed for each incremental gaming position,

and the cost of incremental land acquired for such expansion.

Soft costs shall include, but not be limited to, legal fees,

architect, engineering and design costs, other consultant

costs, insurance cost, permitting costs, and pre-opening costs

related to the expansion, including, but not limited to, any

of the following: marketing, real estate taxes, personnel,

training, travel and out-of-pocket expenses, supply,

inventory, and other costs, and any other project related soft

costs.

To be eligible for the tax credits in subsection (a-6),

all construction contracts shall include a requirement that

the contractor enter into a project labor agreement with the

building and construction trades council with geographic

jurisdiction of the location of the proposed gaming facility.

Notwithstanding any other provision of this subsection

(a-7), this subsection (a-7) does not apply to an owners

licensee unless such owners licensee spends at least

$15,000,000 on construction and other costs related to its

expansion, excluding the initial fees assessed for each

incremental gaming position.

This subsection (a-7) does not apply to owners licensees

authorized pursuant to subsection (e-5) of Section 7 of this

Act.

For purposes of this subsection (a-7):

"Building and construction trades council" means any

organization representing multiple construction entities that

are monitoring or attentive to compliance with public or

workers' safety laws, wage and hour requirements, or other

statutory requirements or that are making or maintaining

collective bargaining agreements.

"Initial adjustment year" means the year commencing on

January 1 of the calendar year immediately following the

earlier of the following:

(1) the commencement of gambling operations, either in

a temporary or permanent facility, with respect to the

owners license authorized under paragraph (1) of

subsection (e-5) of Section 7 of this Act; or

(2) June 28, 2021 (24 months after the effective date

of Public Act 101-31);

provided the initial adjustment year shall not commence

earlier than June 28, 2020 (12 months after the effective date

of Public Act 101-31).

"Final adjustment year" means the 2nd calendar year after

the initial adjustment year, not including the initial

adjustment year, and as may be extended further as described

in this subsection (a-7).

"Annual adjustment cap" means 3% of adjusted gross

receipts in a particular calendar year, and as may be

increased further as otherwise described in this subsection

(a-7).

(a-8) Riverboat gambling operations conducted by a

licensed manager on behalf of the State are not subject to the

tax imposed under this Section.

(a-9) Beginning on January 1, 2020, the calculation of

gross receipts or adjusted gross receipts, for the purposes of

this Section, for a riverboat, a casino, or an organization

gaming facility shall not include the dollar amount of

non-cashable vouchers, coupons, and electronic promotions

redeemed by wagerers upon the riverboat, in the casino, or in

the organization gaming facility up to and including an amount

not to exceed 20% of a riverboat's, a casino's, or an

organization gaming facility's adjusted gross receipts.

The Illinois Gaming Board shall submit to the General

Assembly a comprehensive report no later than March 31, 2023

detailing, at a minimum, the effect of removing non-cashable

vouchers, coupons, and electronic promotions from this

calculation on net gaming revenues to the State in calendar

years 2020 through 2022, the increase or reduction in wagerers

as a result of removing non-cashable vouchers, coupons, and

electronic promotions from this calculation, the effect of the

tax rates in subsection (a-5) on net gaming revenues to this

State, and proposed modifications to the calculation.

(a-10) The taxes imposed by this Section shall be paid by

the licensed owner or the organization gaming licensee to the

Board not later than 5:00 o'clock p.m. of the day after the day

when the wagers were made.

(a-15) If the privilege tax imposed under subsection (a-3)

is no longer imposed pursuant to item (i) of the last paragraph

of subsection (a-3), then by June 15 of each year, each owners

licensee, other than an owners licensee that admitted

1,000,000 persons or fewer in calendar year 2004, must, in

addition to the payment of all amounts otherwise due under

this Section, pay to the Board a reconciliation payment in the

amount, if any, by which the licensed owner's base amount

exceeds the amount of net privilege tax paid by the licensed

owner to the Board in the then current State fiscal year. A

licensed owner's net privilege tax obligation due for the

balance of the State fiscal year shall be reduced up to the

total of the amount paid by the licensed owner in its June 15

reconciliation payment. The obligation imposed by this

subsection (a-15) is binding on any person, firm, corporation,

or other entity that acquires an ownership interest in any

such owners license. The obligation imposed under this

subsection (a-15) terminates on the earliest of: (i) July 1,

2007, (ii) the first day after the effective date of this

amendatory Act of the 94th General Assembly that riverboat

gambling operations are conducted pursuant to a dormant

license, (iii) the first day that riverboat gambling

operations are conducted under the authority of an owners

license that is in addition to the 10 owners licenses

initially authorized under this Act, or (iv) the first day

that a licensee under the Illinois Horse Racing Act of 1975

conducts gaming operations with slot machines or other

electronic gaming devices. The Board must reduce the

obligation imposed under this subsection (a-15) by an amount

the Board deems reasonable for any of the following reasons:

(A) an act or acts of God, (B) an act of bioterrorism or

terrorism or a bioterrorism or terrorism threat that was

investigated by a law enforcement agency, or (C) a condition

beyond the control of the owners licensee that does not result

from any act or omission by the owners licensee or any of its

agents and that poses a hazardous threat to the health and

safety of patrons. If an owners licensee pays an amount in

excess of its liability under this Section, the Board shall

apply the overpayment to future payments required under this

Section.

For purposes of this subsection (a-15):

"Act of God" means an incident caused by the operation of

an extraordinary force that cannot be foreseen, that cannot be

avoided by the exercise of due care, and for which no person

can be held liable.

"Base amount" means the following:

For a riverboat in Alton, $31,000,000.

For a riverboat in East Peoria, $43,000,000.

For the Empress riverboat in Joliet, $86,000,000.

For a riverboat in Metropolis, $45,000,000.

For the Harrah's riverboat in Joliet, $114,000,000.

For a riverboat in Aurora, $86,000,000.

For a riverboat in East St. Louis, $48,500,000.

For a riverboat in Elgin, $198,000,000.

"Dormant license" has the meaning ascribed to it in

subsection (a-3).

"Net privilege tax" means all privilege taxes paid by a

licensed owner to the Board under this Section, less all

payments made from the State Gaming Fund pursuant to

subsection (b) of this Section.

The changes made to this subsection (a-15) by Public Act

94-839 are intended to restate and clarify the intent of

Public Act 94-673 with respect to the amount of the payments

required to be made under this subsection by an owners

licensee to the Board.

(b) From the tax revenue from riverboat or casino gambling

deposited in the State Gaming Fund under this Section, an

amount equal to 5% of adjusted gross receipts generated by a

riverboat or a casino, other than a riverboat or casino

designated in paragraph (1), (3), or (4) of subsection (e-5)

of Section 7, shall be paid monthly, subject to appropriation

by the General Assembly, to the unit of local government in

which the casino is located or that is designated as the home

dock of the riverboat. Notwithstanding anything to the

contrary, beginning on the first day that an owners licensee

under paragraph (1), (2), (3), (4), (5), or (6) of subsection

(e-5) of Section 7 conducts gambling operations, either in a

temporary facility or a permanent facility, and for 2 years

thereafter, a unit of local government designated as the home

dock of a riverboat whose license was issued before January 1,

2019, other than a riverboat conducting gambling operations in

the City of East St. Louis, shall not receive less under this

subsection (b) than the amount the unit of local government

received under this subsection (b) in calendar year 2018.

Notwithstanding anything to the contrary and because the City

of East St. Louis is a financially distressed city, beginning

on the first day that an owners licensee under paragraph (1),

(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7

conducts gambling operations, either in a temporary facility

or a permanent facility, and for 10 years thereafter, a unit of

local government designated as the home dock of a riverboat

conducting gambling operations in the City of East St. Louis

shall not receive less under this subsection (b) than the

amount the unit of local government received under this

subsection (b) in calendar year 2018.

From the tax revenue deposited in the State Gaming Fund

pursuant to riverboat or casino gambling operations conducted

by a licensed manager on behalf of the State, an amount equal

to 5% of adjusted gross receipts generated pursuant to those

riverboat or casino gambling operations shall be paid monthly,

subject to appropriation by the General Assembly, to the unit

of local government that is designated as the home dock of the

riverboat upon which those riverboat gambling operations are

conducted or in which the casino is located.

From the tax revenue from riverboat or casino gambling

deposited in the State Gaming Fund under this Section, an

amount equal to 5% of the adjusted gross receipts generated by

a riverboat designated in paragraph (3) of subsection (e-5) of

Section 7 shall be divided and remitted monthly, subject to

appropriation, as follows: 70% to Waukegan, 10% to Park City,

15% to North Chicago, and 5% to Lake County.

From the tax revenue from riverboat or casino gambling

deposited in the State Gaming Fund under this Section, an

amount equal to 5% of the adjusted gross receipts generated by

a riverboat designated in paragraph (4) of subsection (e-5) of

Section 7 shall be remitted monthly, subject to appropriation,

as follows: 70% to the City of Rockford, 5% to the City of

Loves Park, 5% to the Village of Machesney, and 20% to

Winnebago County.

From the tax revenue from riverboat or casino gambling

deposited in the State Gaming Fund under this Section, an

amount equal to 5% of the adjusted gross receipts generated by

a riverboat designated in paragraph (5) of subsection (e-5) of

Section 7 shall be remitted monthly, subject to appropriation,

as follows: 2% to the unit of local government in which the

riverboat or casino is located, and 3% shall be distributed:

(A) in accordance with a regional capital development plan

entered into by the following communities: Village of Beecher,

City of Blue Island, Village of Burnham, City of Calumet City,

Village of Calumet Park, City of Chicago Heights, City of

Country Club Hills, Village of Crestwood, Village of Crete,

Village of Dixmoor, Village of Dolton, Village of East Hazel

Crest, Village of Flossmoor, Village of Ford Heights, Village

of Glenwood, City of Harvey, Village of Hazel Crest, Village

of Homewood, Village of Lansing, Village of Lynwood, City of

Markham, Village of Matteson, Village of Midlothian, Village

of Monee, City of Oak Forest, Village of Olympia Fields,

Village of Orland Hills, Village of Orland Park, City of Palos

Heights, Village of Park Forest, Village of Phoenix, Village

of Posen, Village of Richton Park, Village of Riverdale,

Village of Robbins, Village of Sauk Village, Village of South

Chicago Heights, Village of South Holland, Village of Steger,

Village of Thornton, Village of Tinley Park, Village of

University Park and Village of Worth; or (B) if no regional

capital development plan exists, equally among the communities

listed in item (A) to be used for capital expenditures or

public pension payments, or both.

Units of local government may refund any portion of the

payment that they receive pursuant to this subsection (b) to

the riverboat or casino.

(b-4) Beginning on the first day the licensee under

paragraph (5) of subsection (e-5) of Section 7 conducts

gambling operations, either in a temporary facility or a

permanent facility, and ending on July 31, 2042, from the tax

revenue deposited in the State Gaming Fund under this Section,

$5,000,000 shall be paid annually, subject to appropriation,

to the host municipality of that owners licensee of a license

issued or re-issued pursuant to Section 7.1 of this Act before

January 1, 2012. Payments received by the host municipality

pursuant to this subsection (b-4) may not be shared with any

other unit of local government.

(b-5) Beginning on June 28, 2019 (the effective date of

Public Act 101-31), from the tax revenue deposited in the

State Gaming Fund under this Section, an amount equal to 3% of

adjusted gross receipts generated by each organization gaming

facility located outside Madison County shall be paid monthly,

subject to appropriation by the General Assembly, to a

municipality other than the Village of Stickney in which each

organization gaming facility is located or, if the

organization gaming facility is not located within a

municipality, to the county in which the organization gaming

facility is located, except as otherwise provided in this

Section. From the tax revenue deposited in the State Gaming

Fund under this Section, an amount equal to 3% of adjusted

gross receipts generated by an organization gaming facility

located in the Village of Stickney shall be paid monthly,

subject to appropriation by the General Assembly, as follows:

25% to the Village of Stickney, 5% to the City of Berwyn, 50%

to the Town of Cicero, and 20% to the Stickney Public Health

District.

From the tax revenue deposited in the State Gaming Fund

under this Section, an amount equal to 5% of adjusted gross

receipts generated by an organization gaming facility located

in the City of Collinsville shall be paid monthly, subject to

appropriation by the General Assembly, as follows: 30% to the

City of Alton, 30% to the City of East St. Louis, and 40% to

the City of Collinsville.

Municipalities and counties may refund any portion of the

payment that they receive pursuant to this subsection (b-5) to

the organization gaming facility.

(b-6) Beginning on June 28, 2019 (the effective date of

Public Act 101-31), from the tax revenue deposited in the

State Gaming Fund under this Section, an amount equal to 2% of

adjusted gross receipts generated by an organization gaming

facility located outside Madison County shall be paid monthly,

subject to appropriation by the General Assembly, to the

county in which the organization gaming facility is located

for the purposes of its criminal justice system or health care

system.

Counties may refund any portion of the payment that they

receive pursuant to this subsection (b-6) to the organization

gaming facility.

(b-7) From the tax revenue from the organization gaming

licensee located in one of the following townships of Cook

County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or

Worth, an amount equal to 5% of the adjusted gross receipts

generated by that organization gaming licensee shall be

remitted monthly, subject to appropriation, as follows: 2% to

the unit of local government in which the organization gaming

licensee is located, and 3% shall be distributed: (A) in

accordance with a regional capital development plan entered

into by the following communities: Village of Beecher, City of

Blue Island, Village of Burnham, City of Calumet City, Village

of Calumet Park, City of Chicago Heights, City of Country Club

Hills, Village of Crestwood, Village of Crete, Village of

Dixmoor, Village of Dolton, Village of East Hazel Crest,

Village of Flossmoor, Village of Ford Heights, Village of

Glenwood, City of Harvey, Village of Hazel Crest, Village of

Homewood, Village of Lansing, Village of Lynwood, City of

Markham, Village of Matteson, Village of Midlothian, Village

of Monee, City of Oak Forest, Village of Olympia Fields,

Village of Orland Hills, Village of Orland Park, City of Palos

Heights, Village of Park Forest, Village of Phoenix, Village

of Posen, Village of Richton Park, Village of Riverdale,

Village of Robbins, Village of Sauk Village, Village of South

Chicago Heights, Village of South Holland, Village of Steger,

Village of Thornton, Village of Tinley Park, Village of

University Park, and Village of Worth; or (B) if no regional

capital development plan exists, equally among the communities

listed in item (A) to be used for capital expenditures or

public pension payments, or both.

(b-8) In lieu of the payments under subsection (b) of this

Section, from the tax revenue deposited in the State Gaming

Fund pursuant to riverboat or casino gambling operations

conducted by an owners licensee under paragraph (1) of

subsection (e-5) of Section 7, an amount equal to the tax

revenue generated from the privilege tax imposed by paragraph

(2) of subsection (a-5) that is to be paid to the City of

Chicago shall be paid monthly, subject to appropriation by the

General Assembly, as follows: (1) an amount equal to 0.5% of

the annual adjusted gross receipts generated by the owners

licensee under paragraph (1) of subsection (e-5) of Section 7

to the home rule county in which the owners licensee is located

for the purpose of enhancing the county's criminal justice

system; and (2) the balance to the City of Chicago and shall be

expended or obligated by the City of Chicago for pension

payments in accordance with Public Act 99-506.

(c) Appropriations, as approved by the General Assembly,

may be made from the State Gaming Fund to the Board (i) for the

administration and enforcement of this Act and the Video

Gaming Act, (ii) for distribution to the Illinois Department

of State Police and to the Department of Revenue for the

enforcement of this Act and the Video Gaming Act, and (iii) to

the Department of Human Services for the administration of

programs to treat problem gambling, including problem gambling

from sports wagering. The Board's annual appropriations

request must separately state its funding needs for the

regulation of gaming authorized under Section 7.7, riverboat

gaming, casino gaming, video gaming, and sports wagering.

(c-2) An amount equal to 2% of the adjusted gross receipts

generated by an organization gaming facility located within a

home rule county with a population of over 3,000,000

inhabitants shall be paid, subject to appropriation from the

General Assembly, from the State Gaming Fund to the home rule

county in which the organization gaming licensee is located

for the purpose of enhancing the county's criminal justice

system.

(c-3) Appropriations, as approved by the General Assembly,

may be made from the tax revenue deposited into the State

Gaming Fund from organization gaming licensees pursuant to

this Section for the administration and enforcement of this

Act.

(c-4) After payments required under subsections (b),

(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from

the tax revenue from organization gaming licensees deposited

into the State Gaming Fund under this Section, all remaining

amounts from organization gaming licensees shall be

transferred into the Capital Projects Fund.

(c-5) (Blank).

(c-10) Each year the General Assembly shall appropriate

from the General Revenue Fund to the Education Assistance Fund

an amount equal to the amount paid into the Horse Racing Equity

Fund pursuant to subsection (c-5) in the prior calendar year.

(c-15) After the payments required under subsections (b),

(c), and (c-5) have been made, an amount equal to 2% of the

adjusted gross receipts of (1) an owners licensee that

relocates pursuant to Section 11.2, (2) an owners licensee

conducting riverboat gambling operations pursuant to an owners

license that is initially issued after June 25, 1999, or (3)

the first riverboat gambling operations conducted by a

licensed manager on behalf of the State under Section 7.3,

whichever comes first, shall be paid, subject to appropriation

from the General Assembly, from the State Gaming Fund to each

home rule county with a population of over 3,000,000

inhabitants for the purpose of enhancing the county's criminal

justice system.

(c-20) Each year the General Assembly shall appropriate

from the General Revenue Fund to the Education Assistance Fund

an amount equal to the amount paid to each home rule county

with a population of over 3,000,000 inhabitants pursuant to

subsection (c-15) in the prior calendar year.

(c-21) After the payments required under subsections (b),

(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have

been made, an amount equal to 0.5% of the adjusted gross

receipts generated by the owners licensee under paragraph (1)

of subsection (e-5) of Section 7 shall be paid monthly,

subject to appropriation from the General Assembly, from the

State Gaming Fund to the home rule county in which the owners

licensee is located for the purpose of enhancing the county's

criminal justice system.

(c-22) After the payments required under subsections (b),

(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and

(c-21) have been made, an amount equal to 2% of the adjusted

gross receipts generated by the owners licensee under

paragraph (5) of subsection (e-5) of Section 7 shall be paid,

subject to appropriation from the General Assembly, from the

State Gaming Fund to the home rule county in which the owners

licensee is located for the purpose of enhancing the county's

criminal justice system.

(c-25) From July 1, 2013 and each July 1 thereafter

through July 1, 2019, $1,600,000 shall be transferred from the

State Gaming Fund to the Chicago State University Education

Improvement Fund.

On July 1, 2020 and each July 1 thereafter, $3,000,000

shall be transferred from the State Gaming Fund to the Chicago

State University Education Improvement Fund.

(c-30) On July 1, 2013 or as soon as possible thereafter,

$92,000,000 shall be transferred from the State Gaming Fund to

the School Infrastructure Fund and $23,000,000 shall be

transferred from the State Gaming Fund to the Horse Racing

Equity Fund.

(c-35) Beginning on July 1, 2013, in addition to any

amount transferred under subsection (c-30) of this Section,

$5,530,000 shall be transferred monthly from the State Gaming

Fund to the School Infrastructure Fund.

(d) From time to time, the Board shall transfer the

remainder of the funds generated by this Act into the

Education Assistance Fund, created by Public Act 86-0018, of

the State of Illinois.

(e) Nothing in this Act shall prohibit the unit of local

government designated as the home dock of the riverboat from

entering into agreements with other units of local government

in this State or in other states to share its portion of the

tax revenue.

(f) To the extent practicable, the Board shall administer

and collect the wagering taxes imposed by this Section in a

manner consistent with the provisions of Sections 4, 5, 5a,

5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of

the Retailers' Occupation Tax Act and Section 3-7 of the

Uniform Penalty and Interest Act.

(Source: P.A. 101-31, Article 25, Section 25-910, eff.

6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;

101-648, eff. 6-30-20.)

(230 ILCS 10/22) (from Ch. 120, par. 2422)

Sec. 22. Criminal history record information. Whenever the

Board is authorized or required by law to consider some aspect

of criminal history record information for the purpose of

carrying out its statutory powers and responsibilities, the

Board shall, in the form and manner required by the Illinois

Department of State Police and the Federal Bureau of

Investigation, cause to be conducted a criminal history record

investigation to obtain any information currently or

thereafter contained in the files of the Illinois Department

of State Police or the Federal Bureau of Investigation,

including, but not limited to, civil, criminal, and latent

fingerprint databases. Each applicant for occupational

licensing under Section 9 or key person as defined by the Board

in administrative rules shall submit his or her fingerprints

to the Illinois Department of State Police in the form and

manner prescribed by the Illinois Department of State Police.

These fingerprints shall be checked against the fingerprint

records now and hereafter filed in the Illinois Department of

State Police and Federal Bureau of Investigation criminal

history records databases, including, but not limited to,

civil, criminal, and latent fingerprint databases. The

Illinois Department of State Police shall charge a fee for

conducting the criminal history records check, which shall be

deposited in the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall provide, on the Board's

request, information concerning any criminal charges, and

their disposition, currently or thereafter filed against any

applicant, key person, or holder of any license or for

determinations of suitability. Information obtained as a

result of an investigation under this Section shall be used in

determining eligibility for any license. Upon request and

payment of fees in conformance with the requirements of

Section 2605-400 of the Illinois Department of State Police

Law (20 ILCS 2605/2605-400), the Illinois Department of State

Police is authorized to furnish, pursuant to positive

identification, such information contained in State files as

is necessary to fulfill the request.

(Source: P.A. 101-597, eff. 12-6-19.)

Section 705. The Illinois Pull Tabs and Jar Games Act is

amended by changing Sections 2.1 and 5 as follows:

(230 ILCS 20/2.1)

Sec. 2.1. Ineligibility for a license. The following are

ineligible for any license under this Act:

(1) Any person convicted of any felony within the last

5 years where such conviction will impair the person's

ability to engage in the position for which a license is

sought.

(2) Any person convicted of a violation of Article 28

of the Criminal Code of 1961 or the Criminal Code of 2012

who has not been sufficiently rehabilitated following the

conviction.

(3) Any person who has had a bingo, pull tabs and jar

games, or charitable games license revoked by the

Department.

(4) Any person who is or has been a professional

gambler.

(5) Any person found gambling in a manner not

authorized by the Illinois Pull Tabs and Jar Games Act,

the Bingo License and Tax Act, or the Charitable Games

Act, participating in such gambling, or knowingly

permitting such gambling on premises where pull tabs and

jar games are authorized to be conducted.

(6) Any firm or corporation in which a person defined

in (1), (2), (3), (4), or (5) has any proprietary,

equitable, or credit interest or in which such person is

active or employed.

(7) Any organization in which a person defined in (1),

(2), (3), (4), or (5) is an officer, director, or

employee, whether compensated or not.

(8) Any organization in which a person defined in (1),

(2), (3), (4), or (5) is to participate in the management

or operation of pull tabs and jar games.

The Illinois Department of State Police shall provide the

criminal background of any supplier as requested by the

Department of Revenue.

(Source: P.A. 100-286, eff. 1-1-18.)

(230 ILCS 20/5) (from Ch. 120, par. 1055)

Sec. 5. Payments; returns. There shall be paid to the

Department of Revenue 5% of the gross proceeds of any pull tabs

and jar games conducted under this Act. Such payments shall be

made 4 times per year, between the first and the 20th day of

April, July, October and January. Accompanying each payment

shall be a return, on forms prescribed by the Department of

Revenue. Failure to submit either the payment or the return

within the specified time shall result in suspension or

revocation of the license. Tax returns filed pursuant to this

Act shall not be confidential and shall be available for

public inspection. All payments made to the Department of

Revenue under this Act shall be deposited as follows:

(a) 50% shall be deposited in the Common School Fund;

and

(b) 50% shall be deposited in the Illinois Gaming Law

Enforcement Fund. Of the monies deposited in the Illinois

Gaming Law Enforcement Fund under this Section, the

General Assembly shall appropriate two-thirds to the

Department of Revenue, Illinois Department of State Police

and the Office of the Attorney General for State law

enforcement purposes, and one-third shall be appropriated

to the Department of Revenue for the purpose of

distribution in the form of grants to counties or

municipalities for law enforcement purposes. The amounts

of grants to counties or municipalities shall bear the

same ratio as the number of licenses issued in counties or

municipalities bears to the total number of licenses

issued in the State. In computing the number of licenses

issued in a county, licenses issued for locations within a

municipality's boundaries shall be excluded.

The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,

5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the

Retailers' Occupation Tax Act, and Section 3-7 of the Uniform

Penalty and Interest Act, which are not inconsistent with this

Act shall apply, as far as practicable, to the subject matter

of this Act to the same extent as if such provisions were

included in this Act. For the purposes of this Act, references

in such incorporated Sections of the Retailers' Occupation Tax

Act to retailers, sellers or persons engaged in the business

of selling tangible personal property means persons engaged in

conducting pull tabs and jar games and references in such

incorporated Sections of the Retailers' Occupation Tax Act to

sales of tangible personal property mean the conducting of

pull tabs and jar games and the making of charges for

participating in such drawings.

If any payment provided for in this Section exceeds the

taxpayer's liabilities under this Act, as shown on an original

return, the taxpayer may credit such excess payment against

liability subsequently to be remitted to the Department under

this Act, in accordance with reasonable rules adopted by the

Department.

(Source: P.A. 100-1171, eff. 1-4-19.)

Section 710. The Bingo License and Tax Act is amended by

changing Section 1.2 as follows:

(230 ILCS 25/1.2)

Sec. 1.2. Ineligibility for licensure. The following are

ineligible for any license under this Act:

(1) Any person convicted of any felony within the last

5 years where such conviction will impair the person's

ability to engage in the position for which a license is

sought.

(2) Any person convicted of a violation of Article 28

of the Criminal Code of 1961 or the Criminal Code of 2012

who has not been sufficiently rehabilitated following the

conviction.

(3) Any person who has had a bingo, pull tabs and jar

games, or charitable games license revoked by the

Department.

(4) Any person who is or has been a professional

gambler.

(5) Any person found gambling in a manner not

authorized by the Illinois Pull Tabs and Jar Games Act,

Bingo License and Tax Act, or the Charitable Games Act,

participating in such gambling, or knowingly permitting

such gambling on premises where a bingo event is

authorized to be conducted or has been conducted.

(6) Any organization in which a person defined in (1),

(2), (3), (4), or (5) has a proprietary, equitable, or

credit interest, or in which such person is active or

employed.

(7) Any organization in which a person defined in (1),

(2), (3), (4), or (5) is an officer, director, or

employee, whether compensated or not.

(8) Any organization in which a person defined in (1),

(2), (3), (4), or (5) is to participate in the management

or operation of a bingo game.

The Illinois Department of State Police shall provide the

criminal background of any person requested by the Department

of Revenue.

(Source: P.A. 100-286, eff. 1-1-18.)

Section 715. The Charitable Games Act is amended by

changing Sections 7 and 14 as follows:

(230 ILCS 30/7) (from Ch. 120, par. 1127)

Sec. 7. Ineligible persons. The following are ineligible

for any license under this Act:

(a) any person convicted of any felony within the last

5 years where such conviction will impair the person's

ability to engage in the position for which a license is

sought;

(b) any person convicted of a violation of Article 28

of the Criminal Code of 1961 or the Criminal Code of 2012

who has not been sufficiently rehabilitated following the

conviction;

(c) any person who has had a bingo, pull tabs and jar

games, or charitable games license revoked by the

Department;

(d) any person who is or has been a professional

gambler;

(d-1) any person found gambling in a manner not

authorized by this Act, the Illinois Pull Tabs and Jar

Games Act, or the Bingo License and Tax Act participating

in such gambling, or knowingly permitting such gambling on

premises where an authorized charitable games event is

authorized to be conducted or has been conducted;

(e) any organization in which a person defined in (a),

(b), (c), (d), or (d-1) has a proprietary, equitable, or

credit interest, or in which the person is active or

employed;

(f) any organization in which a person defined in (a),

(b), (c), (d), or (d-1) is an officer, director, or

employee, whether compensated or not;

(g) any organization in which a person defined in (a),

(b), (c), (d), or (d-1) is to participate in the

management or operation of charitable games.

The Illinois Department of State Police shall provide the

criminal background of any person requested by the Department

of Revenue.

(Source: P.A. 100-286, eff. 1-1-18.)

(230 ILCS 30/14) (from Ch. 120, par. 1134)

Sec. 14. (a) There is hereby created the Illinois Gaming

Law Enforcement Fund, a special fund in the State Treasury.

(b) The General Assembly shall appropriate two-thirds of

the monies in such fund to the Department of Revenue, Illinois

Department of State Police and the Office of the Attorney

General for State law enforcement purposes. The remaining

one-third of the monies in such fund shall be appropriated to

the Department of Revenue for the purpose of distribution in

the form of grants to counties or municipalities for law

enforcement purposes.

The amount of a grant to counties or municipalities shall

bear the same ratio to the total amount of grants made as the

number of licenses issued in counties or municipalities bears

to the total number of licenses issued in the State. In

computing the number of licenses issued in a county, licenses

issued for locations within a municipality's boundaries shall

be excluded.

(c) (Blank).

(Source: P.A. 90-372, eff. 7-1-98.)

Section 720. The Video Gaming Act is amended by changing

Section 45 as follows:

(230 ILCS 40/45)

Sec. 45. Issuance of license.

(a) The burden is upon each applicant to demonstrate his

suitability for licensure. Each video gaming terminal

manufacturer, distributor, supplier, operator, handler,

licensed establishment, licensed truck stop establishment,

licensed large truck stop establishment, licensed fraternal

establishment, and licensed veterans establishment shall be

licensed by the Board. The Board may issue or deny a license

under this Act to any person pursuant to the same criteria set

forth in Section 9 of the Illinois Gambling Act.

(a-5) The Board shall not grant a license to a person who

has facilitated, enabled, or participated in the use of

coin-operated devices for gambling purposes or who is under

the significant influence or control of such a person. For the

purposes of this Act, "facilitated, enabled, or participated

in the use of coin-operated amusement devices for gambling

purposes" means that the person has been convicted of any

violation of Article 28 of the Criminal Code of 1961 or the

Criminal Code of 2012. If there is pending legal action

against a person for any such violation, then the Board shall

delay the licensure of that person until the legal action is

resolved.

(b) Each person seeking and possessing a license as a

video gaming terminal manufacturer, distributor, supplier,

operator, handler, licensed establishment, licensed truck stop

establishment, licensed large truck stop establishment,

licensed fraternal establishment, or licensed veterans

establishment shall submit to a background investigation

conducted by the Board with the assistance of the Illinois

State Police or other law enforcement. To the extent that the

corporate structure of the applicant allows, the background

investigation shall include any or all of the following as the

Board deems appropriate or as provided by rule for each

category of licensure: (i) each beneficiary of a trust, (ii)

each partner of a partnership, (iii) each member of a limited

liability company, (iv) each director and officer of a

publicly or non-publicly held corporation, (v) each

stockholder of a non-publicly held corporation, (vi) each

stockholder of 5% or more of a publicly held corporation, or

(vii) each stockholder of 5% or more in a parent or subsidiary

corporation.

(c) Each person seeking and possessing a license as a

video gaming terminal manufacturer, distributor, supplier,

operator, handler, licensed establishment, licensed truck stop

establishment, licensed large truck stop establishment,

licensed fraternal establishment, or licensed veterans

establishment shall disclose the identity of every person,

association, trust, corporation, or limited liability company

having a greater than 1% direct or indirect pecuniary interest

in the video gaming terminal operation for which the license

is sought. If the disclosed entity is a trust, the application

shall disclose the names and addresses of the beneficiaries;

if a corporation, the names and addresses of all stockholders

and directors; if a limited liability company, the names and

addresses of all members; or if a partnership, the names and

addresses of all partners, both general and limited.

(d) No person may be licensed as a video gaming terminal

manufacturer, distributor, supplier, operator, handler,

licensed establishment, licensed truck stop establishment,

licensed large truck stop establishment, licensed fraternal

establishment, or licensed veterans establishment if that

person has been found by the Board to:

(1) have a background, including a criminal record,

reputation, habits, social or business associations, or

prior activities that pose a threat to the public

interests of the State or to the security and integrity of

video gaming;

(2) create or enhance the dangers of unsuitable,

unfair, or illegal practices, methods, and activities in

the conduct of video gaming; or

(3) present questionable business practices and

financial arrangements incidental to the conduct of video

gaming activities.

(e) Any applicant for any license under this Act has the

burden of proving his or her qualifications to the

satisfaction of the Board. The Board may adopt rules to

establish additional qualifications and requirements to

preserve the integrity and security of video gaming in this

State.

(f) A non-refundable application fee shall be paid at the

time an application for a license is filed with the Board in

the following amounts:

(1) Manufacturer..........................$5,000

(2) Distributor...........................$5,000

(3) Terminal operator.....................$5,000

(4) Supplier..............................$2,500

(5) Technician..............................$100

(6) Terminal Handler........................$100

(7) Licensed establishment, licensed truck stop

establishment, licensed large truck stop establishment,

licensed fraternal establishment, or licensed

veterans establishment...............................$100

(g) The Board shall establish an annual fee for each

license not to exceed the following:

(1) Manufacturer.........................$10,000

(2) Distributor..........................$10,000

(3) Terminal operator.....................$5,000

(4) Supplier..............................$2,000

(5) Technician..............................$100

(6) Licensed establishment, licensed truck stop

establishment, licensed large truck stop establishment,

licensed fraternal establishment, or licensed

veterans establishment..........................$100

(7) Video gaming terminal...................$100

(8) Terminal Handler............................$100

(h) A terminal operator and a licensed establishment,

licensed truck stop establishment, licensed large truck stop

establishment, licensed fraternal establishment, or licensed

veterans establishment shall equally split the fees specified

in item (7) of subsection (g).

(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)

Section 725. The Sports Wagering Act is amended by

changing Section 25-20 as follows:

(230 ILCS 45/25-20)

Sec. 25-20. Licenses required.

(a) No person may engage in any activity in connection

with sports wagering in this State unless all necessary

licenses have been obtained in accordance with this Act and

the rules of the Board and the Department. The following

licenses shall be issued under this Act:

(1) master sports wagering license;

(2) occupational license;

(3) supplier license;

(4) management services provider license;

(5) tier 2 official league data provider license; and

(6) central system provider license.

No person or entity may engage in a sports wagering

operation or activity without first obtaining the appropriate

license.

(b) An applicant for a license issued under this Act shall

submit an application to the Board in the form the Board

requires. The applicant shall submit fingerprints for a

national criminal records check by the Illinois Department of

State Police and the Federal Bureau of Investigation. The

fingerprints shall be furnished by the applicant's owners,

officers, and directors (if a corporation), managers and

members (if a limited liability company), and partners (if a

partnership). The fingerprints shall be accompanied by a

signed authorization for the release of information by the

Federal Bureau of Investigation. The Board may require

additional background checks on licensees when they apply for

license renewal, and an applicant convicted of a disqualifying

offense shall not be licensed.

(c) Each master sports wagering licensee shall display the

license conspicuously in the licensee's place of business or

have the license available for inspection by an agent of the

Board or a law enforcement agency.

(d) Each holder of an occupational license shall carry the

license and have some indicia of licensure prominently

displayed on his or her person when present in a gaming

facility licensed under this Act at all times, in accordance

with the rules of the Board.

(e) Each person licensed under this Act shall give the

Board written notice within 30 days after a material change to

information provided in the licensee's application for a

license or renewal.

(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)

Section 730. The Liquor Control Act of 1934 is amended by

changing Sections 4-7 and 10-1 as follows:

(235 ILCS 5/4-7) (from Ch. 43, par. 114a)

Sec. 4-7. The local liquor control commissioner shall have

the right to require fingerprints of any applicant for a local

license or for a renewal thereof other than an applicant who is

an air carrier operating under a certificate or a foreign air

permit issued pursuant to the Federal Aviation Act of 1958.

Each applicant shall submit his or her fingerprints to the

Illinois Department of State Police in the form and manner

prescribed by the Illinois Department of State Police. These

fingerprints shall be checked against the fingerprint records

now and hereafter filed in the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

records databases. The Illinois Department of State Police

shall charge a fee for conducting the criminal history records

check, which shall be deposited in the State Police Services

Fund and shall not exceed the actual cost of the records check.

The Illinois Department of State Police shall furnish pursuant

to positive identification, records of conviction to the local

liquor control commissioner. For purposes of obtaining

fingerprints under this Section, the local liquor commissioner

shall collect a fee and forward the fee to the appropriate

policing body who shall submit the fingerprints and the fee to

the Illinois Department of State Police.

(Source: P.A. 93-418, eff. 1-1-04.)

(235 ILCS 5/10-1) (from Ch. 43, par. 183)

Sec. 10-1. Violations; penalties. Whereas a substantial

threat to the sound and careful control, regulation, and

taxation of the manufacture, sale, and distribution of

alcoholic liquors exists by virtue of individuals who

manufacture, import, distribute, or sell alcoholic liquors

within the State without having first obtained a valid license

to do so, and whereas such threat is especially serious along

the borders of this State, and whereas such threat requires

immediate correction by this Act, by active investigation and

prosecution by the State Commission, law enforcement

officials, and prosecutors, and by prompt and strict

enforcement through the courts of this State to punish

violators and to deter such conduct in the future:

(a) Any person who manufactures, imports for distribution

or use, transports from outside this State into this State, or

distributes or sells 108 liters (28.53 gallons) or more of

wine, 45 liters (11.88 gallons) or more of distilled spirits,

or 118 liters (31.17 gallons) or more of beer at any place

within the State without having first obtained a valid license

to do so under the provisions of this Act shall be guilty of a

Class 4 felony for each offense. However, any person who was

duly licensed under this Act and whose license expired within

30 days prior to a violation shall be guilty of a business

offense and fined not more than $1,000 for the first such

offense and shall be guilty of a Class 4 felony for each

subsequent offense.

Any person who manufactures, imports for distribution,

transports from outside this State into this State for sale or

resale in this State, or distributes or sells less than 108

liters (28.53 gallons) of wine, less than 45 liters (11.88

gallons) of distilled spirits, or less than 118 liters (31.17

gallons) of beer at any place within the State without having

first obtained a valid license to do so under the provisions of

this Act shall be guilty of a business offense and fined not

more than $1,000 for the first such offense and shall be guilty

of a Class 4 felony for each subsequent offense. This

subsection does not apply to a motor carrier or freight

forwarder, as defined in Section 13102 of Title 49 of the

United States Code, an air carrier, as defined in Section

40102 of Title 49 of the United States Code, or a rail carrier,

as defined in Section 10102 of Title 49 of the United States

Code.

Any person who: (1) has been issued an initial cease and

desist notice from the State Commission; and (2) for

compensation, does any of the following: (i) ships alcoholic

liquor into this State without a license authorized by Section

5-1 issued by the State Commission or in violation of that

license; or (ii) manufactures, imports for distribution,

transports from outside this State into this State for sale or

resale in this State, or distributes or sells alcoholic

liquors at any place without having first obtained a valid

license to do so is guilty of a Class 4 felony for each

offense.

(b) (1) Any retailer, caterer retailer, brew pub, special

event retailer, special use permit holder, homebrewer special

event permit holder, or craft distiller tasting permit holder

who knowingly causes alcoholic liquors to be imported directly

into the State of Illinois from outside of the State for the

purpose of furnishing, giving, or selling to another, except

when having received the product from a duly licensed

distributor or importing distributor, shall have his license

suspended for 30 days for the first offense and for the second

offense, shall have his license revoked by the Commission.

(2) In the event the State Commission receives a certified

copy of a final order from a foreign jurisdiction that an

Illinois retail licensee has been found to have violated that

foreign jurisdiction's laws, rules, or regulations concerning

the importation of alcoholic liquor into that foreign

jurisdiction, the violation may be grounds for the State

Commission to revoke, suspend, or refuse to issue or renew a

license, to impose a fine, or to take any additional action

provided by this Act with respect to the Illinois retail

license or licensee. Any such action on the part of the State

Commission shall be in accordance with this Act and

implementing rules.

For the purposes of paragraph (2): (i) "foreign

jurisdiction" means a state, territory, or possession of the

United States, the District of Columbia, or the Commonwealth

of Puerto Rico, and (ii) "final order" means an order or

judgment of a court or administrative body that determines the

rights of the parties respecting the subject matter of the

proceeding, that remains in full force and effect, and from

which no appeal can be taken.

(c) Any person who shall make any false statement or

otherwise violates any of the provisions of this Act in

obtaining any license hereunder, or who having obtained a

license hereunder shall violate any of the provisions of this

Act with respect to the manufacture, possession, distribution

or sale of alcoholic liquor, or with respect to the

maintenance of the licensed premises, or shall violate any

other provision of this Act, shall for a first offense be

guilty of a petty offense and fined not more than $500, and for

a second or subsequent offense shall be guilty of a Class B

misdemeanor.

(c-5) Any owner of an establishment that serves alcohol on

its premises, if more than 50% of the establishment's gross

receipts within the prior 3 months is from the sale of alcohol,

who knowingly fails to prohibit concealed firearms on its

premises or who knowingly makes a false statement or record to

avoid the prohibition of concealed firearms on its premises

under the Firearm Concealed Carry Act shall be guilty of a

business offense with a fine up to $5,000.

(d) Each day any person engages in business as a

manufacturer, foreign importer, importing distributor,

distributor or retailer in violation of the provisions of this

Act shall constitute a separate offense.

(e) Any person, under the age of 21 years who, for the

purpose of buying, accepting or receiving alcoholic liquor

from a licensee, represents that he is 21 years of age or over

shall be guilty of a Class A misdemeanor.

(f) In addition to the penalties herein provided, any

person licensed as a wine-maker in either class who

manufactures more wine than authorized by his license shall be

guilty of a business offense and shall be fined $1 for each

gallon so manufactured.

(g) A person shall be exempt from prosecution for a

violation of this Act if he is a peace officer in the

enforcement of the criminal laws and such activity is approved

in writing by one of the following:

(1) In all counties, the respective State's Attorney;

(2) The Director of the Illinois State Police under

Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,

2605-100, 2605-105, 2605-110, 2605-115, 2605-120,

2605-130, 2605-140, 2605-190, 2605-200, 2605-205,

2605-210, 2605-215, 2605-250, 2605-275, 2605-300,

2605-305, 2605-315, 2605-325, 2605-335, 2605-340,

2605-350, 2605-355, 2605-360, 2605-365, 2605-375,

2605-390, 2605-400, 2605-405, 2605-420, 2605-430,

2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois

Department of State Police Law (20 ILCS 2605/2605-10,

2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,

2605/2605-110, 2605/2605-115, 2605/2605-120,

2605/2605-130, 2605/2605-140, 2605/2605-190,

2605/2605-200, 2605/2605-205, 2605/2605-210,

2605/2605-215, 2605/2605-250, 2605/2605-275,

2605/2605-300, 2605/2605-305, 2605/2605-315,

2605/2605-325, 2605/2605-335, 2605/2605-340,

2605/2605-350, 2605/2605-355, 2605/2605-360,

2605/2605-365, 2605/2605-375, 2605/2605-390,

2605/2605-400, 2605/2605-405, 2605/2605-420,

2605/2605-430, 2605/2605-435, 2605/2605-500,

2605/2605-525, or 2605/2605-550); or

(3) In cities over 1,000,000, the Superintendent of

Police.

(Source: P.A. 101-37, eff. 7-3-19.)

Section 735. The Illinois Public Aid Code is amended by

changing Sections 8A-7, 9A-11.5, 10-3.4, and 12-4.25 as

follows:

(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)

Sec. 8A-7. Civil Remedies. (a) A person who receives

financial aid by means of a false statement, willful

misrepresentation or by his failure to notify the county

department or local governmental unit, as the case may be, of a

change in his status as required by Sections 11-18 and 11-19,

for the purpose of preventing the denial, cancellation or

suspension of his grant, or a variation in the amount thereof,

or by other fraudulent device, or a person who knowingly aids

or abets any person in obtaining financial aid for which he is

not eligible, shall be answerable to the county department or

the local governmental unit, as the case may be, for refunding

the entire amount of aid received. If the refund is not made,

it shall be recoverable in a civil action from the person who

received the aid, or from anyone who willfully aided such

person to obtain the aid. If an act which would be unlawful

under Section 8A-2 is proven, the court may as a penalty assess

an additional sum of money, not to exceed the entire amount of

aid provided, against the recipient or against any person who

willfully aided the recipient. If assessed, the penalty shall

be included in any judgment entered for the aid received, and

paid to the county department or the local governmental unit,

as the case may be. Upon entry of the judgment a lien shall

attach to all property and assets of such person until the

judgment is satisfied.

(b) Any person, firm, corporation, association, agency,

institution or other legal entity, other than an individual

recipient, that willfully, by means of a false statement or

representation, or by concealment of any material fact or by

other fraudulent scheme or device on behalf of himself or

others, obtains or attempts to obtain benefits or payments

under this Code to which he or it is not entitled, or in a

greater amount than that to which he or it is entitled, shall

be liable for repayment of any excess benefits or payments

received and, in addition to any other penalties provided by

law, civil penalties consisting of (1) the interest on the

amount of excess benefits or payments at the maximum legal

rate in effect on the date the payment was made to such person,

firm, corporation, association, agency, institution or other

legal entity for the period from the date upon which payment

was made to the date upon which repayment is made to the State,

(2) an amount not to exceed 3 times the amount of such excess

benefits or payments, and (3) the sum of $2,000 for each

excessive claim for benefits or payments. Upon entry of a

judgment for repayment of any excess benefits or payments, or

for any civil penalties assessed by the court, a lien shall

attach to all property and assets of such person, firm,

corporation, association, agency, institution or other legal

entity until the judgment is satisfied.

(c) Civil recoveries provided for in this Section may be

recoverable in court proceedings initiated by the Attorney

General or, in actions involving a local governmental unit, by

the State's Attorney.

(d) Any person who commits the offense of vendor fraud or

recipient fraud as defined in Section 8A-2 and Section 8A-3 of

this Article shall forfeit, according to the provisions of

this subsection, any monies, profits or proceeds, and any

interest or property which the sentencing court determines he

has acquired or maintained, directly or indirectly, in whole

or in part as a result of such offense. Such person shall also

forfeit any interest in, securities of, claim against, or

contractual right of any kind which affords him a source of

influence over, any enterprise which he has established,

operated, controlled, conducted, or participated in

conducting, where his relationship to or connection with any

such thing or activity directly or indirectly, in whole or in

part, is traceable to any thing or benefit which he has

obtained or acquired through vendor fraud or recipient fraud.

Proceedings instituted pursuant to this subsection shall

be subject to and conducted in accordance with the following

procedures:

(1) The sentencing court shall, upon petition by the

Attorney General or State's Attorney at any time following

sentencing, conduct a hearing to determine whether any

property or property interest is subject to forfeiture under

this subsection. At the forfeiture hearing the People shall

have the burden of establishing, by a preponderance of the

evidence, that the property or property interests are subject

to such forfeiture.

(2) In any action brought by the People of the State of

Illinois under this Section, in which any restraining order,

injunction or prohibition or any other action in connection

with any property or interest subject to forfeiture under this

subsection is sought, the circuit court presiding over the

trial of the person charged with recipient fraud or vendor

fraud as defined in Sections 8A-2 or 8A-3 of this Article shall

first determine whether there is probable cause to believe

that the person so charged has committed the offense of

recipient fraud or vendor fraud and whether the property or

interest is subject to forfeiture under this subsection. To

make such a determination, prior to entering any such order,

the court shall conduct a hearing without a jury, at which the

People shall establish that there is (i) probable cause that

the person so charged has committed the offense of recipient

fraud or vendor fraud and (ii) probable cause that any

property or interest may be subject to forfeiture pursuant to

this subsection. Such hearing may be conducted simultaneously

with a preliminary hearing, if the prosecution is commenced by

information or complaint, or by motion of the People at any

stage in the proceedings. The court may accept a finding of

probable cause at a preliminary hearing following the filing

of an information charging the offense of recipient fraud or

vendor fraud as defined in Sections 8A-2 or 8A-3 or the return

of an indictment by a grand jury charging the offense of

recipient fraud or vendor fraud as defined in Sections 8A-2 or

8A-3 of this Article as sufficient evidence of probable cause

as provided in item (i) above. Upon such a finding, the circuit

court shall enter such restraining order, injunction or

prohibition, or shall take such other action in connection

with any such property or other interest subject to forfeiture

under this Act as is necessary to insure that such property is

not removed from the jurisdiction of the court, concealed,

destroyed or otherwise disposed of by the owner of that

property or interest prior to a forfeiture hearing under this

subsection. The Attorney General or State's Attorney shall

file a certified copy of such restraining order, injunction or

other prohibition with the recorder of deeds or registrar of

titles of each county where any such property of the defendant

may be located. No such injunction, restraining order or other

prohibition shall affect the rights of any bonafide purchaser,

mortgagee, judgement creditor or other lien holder arising

prior to the date of such filing. The court may, at any time,

upon verified petition by the defendant, conduct a hearing to

determine whether all or portions of any such property or

interest which the court previously determined to be subject

to forfeiture or subject to any restraining order, injunction,

or prohibition or other action, should be released. The court

may in its discretion release such property to the defendant

for good cause shown.

(3) Upon conviction of a person under this Article, the

court shall authorize the Director of the Illinois Department

of State Police to seize all property or other interest

declared forfeited under this subsection upon such terms and

conditions as the court shall deem proper.

(4) The Director of the Illinois Department of State

Police is authorized to sell all property forfeited and seized

pursuant to this subsection, unless such property is required

by law to be destroyed or is harmful to the public. After the

deduction of all requisite expenses of administration and

sale, the court shall order the Director to distribute to the

Illinois Department an amount from the proceeds of the

forfeited property, or monies forfeited or seized, which will

satisfy any unsatisfied court order of restitution entered

pursuant to a conviction under this Article. If the proceeds

are less than the amount necessary to satisfy the order of

restitution, the Director shall distribute to the Illinois

Department the entire amount of the remaining proceeds. The

Director shall distribute any remaining proceeds of such sale,

along with any monies forfeited or seized, in accordance with

the following schedules:

(a) 25% shall be distributed to the unit of local

government whose officers or employees conducted the

investigation into recipient fraud or vendor fraud and caused

the arrest or arrests and prosecution leading to the

forfeiture. Amounts distributed to units of local government

shall be used solely for enforcement matters relating to

detection, investigation or prosecution of recipient fraud or

vendor fraud as defined in Section 8A-2 or 8A-3 of this

Article. Where the investigation, arrest or arrests leading to

the prosecution and forfeiture is undertaken solely by the

Illinois Department of State Police, the portion provided

hereunder shall be paid into the Medicaid Fraud and Abuse

Prevention Fund, which is hereby created in the State

treasury. Monies from this fund shall be used by the Illinois

Department of State Police for the furtherance of enforcement

matters relating to detection, investigation or prosecution of

recipient fraud or vendor fraud. Monies directed to this fund

shall be used in addition to, and not as a substitute for,

funds annually appropriated to the Illinois Department of

State Police for medicaid fraud enforcement.

(b) 25% shall be distributed to the county in which the

prosecution and petition for forfeiture resulting in the

forfeiture was instituted, and deposited in a special fund in

the county treasury and appropriated to the State's Attorney

for use solely in enforcement matters relating to detection,

investigation or prosecution of recipient fraud or vendor

fraud; however, if the Attorney General brought the

prosecution resulting in the forfeiture, the portion provided

hereunder shall be paid into the Medicaid Fraud and Abuse

Prevention Fund, to be used by the Medicaid Fraud Control Unit

of the Illinois Department of State Police for enforcement

matters relating to detection, investigation or prosecution of

recipient fraud or vendor fraud. Where the Attorney General

and a State's Attorney have jointly participated in any

portion of the proceedings, 12.5% shall be distributed to the

county in which the prosecution resulting in the forfeiture

was instituted, and used as specified herein, and 12.5% shall

be paid into the Medicaid Fraud and Abuse Prevention Fund, and

used as specified herein.

(c) 50% shall be transmitted to the State Treasurer for

deposit in the General Revenue Fund.

(Source: P.A. 85-707.)

(305 ILCS 5/9A-11.5)

Sec. 9A-11.5. Investigate child care providers.

(a) Any child care provider receiving funds from the child

care assistance program under this Code who is not required to

be licensed under the Child Care Act of 1969 shall, as a

condition of eligibility to participate in the child care

assistance program under this Code, authorize in writing on a

form prescribed by the Department of Children and Family

Services, periodic investigations of the Central Register, as

defined in the Abused and Neglected Child Reporting Act, to

ascertain if the child care provider has been determined to be

a perpetrator in an indicated report of child abuse or

neglect. The Department of Children and Family Services shall

conduct an investigation of the Central Register at the

request of the Department.

(b) Any child care provider, other than a relative of the

child, receiving funds from the child care assistance program

under this Code who is not required to be licensed under the

Child Care Act of 1969 shall, as a condition of eligibility to

participate in the child care assistance program under this

Code, authorize in writing a State and Federal Bureau of

Investigation fingerprint-based criminal history record check

to determine if the child care provider has ever been

convicted of a crime with respect to which the conviction has

not been overturned and the criminal records have not been

sealed or expunged. Upon this authorization, the Department

shall request and receive information and assistance from any

federal or State governmental agency as part of the authorized

criminal history record check. The Illinois Department of

State Police shall provide information concerning any

conviction that has not been overturned and with respect to

which the criminal records have not been sealed or expunged,

whether the conviction occurred before or on or after the

effective date of this amendatory Act of the 96th General

Assembly, of a child care provider upon the request of the

Department when the request is made in the form and manner

required by the Illinois Department of State Police. The

Illinois Department of State Police shall charge a fee not to

exceed the cost of processing the criminal history record

check. The fee is to be deposited into the State Police

Services Fund. Any information concerning convictions that

have not been overturned and with respect to which the

criminal records have not been sealed or expunged obtained by

the Department is confidential and may not be transmitted (i)

outside the Department except as required in this Section or

(ii) to anyone within the Department except as needed for the

purposes of determining participation in the child care

assistance program. A copy of the criminal history record

check obtained from the Illinois Department of State Police

shall be provided to the unlicensed child care provider.

(c) The Department shall by rule set standards for

determining when to disqualify an unlicensed child care

provider for payment because (i) there is an indicated finding

against the provider based on the results of the Central

Register search or (ii) there is a disqualifying criminal

charge pending against the provider or the provider has a

disqualifying criminal conviction that has not been overturned

and with respect to which the criminal records have not been

expunged or sealed based on the results of the

fingerprint-based Illinois Department of State Police and

Federal Bureau of Investigation criminal history record check.

In determining whether to disqualify an unlicensed child care

provider for payment under this subsection, the Department

shall consider the nature and gravity of any offense or

offenses; the time that has passed since the offense or

offenses or the completion of the criminal sentence or both;

and the relationship of the offense or offenses to the

responsibilities of the child care provider.

(Source: P.A. 96-632, eff. 8-24-09.)

(305 ILCS 5/10-3.4)

Sec. 10-3.4. Obtaining location information.

(a) The Illinois Department shall enter into agreements

with the Illinois Department of State Police and the Secretary

of State to obtain location information on persons for the

purpose of establishing paternity, and establishing,

modifying, and enforcing child support obligations.

(b) Upon request, the Illinois Department shall provide

information obtained pursuant to this Section to federal

agencies and other states' agencies conducting child support

enforcement activities under Title IV, Part D of the Social

Security Act.

(Source: P.A. 90-18, eff. 7-1-97.)

(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)

Sec. 12-4.25. Medical assistance program; vendor

participation.

(A) The Illinois Department may deny, suspend, or

terminate the eligibility of any person, firm, corporation,

association, agency, institution or other legal entity to

participate as a vendor of goods or services to recipients

under the medical assistance program under Article V, or may

exclude any such person or entity from participation as such a

vendor, and may deny, suspend, or recover payments, if after

reasonable notice and opportunity for a hearing the Illinois

Department finds:

(a) Such vendor is not complying with the Department's

policy or rules and regulations, or with the terms and

conditions prescribed by the Illinois Department in its

vendor agreement, which document shall be developed by the

Department as a result of negotiations with each vendor

category, including physicians, hospitals, long term care

facilities, pharmacists, optometrists, podiatric

physicians, and dentists setting forth the terms and

conditions applicable to the participation of each vendor

group in the program; or

(b) Such vendor has failed to keep or make available

for inspection, audit or copying, after receiving a

written request from the Illinois Department, such records

regarding payments claimed for providing services. This

section does not require vendors to make available patient

records of patients for whom services are not reimbursed

under this Code; or

(c) Such vendor has failed to furnish any information

requested by the Department regarding payments for

providing goods or services; or

(d) Such vendor has knowingly made, or caused to be

made, any false statement or representation of a material

fact in connection with the administration of the medical

assistance program; or

(e) Such vendor has furnished goods or services to a

recipient which are (1) in excess of need, (2) harmful, or

(3) of grossly inferior quality, all of such

determinations to be based upon competent medical judgment

and evaluations; or

(f) The vendor; a person with management

responsibility for a vendor; an officer or person owning,

either directly or indirectly, 5% or more of the shares of

stock or other evidences of ownership in a corporate

vendor; an owner of a sole proprietorship which is a

vendor; or a partner in a partnership which is a vendor,

either:

(1) was previously terminated, suspended, or

excluded from participation in the Illinois medical

assistance program, or was terminated, suspended, or

excluded from participation in another state or

federal medical assistance or health care program; or

(2) was a person with management responsibility

for a vendor previously terminated, suspended, or

excluded from participation in the Illinois medical

assistance program, or terminated, suspended, or

excluded from participation in another state or

federal medical assistance or health care program

during the time of conduct which was the basis for that

vendor's termination, suspension, or exclusion; or

(3) was an officer, or person owning, either

directly or indirectly, 5% or more of the shares of

stock or other evidences of ownership in a corporate

or limited liability company vendor previously

terminated, suspended, or excluded from participation

in the Illinois medical assistance program, or

terminated, suspended, or excluded from participation

in a state or federal medical assistance or health

care program during the time of conduct which was the

basis for that vendor's termination, suspension, or

exclusion; or

(4) was an owner of a sole proprietorship or

partner of a partnership previously terminated,

suspended, or excluded from participation in the

Illinois medical assistance program, or terminated,

suspended, or excluded from participation in a state

or federal medical assistance or health care program

during the time of conduct which was the basis for that

vendor's termination, suspension, or exclusion; or

(f-1) Such vendor has a delinquent debt owed to the

Illinois Department; or

(g) The vendor; a person with management

responsibility for a vendor; an officer or person owning,

either directly or indirectly, 5% or more of the shares of

stock or other evidences of ownership in a corporate or

limited liability company vendor; an owner of a sole

proprietorship which is a vendor; or a partner in a

partnership which is a vendor, either:

(1) has engaged in practices prohibited by

applicable federal or State law or regulation; or

(2) was a person with management responsibility

for a vendor at the time that such vendor engaged in

practices prohibited by applicable federal or State

law or regulation; or

(3) was an officer, or person owning, either

directly or indirectly, 5% or more of the shares of

stock or other evidences of ownership in a vendor at

the time such vendor engaged in practices prohibited

by applicable federal or State law or regulation; or

(4) was an owner of a sole proprietorship or

partner of a partnership which was a vendor at the time

such vendor engaged in practices prohibited by

applicable federal or State law or regulation; or

(h) The direct or indirect ownership of the vendor

(including the ownership of a vendor that is a sole

proprietorship, a partner's interest in a vendor that is a

partnership, or ownership of 5% or more of the shares of

stock or other evidences of ownership in a corporate

vendor) has been transferred by an individual who is

terminated, suspended, or excluded or barred from

participating as a vendor to the individual's spouse,

child, brother, sister, parent, grandparent, grandchild,

uncle, aunt, niece, nephew, cousin, or relative by

marriage.

(A-5) The Illinois Department may deny, suspend, or

terminate the eligibility of any person, firm, corporation,

association, agency, institution, or other legal entity to

participate as a vendor of goods or services to recipients

under the medical assistance program under Article V, or may

exclude any such person or entity from participation as such a

vendor, if, after reasonable notice and opportunity for a

hearing, the Illinois Department finds that the vendor; a

person with management responsibility for a vendor; an officer

or person owning, either directly or indirectly, 5% or more of

the shares of stock or other evidences of ownership in a

corporate vendor; an owner of a sole proprietorship that is a

vendor; or a partner in a partnership that is a vendor has been

convicted of an offense based on fraud or willful

misrepresentation related to any of the following:

(1) The medical assistance program under Article V of

this Code.

(2) A medical assistance or health care program in

another state.

(3) The Medicare program under Title XVIII of the

Social Security Act.

(4) The provision of health care services.

(5) A violation of this Code, as provided in Article

VIIIA, or another state or federal medical assistance

program or health care program.

(A-10) The Illinois Department may deny, suspend, or

terminate the eligibility of any person, firm, corporation,

association, agency, institution, or other legal entity to

participate as a vendor of goods or services to recipients

under the medical assistance program under Article V, or may

exclude any such person or entity from participation as such a

vendor, if, after reasonable notice and opportunity for a

hearing, the Illinois Department finds that (i) the vendor,

(ii) a person with management responsibility for a vendor,

(iii) an officer or person owning, either directly or

indirectly, 5% or more of the shares of stock or other

evidences of ownership in a corporate vendor, (iv) an owner of

a sole proprietorship that is a vendor, or (v) a partner in a

partnership that is a vendor has been convicted of an offense

related to any of the following:

(1) Murder.

(2) A Class X felony under the Criminal Code of 1961 or

the Criminal Code of 2012.

(3) Sexual misconduct that may subject recipients to

an undue risk of harm.

(4) A criminal offense that may subject recipients to

an undue risk of harm.

(5) A crime of fraud or dishonesty.

(6) A crime involving a controlled substance.

(7) A misdemeanor relating to fraud, theft,

embezzlement, breach of fiduciary responsibility, or other

financial misconduct related to a health care program.

(A-15) The Illinois Department may deny the eligibility of

any person, firm, corporation, association, agency,

institution, or other legal entity to participate as a vendor

of goods or services to recipients under the medical

assistance program under Article V if, after reasonable notice

and opportunity for a hearing, the Illinois Department finds:

(1) The applicant or any person with management

responsibility for the applicant; an officer or member of

the board of directors of an applicant; an entity owning

(directly or indirectly) 5% or more of the shares of stock

or other evidences of ownership in a corporate vendor

applicant; an owner of a sole proprietorship applicant; a

partner in a partnership applicant; or a technical or

other advisor to an applicant has a debt owed to the

Illinois Department, and no payment arrangements

acceptable to the Illinois Department have been made by

the applicant.

(2) The applicant or any person with management

responsibility for the applicant; an officer or member of

the board of directors of an applicant; an entity owning

(directly or indirectly) 5% or more of the shares of stock

or other evidences of ownership in a corporate vendor

applicant; an owner of a sole proprietorship applicant; a

partner in a partnership vendor applicant; or a technical

or other advisor to an applicant was (i) a person with

management responsibility, (ii) an officer or member of

the board of directors of an applicant, (iii) an entity

owning (directly or indirectly) 5% or more of the shares

of stock or other evidences of ownership in a corporate

vendor, (iv) an owner of a sole proprietorship, (v) a

partner in a partnership vendor, (vi) a technical or other

advisor to a vendor, during a period of time where the

conduct of that vendor resulted in a debt owed to the

Illinois Department, and no payment arrangements

acceptable to the Illinois Department have been made by

that vendor.

(3) There is a credible allegation of the use,

transfer, or lease of assets of any kind to an applicant

from a current or prior vendor who has a debt owed to the

Illinois Department, no payment arrangements acceptable to

the Illinois Department have been made by that vendor or

the vendor's alternate payee, and the applicant knows or

should have known of such debt.

(4) There is a credible allegation of a transfer of

management responsibilities, or direct or indirect

ownership, to an applicant from a current or prior vendor

who has a debt owed to the Illinois Department, and no

payment arrangements acceptable to the Illinois Department

have been made by that vendor or the vendor's alternate

payee, and the applicant knows or should have known of

such debt.

(5) There is a credible allegation of the use,

transfer, or lease of assets of any kind to an applicant

who is a spouse, child, brother, sister, parent,

grandparent, grandchild, uncle, aunt, niece, relative by

marriage, nephew, cousin, or relative of a current or

prior vendor who has a debt owed to the Illinois

Department and no payment arrangements acceptable to the

Illinois Department have been made.

(6) There is a credible allegation that the

applicant's previous affiliations with a provider of

medical services that has an uncollected debt, a provider

that has been or is subject to a payment suspension under a

federal health care program, or a provider that has been

previously excluded from participation in the medical

assistance program, poses a risk of fraud, waste, or abuse

to the Illinois Department.

As used in this subsection, "credible allegation" is

defined to include an allegation from any source, including,

but not limited to, fraud hotline complaints, claims data

mining, patterns identified through provider audits, civil

actions filed under the Illinois False Claims Act, and law

enforcement investigations. An allegation is considered to be

credible when it has indicia of reliability.

(B) The Illinois Department shall deny, suspend or

terminate the eligibility of any person, firm, corporation,

association, agency, institution or other legal entity to

participate as a vendor of goods or services to recipients

under the medical assistance program under Article V, or may

exclude any such person or entity from participation as such a

vendor:

(1) immediately, if such vendor is not properly

licensed, certified, or authorized;

(2) within 30 days of the date when such vendor's

professional license, certification or other authorization

has been refused renewal, restricted, revoked, suspended,

or otherwise terminated; or

(3) if such vendor has been convicted of a violation

of this Code, as provided in Article VIIIA.

(C) Upon termination, suspension, or exclusion of a vendor

of goods or services from participation in the medical

assistance program authorized by this Article, a person with

management responsibility for such vendor during the time of

any conduct which served as the basis for that vendor's

termination, suspension, or exclusion is barred from

participation in the medical assistance program.

Upon termination, suspension, or exclusion of a corporate

vendor, the officers and persons owning, directly or

indirectly, 5% or more of the shares of stock or other

evidences of ownership in the vendor during the time of any

conduct which served as the basis for that vendor's

termination, suspension, or exclusion are barred from

participation in the medical assistance program. A person who

owns, directly or indirectly, 5% or more of the shares of stock

or other evidences of ownership in a terminated, suspended, or

excluded vendor may not transfer his or her ownership interest

in that vendor to his or her spouse, child, brother, sister,

parent, grandparent, grandchild, uncle, aunt, niece, nephew,

cousin, or relative by marriage.

Upon termination, suspension, or exclusion of a sole

proprietorship or partnership, the owner or partners during

the time of any conduct which served as the basis for that

vendor's termination, suspension, or exclusion are barred from

participation in the medical assistance program. The owner of

a terminated, suspended, or excluded vendor that is a sole

proprietorship, and a partner in a terminated, suspended, or

excluded vendor that is a partnership, may not transfer his or

her ownership or partnership interest in that vendor to his or

her spouse, child, brother, sister, parent, grandparent,

grandchild, uncle, aunt, niece, nephew, cousin, or relative by

marriage.

A person who owns, directly or indirectly, 5% or more of

the shares of stock or other evidences of ownership in a

corporate or limited liability company vendor who owes a debt

to the Department, if that vendor has not made payment

arrangements acceptable to the Department, shall not transfer

his or her ownership interest in that vendor, or vendor assets

of any kind, to his or her spouse, child, brother, sister,

parent, grandparent, grandchild, uncle, aunt, niece, nephew,

cousin, or relative by marriage.

Rules adopted by the Illinois Department to implement

these provisions shall specifically include a definition of

the term "management responsibility" as used in this Section.

Such definition shall include, but not be limited to, typical

job titles, and duties and descriptions which will be

considered as within the definition of individuals with

management responsibility for a provider.

A vendor or a prior vendor who has been terminated,

excluded, or suspended from the medical assistance program, or

from another state or federal medical assistance or health

care program, and any individual currently or previously

barred from the medical assistance program, or from another

state or federal medical assistance or health care program, as

a result of being an officer or a person owning, directly or

indirectly, 5% or more of the shares of stock or other

evidences of ownership in a corporate or limited liability

company vendor during the time of any conduct which served as

the basis for that vendor's termination, suspension, or

exclusion, may be required to post a surety bond as part of a

condition of enrollment or participation in the medical

assistance program. The Illinois Department shall establish,

by rule, the criteria and requirements for determining when a

surety bond must be posted and the value of the bond.

A vendor or a prior vendor who has a debt owed to the

Illinois Department and any individual currently or previously

barred from the medical assistance program, or from another

state or federal medical assistance or health care program, as

a result of being an officer or a person owning, directly or

indirectly, 5% or more of the shares of stock or other

evidences of ownership in that corporate or limited liability

company vendor during the time of any conduct which served as

the basis for the debt, may be required to post a surety bond

as part of a condition of enrollment or participation in the

medical assistance program. The Illinois Department shall

establish, by rule, the criteria and requirements for

determining when a surety bond must be posted and the value of

the bond.

(D) If a vendor has been suspended from the medical

assistance program under Article V of the Code, the Director

may require that such vendor correct any deficiencies which

served as the basis for the suspension. The Director shall

specify in the suspension order a specific period of time,

which shall not exceed one year from the date of the order,

during which a suspended vendor shall not be eligible to

participate. At the conclusion of the period of suspension the

Director shall reinstate such vendor, unless he finds that

such vendor has not corrected deficiencies upon which the

suspension was based.

If a vendor has been terminated, suspended, or excluded

from the medical assistance program under Article V, such

vendor shall be barred from participation for at least one

year, except that if a vendor has been terminated, suspended,

or excluded based on a conviction of a violation of Article

VIIIA or a conviction of a felony based on fraud or a willful

misrepresentation related to (i) the medical assistance

program under Article V, (ii) a federal or another state's

medical assistance or health care program, or (iii) the

provision of health care services, then the vendor shall be

barred from participation for 5 years or for the length of the

vendor's sentence for that conviction, whichever is longer. At

the end of one year a vendor who has been terminated,

suspended, or excluded may apply for reinstatement to the

program. Upon proper application to be reinstated such vendor

may be deemed eligible by the Director providing that such

vendor meets the requirements for eligibility under this Code.

If such vendor is deemed not eligible for reinstatement, he

shall be barred from again applying for reinstatement for one

year from the date his application for reinstatement is

denied.

A vendor whose termination, suspension, or exclusion from

participation in the Illinois medical assistance program under

Article V was based solely on an action by a governmental

entity other than the Illinois Department may, upon

reinstatement by that governmental entity or upon reversal of

the termination, suspension, or exclusion, apply for

rescission of the termination, suspension, or exclusion from

participation in the Illinois medical assistance program. Upon

proper application for rescission, the vendor may be deemed

eligible by the Director if the vendor meets the requirements

for eligibility under this Code.

If a vendor has been terminated, suspended, or excluded

and reinstated to the medical assistance program under Article

V and the vendor is terminated, suspended, or excluded a

second or subsequent time from the medical assistance program,

the vendor shall be barred from participation for at least 2

years, except that if a vendor has been terminated, suspended,

or excluded a second time based on a conviction of a violation

of Article VIIIA or a conviction of a felony based on fraud or

a willful misrepresentation related to (i) the medical

assistance program under Article V, (ii) a federal or another

state's medical assistance or health care program, or (iii)

the provision of health care services, then the vendor shall

be barred from participation for life. At the end of 2 years, a

vendor who has been terminated, suspended, or excluded may

apply for reinstatement to the program. Upon application to be

reinstated, the vendor may be deemed eligible if the vendor

meets the requirements for eligibility under this Code. If the

vendor is deemed not eligible for reinstatement, the vendor

shall be barred from again applying for reinstatement for 2

years from the date the vendor's application for reinstatement

is denied.

(E) The Illinois Department may recover money improperly

or erroneously paid, or overpayments, either by setoff,

crediting against future billings or by requiring direct

repayment to the Illinois Department. The Illinois Department

may suspend or deny payment, in whole or in part, if such

payment would be improper or erroneous or would otherwise

result in overpayment.

(1) Payments may be suspended, denied, or recovered

from a vendor or alternate payee: (i) for services

rendered in violation of the Illinois Department's

provider notices, statutes, rules, and regulations; (ii)

for services rendered in violation of the terms and

conditions prescribed by the Illinois Department in its

vendor agreement; (iii) for any vendor who fails to grant

the Office of Inspector General timely access to full and

complete records, including, but not limited to, records

relating to recipients under the medical assistance

program for the most recent 6 years, in accordance with

Section 140.28 of Title 89 of the Illinois Administrative

Code, and other information for the purpose of audits,

investigations, or other program integrity functions,

after reasonable written request by the Inspector General;

this subsection (E) does not require vendors to make

available the medical records of patients for whom

services are not reimbursed under this Code or to provide

access to medical records more than 6 years old; (iv) when

the vendor has knowingly made, or caused to be made, any

false statement or representation of a material fact in

connection with the administration of the medical

assistance program; or (v) when the vendor previously

rendered services while terminated, suspended, or excluded

from participation in the medical assistance program or

while terminated or excluded from participation in another

state or federal medical assistance or health care

program.

(2) Notwithstanding any other provision of law, if a

vendor has the same taxpayer identification number

(assigned under Section 6109 of the Internal Revenue Code

of 1986) as is assigned to a vendor with past-due

financial obligations to the Illinois Department, the

Illinois Department may make any necessary adjustments to

payments to that vendor in order to satisfy any past-due

obligations, regardless of whether the vendor is assigned

a different billing number under the medical assistance

program.

(E-5) Civil monetary penalties.

(1) As used in this subsection (E-5):

(a) "Knowingly" means that a person, with respect

to information: (i) has actual knowledge of the

information; (ii) acts in deliberate ignorance of the

truth or falsity of the information; or (iii) acts in

reckless disregard of the truth or falsity of the

information. No proof of specific intent to defraud is

required.

(b) "Overpayment" means any funds that a person

receives or retains from the medical assistance

program to which the person, after applicable

reconciliation, is not entitled under this Code.

(c) "Remuneration" means the offer or transfer of

items or services for free or for other than fair

market value by a person; however, remuneration does

not include items or services of a nominal value of no

more than $10 per item or service, or $50 in the

aggregate on an annual basis, or any other offer or

transfer of items or services as determined by the

Department.

(d) "Should know" means that a person, with

respect to information: (i) acts in deliberate

ignorance of the truth or falsity of the information;

or (ii) acts in reckless disregard of the truth or

falsity of the information. No proof of specific

intent to defraud is required.

(2) Any person (including a vendor, provider,

organization, agency, or other entity, or an alternate

payee thereof, but excluding a recipient) who:

(a) knowingly presents or causes to be presented

to an officer, employee, or agent of the State, a claim

that the Department determines:

(i) is for a medical or other item or service

that the person knows or should know was not

provided as claimed, including any person who

engages in a pattern or practice of presenting or

causing to be presented a claim for an item or

service that is based on a code that the person

knows or should know will result in a greater

payment to the person than the code the person

knows or should know is applicable to the item or

service actually provided;

(ii) is for a medical or other item or service

and the person knows or should know that the claim

is false or fraudulent;

(iii) is presented for a vendor physician's

service, or an item or service incident to a

vendor physician's service, by a person who knows

or should know that the individual who furnished,

or supervised the furnishing of, the service:

(AA) was not licensed as a physician;

(BB) was licensed as a physician but such

license had been obtained through a

misrepresentation of material fact (including

cheating on an examination required for

licensing); or

(CC) represented to the patient at the

time the service was furnished that the

physician was certified in a medical specialty

by a medical specialty board, when the

individual was not so certified;

(iv) is for a medical or other item or service

furnished during a period in which the person was

excluded from the medical assistance program or a

federal or state health care program under which

the claim was made pursuant to applicable law; or

(v) is for a pattern of medical or other items

or services that a person knows or should know are

not medically necessary;

(b) knowingly presents or causes to be presented

to any person a request for payment which is in

violation of the conditions for receipt of vendor

payments under the medical assistance program under

Section 11-13 of this Code;

(c) knowingly gives or causes to be given to any

person, with respect to medical assistance program

coverage of inpatient hospital services, information

that he or she knows or should know is false or

misleading, and that could reasonably be expected to

influence the decision when to discharge such person

or other individual from the hospital;

(d) in the case of a person who is not an

organization, agency, or other entity, is excluded

from participating in the medical assistance program

or a federal or state health care program and who, at

the time of a violation of this subsection (E-5):

(i) retains a direct or indirect ownership or

control interest in an entity that is

participating in the medical assistance program or

a federal or state health care program, and who

knows or should know of the action constituting

the basis for the exclusion; or

(ii) is an officer or managing employee of

such an entity;

(e) offers or transfers remuneration to any

individual eligible for benefits under the medical

assistance program that such person knows or should

know is likely to influence such individual to order

or receive from a particular vendor, provider,

practitioner, or supplier any item or service for

which payment may be made, in whole or in part, under

the medical assistance program;

(f) arranges or contracts (by employment or

otherwise) with an individual or entity that the

person knows or should know is excluded from

participation in the medical assistance program or a

federal or state health care program, for the

provision of items or services for which payment may

be made under such a program;

(g) commits an act described in subsection (b) or

(c) of Section 8A-3;

(h) knowingly makes, uses, or causes to be made or

used, a false record or statement material to a false

or fraudulent claim for payment for items and services

furnished under the medical assistance program;

(i) fails to grant timely access, upon reasonable

request (as defined by the Department by rule), to the

Inspector General, for the purpose of audits,

investigations, evaluations, or other statutory

functions of the Inspector General of the Department;

(j) orders or prescribes a medical or other item

or service during a period in which the person was

excluded from the medical assistance program or a

federal or state health care program, in the case

where the person knows or should know that a claim for

such medical or other item or service will be made

under such a program;

(k) knowingly makes or causes to be made any false

statement, omission, or misrepresentation of a

material fact in any application, bid, or contract to

participate or enroll as a vendor or provider of

services or a supplier under the medical assistance

program;

(l) knows of an overpayment and does not report

and return the overpayment to the Department in

accordance with paragraph (6);

shall be subject, in addition to any other penalties that

may be prescribed by law, to a civil money penalty of not

more than $10,000 for each item or service (or, in cases

under subparagraph (c), $15,000 for each individual with

respect to whom false or misleading information was given;

in cases under subparagraph (d), $10,000 for each day the

prohibited relationship occurs; in cases under

subparagraph (g), $50,000 for each such act; in cases

under subparagraph (h), $50,000 for each false record or

statement; in cases under subparagraph (i), $15,000 for

each day of the failure described in such subparagraph; or

in cases under subparagraph (k), $50,000 for each false

statement, omission, or misrepresentation of a material

fact). In addition, such a person shall be subject to an

assessment of not more than 3 times the amount claimed for

each such item or service in lieu of damages sustained by

the State because of such claim (or, in cases under

subparagraph (g), damages of not more than 3 times the

total amount of remuneration offered, paid, solicited, or

received, without regard to whether a portion of such

remuneration was offered, paid, solicited, or received for

a lawful purpose; or in cases under subparagraph (k), an

assessment of not more than 3 times the total amount

claimed for each item or service for which payment was

made based upon the application, bid, or contract

containing the false statement, omission, or

misrepresentation of a material fact).

(3) In addition, the Director or his or her designee

may make a determination in the same proceeding to

exclude, terminate, suspend, or bar the person from

participation in the medical assistance program.

(4) The Illinois Department may seek the civil

monetary penalties and exclusion, termination, suspension,

or barment identified in this subsection (E-5). Prior to

the imposition of any penalties or sanctions, the affected

person shall be afforded an opportunity for a hearing

after reasonable notice. The Department shall establish

hearing procedures by rule.

(5) Any final order, decision, or other determination

made, issued, or executed by the Director under the

provisions of this subsection (E-5), whereby a person is

aggrieved, shall be subject to review in accordance with

the provisions of the Administrative Review Law, and the

rules adopted pursuant thereto, which shall apply to and

govern all proceedings for the judicial review of final

administrative decisions of the Director.

(6)(a) If a person has received an overpayment, the

person shall:

(i) report and return the overpayment to the

Department at the correct address; and

(ii) notify the Department in writing of the

reason for the overpayment.

(b) An overpayment must be reported and returned under

subparagraph (a) by the later of:

(i) the date which is 60 days after the date on

which the overpayment was identified; or

(ii) the date any corresponding cost report is

due, if applicable.

(E-10) A vendor who disputes an overpayment identified as

part of a Department audit shall utilize the Department's

self-referral disclosure protocol as set forth under this Code

to identify, investigate, and return to the Department any

undisputed audit overpayment amount. Unless the disputed

overpayment amount is subject to a fraud payment suspension,

or involves a termination sanction, the Department shall defer

the recovery of the disputed overpayment amount up to one year

after the date of the Department's final audit determination,

or earlier, or as required by State or federal law. If the

administrative hearing extends beyond one year, and such delay

was not caused by the request of the vendor, then the

Department shall not recover the disputed overpayment amount

until the date of the final administrative decision. If a

final administrative decision establishes that the disputed

overpayment amount is owed to the Department, then the amount

shall be immediately due to the Department. The Department

shall be entitled to recover interest from the vendor on the

overpayment amount from the date of the overpayment through

the date the vendor returns the overpayment to the Department

at a rate not to exceed the Wall Street Journal Prime Rate, as

published from time to time, but not to exceed 5%. Any interest

billed by the Department shall be due immediately upon receipt

of the Department's billing statement.

(F) The Illinois Department may withhold payments to any

vendor or alternate payee prior to or during the pendency of

any audit or proceeding under this Section, and through the

pendency of any administrative appeal or administrative review

by any court proceeding. The Illinois Department shall state

by rule with as much specificity as practicable the conditions

under which payments will not be withheld under this Section.

Payments may be denied for bills submitted with service dates

occurring during the pendency of a proceeding, after a final

decision has been rendered, or after the conclusion of any

administrative appeal, where the final administrative decision

is to terminate, exclude, or suspend eligibility to

participate in the medical assistance program. The Illinois

Department shall state by rule with as much specificity as

practicable the conditions under which payments will not be

denied for such bills. The Illinois Department shall state by

rule a process and criteria by which a vendor or alternate

payee may request full or partial release of payments withheld

under this subsection. The Department must complete a

proceeding under this Section in a timely manner.

Notwithstanding recovery allowed under subsection (E) or

this subsection (F), the Illinois Department may withhold

payments to any vendor or alternate payee who is not properly

licensed, certified, or in compliance with State or federal

agency regulations. Payments may be denied for bills submitted

with service dates occurring during the period of time that a

vendor is not properly licensed, certified, or in compliance

with State or federal regulations. Facilities licensed under

the Nursing Home Care Act shall have payments denied or

withheld pursuant to subsection (I) of this Section.

(F-5) The Illinois Department may temporarily withhold

payments to a vendor or alternate payee if any of the following

individuals have been indicted or otherwise charged under a

law of the United States or this or any other state with an

offense that is based on alleged fraud or willful

misrepresentation on the part of the individual related to (i)

the medical assistance program under Article V of this Code,

(ii) a federal or another state's medical assistance or health

care program, or (iii) the provision of health care services:

(1) If the vendor or alternate payee is a corporation:

an officer of the corporation or an individual who owns,

either directly or indirectly, 5% or more of the shares of

stock or other evidence of ownership of the corporation.

(2) If the vendor is a sole proprietorship: the owner

of the sole proprietorship.

(3) If the vendor or alternate payee is a partnership:

a partner in the partnership.

(4) If the vendor or alternate payee is any other

business entity authorized by law to transact business in

this State: an officer of the entity or an individual who

owns, either directly or indirectly, 5% or more of the

evidences of ownership of the entity.

If the Illinois Department withholds payments to a vendor

or alternate payee under this subsection, the Department shall

not release those payments to the vendor or alternate payee

while any criminal proceeding related to the indictment or

charge is pending unless the Department determines that there

is good cause to release the payments before completion of the

proceeding. If the indictment or charge results in the

individual's conviction, the Illinois Department shall retain

all withheld payments, which shall be considered forfeited to

the Department. If the indictment or charge does not result in

the individual's conviction, the Illinois Department shall

release to the vendor or alternate payee all withheld

payments.

(F-10) If the Illinois Department establishes that the

vendor or alternate payee owes a debt to the Illinois

Department, and the vendor or alternate payee subsequently

fails to pay or make satisfactory payment arrangements with

the Illinois Department for the debt owed, the Illinois

Department may seek all remedies available under the law of

this State to recover the debt, including, but not limited to,

wage garnishment or the filing of claims or liens against the

vendor or alternate payee.

(F-15) Enforcement of judgment.

(1) Any fine, recovery amount, other sanction, or

costs imposed, or part of any fine, recovery amount, other

sanction, or cost imposed, remaining unpaid after the

exhaustion of or the failure to exhaust judicial review

procedures under the Illinois Administrative Review Law is

a debt due and owing the State and may be collected using

all remedies available under the law.

(2) After expiration of the period in which judicial

review under the Illinois Administrative Review Law may be

sought for a final administrative decision, unless stayed

by a court of competent jurisdiction, the findings,

decision, and order of the Director may be enforced in the

same manner as a judgment entered by a court of competent

jurisdiction.

(3) In any case in which any person or entity has

failed to comply with a judgment ordering or imposing any

fine or other sanction, any expenses incurred by the

Illinois Department to enforce the judgment, including,

but not limited to, attorney's fees, court costs, and

costs related to property demolition or foreclosure, after

they are fixed by a court of competent jurisdiction or the

Director, shall be a debt due and owing the State and may

be collected in accordance with applicable law. Prior to

any expenses being fixed by a final administrative

decision pursuant to this subsection (F-15), the Illinois

Department shall provide notice to the individual or

entity that states that the individual or entity shall

appear at a hearing before the administrative hearing

officer to determine whether the individual or entity has

failed to comply with the judgment. The notice shall set

the date for such a hearing, which shall not be less than 7

days from the date that notice is served. If notice is

served by mail, the 7-day period shall begin to run on the

date that the notice was deposited in the mail.

(4) Upon being recorded in the manner required by

Article XII of the Code of Civil Procedure or by the

Uniform Commercial Code, a lien shall be imposed on the

real estate or personal estate, or both, of the individual

or entity in the amount of any debt due and owing the State

under this Section. The lien may be enforced in the same

manner as a judgment of a court of competent jurisdiction.

A lien shall attach to all property and assets of such

person, firm, corporation, association, agency,

institution, or other legal entity until the judgment is

satisfied.

(5) The Director may set aside any judgment entered by

default and set a new hearing date upon a petition filed at

any time (i) if the petitioner's failure to appear at the

hearing was for good cause, or (ii) if the petitioner

established that the Department did not provide proper

service of process. If any judgment is set aside pursuant

to this paragraph (5), the hearing officer shall have

authority to enter an order extinguishing any lien which

has been recorded for any debt due and owing the Illinois

Department as a result of the vacated default judgment.

(G) The provisions of the Administrative Review Law, as

now or hereafter amended, and the rules adopted pursuant

thereto, shall apply to and govern all proceedings for the

judicial review of final administrative decisions of the

Illinois Department under this Section. The term

"administrative decision" is defined as in Section 3-101 of

the Code of Civil Procedure.

(G-5) Vendors who pose a risk of fraud, waste, abuse, or

harm.

(1) Notwithstanding any other provision in this

Section, the Department may terminate, suspend, or exclude

vendors who pose a risk of fraud, waste, abuse, or harm

from participation in the medical assistance program prior

to an evidentiary hearing but after reasonable notice and

opportunity to respond as established by the Department by

rule.

(2) Vendors who pose a risk of fraud, waste, abuse, or

harm shall submit to a fingerprint-based criminal

background check on current and future information

available in the State system and current information

available through the Federal Bureau of Investigation's

system by submitting all necessary fees and information in

the form and manner prescribed by the Illinois Department

of State Police. The following individuals shall be

subject to the check:

(A) In the case of a vendor that is a corporation,

every shareholder who owns, directly or indirectly, 5%

or more of the outstanding shares of the corporation.

(B) In the case of a vendor that is a partnership,

every partner.

(C) In the case of a vendor that is a sole

proprietorship, the sole proprietor.

(D) Each officer or manager of the vendor.

Each such vendor shall be responsible for payment of

the cost of the criminal background check.

(3) Vendors who pose a risk of fraud, waste, abuse, or

harm may be required to post a surety bond. The Department

shall establish, by rule, the criteria and requirements

for determining when a surety bond must be posted and the

value of the bond.

(4) The Department, or its agents, may refuse to

accept requests for authorization from specific vendors

who pose a risk of fraud, waste, abuse, or harm, including

prior-approval and post-approval requests, if:

(A) the Department has initiated a notice of

termination, suspension, or exclusion of the vendor

from participation in the medical assistance program;

or

(B) the Department has issued notification of its

withholding of payments pursuant to subsection (F-5)

of this Section; or

(C) the Department has issued a notification of

its withholding of payments due to reliable evidence

of fraud or willful misrepresentation pending

investigation.

(5) As used in this subsection, the following terms

are defined as follows:

(A) "Fraud" means an intentional deception or

misrepresentation made by a person with the knowledge

that the deception could result in some unauthorized

benefit to himself or herself or some other person. It

includes any act that constitutes fraud under

applicable federal or State law.

(B) "Abuse" means provider practices that are

inconsistent with sound fiscal, business, or medical

practices and that result in an unnecessary cost to

the medical assistance program or in reimbursement for

services that are not medically necessary or that fail

to meet professionally recognized standards for health

care. It also includes recipient practices that result

in unnecessary cost to the medical assistance program.

Abuse does not include diagnostic or therapeutic

measures conducted primarily as a safeguard against

possible vendor liability.

(C) "Waste" means the unintentional misuse of

medical assistance resources, resulting in unnecessary

cost to the medical assistance program. Waste does not

include diagnostic or therapeutic measures conducted

primarily as a safeguard against possible vendor

liability.

(D) "Harm" means physical, mental, or monetary

damage to recipients or to the medical assistance

program.

(G-6) The Illinois Department, upon making a determination

based upon information in the possession of the Illinois

Department that continuation of participation in the medical

assistance program by a vendor would constitute an immediate

danger to the public, may immediately suspend such vendor's

participation in the medical assistance program without a

hearing. In instances in which the Illinois Department

immediately suspends the medical assistance program

participation of a vendor under this Section, a hearing upon

the vendor's participation must be convened by the Illinois

Department within 15 days after such suspension and completed

without appreciable delay. Such hearing shall be held to

determine whether to recommend to the Director that the

vendor's medical assistance program participation be denied,

terminated, suspended, placed on provisional status, or

reinstated. In the hearing, any evidence relevant to the

vendor constituting an immediate danger to the public may be

introduced against such vendor; provided, however, that the

vendor, or his or her counsel, shall have the opportunity to

discredit, impeach, and submit evidence rebutting such

evidence.

(H) Nothing contained in this Code shall in any way limit

or otherwise impair the authority or power of any State agency

responsible for licensing of vendors.

(I) Based on a finding of noncompliance on the part of a

nursing home with any requirement for certification under

Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.

1395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois

Department may impose one or more of the following remedies

after notice to the facility:

(1) Termination of the provider agreement.

(2) Temporary management.

(3) Denial of payment for new admissions.

(4) Civil money penalties.

(5) Closure of the facility in emergency situations or

transfer of residents, or both.

(6) State monitoring.

(7) Denial of all payments when the U.S. Department of

Health and Human Services has imposed this sanction.

The Illinois Department shall by rule establish criteria

governing continued payments to a nursing facility subsequent

to termination of the facility's provider agreement if, in the

sole discretion of the Illinois Department, circumstances

affecting the health, safety, and welfare of the facility's

residents require those continued payments. The Illinois

Department may condition those continued payments on the

appointment of temporary management, sale of the facility to

new owners or operators, or other arrangements that the

Illinois Department determines best serve the needs of the

facility's residents.

Except in the case of a facility that has a right to a

hearing on the finding of noncompliance before an agency of

the federal government, a facility may request a hearing

before a State agency on any finding of noncompliance within

60 days after the notice of the intent to impose a remedy.

Except in the case of civil money penalties, a request for a

hearing shall not delay imposition of the penalty. The choice

of remedies is not appealable at a hearing. The level of

noncompliance may be challenged only in the case of a civil

money penalty. The Illinois Department shall provide by rule

for the State agency that will conduct the evidentiary

hearings.

The Illinois Department may collect interest on unpaid

civil money penalties.

The Illinois Department may adopt all rules necessary to

implement this subsection (I).

(J) The Illinois Department, by rule, may permit

individual practitioners to designate that Department payments

that may be due the practitioner be made to an alternate payee

or alternate payees.

(a) Such alternate payee or alternate payees shall be

required to register as an alternate payee in the Medical

Assistance Program with the Illinois Department.

(b) If a practitioner designates an alternate payee,

the alternate payee and practitioner shall be jointly and

severally liable to the Department for payments made to

the alternate payee. Pursuant to subsection (E) of this

Section, any Department action to suspend or deny payment

or recover money or overpayments from an alternate payee

shall be subject to an administrative hearing.

(c) Registration as an alternate payee or alternate

payees in the Illinois Medical Assistance Program shall be

conditional. At any time, the Illinois Department may deny

or cancel any alternate payee's registration in the

Illinois Medical Assistance Program without cause. Any

such denial or cancellation is not subject to an

administrative hearing.

(d) The Illinois Department may seek a revocation of

any alternate payee, and all owners, officers, and

individuals with management responsibility for such

alternate payee shall be permanently prohibited from

participating as an owner, an officer, or an individual

with management responsibility with an alternate payee in

the Illinois Medical Assistance Program, if after

reasonable notice and opportunity for a hearing the

Illinois Department finds that:

(1) the alternate payee is not complying with the

Department's policy or rules and regulations, or with

the terms and conditions prescribed by the Illinois

Department in its alternate payee registration

agreement; or

(2) the alternate payee has failed to keep or make

available for inspection, audit, or copying, after

receiving a written request from the Illinois

Department, such records regarding payments claimed as

an alternate payee; or

(3) the alternate payee has failed to furnish any

information requested by the Illinois Department

regarding payments claimed as an alternate payee; or

(4) the alternate payee has knowingly made, or

caused to be made, any false statement or

representation of a material fact in connection with

the administration of the Illinois Medical Assistance

Program; or

(5) the alternate payee, a person with management

responsibility for an alternate payee, an officer or

person owning, either directly or indirectly, 5% or

more of the shares of stock or other evidences of

ownership in a corporate alternate payee, or a partner

in a partnership which is an alternate payee:

(a) was previously terminated, suspended, or

excluded from participation as a vendor in the

Illinois Medical Assistance Program, or was

previously revoked as an alternate payee in the

Illinois Medical Assistance Program, or was

terminated, suspended, or excluded from

participation as a vendor in a medical assistance

program in another state that is of the same kind

as the program of medical assistance provided

under Article V of this Code; or

(b) was a person with management

responsibility for a vendor previously terminated,

suspended, or excluded from participation as a

vendor in the Illinois Medical Assistance Program,

or was previously revoked as an alternate payee in

the Illinois Medical Assistance Program, or was

terminated, suspended, or excluded from

participation as a vendor in a medical assistance

program in another state that is of the same kind

as the program of medical assistance provided

under Article V of this Code, during the time of

conduct which was the basis for that vendor's

termination, suspension, or exclusion or alternate

payee's revocation; or

(c) was an officer, or person owning, either

directly or indirectly, 5% or more of the shares

of stock or other evidences of ownership in a

corporate vendor previously terminated, suspended,

or excluded from participation as a vendor in the

Illinois Medical Assistance Program, or was

previously revoked as an alternate payee in the

Illinois Medical Assistance Program, or was

terminated, suspended, or excluded from

participation as a vendor in a medical assistance

program in another state that is of the same kind

as the program of medical assistance provided

under Article V of this Code, during the time of

conduct which was the basis for that vendor's

termination, suspension, or exclusion; or

(d) was an owner of a sole proprietorship or

partner in a partnership previously terminated,

suspended, or excluded from participation as a

vendor in the Illinois Medical Assistance Program,

or was previously revoked as an alternate payee in

the Illinois Medical Assistance Program, or was

terminated, suspended, or excluded from

participation as a vendor in a medical assistance

program in another state that is of the same kind

as the program of medical assistance provided

under Article V of this Code, during the time of

conduct which was the basis for that vendor's

termination, suspension, or exclusion or alternate

payee's revocation; or

(6) the alternate payee, a person with management

responsibility for an alternate payee, an officer or

person owning, either directly or indirectly, 5% or

more of the shares of stock or other evidences of

ownership in a corporate alternate payee, or a partner

in a partnership which is an alternate payee:

(a) has engaged in conduct prohibited by

applicable federal or State law or regulation

relating to the Illinois Medical Assistance

Program; or

(b) was a person with management

responsibility for a vendor or alternate payee at

the time that the vendor or alternate payee

engaged in practices prohibited by applicable

federal or State law or regulation relating to the

Illinois Medical Assistance Program; or

(c) was an officer, or person owning, either

directly or indirectly, 5% or more of the shares

of stock or other evidences of ownership in a

vendor or alternate payee at the time such vendor

or alternate payee engaged in practices prohibited

by applicable federal or State law or regulation

relating to the Illinois Medical Assistance

Program; or

(d) was an owner of a sole proprietorship or

partner in a partnership which was a vendor or

alternate payee at the time such vendor or

alternate payee engaged in practices prohibited by

applicable federal or State law or regulation

relating to the Illinois Medical Assistance

Program; or

(7) the direct or indirect ownership of the vendor

or alternate payee (including the ownership of a

vendor or alternate payee that is a partner's interest

in a vendor or alternate payee, or ownership of 5% or

more of the shares of stock or other evidences of

ownership in a corporate vendor or alternate payee)

has been transferred by an individual who is

terminated, suspended, or excluded or barred from

participating as a vendor or is prohibited or revoked

as an alternate payee to the individual's spouse,

child, brother, sister, parent, grandparent,

grandchild, uncle, aunt, niece, nephew, cousin, or

relative by marriage.

(K) The Illinois Department of Healthcare and Family

Services may withhold payments, in whole or in part, to a

provider or alternate payee where there is credible evidence,

received from State or federal law enforcement or federal

oversight agencies or from the results of a preliminary

Department audit, that the circumstances giving rise to the

need for a withholding of payments may involve fraud or

willful misrepresentation under the Illinois Medical

Assistance program. The Department shall by rule define what

constitutes "credible" evidence for purposes of this

subsection. The Department may withhold payments without first

notifying the provider or alternate payee of its intention to

withhold such payments. A provider or alternate payee may

request a reconsideration of payment withholding, and the

Department must grant such a request. The Department shall

state by rule a process and criteria by which a provider or

alternate payee may request full or partial release of

payments withheld under this subsection. This request may be

made at any time after the Department first withholds such

payments.

(a) The Illinois Department must send notice of its

withholding of program payments within 5 days of taking

such action. The notice must set forth the general

allegations as to the nature of the withholding action,

but need not disclose any specific information concerning

its ongoing investigation. The notice must do all of the

following:

(1) State that payments are being withheld in

accordance with this subsection.

(2) State that the withholding is for a temporary

period, as stated in paragraph (b) of this subsection,

and cite the circumstances under which withholding

will be terminated.

(3) Specify, when appropriate, which type or types

of Medicaid claims withholding is effective.

(4) Inform the provider or alternate payee of the

right to submit written evidence for reconsideration

of the withholding by the Illinois Department.

(5) Inform the provider or alternate payee that a

written request may be made to the Illinois Department

for full or partial release of withheld payments and

that such requests may be made at any time after the

Department first withholds such payments.

(b) All withholding-of-payment actions under this

subsection shall be temporary and shall not continue after

any of the following:

(1) The Illinois Department or the prosecuting

authorities determine that there is insufficient

evidence of fraud or willful misrepresentation by the

provider or alternate payee.

(2) Legal proceedings related to the provider's or

alternate payee's alleged fraud, willful

misrepresentation, violations of this Act, or

violations of the Illinois Department's administrative

rules are completed.

(3) The withholding of payments for a period of 3

years.

(c) The Illinois Department may adopt all rules

necessary to implement this subsection (K).

(K-5) The Illinois Department may withhold payments, in

whole or in part, to a provider or alternate payee upon

initiation of an audit, quality of care review, investigation

when there is a credible allegation of fraud, or the provider

or alternate payee demonstrating a clear failure to cooperate

with the Illinois Department such that the circumstances give

rise to the need for a withholding of payments. As used in this

subsection, "credible allegation" is defined to include an

allegation from any source, including, but not limited to,

fraud hotline complaints, claims data mining, patterns

identified through provider audits, civil actions filed under

the Illinois False Claims Act, and law enforcement

investigations. An allegation is considered to be credible

when it has indicia of reliability. The Illinois Department

may withhold payments without first notifying the provider or

alternate payee of its intention to withhold such payments. A

provider or alternate payee may request a hearing or a

reconsideration of payment withholding, and the Illinois

Department must grant such a request. The Illinois Department

shall state by rule a process and criteria by which a provider

or alternate payee may request a hearing or a reconsideration

for the full or partial release of payments withheld under

this subsection. This request may be made at any time after the

Illinois Department first withholds such payments.

(a) The Illinois Department must send notice of its

withholding of program payments within 5 days of taking

such action. The notice must set forth the general

allegations as to the nature of the withholding action but

need not disclose any specific information concerning its

ongoing investigation. The notice must do all of the

following:

(1) State that payments are being withheld in

accordance with this subsection.

(2) State that the withholding is for a temporary

period, as stated in paragraph (b) of this subsection,

and cite the circumstances under which withholding

will be terminated.

(3) Specify, when appropriate, which type or types

of claims are withheld.

(4) Inform the provider or alternate payee of the

right to request a hearing or a reconsideration of the

withholding by the Illinois Department, including the

ability to submit written evidence.

(5) Inform the provider or alternate payee that a

written request may be made to the Illinois Department

for a hearing or a reconsideration for the full or

partial release of withheld payments and that such

requests may be made at any time after the Illinois

Department first withholds such payments.

(b) All withholding of payment actions under this

subsection shall be temporary and shall not continue after

any of the following:

(1) The Illinois Department determines that there

is insufficient evidence of fraud, or the provider or

alternate payee demonstrates clear cooperation with

the Illinois Department, as determined by the Illinois

Department, such that the circumstances do not give

rise to the need for withholding of payments; or

(2) The withholding of payments has lasted for a

period in excess of 3 years.

(c) The Illinois Department may adopt all rules

necessary to implement this subsection (K-5).

(L) The Illinois Department shall establish a protocol to

enable health care providers to disclose an actual or

potential violation of this Section pursuant to a

self-referral disclosure protocol, referred to in this

subsection as "the protocol". The protocol shall include

direction for health care providers on a specific person,

official, or office to whom such disclosures shall be made.

The Illinois Department shall post information on the protocol

on the Illinois Department's public website. The Illinois

Department may adopt rules necessary to implement this

subsection (L). In addition to other factors that the Illinois

Department finds appropriate, the Illinois Department may

consider a health care provider's timely use or failure to use

the protocol in considering the provider's failure to comply

with this Code.

(M) Notwithstanding any other provision of this Code, the

Illinois Department, at its discretion, may exempt an entity

licensed under the Nursing Home Care Act, the ID/DD Community

Care Act, or the MC/DD Act from the provisions of subsections

(A-15), (B), and (C) of this Section if the licensed entity is

in receivership.

(Source: P.A. 98-214, eff. 8-9-13; 98-550, eff. 8-27-13;

98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)

Section 740. The Housing Authorities Act is amended by

changing Section 25 as follows:

(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)

Sec. 25. Rentals and tenant selection. In the operation or

management of housing projects an Authority shall at all times

observe the following duties with respect to rentals and

tenant selection:

(a) It shall not accept any person as a tenant in any

dwelling in a housing project if the persons who would occupy

the dwelling have an aggregate annual income which equals or

exceeds the amount which the Authority determines (which

determination shall be conclusive) to be necessary in order to

enable such persons to secure safe, sanitary and uncongested

dwelling accommodations within the area of operation of the

Authority and to provide an adequate standard of living for

themselves.

(b) It may rent or lease the dwelling accommodations

therein only at rentals within the financial reach of persons

who lack the amount of income which it determines (pursuant to

(a) of this Section) to be necessary in order to obtain safe,

sanitary and uncongested dwelling accommodations within the

area of operation of the Authority and to provide an adequate

standard of living.

(c) It may rent or lease to a tenant a dwelling consisting

of the number of rooms (but no greater number) which it deems

necessary to provide safe and sanitary accommodations to the

proposed occupants thereof, without overcrowding.

(d) It shall not change the residency preference of any

prospective tenant once the application has been accepted by

the authority.

(e) It may refuse to certify or recertify applicants,

current tenants, or other household members if, after due

notice and an impartial hearing, that person or any of the

proposed occupants of the dwelling has, prior to or during a

term of tenancy or occupancy in any housing project operated

by an Authority, been convicted of a criminal offense relating

to the sale or distribution of controlled substances under the

laws of this State, the United States or any other state. If an

Authority desires a criminal history records check of all 50

states or a 50-state confirmation of a conviction record, the

Authority shall submit the fingerprints of the relevant

applicant, tenant, or other household member to the Illinois

Department of State Police in a manner prescribed by the

Illinois Department of State Police. These fingerprints shall

be checked against the fingerprint records now and hereafter

filed in the Illinois Department of State Police and Federal

Bureau of Investigation criminal history records databases.

The Illinois Department of State Police shall charge a fee for

conducting the criminal history records check, which shall be

deposited in the State Police Services Fund and shall not

exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish pursuant to positive

identification, records of conviction to the Authority.

(f) It may, if a tenant has created or maintained a threat

constituting a serious and clear danger to the health or

safety of other tenants or Authority employees, after 3 days'

written notice of termination and without a hearing, file suit

against any such tenant for recovery of possession of the

premises. The tenant shall be given the opportunity to contest

the termination in the court proceedings. A serious and clear

danger to the health or safety of other tenants or Authority

employees shall include, but not be limited to, any of the

following activities of the tenant or of any other person on

the premises with the consent of the tenant:

(1) Physical assault or the threat of physical

assault.

(2) Illegal use of a firearm or other weapon or the

threat to use in an illegal manner a firearm or other

weapon.

(3) Possession of a controlled substance by the tenant

or any other person on the premises with the consent of the

tenant if the tenant knew or should have known of the

possession by the other person of a controlled substance,

unless the controlled substance was obtained directly from

or pursuant to a valid prescription.

(4) Streetgang membership as defined in the Illinois

Streetgang Terrorism Omnibus Prevention Act.

The management of low-rent public housing projects

financed and developed under the U.S. Housing Act of 1937

shall be in accordance with that Act.

Nothing contained in this Section or any other Section of

this Act shall be construed as limiting the power of an

Authority to vest in a bondholder or trustee the right, in the

event of a default by the Authority, to take possession and

operate a housing project or cause the appointment of a

receiver thereof, free from all restrictions imposed by this

Section or any other Section of this Act.

(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)

Section 745. The Adult Protective Services Act is amended

by changing Section 3.5 as follows:

(320 ILCS 20/3.5)

Sec. 3.5. Other responsibilities. The Department shall

also be responsible for the following activities, contingent

upon adequate funding; implementation shall be expanded to

adults with disabilities upon the effective date of this

amendatory Act of the 98th General Assembly, except those

responsibilities under subsection (a), which shall be

undertaken as soon as practicable:

(a) promotion of a wide range of endeavors for the

purpose of preventing abuse, neglect, financial

exploitation, and self-neglect, including, but not limited

to, promotion of public and professional education to

increase awareness of abuse, neglect, financial

exploitation, and self-neglect; to increase reports; to

establish access to and use of the Registry established

under Section 7.5; and to improve response by various

legal, financial, social, and health systems;

(b) coordination of efforts with other agencies,

councils, and like entities, to include but not be limited

to, the Administrative Office of the Illinois Courts, the

Office of the Attorney General, the Illinois State Police,

the Illinois Law Enforcement Training Standards Board, the

State Triad, the Illinois Criminal Justice Information

Authority, the Departments of Public Health, Healthcare

and Family Services, and Human Services, the Illinois

Guardianship and Advocacy Commission, the Family Violence

Coordinating Council, the Illinois Violence Prevention

Authority, and other entities which may impact awareness

of, and response to, abuse, neglect, financial

exploitation, and self-neglect;

(c) collection and analysis of data;

(d) monitoring of the performance of regional

administrative agencies and adult protective services

agencies;

(e) promotion of prevention activities;

(f) establishing and coordinating an aggressive

training program on the unique nature of adult abuse cases

with other agencies, councils, and like entities, to

include but not be limited to the Office of the Attorney

General, the Illinois State Police, the Illinois Law

Enforcement Training Standards Board, the State Triad, the

Illinois Criminal Justice Information Authority, the State

Departments of Public Health, Healthcare and Family

Services, and Human Services, the Family Violence

Coordinating Council, the Illinois Violence Prevention

Authority, the agency designated by the Governor under

Section 1 of the Protection and Advocacy for Persons with

Developmental Disabilities Act, and other entities that

may impact awareness of and response to abuse, neglect,

financial exploitation, and self-neglect;

(g) solicitation of financial institutions for the

purpose of making information available to the general

public warning of financial exploitation of adults and

related financial fraud or abuse, including such

information and warnings available through signage or

other written materials provided by the Department on the

premises of such financial institutions, provided that the

manner of displaying or distributing such information is

subject to the sole discretion of each financial

institution;

(g-1) developing by joint rulemaking with the

Department of Financial and Professional Regulation

minimum training standards which shall be used by

financial institutions for their current and new employees

with direct customer contact; the Department of Financial

and Professional Regulation shall retain sole visitation

and enforcement authority under this subsection (g-1); the

Department of Financial and Professional Regulation shall

provide bi-annual reports to the Department setting forth

aggregate statistics on the training programs required

under this subsection (g-1); and

(h) coordinating efforts with utility and electric

companies to send notices in utility bills to explain to

persons 60 years of age or older their rights regarding

telemarketing and home repair fraud.

(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;

99-143, eff. 7-27-15.)

Section 755. The Abused and Neglected Child Reporting Act

is amended by changing Sections 7.3, 7.4, and 11.1 as follows:

(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)

Sec. 7.3. (a) The Department shall be the sole agency

responsible for receiving and investigating reports of child

abuse or neglect made under this Act, including reports of

adult resident abuse or neglect as defined in this Act, except

where investigations by other agencies may be required with

respect to reports alleging the abuse or neglect of a child by

a person who is not the child's parent, a member of the child's

immediate family, a person responsible for the child's

welfare, an individual residing in the same home as the child,

or a paramour of the child's parent, the death of a child,

serious injury to a child or sexual abuse to a child made

pursuant to Sections 4.1 or 7 of this Act, and except that the

Department may delegate the performance of the investigation

to the Illinois Department of State Police, a law enforcement

agency and to those private social service agencies which have

been designated for this purpose by the Department prior to

July 1, 1980.

(b) Notwithstanding any other provision of this Act, the

Department shall adopt rules expressly allowing law

enforcement personnel to investigate reports of suspected

child abuse or neglect concurrently with the Department,

without regard to whether the Department determines a report

to be "indicated" or "unfounded" or deems a report to be

"undetermined".

(c) By June 1, 2016, the Department shall adopt rules that

address and set forth criteria and standards relevant to

investigations of reports of abuse or neglect committed by any

agency, as defined in Section 3 of this Act, or person working

for an agency responsible for the welfare of a child or adult

resident.

(Source: P.A. 101-583, eff. 1-1-20.)

(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)

Sec. 7.4. (a) The Department shall be capable of receiving

reports of suspected child abuse or neglect 24 hours a day, 7

days a week. Whenever the Department receives a report

alleging that a child is a truant as defined in Section 26-2a

of the School Code, as now or hereafter amended, the

Department shall notify the superintendent of the school

district in which the child resides and the appropriate

superintendent of the educational service region. The

notification to the appropriate officials by the Department

shall not be considered an allegation of abuse or neglect

under this Act.

(a-5) The Department of Children and Family Services may

implement a "differential response program" in accordance with

criteria, standards, and procedures prescribed by rule. The

program may provide that, upon receiving a report, the

Department shall determine whether to conduct a family

assessment or an investigation as appropriate to prevent or

provide a remedy for child abuse or neglect.

For purposes of this subsection (a-5), "family assessment"

means a comprehensive assessment of child safety, risk of

subsequent child maltreatment, and family strengths and needs

that is applied to a child maltreatment report that does not

allege substantial child endangerment. "Family assessment"

does not include a determination as to whether child

maltreatment occurred but does determine the need for services

to address the safety of family members and the risk of

subsequent maltreatment.

For purposes of this subsection (a-5), "investigation"

means fact-gathering related to the current safety of a child

and the risk of subsequent abuse or neglect that determines

whether a report of suspected child abuse or neglect should be

indicated or unfounded and whether child protective services

are needed.

Under the "differential response program" implemented

under this subsection (a-5), the Department:

(1) Shall conduct an investigation on reports

involving substantial child abuse or neglect.

(2) Shall begin an immediate investigation if, at any

time when it is using a family assessment response, it

determines that there is reason to believe that

substantial child abuse or neglect or a serious threat to

the child's safety exists.

(3) May conduct a family assessment for reports that

do not allege substantial child endangerment. In

determining that a family assessment is appropriate, the

Department may consider issues, including, but not limited

to, child safety, parental cooperation, and the need for

an immediate response.

(4) Shall promulgate criteria, standards, and

procedures that shall be applied in making this

determination, taking into consideration the Child

Endangerment Risk Assessment Protocol of the Department.

(5) May conduct a family assessment on a report that

was initially screened and assigned for an investigation.

In determining that a complete investigation is not

required, the Department must document the reason for

terminating the investigation and notify the local law

enforcement agency or the Illinois Department of State Police

if the local law enforcement agency or Illinois Department of

State Police is conducting a joint investigation.

Once it is determined that a "family assessment" will be

implemented, the case shall not be reported to the central

register of abuse and neglect reports.

During a family assessment, the Department shall collect

any available and relevant information to determine child

safety, risk of subsequent abuse or neglect, and family

strengths.

Information collected includes, but is not limited to,

when relevant: information with regard to the person reporting

the alleged abuse or neglect, including the nature of the

reporter's relationship to the child and to the alleged

offender, and the basis of the reporter's knowledge for the

report; the child allegedly being abused or neglected; the

alleged offender; the child's caretaker; and other collateral

sources having relevant information related to the alleged

abuse or neglect. Information relevant to the assessment must

be asked for, and may include:

(A) The child's sex and age, prior reports of abuse or

neglect, information relating to developmental

functioning, credibility of the child's statement, and

whether the information provided under this paragraph (A)

is consistent with other information collected during the

course of the assessment or investigation.

(B) The alleged offender's age, a record check for

prior reports of abuse or neglect, and criminal charges

and convictions. The alleged offender may submit

supporting documentation relevant to the assessment.

(C) Collateral source information regarding the

alleged abuse or neglect and care of the child. Collateral

information includes, when relevant: (i) a medical

examination of the child; (ii) prior medical records

relating to the alleged maltreatment or care of the child

maintained by any facility, clinic, or health care

professional, and an interview with the treating

professionals; and (iii) interviews with the child's

caretakers, including the child's parent, guardian, foster

parent, child care provider, teachers, counselors, family

members, relatives, and other persons who may have

knowledge regarding the alleged maltreatment and the care

of the child.

(D) Information on the existence of domestic abuse and

violence in the home of the child, and substance abuse.

Nothing in this subsection (a-5) precludes the Department

from collecting other relevant information necessary to

conduct the assessment or investigation. Nothing in this

subsection (a-5) shall be construed to allow the name or

identity of a reporter to be disclosed in violation of the

protections afforded under Section 7.19 of this Act.

After conducting the family assessment, the Department

shall determine whether services are needed to address the

safety of the child and other family members and the risk of

subsequent abuse or neglect.

Upon completion of the family assessment, if the

Department concludes that no services shall be offered, then

the case shall be closed. If the Department concludes that

services shall be offered, the Department shall develop a

family preservation plan and offer or refer services to the

family.

At any time during a family assessment, if the Department

believes there is any reason to stop the assessment and

conduct an investigation based on the information discovered,

the Department shall do so.

The procedures available to the Department in conducting

investigations under this Act shall be followed as appropriate

during a family assessment.

If the Department implements a differential response

program authorized under this subsection (a-5), the Department

shall arrange for an independent evaluation of the program for

at least the first 3 years of implementation to determine

whether it is meeting the goals in accordance with Section 2 of

this Act.

The Department may adopt administrative rules necessary

for the execution of this Section, in accordance with Section

4 of the Children and Family Services Act.

The Department shall submit a report to the General

Assembly by January 15, 2018 on the implementation progress

and recommendations for additional needed legislative changes.

(b)(1) The following procedures shall be followed in the

investigation of all reports of suspected abuse or neglect of

a child, except as provided in subsection (c) of this Section.

(2) If, during a family assessment authorized by

subsection (a-5) or an investigation, it appears that the

immediate safety or well-being of a child is endangered, that

the family may flee or the child disappear, or that the facts

otherwise so warrant, the Child Protective Service Unit shall

commence an investigation immediately, regardless of the time

of day or night. All other investigations shall be commenced

within 24 hours of receipt of the report. Upon receipt of a

report, the Child Protective Service Unit shall conduct a

family assessment authorized by subsection (a-5) or begin an

initial investigation and make an initial determination

whether the report is a good faith indication of alleged child

abuse or neglect.

(3) Based on an initial investigation, if the Unit

determines the report is a good faith indication of alleged

child abuse or neglect, then a formal investigation shall

commence and, pursuant to Section 7.12 of this Act, may or may

not result in an indicated report. The formal investigation

shall include: direct contact with the subject or subjects of

the report as soon as possible after the report is received; an

evaluation of the environment of the child named in the report

and any other children in the same environment; a

determination of the risk to such children if they continue to

remain in the existing environments, as well as a

determination of the nature, extent and cause of any condition

enumerated in such report; the name, age and condition of

other children in the environment; and an evaluation as to

whether there would be an immediate and urgent necessity to

remove the child from the environment if appropriate family

preservation services were provided. After seeing to the

safety of the child or children, the Department shall

forthwith notify the subjects of the report in writing, of the

existence of the report and their rights existing under this

Act in regard to amendment or expungement. To fulfill the

requirements of this Section, the Child Protective Service

Unit shall have the capability of providing or arranging for

comprehensive emergency services to children and families at

all times of the day or night.

(4) If (i) at the conclusion of the Unit's initial

investigation of a report, the Unit determines the report to

be a good faith indication of alleged child abuse or neglect

that warrants a formal investigation by the Unit, the

Department, any law enforcement agency or any other

responsible agency and (ii) the person who is alleged to have

caused the abuse or neglect is employed or otherwise engaged

in an activity resulting in frequent contact with children and

the alleged abuse or neglect are in the course of such

employment or activity, then the Department shall, except in

investigations where the Director determines that such

notification would be detrimental to the Department's

investigation, inform the appropriate supervisor or

administrator of that employment or activity that the Unit has

commenced a formal investigation pursuant to this Act, which

may or may not result in an indicated report. The Department

shall also notify the person being investigated, unless the

Director determines that such notification would be

detrimental to the Department's investigation.

(c) In an investigation of a report of suspected abuse or

neglect of a child by a school employee at a school or on

school grounds, the Department shall make reasonable efforts

to follow the following procedures:

(1) Investigations involving teachers shall not, to

the extent possible, be conducted when the teacher is

scheduled to conduct classes. Investigations involving

other school employees shall be conducted so as to

minimize disruption of the school day. The school employee

accused of child abuse or neglect may have his superior,

his association or union representative and his attorney

present at any interview or meeting at which the teacher

or administrator is present. The accused school employee

shall be informed by a representative of the Department,

at any interview or meeting, of the accused school

employee's due process rights and of the steps in the

investigation process. These due process rights shall also

include the right of the school employee to present

countervailing evidence regarding the accusations. In an

investigation in which the alleged perpetrator of abuse or

neglect is a school employee, including, but not limited

to, a school teacher or administrator, and the

recommendation is to determine the report to be indicated,

in addition to other procedures as set forth and defined

in Department rules and procedures, the employee's due

process rights shall also include: (i) the right to a copy

of the investigation summary; (ii) the right to review the

specific allegations which gave rise to the investigation;

and (iii) the right to an administrator's teleconference

which shall be convened to provide the school employee

with the opportunity to present documentary evidence or

other information that supports his or her position and to

provide information before a final finding is entered.

(2) If a report of neglect or abuse of a child by a

teacher or administrator does not involve allegations of

sexual abuse or extreme physical abuse, the Child

Protective Service Unit shall make reasonable efforts to

conduct the initial investigation in coordination with the

employee's supervisor.

If the Unit determines that the report is a good faith

indication of potential child abuse or neglect, it shall

then commence a formal investigation under paragraph (3)

of subsection (b) of this Section.

(3) If a report of neglect or abuse of a child by a

teacher or administrator involves an allegation of sexual

abuse or extreme physical abuse, the Child Protective Unit

shall commence an investigation under paragraph (2) of

subsection (b) of this Section.

(c-5) In any instance in which a report is made or caused

to made by a school district employee involving the conduct of

a person employed by the school district, at the time the

report was made, as required under Section 4 of this Act, the

Child Protective Service Unit shall send a copy of its final

finding report to the general superintendent of that school

district.

(c-10) The Department may recommend that a school district

remove a school employee who is the subject of an

investigation from his or her employment position pending the

outcome of the investigation; however, all employment

decisions regarding school personnel shall be the sole

responsibility of the school district or employer. The

Department may not require a school district to remove a

school employee from his or her employment position or limit

the school employee's duties pending the outcome of an

investigation.

(d) If the Department has contact with an employer, or

with a religious institution or religious official having

supervisory or hierarchical authority over a member of the

clergy accused of the abuse of a child, in the course of its

investigation, the Department shall notify the employer or the

religious institution or religious official, in writing, when

a report is unfounded so that any record of the investigation

can be expunged from the employee's or member of the clergy's

personnel or other records. The Department shall also notify

the employee or the member of the clergy, in writing, that

notification has been sent to the employer or to the

appropriate religious institution or religious official

informing the employer or religious institution or religious

official that the Department's investigation has resulted in

an unfounded report.

(d-1) Whenever a report alleges that a child was abused or

neglected while receiving care in a hospital, including a

freestanding psychiatric hospital licensed by the Department

of Public Health, the Department shall send a copy of its final

finding to the Director of Public Health and the Director of

Healthcare and Family Services.

(e) Upon request by the Department, the Illinois

Department of State Police and law enforcement agencies are

authorized to provide criminal history record information as

defined in the Illinois Uniform Conviction Information Act and

information maintained in the adjudicatory and dispositional

record system as defined in Section 2605-355 of the Illinois

Department of State Police Law (20 ILCS 2605/2605-355) to

properly designated employees of the Department of Children

and Family Services if the Department determines the

information is necessary to perform its duties under the

Abused and Neglected Child Reporting Act, the Child Care Act

of 1969, and the Children and Family Services Act. The request

shall be in the form and manner required by the Illinois

Department of State Police. Any information obtained by the

Department of Children and Family Services under this Section

is confidential and may not be transmitted outside the

Department of Children and Family Services other than to a

court of competent jurisdiction or unless otherwise authorized

by law. Any employee of the Department of Children and Family

Services who transmits confidential information in violation

of this Section or causes the information to be transmitted in

violation of this Section is guilty of a Class A misdemeanor

unless the transmittal of the information is authorized by

this Section or otherwise authorized by law.

(f) For purposes of this Section, "child abuse or neglect"

includes abuse or neglect of an adult resident as defined in

this Act.

(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;

100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff.

1-1-20.)

(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)

Sec. 11.1. Access to records.

(a) A person shall have access to the records described in

Section 11 only in furtherance of purposes directly connected

with the administration of this Act or the Intergovernmental

Missing Child Recovery Act of 1984. Those persons and purposes

for access include:

(1) Department staff in the furtherance of their

responsibilities under this Act, or for the purpose of

completing background investigations on persons or

agencies licensed by the Department or with whom the

Department contracts for the provision of child welfare

services.

(2) A law enforcement agency investigating known or

suspected child abuse or neglect, known or suspected

involvement with child pornography, known or suspected

criminal sexual assault, known or suspected criminal

sexual abuse, or any other sexual offense when a child is

alleged to be involved.

(3) The Illinois Department of State Police when

administering the provisions of the Intergovernmental

Missing Child Recovery Act of 1984.

(4) A physician who has before him a child whom he

reasonably suspects may be abused or neglected.

(5) A person authorized under Section 5 of this Act to

place a child in temporary protective custody when such

person requires the information in the report or record to

determine whether to place the child in temporary

protective custody.

(6) A person having the legal responsibility or

authorization to care for, treat, or supervise a child, or

a parent, prospective adoptive parent, foster parent,

guardian, or other person responsible for the child's

welfare, who is the subject of a report.

(7) Except in regard to harmful or detrimental

information as provided in Section 7.19, any subject of

the report, and if the subject of the report is a minor,

his guardian or guardian ad litem.

(8) A court, upon its finding that access to such

records may be necessary for the determination of an issue

before such court; however, such access shall be limited

to in camera inspection, unless the court determines that

public disclosure of the information contained therein is

necessary for the resolution of an issue then pending

before it.

(8.1) A probation officer or other authorized

representative of a probation or court services department

conducting an investigation ordered by a court under the

Juvenile Court Act of 1987.

(9) A grand jury, upon its determination that access

to such records is necessary in the conduct of its

official business.

(10) Any person authorized by the Director, in

writing, for audit or bona fide research purposes.

(11) Law enforcement agencies, coroners or medical

examiners, physicians, courts, school superintendents and

child welfare agencies in other states who are responsible

for child abuse or neglect investigations or background

investigations.

(12) The Department of Professional Regulation, the

State Board of Education and school superintendents in

Illinois, who may use or disclose information from the

records as they deem necessary to conduct investigations

or take disciplinary action, as provided by law.

(13) A coroner or medical examiner who has reason to

believe that a child has died as the result of abuse or

neglect.

(14) The Director of a State-operated facility when an

employee of that facility is the perpetrator in an

indicated report.

(15) The operator of a licensed child care facility or

a facility licensed by the Department of Human Services

(as successor to the Department of Alcoholism and

Substance Abuse) in which children reside when a current

or prospective employee of that facility is the

perpetrator in an indicated child abuse or neglect report,

pursuant to Section 4.3 of the Child Care Act of 1969.

(16) Members of a multidisciplinary team in the

furtherance of its responsibilities under subsection (b)

of Section 7.1. All reports concerning child abuse and

neglect made available to members of such

multidisciplinary teams and all records generated as a

result of such reports shall be confidential and shall not

be disclosed, except as specifically authorized by this

Act or other applicable law. It is a Class A misdemeanor to

permit, assist or encourage the unauthorized release of

any information contained in such reports or records.

Nothing contained in this Section prevents the sharing of

reports or records relating or pertaining to the death of

a minor under the care of or receiving services from the

Department of Children and Family Services and under the

jurisdiction of the juvenile court with the juvenile

court, the State's Attorney, and the minor's attorney.

(17) The Department of Human Services, as provided in

Section 17 of the Rehabilitation of Persons with

Disabilities Act.

(18) Any other agency or investigative body, including

the Department of Public Health and a local board of

health, authorized by State law to conduct an

investigation into the quality of care provided to

children in hospitals and other State regulated care

facilities.

(19) The person appointed, under Section 2-17 of the

Juvenile Court Act of 1987, as the guardian ad litem of a

minor who is the subject of a report or records under this

Act; or the person appointed, under Section 5-610 of the

Juvenile Court Act of 1987, as the guardian ad litem of a

minor who is in the custody or guardianship of the

Department or who has an open intact family services case

with the Department and who is the subject of a report or

records made pursuant to this Act.

(20) The Department of Human Services, as provided in

Section 10 of the Early Intervention Services System Act,

and the operator of a facility providing early

intervention services pursuant to that Act, for the

purpose of determining whether a current or prospective

employee who provides or may provide direct services under

that Act is the perpetrator in an indicated report of

child abuse or neglect filed under this Act.

(b) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(c) To the extent that persons or agencies are given

access to information pursuant to this Section, those persons

or agencies may give this information to and receive this

information from each other in order to facilitate an

investigation conducted by those persons or agencies.

(Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)

Section 760. The Intergovernmental Missing Child Recovery

Act of 1984 is amended by changing Sections 2, 3, 3.5, 3.6, 6,

and 7 as follows:

(325 ILCS 40/2) (from Ch. 23, par. 2252)

Sec. 2. As used in this Act:

(a) (Blank). "Department" means the Department of State

Police.

(b) "Director" means the Director of the Illinois

Department of State Police.

(c) "Unit of local government" is defined as in Article

VII, Section 1 of the Illinois Constitution and includes both

home rule units and units which are not home rule units. The

term is also defined to include all public school districts

subject to the provisions of the School Code.

(d) "Child" means a person under 21 years of age.

(e) A "LEADS terminal" is an interactive computerized

communication and processing unit which permits a direct

on-line communication with the Illinois Department of State

Police's central data repository, the Law Enforcement Agencies

Data System (LEADS).

(f) A "primary contact agency" means a law enforcement

agency which maintains a LEADS terminal, or has immediate

access to one on a 24-hour-per-day, 7-day-per-week basis by

written agreement with another law enforcement agency.

(g) (Blank).

(h) "Missing child" means any person under 21 years of age

whose whereabouts are unknown to his or her parents or legal

guardian.

(i) "Exploitation" means activities and actions which

include, but are not limited to, child pornography, aggravated

child pornography, child prostitution, child sexual abuse,

drug and substance abuse by children, and child suicide.

(j) (Blank).

(Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)

(325 ILCS 40/3) (from Ch. 23, par. 2253)

Sec. 3. The Illinois State Police Department shall

establish a State Missing Persons Clearinghouse as a resource

to promote an immediate and effective community response to

missing children and may engage in, but shall not be limited

to, the following activities:

(a) To establish and conduct programs to educate parents,

children and communities in ways to prevent the abduction of

children.

(b) To conduct training programs and distribute materials

providing guidelines for children when dealing with strangers,

casual acquaintances, or non-custodial parents, in order to

avoid abduction or kidnapping situations.

(c) To compile, maintain and make available data upon the

request of law enforcement agencies and other entities deemed

appropriate by the Illinois State Police Department to assist

enforcement agencies in recovering missing children, including

but not limited to data regarding the places of shelter

commonly used by runaway children in a requested geographical

area.

(d) To draft and implement plans for the most efficient

use of available resources to publicize information regarding

missing children.

(e) To establish and maintain contacts with other state

missing persons clearinghouses, law enforcement agencies, and

missing persons non-profit organizations in order to increase

the probability of locating and returning missing children,

and to otherwise assist in the recovery and tracking of

missing children.

(f) To coordinate the tracking and recovery of children

under the custody or guardianship of the Department of

Children and Family Services whose disappearance has been

reported and to produce an annual report indicating the number

of children under the custody or guardianship of that

Department who have been reported missing and the number who

have been recovered.

(g) To conduct other activities as may be necessary to

achieve the goals established by this Act.

(Source: P.A. 97-938, eff. 1-1-13.)

(325 ILCS 40/3.5)

Sec. 3.5. Contact with Department of Children and Family

Services. For each child reported missing and entered into the

LEADS network, the Illinois State Police Department shall, in

the form and manner it determines, contact the Department of

Children and Family Services to provide it with the name, age,

and sex of the child, and the geographic area from which the

child was reported missing so that the Department of Children

and Family Services can determine if that child had been

abandoned within the previous 2 months.

(Source: P.A. 97-938, eff. 1-1-13.)

(325 ILCS 40/3.6)

Sec. 3.6. Department of Children and Family Services;

missing persons. The Illinois State Police Department shall

develop and conduct a training advisory for LEADS reporting of

missing persons when the missing individual, regardless of

age, is under the care and legal custody of the Department of

Children and Family Services.

(Source: P.A. 99-351, eff. 1-1-16.)

(325 ILCS 40/6) (from Ch. 23, par. 2256)

Sec. 6. The Illinois State Police Department shall:

(a) Utilize the Establish and maintain a statewide Law

Enforcement Agencies Data System (LEADS) for the purpose of

effecting an immediate law enforcement response to reports of

missing children. The Illinois State Police Department shall

implement an automated data exchange system to compile, to

maintain and to make available for dissemination to Illinois

and out-of-State law enforcement agencies, data which can

assist appropriate agencies in recovering missing children.

(b) Establish contacts and exchange information regarding

lost, missing or runaway children with nationally recognized

"missing person and runaway" service organizations and monitor

national research and publicize important developments.

(c) Provide a uniform reporting format for the entry of

pertinent information regarding reports of missing children

into LEADS.

(d) Develop and implement a policy whereby a statewide or

regional alert would be used in situations relating to the

disappearances of children, based on criteria and in a format

established by the Illinois State Police Department. Such a

format shall include, but not be limited to, the age and

physical description of the missing child and the suspected

circumstances of the disappearance.

(e) Notify all law enforcement agencies that reports of

missing persons shall be entered as soon as the minimum level

of data specified by the Illinois State Police Department is

available to the reporting agency and that no waiting period

for entry of such data exists.

(f) Provide a procedure for prompt confirmation of the

receipt and entry of the missing child report into LEADS to the

parent or guardian of the missing child.

(g) Compile and retain information regarding missing

children in a separate data file, in a manner that allows such

information to be used by law enforcement and other agencies

deemed appropriate by the Director, for investigative

purposes. Such files shall be updated to reflect and include

information relating to the disposition of the case.

(h) Compile and maintain an historic data repository

relating to missing children in order (1) to develop and

improve techniques utilized by law enforcement agencies when

responding to reports of missing children and (2) to provide a

factual and statistical base for research that would address

the problem of missing children.

(i) Create a quality control program to monitor timeliness

of entries of missing children reports into LEADS and conduct

performance audits of all entering agencies.

(j) Prepare a periodic information bulletin concerning

missing children who it determines may be present in this

State, compiling such bulletin from information contained in

both the National Crime Information Center computer and from

reports, alerts and other information entered into LEADS or

otherwise compiled and retained by the Illinois State Police

Department pursuant to this Act. The bulletin shall indicate

the name, age, physical description, suspected circumstances

of disappearance if that information is available, a

photograph if one is available, the name of the law

enforcement agency investigating the case, and such other

information as the Director considers appropriate concerning

each missing child who the Illinois State Police Department

determines may be present in this State. The Illinois State

Police Department shall send a copy of each periodic

information bulletin to the State Board of Education for its

use in accordance with Section 2-3.48 of the School Code. The

Illinois State Police Department shall provide a copy of the

bulletin, upon request, to law enforcement agencies of this or

any other state or of the federal government, and may provide a

copy of the bulletin, upon request, to other persons or

entities, if deemed appropriate by the Director, and may

establish limitations on its use and a reasonable fee for so

providing the same, except that no fee shall be charged for

providing the periodic information bulletin to the State Board

of Education, appropriate units of local government, State

agencies, or law enforcement agencies of this or any other

state or of the federal government.

(k) Provide for the entry into LEADS of the names and

addresses of sex offenders as defined in the Sex Offender

Registration Act who are required to register under that Act.

The information shall be immediately accessible to law

enforcement agencies and peace officers of this State or any

other state or of the federal government. Similar information

may be requested from any other state or of the federal

government for purposes of this Act.

(l) Provide for the entry into LEADS of the names and

addresses of violent offenders against youth as defined in the

Murderer and Violent Offender Against Youth Registration Act

who are required to register under that Act. The information

shall be immediately accessible to law enforcement agencies

and peace officers of this State or any other state or of the

federal government. Similar information may be requested from

any other state or of the federal government for purposes of

this Act.

(Source: P.A. 97-154, eff. 1-1-12.)

(325 ILCS 40/7) (from Ch. 23, par. 2257)

Sec. 7. (a) All law enforcement agencies and policing

bodies of this State shall, upon receipt of a report of a

missing person, enter that report into LEADS as soon as the

minimum level of data specified pursuant to subsection (e) of

Section 6 is available and shall furnish the Illinois State

Police Department, in the form and detail the Illinois State

Police Department requires, (1) reports of cases of lost,

missing or runaway children as they arise and the disposition

of such cases, (2) information relating to sex crimes which

occurred in their respective jurisdictions and which they

investigated, and (3) the names and addresses of sex offenders

required to register in their respective jurisdictions under

the Sex Offender Registration Act. Such information shall be

submitted on a regular basis, as deemed necessary by the

Illinois State Police Department, and shall be kept in a

central automated data repository for the purpose of

establishing profiles of sex offenders and victims and to

assist all law enforcement agencies in the identification and

apprehension of sex offenders.

(b) In addition to entering the report of a missing child

into LEADS as prescribed by subsection (a), all law

enforcement agencies shall, upon receipt of a report of a

missing child:

(1) Immediately make a radio dispatch to officers on

duty at the time of receipt of the report. The dispatch

shall contain the name and approximate age of the missing

child and any other pertinent information available at

that time. In the event that the law enforcement agency

receiving the report of the missing child does not operate

a radio dispatch system, a geographically appropriate

radio dispatch system shall be used, such as the Illinois

State Police Emergency Radio Network or a similar

multi-agency law enforcement radio communication system

serving the area of the reporting agency.

In addition, in the event that a missing child is not

recovered during the work shift in which the radio

dispatch was made, the law enforcement agency receiving

the report of the missing child shall disseminate the

information relating to the missing child to all sworn

personnel employed by the agency who work or are assigned

to other shifts or time periods.

(2) Immediately contact State Missing Persons

Clearinghouse personnel designated by the Illinois State

Police Department, by a means and in a manner and form

prescribed by the Illinois State Police Department,

informing the personnel of the report of the missing

child.

(Source: P.A. 97-938, eff. 1-1-13.)

Section 765. The Missing Children Records Act is amended

by changing Sections 1, 2, 3, 4, and 5 as follows:

(325 ILCS 50/1) (from Ch. 23, par. 2281)

Sec. 1. Definitions. As used in this Act, unless the

context requires otherwise:

(a) "Custodian" means the State Registrar of Vital

Records, local registrars of vital records appointed by the

State Registrar and county clerks.

(b) (Blank). "Department" means the Illinois Department of

State Police.

(c) "Missing person" means a person 17 years old or

younger reported to any law enforcement authority as abducted,

lost or a runaway.

(d) "Registrar" means the State Registrar of Vital

Records.

(Source: P.A. 84-1430.)

(325 ILCS 50/2) (from Ch. 23, par. 2282)

Sec. 2. Illinois State Police Department duties. Upon

entry of a report of a missing person born in Illinois into the

Law Enforcement Agencies Data System (LEADS) established

pursuant to the Intergovernmental Missing Child Recovery Act

of 1984, the Illinois State Police Department shall notify the

Registrar within 5 business days of the disappearance and

shall provide the Registrar with information concerning the

identity of the missing person. Upon entry of a report of a

missing person born in a state other than Illinois into the Law

Enforcement Agencies Data System (LEADS), the Illinois State

Police Department shall notify the registrar, or other state

agency responsible for vital records, in that state within 5

business days of the disappearance and shall provide such

registrar or other agency with information concerning the

identity of the missing person.

If the Illinois State Police Department has reason to

believe that a missing person has been enrolled in a specific

Illinois elementary or secondary school, it shall notify the

last such known school as to the disappearance at which time

the school shall flag the missing child's record pursuant to

Section 5.

Upon learning of the recovery of a missing person, the

Illinois State Police Department shall so notify the Registrar

and any school previously informed of the person's

disappearance.

The Illinois State Police Department shall by rule

determine the manner and form of notices and information

required by this Act.

(Source: P.A. 84-1430.)

(325 ILCS 50/3) (from Ch. 23, par. 2283)

Sec. 3. Registrar duties. Upon notification by the

Illinois State Police Department that a person born in this

State is missing, the Registrar shall flag the birth

certificate record of that person in such a manner that

whenever a copy of the birth certificate or information

regarding the birth record is requested, the Registrar shall

be alerted to the fact that the certificate is that of a

missing person. The Registrar shall also notify the

appropriate municipality or county custodians to likewise flag

their records. Upon notification by the Illinois State Police

Department that the missing person has been recovered, the

Registrar shall remove the flag from the person's birth

certificate record and shall notify any other previously

notified municipality or county custodian to remove the flag

from his record.

(Source: P.A. 84-1430.)

(325 ILCS 50/4) (from Ch. 23, par. 2284)

Sec. 4. Custodian duties. (a) In response to any inquiry,

a custodian shall not provide a copy of a birth certificate or

information concerning the birth record of any person whose

record is flagged pursuant to Section 3 except as approved by

the Illinois State Police Department.

(b) When a copy of the birth certificate of a person whose

record has been flagged is requested in person, the

custodian's personnel accepting the request shall immediately

notify his supervisor. The custodian's personnel shall then

follow procedures prescribed by the Illinois State Police

Department to clearly ascertain the identity of the person

making the request, his address and his physical description.

Such procedures shall include requiring the person making the

request to complete a standardized information form and to

present at least one form of photo identification. The

custodian's personnel shall inform the person making the

request that a copy of the certificate shall be mailed to him,

and, upon the latter's departure from the custodian's office,

his supervisor shall immediately notify the Illinois State

Police Department or the local law enforcement authority as to

the request and the information obtained pursuant to this

subsection. The custodian shall retain the form completed by

the person making the request.

(c) When a copy of the birth certificate of a person whose

record has been flagged is requested in writing, the

custodian's personnel receiving the request shall immediately

notify his supervisor. The supervisor shall immediately notify

the Illinois State Police Department or local law enforcement

authority as to the request and shall provide a copy of the

written request. The custodian shall retain the original

written request.

(Source: P.A. 84-1430.)

(325 ILCS 50/5) (from Ch. 23, par. 2285)

Sec. 5. Duties of school or other entity.

(a) Upon notification by the Illinois State Police

Department of a person's disappearance, a school, preschool

educational program, child care facility, or day care home or

group day care home in which the person is currently or was

previously enrolled shall flag the record of that person in

such a manner that whenever a copy of or information regarding

the record is requested, the school or other entity shall be

alerted to the fact that the record is that of a missing

person. The school or other entity shall immediately report to

the Illinois State Police Department any request concerning

flagged records or knowledge as to the whereabouts of any

missing person. Upon notification by the Illinois State Police

Department that the missing person has been recovered, the

school or other entity shall remove the flag from the person's

record.

(b) (1) For every child enrolled in a particular

elementary or secondary school, public or private preschool

educational program, public or private child care facility

licensed under the Child Care Act of 1969, or day care home or

group day care home licensed under the Child Care Act of 1969,

that school or other entity shall notify in writing the person

enrolling the child that within 30 days he must provide either

(i) a certified copy of the child's birth certificate or (ii)

other reliable proof, as determined by the Illinois State

Police Department, of the child's identity and age and an

affidavit explaining the inability to produce a copy of the

birth certificate. Other reliable proof of the child's

identity and age shall include a passport, visa or other

governmental documentation of the child's identity. When the

person enrolling the child provides the school or other entity

with a certified copy of the child's birth certificate, the

school or other entity shall promptly make a copy of the

certified copy for its records and return the original

certified copy to the person enrolling the child. Once a

school or other entity has been provided with a certified copy

of a child's birth certificate as required under item (i) of

this subdivision (b)(1), the school or other entity need not

request another such certified copy with respect to that child

for any other year in which the child is enrolled in that

school or other entity.

(2) Upon the failure of a person enrolling a child to

comply with subsection (b) (1), the school or other entity

shall immediately notify the Illinois State Police Department

or local law enforcement agency of such failure, and shall

notify the person enrolling the child in writing that he has 10

additional days to comply.

(3) The school or other entity shall immediately report to

the Illinois State Police Department any affidavit received

pursuant to this subsection which appears inaccurate or

suspicious in form or content.

(c) Within 14 days after enrolling a transfer student, the

elementary or secondary school shall request directly from the

student's previous school a certified copy of his record. The

requesting school shall exercise due diligence in obtaining

the copy of the record requested. Any elementary or secondary

school requested to forward a copy of a transferring student's

record to the new school shall comply within 10 days of receipt

of the request unless the record has been flagged pursuant to

subsection (a), in which case the copy shall not be forwarded

and the requested school shall notify the Illinois State

Police Department or local law enforcement authority of the

request.

(Source: P.A. 95-439, eff. 1-1-08; 95-793, eff. 8-8-08.)

Section 770. The Missing Children Registration Law is

amended by changing Sections 1, 2, 3, 4, 5, and 6 as follows:

(325 ILCS 55/1) (from Ch. 23, par. 2271)

Sec. 1. Definitions. As used in this Article, unless the

context requires otherwise:

(a) "Custodian" means the State Registrar of Vital

Records, local registrars of vital records appointed by the

State Registrar and county clerks.

(b) (Blank). "Department" means the Illinois Department of

State Police.

(c) "Missing child" means a person under the age of 18

years, reported to any law enforcement authority as abducted,

lost or a runaway, whose identity is entered into the Law

Enforcement Agencies Data System.

(d) "Registrar" means the State Registrar of Vital

Records.

(Source: P.A. 84-1279.)

(325 ILCS 55/2) (from Ch. 23, par. 2272)

Sec. 2. Illinois State Police Department duties. Upon

entry of a report of a missing child born in Illinois into the

Law Enforcement Agencies Data System, the Illinois State

Police Department shall notify the Registrar of the

disappearance and shall provide the Registrar with information

concerning the identity of the missing child.

If the Illinois State Police Department has reason to

believe that a missing child may be enrolled in an Illinois

elementary or secondary school, it shall notify the last such

known school as to the disappearance, at which time the school

shall flag the missing child's record pursuant to Section 5.

Upon learning of the recovery of a missing child, the

Illinois State Police Department shall so notify the

Registrar.

The Illinois State Police Department shall by rule

determine the manner and form of notices and information

required by this Article.

(Source: P.A. 84-1279.)

(325 ILCS 55/3) (from Ch. 23, par. 2273)

Sec. 3. Registrar duties. Upon notification by the

Illinois State Police Department that a person under the age

of 18 years who was born in this State is missing, the

Registrar shall flag the birth certificate record of that

person in such a manner that whenever a copy of the birth

certificate or information regarding the birth record is

requested, the Registrar shall be alerted to the fact that the

certificate is that of a missing child. The Registrar shall

also notify the appropriate city or county custodian to

likewise flag his records. Upon notification by the Illinois

State Police Department that the missing child has been

recovered, the Registrar shall remove the flag from the

person's birth certificate record and shall notify any other

previously notified city or county custodian to remove the

flag from his record.

(Source: P.A. 84-1279.)

(325 ILCS 55/4) (from Ch. 23, par. 2274)

Sec. 4. Custodian duties. (a) In response to any inquiry,

a custodian shall not provide a copy of a birth certificate or

information concerning the birth record of any person whose

record is flagged pursuant to Section 3 except as approved by

the Illinois State Police Department.

(b) When a copy of the birth certificate of a person whose

record has been flagged is requested in person, the

custodian's personnel accepting the request shall immediately

notify his supervisor. The person making the request shall

complete a form as prescribed by the Illinois State Police

Department, which may include the name, address, telephone

number and social security number of the person making the

request, his or her relationship to the missing child and the

name, address and birth date of the missing child. The

driver's license of the person making the request, if

available, shall be photocopied and returned to him. He shall

be informed that a copy of the certificate shall be mailed to

him. The custodian's personnel shall note the physical

description of the person making the request, and, upon the

latter's departure from the custodian's office, his supervisor

shall immediately notify the local law enforcement authority

as to the request and the information obtained pursuant to

this subsection. The custodian shall retain the form completed

by the person making the request.

(c) When a copy of the birth certificate of a person whose

record has been flagged is requested in writing, the

custodian's personnel receiving the request shall immediately

notify his supervisor. The supervisor shall immediately notify

the local law enforcement authority as to the request and

shall provide a copy of the written request. The custodian

shall retain the original written request.

(Source: P.A. 84-1279.)

(325 ILCS 55/5) (from Ch. 23, par. 2275)

Sec. 5. School duties. (a) Upon notification by the

Illinois State Police Department of a child's disappearance, a

school in which the child is currently or was previously

enrolled shall flag the record of that child in such a manner

that whenever a copy of or information regarding the record is

requested, the school shall be alerted to the fact that the

record is that of a missing child. The school shall

immediately report to the local law enforcement authority any

request concerning flagged records or knowledge as to the

whereabouts of any missing child. Upon notification by the

Illinois State Police Department that the missing child has

been recovered, the school shall remove the flag from the

person's record.

(b) Upon enrollment of a student for the first time in a

particular elementary or secondary school, that school shall

notify in writing the person enrolling the student that within

30 days he must provide either (1) a certified copy of the

student's birth certificate or (2) other reliable proof, as

determined by the Illinois State Police Department, of the

student's identity and age, and an affidavit explaining the

inability to produce a copy of the birth certificate.

Upon the failure of a person enrolling a student to comply

with this subsection, the school shall immediately notify the

local law enforcement agency and shall also notify the person

enrolling the student in writing that, unless he complies

within 10 days, the case shall be referred to the local law

enforcement authority for investigation. If compliance is not

obtained within that 10 day period, the school shall so refer

the case.

The school shall immediately report to the local law

enforcement authority any affidavit received pursuant to this

subsection which appears inaccurate or suspicious in form or

content.

(c) Within 14 days after enrolling a transfer student, the

elementary or secondary school shall request directly from the

student's previous school a certified copy of his record. The

requesting school shall exercise due diligence in obtaining

the copy of the record requested. Any elementary or secondary

school requested to forward a copy of a transferring student's

record to the new school shall comply within 10 days of receipt

of such request unless the record has been flagged pursuant to

subsection (a), in which case the copy shall not be forwarded

and the requested school shall notify the local law

enforcement authority of the request.

(Source: P.A. 84-1279.)

(325 ILCS 55/6) (from Ch. 23, par. 2276)

Sec. 6. Local law enforcement duties. Any local law

enforcement authority notified pursuant to this Article of the

request for the birth certificate or school record of or other

information concerning a missing child shall immediately

notify the Illinois State Police Department of such request

and shall investigate the request.

(Source: P.A. 84-1279.)

Section 815. The Mental Health and Developmental

Disabilities Code is amended by changing Sections 6-103.1,

6-103.2, and 6-103.3 as follows:

(405 ILCS 5/6-103.1)

Sec. 6-103.1. Adjudication as a person with a mental

disability. When a person has been adjudicated as a person

with a mental disability as defined in Section 1.1 of the

Firearm Owners Identification Card Act, including, but not

limited to, an adjudication as a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975, the court

shall direct the circuit court clerk to notify the Illinois

Department of State Police, Firearm Owner's Identification

(FOID) Office, in a form and manner prescribed by the Illinois

Department of State Police, and shall forward a copy of the

court order to the Department no later than 7 days after the

entry of the order. Upon receipt of the order, the Illinois

Department of State Police shall provide notification to the

National Instant Criminal Background Check System.

(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

(405 ILCS 5/6-103.2)

Sec. 6-103.2. Developmental disability; notice. If a

person 14 years old or older is determined to be a person with

a developmental disability by a physician, clinical

psychologist, or qualified examiner, the physician, clinical

psychologist, or qualified examiner shall notify the

Department of Human Services within 7 days of making the

determination that the person has a developmental disability.

The Department of Human Services shall immediately update its

records and information relating to mental health and

developmental disabilities, and if appropriate, shall notify

the Illinois Department of State Police in a form and manner

prescribed by the Illinois Department of State Police.

Information disclosed under this Section shall remain

privileged and confidential, and shall not be redisclosed,

except as required under subsection (e) of Section 3.1 of the

Firearm Owners Identification Card Act, nor used for any other

purpose. The method of providing this information shall

guarantee that the information is not released beyond that

which is necessary for the purpose of this Section and shall be

provided by rule by the Department of Human Services. The

identity of the person reporting under this Section shall not

be disclosed to the subject of the report.

The physician, clinical psychologist, or qualified

examiner making the determination and his or her employer may

not be held criminally, civilly, or professionally liable for

making or not making the notification required under this

Section, except for willful or wanton misconduct.

For purposes of this Section, "developmental disability"

means a disability which is attributable to any other

condition which results in impairment similar to that caused

by an intellectual disability and which requires services

similar to those required by intellectually disabled persons.

The disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability. This disability results, in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Determined to be a person with a developmental disability

by a physician, clinical psychologist, or qualified examiner"

means in the professional opinion of the physician, clinical

psychologist, or qualified examiner, a person is diagnosed,

assessed, or evaluated as having a developmental disability.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

eff. 7-27-15; 99-642, eff. 7-28-16.)

(405 ILCS 5/6-103.3)

Sec. 6-103.3. Clear and present danger; notice. If a

person is determined to pose a clear and present danger to

himself, herself, or to others by a physician, clinical

psychologist, or qualified examiner, whether employed by the

State, by any public or private mental health facility or part

thereof, or by a law enforcement official or a school

administrator, then the physician, clinical psychologist,

qualified examiner shall notify the Department of Human

Services and a law enforcement official or school

administrator shall notify the Illinois Department of State

Police, within 24 hours of making the determination that the

person poses a clear and present danger. The Department of

Human Services shall immediately update its records and

information relating to mental health and developmental

disabilities, and if appropriate, shall notify the Illinois

Department of State Police in a form and manner prescribed by

the Illinois Department of State Police. Information disclosed

under this Section shall remain privileged and confidential,

and shall not be redisclosed, except as required under

subsection (e) of Section 3.1 of the Firearm Owners

Identification Card Act, nor used for any other purpose. The

method of providing this information shall guarantee that the

information is not released beyond that which is necessary for

the purpose of this Section and shall be provided by rule by

the Department of Human Services. The identity of the person

reporting under this Section shall not be disclosed to the

subject of the report. The physician, clinical psychologist,

qualified examiner, law enforcement official, or school

administrator making the determination and his or her employer

shall not be held criminally, civilly, or professionally

liable for making or not making the notification required

under this Section, except for willful or wanton misconduct.

This Section does not apply to a law enforcement official, if

making the notification under this Section will interfere with

an ongoing or pending criminal investigation.

For the purposes of this Section:

"Clear and present danger" has the meaning ascribed to

it in Section 1.1 of the Firearm Owners Identification

Card Act.

"Determined to pose a clear and present danger to

himself, herself, or to others by a physician, clinical

psychologist, or qualified examiner" means in the

professional opinion of the physician, clinical

psychologist, or qualified examiner, a person poses a

clear and present danger.

"School administrator" means the person required to

report under the School Administrator Reporting of Mental

Health Clear and Present Danger Determinations Law.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

Section 820. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Sections 1a, 5, 6.4, and

9.5 as follows:

(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)

Sec. 1a. Definitions.

(a) In this Act:

"Advanced practice registered nurse" has the meaning

provided in Section 50-10 of the Nurse Practice Act.

"Ambulance provider" means an individual or entity that

owns and operates a business or service using ambulances or

emergency medical services vehicles to transport emergency

patients.

"Approved pediatric health care facility" means a health

care facility, other than a hospital, with a sexual assault

treatment plan approved by the Department to provide medical

forensic services to pediatric sexual assault survivors who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Areawide sexual assault treatment plan" means a plan,

developed by hospitals or by hospitals and approved pediatric

health care facilities in a community or area to be served,

which provides for medical forensic services to sexual assault

survivors that shall be made available by each of the

participating hospitals and approved pediatric health care

facilities.

"Board-certified child abuse pediatrician" means a

physician certified by the American Board of Pediatrics in

child abuse pediatrics.

"Board-eligible child abuse pediatrician" means a

physician who has completed the requirements set forth by the

American Board of Pediatrics to take the examination for

certification in child abuse pediatrics.

"Department" means the Department of Public Health.

"Emergency contraception" means medication as approved by

the federal Food and Drug Administration (FDA) that can

significantly reduce the risk of pregnancy if taken within 72

hours after sexual assault.

"Follow-up healthcare" means healthcare services related

to a sexual assault, including laboratory services and

pharmacy services, rendered within 90 days of the initial

visit for medical forensic services.

"Health care professional" means a physician, a physician

assistant, a sexual assault forensic examiner, an advanced

practice registered nurse, a registered professional nurse, a

licensed practical nurse, or a sexual assault nurse examiner.

"Hospital" means a hospital licensed under the Hospital

Licensing Act or operated under the University of Illinois

Hospital Act, any outpatient center included in the hospital's

sexual assault treatment plan where hospital employees provide

medical forensic services, and an out-of-state hospital that

has consented to the jurisdiction of the Department under

Section 2.06.

"Illinois State Police Sexual Assault Evidence Collection

Kit" means a prepackaged set of materials and forms to be used

for the collection of evidence relating to sexual assault. The

standardized evidence collection kit for the State of Illinois

shall be the Illinois State Police Sexual Assault Evidence

Collection Kit.

"Law enforcement agency having jurisdiction" means the law

enforcement agency in the jurisdiction where an alleged sexual

assault or sexual abuse occurred.

"Licensed practical nurse" has the meaning provided in

Section 50-10 of the Nurse Practice Act.

"Medical forensic services" means health care delivered to

patients within or under the care and supervision of personnel

working in a designated emergency department of a hospital or

an approved pediatric health care facility. "Medical forensic

services" includes, but is not limited to, taking a medical

history, performing photo documentation, performing a physical

and anogenital examination, assessing the patient for evidence

collection, collecting evidence in accordance with a statewide

sexual assault evidence collection program administered by the

Illinois Department of State Police using the Illinois State

Police Sexual Assault Evidence Collection Kit, if appropriate,

assessing the patient for drug-facilitated or

alcohol-facilitated sexual assault, providing an evaluation of

and care for sexually transmitted infection and human

immunodeficiency virus (HIV), pregnancy risk evaluation and

care, and discharge and follow-up healthcare planning.

"Pediatric health care facility" means a clinic or

physician's office that provides medical services to pediatric

patients.

"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in

relation to injuries or trauma resulting from a sexual

assault.

"Photo documentation" means digital photographs or

colposcope videos stored and backed up securely in the

original file format.

"Physician" means a person licensed to practice medicine

in all its branches.

"Physician assistant" has the meaning provided in Section

4 of the Physician Assistant Practice Act of 1987.

"Prepubescent sexual assault survivor" means a female who

is under the age of 18 years and has not had a first menstrual

cycle or a male who is under the age of 18 years and has not

started to develop secondary sex characteristics who presents

for medical forensic services in relation to injuries or

trauma resulting from a sexual assault.

"Qualified medical provider" means a board-certified child

abuse pediatrician, board-eligible child abuse pediatrician, a

sexual assault forensic examiner, or a sexual assault nurse

examiner who has access to photo documentation tools, and who

participates in peer review.

"Registered Professional Nurse" has the meaning provided

in Section 50-10 of the Nurse Practice Act.

"Sexual assault" means:

(1) an act of sexual conduct; as used in this

paragraph, "sexual conduct" has the meaning provided under

Section 11-0.1 of the Criminal Code of 2012; or

(2) any act of sexual penetration; as used in this

paragraph, "sexual penetration" has the meaning provided

under Section 11-0.1 of the Criminal Code of 2012 and

includes, without limitation, acts prohibited under

Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.

"Sexual assault forensic examiner" means a physician or

physician assistant who has completed training that meets or

is substantially similar to the Sexual Assault Nurse Examiner

Education Guidelines established by the International

Association of Forensic Nurses.

"Sexual assault nurse examiner" means an advanced practice

registered nurse or registered professional nurse who has

completed a sexual assault nurse examiner training program

that meets the Sexual Assault Nurse Examiner Education

Guidelines established by the International Association of

Forensic Nurses.

"Sexual assault services voucher" means a document

generated by a hospital or approved pediatric health care

facility at the time the sexual assault survivor receives

outpatient medical forensic services that may be used to seek

payment for any ambulance services, medical forensic services,

laboratory services, pharmacy services, and follow-up

healthcare provided as a result of the sexual assault.

"Sexual assault survivor" means a person who presents for

medical forensic services in relation to injuries or trauma

resulting from a sexual assault.

"Sexual assault transfer plan" means a written plan

developed by a hospital and approved by the Department, which

describes the hospital's procedures for transferring sexual

assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to

receive medical forensic services.

"Sexual assault treatment plan" means a written plan that

describes the procedures and protocols for providing medical

forensic services to sexual assault survivors who present

themselves for such services, either directly or through

transfer from a hospital or an approved pediatric health care

facility.

"Transfer hospital" means a hospital with a sexual assault

transfer plan approved by the Department.

"Transfer services" means the appropriate medical

screening examination and necessary stabilizing treatment

prior to the transfer of a sexual assault survivor to a

hospital or an approved pediatric health care facility that

provides medical forensic services to sexual assault survivors

pursuant to a sexual assault treatment plan or areawide sexual

assault treatment plan.

"Treatment hospital" means a hospital with a sexual

assault treatment plan approved by the Department to provide

medical forensic services to all sexual assault survivors who

present with a complaint of sexual assault within a minimum of

the last 7 days or who have disclosed past sexual assault by a

specific individual and were in the care of that individual

within a minimum of the last 7 days.

"Treatment hospital with approved pediatric transfer"

means a hospital with a treatment plan approved by the

Department to provide medical forensic services to sexual

assault survivors 13 years old or older who present with a

complaint of sexual assault within a minimum of the last 7 days

or who have disclosed past sexual assault by a specific

individual and were in the care of that individual within a

minimum of the last 7 days.

(b) This Section is effective on and after July 1, 2021.

(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;

101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)

(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

Sec. 5. Minimum requirements for medical forensic services

provided to sexual assault survivors by hospitals and approved

pediatric health care facilities.

(a) Every hospital and approved pediatric health care

facility providing medical forensic services to sexual assault

survivors under this Act shall, as minimum requirements for

such services, provide, with the consent of the sexual assault

survivor, and as ordered by the attending physician, an

advanced practice registered nurse, or a physician assistant,

the services set forth in subsection (a-5).

Beginning January 1, 2022, a qualified medical provider

must provide the services set forth in subsection (a-5).

(a-5) A treatment hospital, a treatment hospital with

approved pediatric transfer, or an approved pediatric health

care facility shall provide the following services in

accordance with subsection (a):

(1) Appropriate medical forensic services without

delay, in a private, age-appropriate or

developmentally-appropriate space, required to ensure the

health, safety, and welfare of a sexual assault survivor

and which may be used as evidence in a criminal proceeding

against a person accused of the sexual assault, in a

proceeding under the Juvenile Court Act of 1987, or in an

investigation under the Abused and Neglected Child

Reporting Act.

Records of medical forensic services, including

results of examinations and tests, the Illinois State

Police Medical Forensic Documentation Forms, the Illinois

State Police Patient Discharge Materials, and the Illinois

State Police Patient Consent: Collect and Test Evidence or

Collect and Hold Evidence Form, shall be maintained by the

hospital or approved pediatric health care facility as

part of the patient's electronic medical record.

Records of medical forensic services of sexual assault

survivors under the age of 18 shall be retained by the

hospital for a period of 60 years after the sexual assault

survivor reaches the age of 18. Records of medical

forensic services of sexual assault survivors 18 years of

age or older shall be retained by the hospital for a period

of 20 years after the date the record was created.

Records of medical forensic services may only be

disseminated in accordance with Section 6.5 of this Act

and other State and federal law.

(1.5) An offer to complete the Illinois Sexual Assault

Evidence Collection Kit for any sexual assault survivor

who presents within a minimum of the last 7 days of the

assault or who has disclosed past sexual assault by a

specific individual and was in the care of that individual

within a minimum of the last 7 days.

(A) Appropriate oral and written information

concerning evidence-based guidelines for the

appropriateness of evidence collection depending on

the sexual development of the sexual assault survivor,

the type of sexual assault, and the timing of the

sexual assault shall be provided to the sexual assault

survivor. Evidence collection is encouraged for

prepubescent sexual assault survivors who present to a

hospital or approved pediatric health care facility

with a complaint of sexual assault within a minimum of

96 hours after the sexual assault.

Before January 1, 2022, the information required

under this subparagraph shall be provided in person by

the health care professional providing medical

forensic services directly to the sexual assault

survivor.

On and after January 1, 2022, the information

required under this subparagraph shall be provided in

person by the qualified medical provider providing

medical forensic services directly to the sexual

assault survivor.

The written information provided shall be the

information created in accordance with Section 10 of

this Act.

(B) Following the discussion regarding the

evidence-based guidelines for evidence collection in

accordance with subparagraph (A), evidence collection

must be completed at the sexual assault survivor's

request. A sexual assault nurse examiner conducting an

examination using the Illinois State Police Sexual

Assault Evidence Collection Kit may do so without the

presence or participation of a physician.

(2) Appropriate oral and written information

concerning the possibility of infection, sexually

transmitted infection, including an evaluation of the

sexual assault survivor's risk of contracting human

immunodeficiency virus (HIV) from sexual assault, and

pregnancy resulting from sexual assault.

(3) Appropriate oral and written information

concerning accepted medical procedures, laboratory tests,

medication, and possible contraindications of such

medication available for the prevention or treatment of

infection or disease resulting from sexual assault.

(3.5) After a medical evidentiary or physical

examination, access to a shower at no cost, unless

showering facilities are unavailable.

(4) An amount of medication, including HIV

prophylaxis, for treatment at the hospital or approved

pediatric health care facility and after discharge as is

deemed appropriate by the attending physician, an advanced

practice registered nurse, or a physician assistant in

accordance with the Centers for Disease Control and

Prevention guidelines and consistent with the hospital's

or approved pediatric health care facility's current

approved protocol for sexual assault survivors.

(5) Photo documentation of the sexual assault

survivor's injuries, anatomy involved in the assault, or

other visible evidence on the sexual assault survivor's

body to supplement the medical forensic history and

written documentation of physical findings and evidence

beginning July 1, 2019. Photo documentation does not

replace written documentation of the injury.

(6) Written and oral instructions indicating the need

for follow-up examinations and laboratory tests after the

sexual assault to determine the presence or absence of

sexually transmitted infection.

(7) Referral by hospital or approved pediatric health

care facility personnel for appropriate counseling.

(8) Medical advocacy services provided by a rape

crisis counselor whose communications are protected under

Section 8-802.1 of the Code of Civil Procedure, if there

is a memorandum of understanding between the hospital or

approved pediatric health care facility and a rape crisis

center. With the consent of the sexual assault survivor, a

rape crisis counselor shall remain in the exam room during

the medical forensic examination.

(9) Written information regarding services provided by

a Children's Advocacy Center and rape crisis center, if

applicable.

(10) A treatment hospital, a treatment hospital with

approved pediatric transfer, an out-of-state hospital as

defined in Section 5.4, or an approved pediatric health

care facility shall comply with the rules relating to the

collection and tracking of sexual assault evidence adopted

by the Illinois Department of State Police under Section

50 of the Sexual Assault Evidence Submission Act.

(a-7) By January 1, 2022, every hospital with a treatment

plan approved by the Department shall employ or contract with

a qualified medical provider to initiate medical forensic

services to a sexual assault survivor within 90 minutes of the

patient presenting to the treatment hospital or treatment

hospital with approved pediatric transfer. The provision of

medical forensic services by a qualified medical provider

shall not delay the provision of life-saving medical care.

(b) Any person who is a sexual assault survivor who seeks

medical forensic services or follow-up healthcare under this

Act shall be provided such services without the consent of any

parent, guardian, custodian, surrogate, or agent. If a sexual

assault survivor is unable to consent to medical forensic

services, the services may be provided under the Consent by

Minors to Medical Procedures Act, the Health Care Surrogate

Act, or other applicable State and federal laws.

(b-5) Every hospital or approved pediatric health care

facility providing medical forensic services to sexual assault

survivors shall issue a voucher to any sexual assault survivor

who is eligible to receive one in accordance with Section 5.2

of this Act. The hospital shall make a copy of the voucher and

place it in the medical record of the sexual assault survivor.

The hospital shall provide a copy of the voucher to the sexual

assault survivor after discharge upon request.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital

or approved pediatric health care facility.

(d) This Section is effective on and after July 1, 2021.

(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;

100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.

8-16-19; 101-634, eff. 6-5-20.)

(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)

Sec. 6.4. Sexual assault evidence collection program.

(a) There is created a statewide sexual assault evidence

collection program to facilitate the prosecution of persons

accused of sexual assault. This program shall be administered

by the Illinois State Police. The program shall consist of the

following: (1) distribution of sexual assault evidence

collection kits which have been approved by the Illinois State

Police to hospitals and approved pediatric health care

facilities that request them, or arranging for such

distribution by the manufacturer of the kits, (2) collection

of the kits from hospitals and approved pediatric health care

facilities after the kits have been used to collect evidence,

(3) analysis of the collected evidence and conducting of

laboratory tests, (4) maintaining the chain of custody and

safekeeping of the evidence for use in a legal proceeding, and

(5) the comparison of the collected evidence with the genetic

marker grouping analysis information maintained by the

Illinois Department of State Police under Section 5-4-3 of the

Unified Code of Corrections and with the information contained

in the Federal Bureau of Investigation's National DNA

database; provided the amount and quality of genetic marker

grouping results obtained from the evidence in the sexual

assault case meets the requirements of both the Illinois

Department of State Police and the Federal Bureau of

Investigation's Combined DNA Index System (CODIS) policies.

The standardized evidence collection kit for the State of

Illinois shall be the Illinois State Police Sexual Assault

Evidence Kit and shall include a written consent form

authorizing law enforcement to test the sexual assault

evidence and to provide law enforcement with details of the

sexual assault.

(a-5) (Blank).

(b) The Illinois State Police shall administer a program

to train hospital and approved pediatric health care facility

personnel participating in the sexual assault evidence

collection program, in the correct use and application of the

sexual assault evidence collection kits. The Department shall

cooperate with the Illinois State Police in this program as it

pertains to medical aspects of the evidence collection.

(c) (Blank).

(d) This Section is effective on and after July 1, 2021.

(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)

(410 ILCS 70/9.5)

(Section scheduled to be repealed on January 1, 2024)

Sec. 9.5. Sexual Assault Medical Forensic Services

Implementation Task Force.

(a) The Sexual Assault Medical Forensic Services

Implementation Task Force is created to assist hospitals and

approved pediatric health care facilities with the

implementation of the changes made by this amendatory Act of

the l00th General Assembly. The Task Force shall consist of

the following members, who shall serve without compensation:

(1) one member of the Senate appointed by the

President of the Senate, who may designate an alternate

member;

(2) one member of the Senate appointed by the Minority

Leader of the Senate, who may designate an alternate

member;

(3) one member of the House of Representatives

appointed by the Speaker of the House of Representatives,

who may designate an alternate member;

(4) one member of the House of Representatives

appointed by the Minority Leader of the House of

Representatives, who may designate an alternate member;

(5) two members representing the Office of the

Attorney General appointed by the Attorney General, one of

whom shall be the Sexual Assault Nurse Examiner

Coordinator for the State of Illinois;

(6) one member representing the Department of Public

Health appointed by the Director of Public Health;

(7) one member representing the Illinois Department of

State Police appointed by the Director of the Illinois

State Police;

(8) one member representing the Department of

Healthcare and Family Services appointed by the Director

of Healthcare and Family Services;

(9) six members representing hospitals appointed by

the head of a statewide organization representing the

interests of hospitals in Illinois, at least one of whom

shall represent small and rural hospitals and at least one

of these members shall represent urban hospitals;

(10) one member representing physicians appointed by

the head of a statewide organization representing the

interests of physicians in Illinois;

(11) one member representing emergency physicians

appointed by the head of a statewide organization

representing the interests of emergency physicians in

Illinois;

(12) two members representing child abuse

pediatricians appointed by the head of a statewide

organization representing the interests of child abuse

pediatricians in Illinois, at least one of whom shall

represent child abuse pediatricians providing medical

forensic services in rural locations and at least one of

whom shall represent child abuse pediatricians providing

medical forensic services in urban locations;

(13) one member representing nurses appointed by the

head of a statewide organization representing the

interests of nurses in Illinois;

(14) two members representing sexual assault nurse

examiners appointed by the head of a statewide

organization representing the interests of forensic nurses

in Illinois, at least one of whom shall represent

pediatric/adolescent sexual assault nurse examiners and at

least one of these members shall represent

adult/adolescent sexual assault nurse examiners;

(15) one member representing State's Attorneys

appointed by the head of a statewide organization

representing the interests of State's Attorneys in

Illinois;

(16) three members representing sexual assault

survivors appointed by the head of a statewide

organization representing the interests of sexual assault

survivors and rape crisis centers, at least one of whom

shall represent rural rape crisis centers and at least one

of whom shall represent urban rape crisis centers; and

(17) one member representing children's advocacy

centers appointed by the head of a statewide organization

representing the interests of children's advocacy centers

in Illinois.

The members representing the Office of the Attorney

General and the Department of Public Health shall serve as

co-chairpersons of the Task Force. The Office of the Attorney

General shall provide administrative and other support to the

Task Force.

(b) The first meeting of the Task Force shall be called by

the co-chairpersons no later than 90 days after the effective

date of this Section.

(c) The goals of the Task Force shall include, but not be

limited to, the following:

(1) to facilitate the development of areawide

treatment plans among hospitals and pediatric health care

facilities;

(2) to facilitate the development of on-call systems

of qualified medical providers and assist hospitals with

the development of plans to employ or contract with a

qualified medical provider to initiate medical forensic

services to a sexual assault survivor within 90 minutes of

the patient presenting to the hospital as required in

subsection (a-7) of Section 5;

(3) to identify photography and storage options for

hospitals to comply with the photo documentation

requirements in Sections 5 and 5.1;

(4) to develop a model written agreement for use by

rape crisis centers, hospitals, and approved pediatric

health care facilities with sexual assault treatment plans

to comply with subsection (c) of Section 2;

(5) to develop and distribute educational information

regarding the implementation of this Act to hospitals,

health care providers, rape crisis centers, children's

advocacy centers, State's Attorney's offices;

(6) to examine the role of telemedicine in the

provision of medical forensic services under this Act and

to develop recommendations for statutory change and

standards and procedures for the use of telemedicine to be

adopted by the Department;

(7) to seek inclusion of the International Association

of Forensic Nurses Sexual Assault Nurse Examiner Education

Guidelines for nurses within the registered nurse training

curriculum in Illinois nursing programs and the American

College of Emergency Physicians Management of the Patient

with the Complaint of Sexual Assault for emergency

physicians within the Illinois residency training

curriculum for emergency physicians; and

(8) to submit a report to the General Assembly by

January 1, 2023 regarding the status of implementation of

this amendatory Act of the 100th General Assembly,

including, but not limited to, the impact of transfers to

out-of-state hospitals on sexual assault survivors and the

availability of treatment hospitals in Illinois; the

report to the General Assembly shall be filed with the

Clerk of the House of Representatives and the Secretary of

the Senate in electronic form only, in the manner that the

Clerk and the Secretary shall direct.

(d) This Section is repealed on January 1, 2024.

(Source: P.A. 100-775, eff. 8-10-18.)

Section 825. The Smoke Free Illinois Act is amended by

changing Sections 40 and 45 as follows:

(410 ILCS 82/40)

Sec. 40. Enforcement; complaints.

(a) The Department, State-certified local public health

departments, and local, Department of Natural Resources, and

Illinois Department of State Police law enforcement agencies

shall enforce the provisions of this Act through the issuance

of citations and may assess civil penalties pursuant to

Section 45 of this Act.

(a-2) The citations issued pursuant to this Act shall

conspicuously include the following:

(1) the name of the offense and its statutory

reference;

(2) the nature and elements of the violation;

(3) the date and location of the violation;

(4) the name of the enforcing agency;

(5) the name of the violator;

(6) the amount of the imposed civil penalty and the

location where the violator can pay the civil penalty

without objection;

(7) the address and phone number of the enforcing

agency where the violator can request a hearing before the

Department to contest the imposition of the civil penalty

imposed by the citation under the rules and procedures of

the Illinois Administrative Procedure Act;

(8) the time period in which to pay the civil penalty

or to request a hearing to contest the imposition of the

civil penalty imposed by the citation; and

(9) the verified signature of the person issuing the

citation.

(a-3) One copy of the citation shall be provided to the

violator, one copy shall be retained by the enforcing agency,

and one copy shall be provided to the entity otherwise

authorized by the enforcing agency to receive civil penalties

on their behalf.

(b) Any person may register a complaint with the

Department, a State-certified local public health department,

or a law enforcement agency for a violation of this Act. The

Department shall establish a telephone number that a person

may call to register a complaint under this subsection (b).

(c) The Department shall afford a violator the opportunity

to pay the civil penalty without objection or to contest the

citation in accordance with the Illinois Administrative

Procedure Act, except that in case of a conflict between the

Illinois Administrative Procedure Act and this Act, the

provisions of this Act shall control.

(d) Upon receipt of a request for hearing to contest the

imposition of a civil penalty imposed by a citation, the

enforcing agency shall immediately forward a copy of the

citation and notice of the request for hearing to the

Department for initiation of a hearing conducted in accordance

with the Illinois Administrative Procedure Act and the rules

established thereto by the Department applicable to contested

cases, except that in case of a conflict between the Illinois

Administrative Procedure Act and this Act, the provisions of

this Act shall control. Parties to the hearing shall be the

enforcing agency and the violator.

The Department shall notify the violator in writing of the

time, place, and location of the hearing. The hearing shall be

conducted at the nearest regional office of the Department, or

in a location contracted by the Department in the county where

the citation was issued.

(e) Civil penalties imposed under this Act may be

collected in accordance with all methods otherwise available

to the enforcing agency or the Department, except that there

shall be no collection efforts during the pendency of the

hearing before the Department.

(f) Rulemaking authority to implement this amendatory Act

of the 95th General Assembly, if any, is conditioned on the

rules being adopted in accordance with all provisions of the

Illinois Administrative Procedure Act and all rules and

procedures of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(Source: P.A. 100-877, eff. 1-1-19.)

(410 ILCS 82/45)

Sec. 45. Violations.

(a) A person, corporation, partnership, association or

other entity who violates Section 15 or 20 of this Act shall be

liable for a civil penalty pursuant to this Section. Each day

that a violation occurs is a separate violation.

(b) A person who smokes in an area where smoking is

prohibited under Section 15 of this Act shall be liable for a

civil penalty in an amount that is $100 for a first offense and

$250 for each subsequent offense. A person who owns, operates,

or otherwise controls a public place or place of employment

that violates Section 15 or 20 of this Act shall be liable for

a civil penalty of (i) $250 for the first violation, (ii) $500

for the second violation within one year after the first

violation, and (iii) $2,500 for each additional violation

within one year after the first violation.

(c) A civil penalty imposed under this Section shall be

allocated as follows:

(1) one-half of the civil penalty shall be distributed

to the Department; and

(2) one-half of the civil penalty shall be distributed

to the enforcing agency.

With respect to funds designated for the Illinois

Department of State Police under this subsection, the Illinois

Department of State Police shall deposit the moneys into the

State Police Operations Assistance Fund. With respect to funds

designated for the Department of Natural Resources under this

subsection, the Department of Natural Resources shall deposit

the moneys into the Conservation Police Operations Assistance

Fund.

(d) Rulemaking authority to implement this amendatory Act

of the 95th General Assembly, if any, is conditioned on the

rules being adopted in accordance with all provisions of the

Illinois Administrative Procedure Act and all rules and

procedures of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(Source: P.A. 100-877, eff. 1-1-19.)

Section 830. The Compassionate Use of Medical Cannabis

Pilot Program Act is amended by changing Sections 85, 95, 100,

105, 145, 150, and 180 as follows:

(410 ILCS 130/85)

Sec. 85. Issuance and denial of medical cannabis

cultivation permit.

(a) The Department of Agriculture may register up to 22

cultivation center registrations for operation. The Department

of Agriculture may not issue more than one registration per

each Illinois State Police District boundary as specified on

the date of January 1, 2013. The Department of Agriculture may

not issue less than the 22 registrations if there are

qualified applicants who have applied with the Department.

(b) The registrations shall be issued and renewed annually

as determined by administrative rule.

(c) The Department of Agriculture shall determine a

registration fee by rule.

(d) A cultivation center may only operate if it has been

issued a valid registration from the Department of

Agriculture. When applying for a cultivation center

registration, the applicant shall submit the following in

accordance with Department of Agriculture rules:

(1) the proposed legal name of the cultivation center;

(2) the proposed physical address of the cultivation

center and description of the enclosed, locked facility as

it applies to cultivation centers where medical cannabis

will be grown, harvested, manufactured, packaged, or

otherwise prepared for distribution to a dispensing

organization;

(3) the name, address, and date of birth of each

principal officer and board member of the cultivation

center, provided that all those individuals shall be at

least 21 years of age;

(4) any instance in which a business that any of the

prospective board members of the cultivation center had

managed or served on the board of the business and was

convicted, fined, censured, or had a registration or

license suspended or revoked in any administrative or

judicial proceeding;

(5) cultivation, inventory, and packaging plans;

(6) proposed operating by-laws that include procedures

for the oversight of the cultivation center, development

and implementation of a plant monitoring system, medical

cannabis container tracking system, accurate record

keeping, staffing plan, and security plan reviewed by the

Illinois State Police that are in accordance with the

rules issued by the Department of Agriculture under this

Act. A physical inventory shall be performed of all plants

and medical cannabis containers on a weekly basis;

(7) experience with agricultural cultivation

techniques and industry standards;

(8) any academic degrees, certifications, or relevant

experience with related businesses;

(9) the identity of every person, association, trust,

or corporation having any direct or indirect pecuniary

interest in the cultivation center operation with respect

to which the registration is sought. If the disclosed

entity is a trust, the application shall disclose the

names and addresses of the beneficiaries; if a

corporation, the names and addresses of all stockholders

and directors; if a partnership, the names and addresses

of all partners, both general and limited;

(10) verification from the Illinois State Police that

all background checks of the principal officer, board

members, and registered agents have been conducted and

those individuals have not been convicted of an excluded

offense;

(11) provide a copy of the current local zoning

ordinance to the Department of Agriculture and verify that

proposed cultivation center is in compliance with the

local zoning rules issued in accordance with Section 140;

(12) an application fee set by the Department of

Agriculture by rule; and

(13) any other information required by Department of

Agriculture rules, including, but not limited to a

cultivation center applicant's experience with the

cultivation of agricultural or horticultural products,

operating an agriculturally related business, or operating

a horticultural business.

(e) An application for a cultivation center permit must be

denied if any of the following conditions are met:

(1) the applicant failed to submit the materials

required by this Section, including if the applicant's

plans do not satisfy the security, oversight, inventory,

or recordkeeping rules issued by the Department of

Agriculture;

(2) the applicant would not be in compliance with

local zoning rules issued in accordance with Section 140;

(3) one or more of the prospective principal officers

or board members has been convicted of an excluded

offense;

(4) one or more of the prospective principal officers

or board members has served as a principal officer or

board member for a registered dispensing organization or

cultivation center that has had its registration revoked;

(5) one or more of the principal officers or board

members is under 21 years of age;

(6) a principal officer or board member of the

cultivation center has been convicted of a felony under

the laws of this State, any other state, or the United

States;

(7) a principal officer or board member of the

cultivation center has been convicted of any violation of

Article 28 of the Criminal Code of 2012, or substantially

similar laws of any other jurisdiction; or

(8) the person has submitted an application for a

certificate under this Act which contains false

information.

(Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/95)

Sec. 95. Background checks.

(a) The Department of Agriculture through the Illinois

Department of State Police shall conduct a background check of

the prospective cultivation center agents. The Illinois

Department of State Police shall charge a fee for conducting

the criminal history record check, which shall be deposited in

the State Police Services Fund and shall not exceed the actual

cost of the record check. In order to carry out this provision,

each person applying as a cultivation center agent shall

submit a full set of fingerprints to the Illinois Department

of State Police for the purpose of obtaining a State and

federal criminal records check. These fingerprints shall be

checked against the fingerprint records now and hereafter, to

the extent allowed by law, filed in the Illinois Department of

State Police and Federal Bureau of Investigation criminal

history records databases. The Illinois Department of State

Police shall furnish, following positive identification, all

Illinois conviction information to the Department of

Agriculture.

(b) When applying for the initial permit, the background

checks for the principal officer, board members, and

registered agents shall be completed prior to submitting the

application to the Department of Agriculture.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

(410 ILCS 130/100)

Sec. 100. Cultivation center agent identification card.

(a) The Department of Agriculture shall:

(1) verify the information contained in an application

or renewal for a cultivation center identification card

submitted under this Act, and approve or deny an

application or renewal, within 30 days of receiving a

completed application or renewal application and all

supporting documentation required by rule;

(2) issue a cultivation center agent identification

card to a qualifying agent within 15 business days of

approving the application or renewal;

(3) enter the registry identification number of the

cultivation center where the agent works; and

(4) allow for an electronic application process, and

provide a confirmation by electronic or other methods that

an application has been submitted.

(b) A cultivation center agent must keep his or her

identification card visible at all times when on the property

of a cultivation center and during the transportation of

medical cannabis to a registered dispensary organization.

(c) The cultivation center agent identification cards

shall contain the following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of

cultivation center agent identification cards;

(3) a random 10 digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters; that is unique to the holder; and

(4) a photograph of the cardholder.

(d) The cultivation center agent identification cards

shall be immediately returned to the cultivation center upon

termination of employment.

(e) Any card lost by a cultivation center agent shall be

reported to the Illinois State Police and the Department of

Agriculture immediately upon discovery of the loss.

(f) An applicant shall be denied a cultivation center

agent identification card if he or she has been convicted of an

excluded offense.

(Source: P.A. 98-122, eff. 1-1-14.)

(410 ILCS 130/105)

Sec. 105. Requirements; prohibitions; penalties for

cultivation centers.

(a) The operating documents of a registered cultivation

center shall include procedures for the oversight of the

cultivation center, a cannabis plant monitoring system

including a physical inventory recorded weekly, a cannabis

container system including a physical inventory recorded

weekly, accurate record keeping, and a staffing plan.

(b) A registered cultivation center shall implement a

security plan reviewed by the Illinois State Police and

including but not limited to: facility access controls,

perimeter intrusion detection systems, personnel

identification systems, 24-hour surveillance system to monitor

the interior and exterior of the registered cultivation center

facility and accessible to authorized law enforcement and the

Department of Agriculture in real-time.

(c) A registered cultivation center may not be located

within 2,500 feet of the property line of a pre-existing

public or private preschool or elementary or secondary school

or day care center, day care home, group day care home, part

day child care facility, or an area zoned for residential use.

(d) All cultivation of cannabis for distribution to a

registered dispensing organization must take place in an

enclosed, locked facility as it applies to cultivation centers

at the physical address provided to the Department of

Agriculture during the registration process. The cultivation

center location shall only be accessed by the cultivation

center agents working for the registered cultivation center,

Department of Agriculture staff performing inspections,

Department of Public Health staff performing inspections, law

enforcement or other emergency personnel, and contractors

working on jobs unrelated to medical cannabis, such as

installing or maintaining security devices or performing

electrical wiring.

(e) A cultivation center may not sell or distribute any

cannabis to any individual or entity other than another

cultivation center, a dispensing organization registered under

this Act, or a laboratory licensed by the Department of

Agriculture.

(f) All harvested cannabis intended for distribution to a

dispensing organization must be packaged in a labeled medical

cannabis container and entered into a data collection system.

(g) No person who has been convicted of an excluded

offense may be a cultivation center agent.

(h) Registered cultivation centers are subject to random

inspection by the Illinois State Police.

(i) Registered cultivation centers are subject to random

inspections by the Department of Agriculture and the

Department of Public Health.

(j) A cultivation center agent shall notify local law

enforcement, the Illinois State Police, and the Department of

Agriculture within 24 hours of the discovery of any loss or

theft. Notification shall be made by phone or in-person, or by

written or electronic communication.

(k) A cultivation center shall comply with all State and

federal rules and regulations regarding the use of pesticides.

(Source: P.A. 101-363, eff. 8-9-19.)

(410 ILCS 130/145)

Sec. 145. Confidentiality.

(a) The following information received and records kept by

the Department of Public Health, Department of Financial and

Professional Regulation, Department of Agriculture, or

Illinois Department of State Police for purposes of

administering this Act are subject to all applicable federal

privacy laws, confidential, and exempt from the Freedom of

Information Act, and not subject to disclosure to any

individual or public or private entity, except as necessary

for authorized employees of those authorized agencies to

perform official duties under this Act and the following

information received and records kept by Department of Public

Health, Department of Agriculture, Department of Financial and

Professional Regulation, and Illinois Department of State

Police, excluding any existing or non-existing Illinois or

national criminal history record information as defined in

subsection (d), may be disclosed to each other upon request:

(1) Applications and renewals, their contents, and

supporting information submitted by qualifying patients

and designated caregivers, including information regarding

their designated caregivers and certifying health care

professionals.

(2) Applications and renewals, their contents, and

supporting information submitted by or on behalf of

cultivation centers and dispensing organizations in

compliance with this Act, including their physical

addresses.

(3) The individual names and other information

identifying persons to whom the Department of Public

Health has issued registry identification cards.

(4) Any dispensing information required to be kept

under Section 135, Section 150, or Department of Public

Health, Department of Agriculture, or Department of

Financial and Professional Regulation rules shall identify

cardholders and registered cultivation centers by their

registry identification numbers and medical cannabis

dispensing organizations by their registration number and

not contain names or other personally identifying

information.

(5) All medical records provided to the Department of

Public Health in connection with an application for a

registry card.

(b) Nothing in this Section precludes the following:

(1) Department of Agriculture, Department of Financial

and Professional Regulation, or Public Health employees

may notify law enforcement about falsified or fraudulent

information submitted to the Departments if the employee

who suspects that falsified or fraudulent information has

been submitted conferred with his or her supervisor and

both agree that circumstances exist that warrant

reporting.

(2) If the employee conferred with his or her

supervisor and both agree that circumstances exist that

warrant reporting, Department of Public Health employees

may notify the Department of Financial and Professional

Regulation if there is reasonable cause to believe a

certifying health care professional:

(A) issued a written certification without a bona

fide health care professional-patient relationship

under this Act;

(B) issued a written certification to a person who

was not under the certifying health care

professional's care for the debilitating medical

condition; or

(C) failed to abide by the acceptable and

prevailing standard of care when evaluating a

patient's medical condition.

(3) The Department of Public Health, Department of

Agriculture, and Department of Financial and Professional

Regulation may notify State or local law enforcement about

apparent criminal violations of this Act if the employee

who suspects the offense has conferred with his or her

supervisor and both agree that circumstances exist that

warrant reporting.

(4) Medical cannabis cultivation center agents and

medical cannabis dispensing organizations may notify the

Department of Public Health, Department of Financial and

Professional Regulation, or Department of Agriculture of a

suspected violation or attempted violation of this Act or

the rules issued under it.

(5) Each Department may verify registry identification

cards under Section 150.

(6) The submission of the report to the General

Assembly under Section 160.

(c) It is a Class B misdemeanor with a $1,000 fine for any

person, including an employee or official of the Department of

Public Health, Department of Financial and Professional

Regulation, or Department of Agriculture or another State

agency or local government, to breach the confidentiality of

information obtained under this Act.

(d) The Department of Public Health, the Department of

Agriculture, the Illinois Department of State Police, and the

Department of Financial and Professional Regulation shall not

share or disclose any existing or non-existing Illinois or

national criminal history record information. For the purposes

of this Section, "any existing or non-existing Illinois or

national criminal history record information" means any

Illinois or national criminal history record information,

including but not limited to the lack of or non-existence of

these records.

(Source: P.A. 101-363, eff. 8-9-19.)

(410 ILCS 130/150)

Sec. 150. Registry identification and registration

certificate verification.

(a) The Department of Public Health shall maintain a

confidential list of the persons to whom the Department of

Public Health has issued registry identification cards and

their addresses, phone numbers, and registry identification

numbers. This confidential list may not be combined or linked

in any manner with any other list or database except as

provided in this Section.

(b) Within 180 days of the effective date of this Act, the

Department of Public Health, Department of Financial and

Professional Regulation, and Department of Agriculture shall

together establish a computerized database or verification

system. The database or verification system must allow law

enforcement personnel and medical cannabis dispensary

organization agents to determine whether or not the

identification number corresponds with a current, valid

registry identification card. The system shall only disclose

whether the identification card is valid, whether the

cardholder is a registered qualifying patient or a registered

designated caregiver, the registry identification number of

the registered medical cannabis dispensing organization

designated to serve the registered qualifying patient who

holds the card, and the registry identification number of the

patient who is assisted by a registered designated caregiver

who holds the card. The Department of Public Health, the

Department of Agriculture, the Illinois Department of State

Police, and the Department of Financial and Professional

Regulation shall not share or disclose any existing or

non-existing Illinois or national criminal history record

information. Notwithstanding any other requirements

established by this subsection, the Department of Public

Health shall issue registry cards to qualifying patients, the

Department of Financial and Professional Regulation may issue

registration to medical cannabis dispensing organizations for

the period during which the database is being established, and

the Department of Agriculture may issue registration to

medical cannabis cultivation organizations for the period

during which the database is being established.

(c) For the purposes of this Section, "any existing or

non-existing Illinois or national criminal history record

information" means any Illinois or national criminal history

record information, including but not limited to the lack of

or non-existence of these records.

(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)

(410 ILCS 130/180)

Sec. 180. Destruction of medical cannabis.

(a) All cannabis byproduct, scrap, and harvested cannabis

not intended for distribution to a medical cannabis

organization must be destroyed and disposed of pursuant to

State law. Documentation of destruction and disposal shall be

retained at the cultivation center for a period of not less

than 5 years.

(b) A cultivation center shall prior to the destruction,

notify the Department of Agriculture and the Illinois State

Police.

(c) The cultivation center shall keep record of the date

of destruction and how much was destroyed.

(d) A dispensary organization shall destroy all cannabis,

including cannabis-infused products, that are not sold to

registered qualifying patients. Documentation of destruction

and disposal shall be retained at the dispensary organization

for a period of not less than 5 years.

(e) A dispensary organization shall prior to the

destruction, notify the Department of Financial and

Professional Regulation and the Illinois State Police.

(Source: P.A. 98-122, eff. 1-1-14.)

Section 835. The Vital Records Act is amended by changing

Sections 15.1 and 25.1 as follows:

(410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)

Sec. 15.1. (1) The Director of the Illinois Department of

State Police or his designee may obtain a registration of a

fictitious vital record for the purpose and in the manner

prescribed in this Section.

(2) A registration of a fictitious vital record may be

obtained pursuant to this Section only for law enforcement

purposes in providing: (a) witnesses with new identification

to protect them during and following criminal investigations

or proceedings; and (b) law enforcement officers with new

identification to enable them to escape detection while

performing criminal investigations.

(3) The Director of the Illinois State Police or his

designee may apply to the circuit court on behalf of a person

for an order directing the State Registrar of Vital Records to

establish a fictitious vital record if it is determined by the

Director that normal procedures of investigation or protection

are inadequate or reasonably appear to be unlikely to succeed

if tried or are too dangerous to employ. The court shall fix a

time and place for hearing the application and, if it finds

that the application should be granted, shall order the State

Registrar of Vital Records to establish the vital record

requested. The order shall include the data to be registered,

and shall be delivered in person by the designee of the

Director of the Illinois Department of State Police to the

State Registrar of Vital Records. Upon receipt of such order,

the State Registrar of Vital Records shall establish a vital

record as if such data had been registered pursuant to Section

12 or 18 of this Act or pursuant to Section 210 or 413 of the

Illinois Marriage and Dissolution of Marriage Act.

(4) The general public shall be excluded from any hearing

on an application for an order under this Section and only

persons, including representatives of agencies, who in the

opinion of the court have a direct interest in the matter of

the application shall be admitted to the hearing.

(5) The court's file relating to any proceeding under this

Section shall be impounded by the clerk of the court and shall

be opened for examination only upon specific order of the

court, which order shall name the person or persons who are to

be permitted to examine such file. Certified copies of any

paper or document contained in any file so impounded shall be

made only on like order.

(6) Any documentation concerning a vital record registered

pursuant to this Section, including any court order entered

under subsection (3), maintained by the Illinois Department of

State Police or by the State Registrar of Vital Records shall

be sealed. Such documentation maintained by the Registrar of

Vital Records shall be opened for examination only upon

specific order of the court, which order shall name the person

or persons who are to be permitted to examine such file. Such

documentation maintained by the Illinois Department of State

Police shall be opened for examination only upon the written

permission of the Director of that Department or his designee.

(7) The Registrar of Vital Records shall immediately

notify the Director of the Illinois Department of State Police

or his designee upon receiving any request for a copy of or

information concerning any vital record registered pursuant to

this Section.

(8) If the court order directing the State Registrar of

Vital Records to establish a fictitious vital record does not

specify a time for the destruction or elimination of such

vital record, the fictitious vital record shall be destroyed

or eliminated at the conclusion of the investigation or when

the Director of the Illinois Department of State Police

determines that such record is no longer necessary. After the

destruction of such record, the Director of the Illinois

Department of State Police shall so notify the court which

entered the order directing the establishment of the

fictitious vital record.

(Source: P.A. 85-829.)

(410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)

Sec. 25.1. (a) When the State Registrar of Vital Records

receives or prepares a death certificate the Registrar shall

make an appropriate notation in the birth certificate record

of that person that the person is deceased. The Registrar

shall also notify the appropriate municipal or county

custodian of such birth record that the person is deceased,

and such custodian shall likewise make an appropriate notation

in its records.

(b) In response to any inquiry, the Registrar or a

custodian shall not provide a copy of a birth certificate or

information concerning the birth record of any deceased person

except as provided in this subsection (b) or as otherwise

provided in this Act or as approved by the Department. When a

copy of the birth certificate of a deceased person is

requested, the Registrar or custodian shall require the person

making the request to complete an information form, which

shall be developed and furnished by the Department and shall

include, at a minimum, the name, address, telephone number,

social security number and driver's license number of the

person making the request. Before furnishing the copy, the

custodian shall prominently stamp on the copy the word

"DECEASED" and write or stamp on the copy the date of death of

the deceased person. The custodian shall retain the

information form completed by the person making the request,

and note on the birth certificate record that such a request

was made. The custodian shall make the information form

available to the Illinois Department of State Police or any

local law enforcement agency upon request. A city or county

custodian shall promptly submit copies of all completed forms

to the Registrar. The word "DECEASED" and the date of death

shall not appear on a copy of a birth certificate furnished to

a parent of a child who died within 3 months of birth, provided

no other copy of a birth certificate was furnished to the

parent prior to the child's death.

(c) The Registrar shall furnish, no later than 60 days

after receipt of a form used to request a birth certificate

record of a deceased person, a copy of the form and a copy of

the corresponding birth certificate record to the Department

of Healthcare and Family Services and the Department of Human

Services. The Department of Healthcare and Family Services and

the Department of Human Services shall, upon receipt of such

information, check their records to ensure that no claim for

public assistance under the Illinois Public Aid Code is being

made either by a person purporting to be the deceased person or

by any person on behalf of the deceased person.

(d) Notwithstanding the requirements of subsection (b),

when the death of a child occurs within 90 days of that child's

live birth, the mother listed on the birth certificate of that

child may request the issuance of a copy of a certificate of

live birth from the State Registrar. Such request shall be

made in accordance with subsection (b), shall indicate the

requestor's relationship to the child, and shall be made not

later than 9 months from the date of the death of the child.

Except as provided herein, the Registrar shall conform to all

requirements of this Act in issuing copies of certificates

under this subsection (d).

(Source: P.A. 94-7, eff. 6-6-05; 95-331, eff. 8-21-07.)

Section 840. The Illinois Food, Drug and Cosmetic Act is

amended by changing Section 3.21 as follows:

(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)

Sec. 3.21. Except as authorized by this Act, the Illinois

Controlled Substances Act, the Pharmacy Practice Act, the

Dental Practice Act, the Medical Practice Act of 1987, the

Veterinary Medicine and Surgery Practice Act of 2004, the

Podiatric Medical Practice Act of 1987, Section 22-30 of the

School Code, Section 40 of the Illinois State Police Act,

Section 10.19 of the Illinois Police Training Act, or the

Epinephrine Injector Act, to sell or dispense a prescription

drug without a prescription.

(Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17;

100-799, eff. 1-1-19.)

Section 845. The Cannabis Regulation and Tax Act is

amended by changing Sections 1-10, 5-20, 15-25, 15-30, 15-40,

15-65, 15-75, 15-100, 15-135, 20-15, 20-30, 20-35, 20-40,

25-30, 25-35, 30-10, 30-30, 30-35, 30-40, 35-10, 35-25, 35-30,

40-10, 40-25, 40-30, 40-35, 55-15, 55-30, 55-35, 55-40, 55-50,

55-55, and 55-80 as follows:

(410 ILCS 705/1-10)

Sec. 1-10. Definitions. In this Act:

"Adult Use Cultivation Center License" means a license

issued by the Department of Agriculture that permits a person

to act as a cultivation center under this Act and any

administrative rule made in furtherance of this Act.

"Adult Use Dispensing Organization License" means a

license issued by the Department of Financial and Professional

Regulation that permits a person to act as a dispensing

organization under this Act and any administrative rule made

in furtherance of this Act.

"Advertise" means to engage in promotional activities

including, but not limited to: newspaper, radio, Internet and

electronic media, and television advertising; the distribution

of fliers and circulars; billboard advertising; and the

display of window and interior signs. "Advertise" does not

mean exterior signage displaying only the name of the licensed

cannabis business establishment.

"BLS Region" means a region in Illinois used by the United

States Bureau of Labor Statistics to gather and categorize

certain employment and wage data. The 17 such regions in

Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,

Champaign-Urbana, Chicago-Naperville-Elgin, Danville,

Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,

Rockford, St. Louis, Springfield, Northwest Illinois

nonmetropolitan area, West Central Illinois nonmetropolitan

area, East Central Illinois nonmetropolitan area, and South

Illinois nonmetropolitan area.

"Cannabis" means marijuana, hashish, and other substances

that are identified as including any parts of the plant

Cannabis sativa and including derivatives or subspecies, such

as indica, of all strains of cannabis, whether growing or not;

the seeds thereof, the resin extracted from any part of the

plant; and any compound, manufacture, salt, derivative,

mixture, or preparation of the plant, its seeds, or resin,

including tetrahydrocannabinol (THC) and all other naturally

produced cannabinol derivatives, whether produced directly or

indirectly by extraction; however, "cannabis" does not include

the mature stalks of the plant, fiber produced from the

stalks, oil or cake made from the seeds of the plant, any other

compound, manufacture, salt, derivative, mixture, or

preparation of the mature stalks (except the resin extracted

from it), fiber, oil or cake, or the sterilized seed of the

plant that is incapable of germination. "Cannabis" does not

include industrial hemp as defined and authorized under the

Industrial Hemp Act. "Cannabis" also means cannabis flower,

concentrate, and cannabis-infused products.

"Cannabis business establishment" means a cultivation

center, craft grower, processing organization, infuser

organization, dispensing organization, or transporting

organization.

"Cannabis concentrate" means a product derived from

cannabis that is produced by extracting cannabinoids,

including tetrahydrocannabinol (THC), from the plant through

the use of propylene glycol, glycerin, butter, olive oil or

other typical cooking fats; water, ice, or dry ice; or butane,

propane, CO2, ethanol, or isopropanol and with the intended

use of smoking or making a cannabis-infused product. The use

of any other solvent is expressly prohibited unless and until

it is approved by the Department of Agriculture.

"Cannabis container" means a sealed, traceable, container,

or package used for the purpose of containment of cannabis or

cannabis-infused product during transportation.

"Cannabis flower" means marijuana, hashish, and other

substances that are identified as including any parts of the

plant Cannabis sativa and including derivatives or subspecies,

such as indica, of all strains of cannabis; including raw

kief, leaves, and buds, but not resin that has been extracted

from any part of such plant; nor any compound, manufacture,

salt, derivative, mixture, or preparation of such plant, its

seeds, or resin.

"Cannabis-infused product" means a beverage, food, oil,

ointment, tincture, topical formulation, or another product

containing cannabis or cannabis concentrate that is not

intended to be smoked.

"Cannabis paraphernalia" means equipment, products, or

materials intended to be used for planting, propagating,

cultivating, growing, harvesting, manufacturing, producing,

processing, preparing, testing, analyzing, packaging,

repackaging, storing, containing, concealing, ingesting, or

otherwise introducing cannabis into the human body.

"Cannabis plant monitoring system" or "plant monitoring

system" means a system that includes, but is not limited to,

testing and data collection established and maintained by the

cultivation center, craft grower, or processing organization

and that is available to the Department of Revenue, the

Department of Agriculture, the Department of Financial and

Professional Regulation, and the Illinois Department of State

Police for the purposes of documenting each cannabis plant and

monitoring plant development throughout the life cycle of a

cannabis plant cultivated for the intended use by a customer

from seed planting to final packaging.

"Cannabis testing facility" means an entity registered by

the Department of Agriculture to test cannabis for potency and

contaminants.

"Clone" means a plant section from a female cannabis plant

not yet rootbound, growing in a water solution or other

propagation matrix, that is capable of developing into a new

plant.

"Community College Cannabis Vocational Training Pilot

Program faculty participant" means a person who is 21 years of

age or older, licensed by the Department of Agriculture, and

is employed or contracted by an Illinois community college to

provide student instruction using cannabis plants at an

Illinois Community College.

"Community College Cannabis Vocational Training Pilot

Program faculty participant Agent Identification Card" means a

document issued by the Department of Agriculture that

identifies a person as a Community College Cannabis Vocational

Training Pilot Program faculty participant.

"Conditional Adult Use Dispensing Organization License"

means a license awarded to top-scoring applicants for an Adult

Use Dispensing Organization License that reserves the right to

an Adult Use Dispensing Organization License if the applicant

meets certain conditions described in this Act, but does not

entitle the recipient to begin purchasing or selling cannabis

or cannabis-infused products.

"Conditional Adult Use Cultivation Center License" means a

license awarded to top-scoring applicants for an Adult Use

Cultivation Center License that reserves the right to an Adult

Use Cultivation Center License if the applicant meets certain

conditions as determined by the Department of Agriculture by

rule, but does not entitle the recipient to begin growing,

processing, or selling cannabis or cannabis-infused products.

"Craft grower" means a facility operated by an

organization or business that is licensed by the Department of

Agriculture to cultivate, dry, cure, and package cannabis and

perform other necessary activities to make cannabis available

for sale at a dispensing organization or use at a processing

organization. A craft grower may contain up to 5,000 square

feet of canopy space on its premises for plants in the

flowering state. The Department of Agriculture may authorize

an increase or decrease of flowering stage cultivation space

in increments of 3,000 square feet by rule based on market

need, craft grower capacity, and the licensee's history of

compliance or noncompliance, with a maximum space of 14,000

square feet for cultivating plants in the flowering stage,

which must be cultivated in all stages of growth in an enclosed

and secure area. A craft grower may share premises with a

processing organization or a dispensing organization, or both,

provided each licensee stores currency and cannabis or

cannabis-infused products in a separate secured vault to which

the other licensee does not have access or all licensees

sharing a vault share more than 50% of the same ownership.

"Craft grower agent" means a principal officer, board

member, employee, or other agent of a craft grower who is 21

years of age or older.

"Craft Grower Agent Identification Card" means a document

issued by the Department of Agriculture that identifies a

person as a craft grower agent.

"Cultivation center" means a facility operated by an

organization or business that is licensed by the Department of

Agriculture to cultivate, process, transport (unless otherwise

limited by this Act), and perform other necessary activities

to provide cannabis and cannabis-infused products to cannabis

business establishments.

"Cultivation center agent" means a principal officer,

board member, employee, or other agent of a cultivation center

who is 21 years of age or older.

"Cultivation Center Agent Identification Card" means a

document issued by the Department of Agriculture that

identifies a person as a cultivation center agent.

"Currency" means currency and coin of the United States.

"Dispensary" means a facility operated by a dispensing

organization at which activities licensed by this Act may

occur.

"Dispensing organization" means a facility operated by an

organization or business that is licensed by the Department of

Financial and Professional Regulation to acquire cannabis from

a cultivation center, craft grower, processing organization,

or another dispensary for the purpose of selling or dispensing

cannabis, cannabis-infused products, cannabis seeds,

paraphernalia, or related supplies under this Act to

purchasers or to qualified registered medical cannabis

patients and caregivers. As used in this Act, "dispensing

organization" includes a registered medical cannabis

organization as defined in the Compassionate Use of Medical

Cannabis Program Act or its successor Act that has obtained an

Early Approval Adult Use Dispensing Organization License.

"Dispensing organization agent" means a principal officer,

employee, or agent of a dispensing organization who is 21

years of age or older.

"Dispensing organization agent identification card" means

a document issued by the Department of Financial and

Professional Regulation that identifies a person as a

dispensing organization agent.

"Disproportionately Impacted Area" means a census tract or

comparable geographic area that satisfies the following

criteria as determined by the Department of Commerce and

Economic Opportunity, that:

(1) meets at least one of the following criteria:

(A) the area has a poverty rate of at least 20%

according to the latest federal decennial census; or

(B) 75% or more of the children in the area

participate in the federal free lunch program

according to reported statistics from the State Board

of Education; or

(C) at least 20% of the households in the area

receive assistance under the Supplemental Nutrition

Assistance Program; or

(D) the area has an average unemployment rate, as

determined by the Illinois Department of Employment

Security, that is more than 120% of the national

unemployment average, as determined by the United

States Department of Labor, for a period of at least 2

consecutive calendar years preceding the date of the

application; and

(2) has high rates of arrest, conviction, and

incarceration related to the sale, possession, use,

cultivation, manufacture, or transport of cannabis.

"Early Approval Adult Use Cultivation Center License"

means a license that permits a medical cannabis cultivation

center licensed under the Compassionate Use of Medical

Cannabis Program Act as of the effective date of this Act to

begin cultivating, infusing, packaging, transporting (unless

otherwise provided in this Act), processing and selling

cannabis or cannabis-infused product to cannabis business

establishments for resale to purchasers as permitted by this

Act as of January 1, 2020.

"Early Approval Adult Use Dispensing Organization License"

means a license that permits a medical cannabis dispensing

organization licensed under the Compassionate Use of Medical

Cannabis Program Act as of the effective date of this Act to

begin selling cannabis or cannabis-infused product to

purchasers as permitted by this Act as of January 1, 2020.

"Early Approval Adult Use Dispensing Organization at a

secondary site" means a license that permits a medical

cannabis dispensing organization licensed under the

Compassionate Use of Medical Cannabis Program Act as of the

effective date of this Act to begin selling cannabis or

cannabis-infused product to purchasers as permitted by this

Act on January 1, 2020 at a different dispensary location from

its existing registered medical dispensary location.

"Enclosed, locked facility" means a room, greenhouse,

building, or other enclosed area equipped with locks or other

security devices that permit access only by cannabis business

establishment agents working for the licensed cannabis

business establishment or acting pursuant to this Act to

cultivate, process, store, or distribute cannabis.

"Enclosed, locked space" means a closet, room, greenhouse,

building or other enclosed area equipped with locks or other

security devices that permit access only by authorized

individuals under this Act. "Enclosed, locked space" may

include:

(1) a space within a residential building that (i) is

the primary residence of the individual cultivating 5 or

fewer cannabis plants that are more than 5 inches tall and

(ii) includes sleeping quarters and indoor plumbing. The

space must only be accessible by a key or code that is

different from any key or code that can be used to access

the residential building from the exterior; or

(2) a structure, such as a shed or greenhouse, that

lies on the same plot of land as a residential building

that (i) includes sleeping quarters and indoor plumbing

and (ii) is used as a primary residence by the person

cultivating 5 or fewer cannabis plants that are more than

5 inches tall, such as a shed or greenhouse. The structure

must remain locked when it is unoccupied by people.

"Financial institution" has the same meaning as "financial

organization" as defined in Section 1501 of the Illinois

Income Tax Act, and also includes the holding companies,

subsidiaries, and affiliates of such financial organizations.

"Flowering stage" means the stage of cultivation where and

when a cannabis plant is cultivated to produce plant material

for cannabis products. This includes mature plants as follows:

(1) if greater than 2 stigmas are visible at each

internode of the plant; or

(2) if the cannabis plant is in an area that has been

intentionally deprived of light for a period of time

intended to produce flower buds and induce maturation,

from the moment the light deprivation began through the

remainder of the marijuana plant growth cycle.

"Individual" means a natural person.

"Infuser organization" or "infuser" means a facility

operated by an organization or business that is licensed by

the Department of Agriculture to directly incorporate cannabis

or cannabis concentrate into a product formulation to produce

a cannabis-infused product.

"Kief" means the resinous crystal-like trichomes that are

found on cannabis and that are accumulated, resulting in a

higher concentration of cannabinoids, untreated by heat or

pressure, or extracted using a solvent.

"Labor peace agreement" means an agreement between a

cannabis business establishment and any labor organization

recognized under the National Labor Relations Act, referred to

in this Act as a bona fide labor organization, that prohibits

labor organizations and members from engaging in picketing,

work stoppages, boycotts, and any other economic interference

with the cannabis business establishment. This agreement means

that the cannabis business establishment has agreed not to

disrupt efforts by the bona fide labor organization to

communicate with, and attempt to organize and represent, the

cannabis business establishment's employees. The agreement

shall provide a bona fide labor organization access at

reasonable times to areas in which the cannabis business

establishment's employees work, for the purpose of meeting

with employees to discuss their right to representation,

employment rights under State law, and terms and conditions of

employment. This type of agreement shall not mandate a

particular method of election or certification of the bona

fide labor organization.

"Limited access area" means a room or other area under the

control of a cannabis dispensing organization licensed under

this Act and upon the licensed premises where cannabis sales

occur with access limited to purchasers, dispensing

organization owners and other dispensing organization agents,

or service professionals conducting business with the

dispensing organization, or, if sales to registered qualifying

patients, caregivers, provisional patients, and Opioid

Alternative Pilot Program participants licensed pursuant to

the Compassionate Use of Medical Cannabis Program Act are also

permitted at the dispensary, registered qualifying patients,

caregivers, provisional patients, and Opioid Alternative Pilot

Program participants.

"Member of an impacted family" means an individual who has

a parent, legal guardian, child, spouse, or dependent, or was

a dependent of an individual who, prior to the effective date

of this Act, was arrested for, convicted of, or adjudicated

delinquent for any offense that is eligible for expungement

under this Act.

"Mother plant" means a cannabis plant that is cultivated

or maintained for the purpose of generating clones, and that

will not be used to produce plant material for sale to an

infuser or dispensing organization.

"Ordinary public view" means within the sight line with

normal visual range of a person, unassisted by visual aids,

from a public street or sidewalk adjacent to real property, or

from within an adjacent property.

"Ownership and control" means ownership of at least 51% of

the business, including corporate stock if a corporation, and

control over the management and day-to-day operations of the

business and an interest in the capital, assets, and profits

and losses of the business proportionate to percentage of

ownership.

"Person" means a natural individual, firm, partnership,

association, joint stock company, joint venture, public or

private corporation, limited liability company, or a receiver,

executor, trustee, guardian, or other representative appointed

by order of any court.

"Possession limit" means the amount of cannabis under

Section 10-10 that may be possessed at any one time by a person

21 years of age or older or who is a registered qualifying

medical cannabis patient or caregiver under the Compassionate

Use of Medical Cannabis Program Act.

"Principal officer" includes a cannabis business

establishment applicant or licensed cannabis business

establishment's board member, owner with more than 1% interest

of the total cannabis business establishment or more than 5%

interest of the total cannabis business establishment of a

publicly traded company, president, vice president, secretary,

treasurer, partner, officer, member, manager member, or person

with a profit sharing, financial interest, or revenue sharing

arrangement. The definition includes a person with authority

to control the cannabis business establishment, a person who

assumes responsibility for the debts of the cannabis business

establishment and who is further defined in this Act.

"Primary residence" means a dwelling where a person

usually stays or stays more often than other locations. It may

be determined by, without limitation, presence, tax filings;

address on an Illinois driver's license, an Illinois

Identification Card, or an Illinois Person with a Disability

Identification Card; or voter registration. No person may have

more than one primary residence.

"Processing organization" or "processor" means a facility

operated by an organization or business that is licensed by

the Department of Agriculture to either extract constituent

chemicals or compounds to produce cannabis concentrate or

incorporate cannabis or cannabis concentrate into a product

formulation to produce a cannabis product.

"Processing organization agent" means a principal officer,

board member, employee, or agent of a processing organization.

"Processing organization agent identification card" means

a document issued by the Department of Agriculture that

identifies a person as a processing organization agent.

"Purchaser" means a person 21 years of age or older who

acquires cannabis for a valuable consideration. "Purchaser"

does not include a cardholder under the Compassionate Use of

Medical Cannabis Program Act.

"Qualified Social Equity Applicant" means a Social Equity

Applicant who has been awarded a conditional license under

this Act to operate a cannabis business establishment.

"Resided" means an individual's primary residence was

located within the relevant geographic area as established by

2 of the following:

(1) a signed lease agreement that includes the

applicant's name;

(2) a property deed that includes the applicant's

name;

(3) school records;

(4) a voter registration card;

(5) an Illinois driver's license, an Illinois

Identification Card, or an Illinois Person with a

Disability Identification Card;

(6) a paycheck stub;

(7) a utility bill;

(8) tax records; or

(9) any other proof of residency or other information

necessary to establish residence as provided by rule.

"Smoking" means the inhalation of smoke caused by the

combustion of cannabis.

"Social Equity Applicant" means an applicant that is an

Illinois resident that meets one of the following criteria:

(1) an applicant with at least 51% ownership and

control by one or more individuals who have resided for at

least 5 of the preceding 10 years in a Disproportionately

Impacted Area;

(2) an applicant with at least 51% ownership and

control by one or more individuals who:

(i) have been arrested for, convicted of, or

adjudicated delinquent for any offense that is

eligible for expungement under this Act; or

(ii) is a member of an impacted family;

(3) for applicants with a minimum of 10 full-time

employees, an applicant with at least 51% of current

employees who:

(i) currently reside in a Disproportionately

Impacted Area; or

(ii) have been arrested for, convicted of, or

adjudicated delinquent for any offense that is

eligible for expungement under this Act or member of

an impacted family.

Nothing in this Act shall be construed to preempt or limit

the duties of any employer under the Job Opportunities for

Qualified Applicants Act. Nothing in this Act shall permit an

employer to require an employee to disclose sealed or expunged

offenses, unless otherwise required by law.

"Tincture" means a cannabis-infused solution, typically

comprised of alcohol, glycerin, or vegetable oils, derived

either directly from the cannabis plant or from a processed

cannabis extract. A tincture is not an alcoholic liquor as

defined in the Liquor Control Act of 1934. A tincture shall

include a calibrated dropper or other similar device capable

of accurately measuring servings.

"Transporting organization" or "transporter" means an

organization or business that is licensed by the Department of

Agriculture to transport cannabis or cannabis-infused product

on behalf of a cannabis business establishment or a community

college licensed under the Community College Cannabis

Vocational Training Pilot Program.

"Transporting organization agent" means a principal

officer, board member, employee, or agent of a transporting

organization.

"Transporting organization agent identification card"

means a document issued by the Department of Agriculture that

identifies a person as a transporting organization agent.

"Unit of local government" means any county, city,

village, or incorporated town.

"Vegetative stage" means the stage of cultivation in which

a cannabis plant is propagated to produce additional cannabis

plants or reach a sufficient size for production. This

includes seedlings, clones, mothers, and other immature

cannabis plants as follows:

(1) if the cannabis plant is in an area that has not

been intentionally deprived of light for a period of time

intended to produce flower buds and induce maturation, it

has no more than 2 stigmas visible at each internode of the

cannabis plant; or

(2) any cannabis plant that is cultivated solely for

the purpose of propagating clones and is never used to

produce cannabis.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/5-20)

Sec. 5-20. Background checks.

(a) Through the Illinois Department of State Police, the

licensing or issuing Department shall conduct a criminal

history record check of the prospective principal officers,

board members, and agents of a cannabis business establishment

applying for a license or identification card under this Act.

Each cannabis business establishment prospective principal

officer, board member, or agent shall submit his or her

fingerprints to the Illinois Department of State Police in the

form and manner prescribed by the Illinois Department of State

Police.

Unless otherwise provided in this Act, such fingerprints

shall be transmitted through a live scan fingerprint vendor

licensed by the Department of Financial and Professional

Regulation. These fingerprints shall be checked against the

fingerprint records now and hereafter filed in the Illinois

Department of State Police and Federal Bureau of Investigation

criminal history records databases. The Illinois Department of

State Police shall charge a fee for conducting the criminal

history record check, which shall be deposited into the State

Police Services Fund and shall not exceed the actual cost of

the State and national criminal history record check. The

Illinois Department of State Police shall furnish, pursuant to

positive identification, all Illinois conviction information

and shall forward the national criminal history record

information to:

(i) the Department of Agriculture, with respect to a

cultivation center, craft grower, infuser organization, or

transporting organization; or

(ii) the Department of Financial and Professional

Regulation, with respect to a dispensing organization.

(b) When applying for the initial license or

identification card, the background checks for all prospective

principal officers, board members, and agents shall be

completed before submitting the application to the licensing

or issuing agency.

(c) All applications for licensure under this Act by

applicants with criminal convictions shall be subject to

Sections 2105-131, 2105-135, and 2105-205 of the Department of

Professional Regulation Law of the Civil Administrative Code

of Illinois.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-25)

Sec. 15-25. Awarding of Conditional Adult Use Dispensing

Organization Licenses prior to January 1, 2021.

(a) The Department shall issue up to 75 Conditional Adult

Use Dispensing Organization Licenses before May 1, 2020.

(b) The Department shall make the application for a

Conditional Adult Use Dispensing Organization License

available no later than October 1, 2019 and shall accept

applications no later than January 1, 2020.

(c) To ensure the geographic dispersion of Conditional

Adult Use Dispensing Organization License holders, the

following number of licenses shall be awarded in each BLS

Region as determined by each region's percentage of the

State's population:

(1) Bloomington: 1

(2) Cape Girardeau: 1

(3) Carbondale-Marion: 1

(4) Champaign-Urbana: 1

(5) Chicago-Naperville-Elgin: 47

(6) Danville: 1

(7) Davenport-Moline-Rock Island: 1

(8) Decatur: 1

(9) Kankakee: 1

(10) Peoria: 3

(11) Rockford: 2

(12) St. Louis: 4

(13) Springfield: 1

(14) Northwest Illinois nonmetropolitan: 3

(15) West Central Illinois nonmetropolitan: 3

(16) East Central Illinois nonmetropolitan: 2

(17) South Illinois nonmetropolitan: 2

(d) An applicant seeking issuance of a Conditional Adult

Use Dispensing Organization License shall submit an

application on forms provided by the Department. An applicant

must meet the following requirements:

(1) Payment of a nonrefundable application fee of

$5,000 for each license for which the applicant is

applying, which shall be deposited into the Cannabis

Regulation Fund;

(2) Certification that the applicant will comply with

the requirements contained in this Act;

(3) The legal name of the proposed dispensing

organization;

(4) A statement that the dispensing organization

agrees to respond to the Department's supplemental

requests for information;

(5) From each principal officer, a statement

indicating whether that person:

(A) has previously held or currently holds an

ownership interest in a cannabis business

establishment in Illinois; or

(B) has held an ownership interest in a dispensing

organization or its equivalent in another state or

territory of the United States that had the dispensing

organization registration or license suspended,

revoked, placed on probationary status, or subjected

to other disciplinary action;

(6) Disclosure of whether any principal officer has

ever filed for bankruptcy or defaulted on spousal support

or child support obligation;

(7) A resume for each principal officer, including

whether that person has an academic degree, certification,

or relevant experience with a cannabis business

establishment or in a related industry;

(8) A description of the training and education that

will be provided to dispensing organization agents;

(9) A copy of the proposed operating bylaws;

(10) A copy of the proposed business plan that

complies with the requirements in this Act, including, at

a minimum, the following:

(A) A description of services to be offered; and

(B) A description of the process of dispensing

cannabis;

(11) A copy of the proposed security plan that

complies with the requirements in this Article, including:

(A) The process or controls that will be

implemented to monitor the dispensary, secure the

premises, agents, and currency, and prevent the

diversion, theft, or loss of cannabis; and

(B) The process to ensure that access to the

restricted access areas is restricted to, registered

agents, service professionals, transporting

organization agents, Department inspectors, and

security personnel;

(12) A proposed inventory control plan that complies

with this Section;

(13) A proposed floor plan, a square footage estimate,

and a description of proposed security devices, including,

without limitation, cameras, motion detectors, servers,

video storage capabilities, and alarm service providers;

(14) The name, address, social security number, and

date of birth of each principal officer and board member

of the dispensing organization; each of those individuals

shall be at least 21 years of age;

(15) Evidence of the applicant's status as a Social

Equity Applicant, if applicable, and whether a Social

Equity Applicant plans to apply for a loan or grant issued

by the Department of Commerce and Economic Opportunity;

(16) The address, telephone number, and email address

of the applicant's principal place of business, if

applicable. A post office box is not permitted;

(17) Written summaries of any information regarding

instances in which a business or not-for-profit that a

prospective board member previously managed or served on

were fined or censured, or any instances in which a

business or not-for-profit that a prospective board member

previously managed or served on had its registration

suspended or revoked in any administrative or judicial

proceeding;

(18) A plan for community engagement;

(19) Procedures to ensure accurate recordkeeping and

security measures that are in accordance with this Article

and Department rules;

(20) The estimated volume of cannabis it plans to

store at the dispensary;

(21) A description of the features that will provide

accessibility to purchasers as required by the Americans

with Disabilities Act;

(22) A detailed description of air treatment systems

that will be installed to reduce odors;

(23) A reasonable assurance that the issuance of a

license will not have a detrimental impact on the

community in which the applicant wishes to locate;

(24) The dated signature of each principal officer;

(25) A description of the enclosed, locked facility

where cannabis will be stored by the dispensing

organization;

(26) Signed statements from each dispensing

organization agent stating that he or she will not divert

cannabis;

(27) The number of licenses it is applying for in each

BLS Region;

(28) A diversity plan that includes a narrative of at

least 2,500 words that establishes a goal of diversity in

ownership, management, employment, and contracting to

ensure that diverse participants and groups are afforded

equality of opportunity;

(29) A contract with a private security contractor

that is licensed under Section 10-5 of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004 in order for the

dispensary to have adequate security at its facility; and

(30) Other information deemed necessary by the

Illinois Cannabis Regulation Oversight Officer to conduct

the disparity and availability study referenced in

subsection (e) of Section 5-45.

(e) An applicant who receives a Conditional Adult Use

Dispensing Organization License under this Section has 180

days from the date of award to identify a physical location for

the dispensing organization retail storefront. Before a

conditional licensee receives an authorization to build out

the dispensing organization from the Department, the

Department shall inspect the physical space selected by the

conditional licensee. The Department shall verify the site is

suitable for public access, the layout promotes the safe

dispensing of cannabis, the location is sufficient in size,

power allocation, lighting, parking, handicapped accessible

parking spaces, accessible entry and exits as required by the

Americans with Disabilities Act, product handling, and

storage. The applicant shall also provide a statement of

reasonable assurance that the issuance of a license will not

have a detrimental impact on the community. The applicant

shall also provide evidence that the location is not within

1,500 feet of an existing dispensing organization. If an

applicant is unable to find a suitable physical address in the

opinion of the Department within 180 days of the issuance of

the Conditional Adult Use Dispensing Organization License, the

Department may extend the period for finding a physical

address another 180 days if the Conditional Adult Use

Dispensing Organization License holder demonstrates concrete

attempts to secure a location and a hardship. If the

Department denies the extension or the Conditional Adult Use

Dispensing Organization License holder is unable to find a

location or become operational within 360 days of being

awarded a conditional license, the Department shall rescind

the conditional license and award it to the next highest

scoring applicant in the BLS Region for which the license was

assigned, provided the applicant receiving the license: (i)

confirms a continued interest in operating a dispensing

organization; (ii) can provide evidence that the applicant

continues to meet all requirements for holding a Conditional

Adult Use Dispensing Organization License set forth in this

Act; and (iii) has not otherwise become ineligible to be

awarded a dispensing organization license. If the new awardee

is unable to accept the Conditional Adult Use Dispensing

Organization License, the Department shall award the

Conditional Adult Use Dispensing Organization License to the

next highest scoring applicant in the same manner. The new

awardee shall be subject to the same required deadlines as

provided in this subsection.

(e-5) If, within 180 days of being awarded a Conditional

Adult Use Dispensing Organization License, a dispensing

organization is unable to find a location within the BLS

Region in which it was awarded a Conditional Adult Use

Dispensing Organization License because no jurisdiction within

the BLS Region allows for the operation of an Adult Use

Dispensing Organization, the Department of Financial and

Professional Regulation may authorize the Conditional Adult

Use Dispensing Organization License holder to transfer its

license to a BLS Region specified by the Department.

(f) A dispensing organization that is awarded a

Conditional Adult Use Dispensing Organization License pursuant

to the criteria in Section 15-30 shall not purchase, possess,

sell, or dispense cannabis or cannabis-infused products until

the person has received an Adult Use Dispensing Organization

License issued by the Department pursuant to Section 15-36 of

this Act.

(g) The Department shall conduct a background check of the

prospective organization agents in order to carry out this

Article. The Illinois Department of State Police shall charge

the applicant a fee for conducting the criminal history record

check, which shall be deposited into the State Police Services

Fund and shall not exceed the actual cost of the record check.

Each person applying as a dispensing organization agent shall

submit a full set of fingerprints to the Illinois Department

of State Police for the purpose of obtaining a State and

federal criminal records check. These fingerprints shall be

checked against the fingerprint records now and hereafter, to

the extent allowed by law, filed in the Illinois Department of

State Police and Federal Bureau of Identification criminal

history records databases. The Illinois Department of State

Police shall furnish, following positive identification, all

Illinois conviction information to the Department.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-30)

Sec. 15-30. Selection criteria for conditional licenses

awarded under Section 15-25.

(a) Applicants for a Conditional Adult Use Dispensing

Organization License must submit all required information,

including the information required in Section 15-25, to the

Department. Failure by an applicant to submit all required

information may result in the application being disqualified.

(b) If the Department receives an application that fails

to provide the required elements contained in this Section,

the Department shall issue a deficiency notice to the

applicant. The applicant shall have 10 calendar days from the

date of the deficiency notice to resubmit the incomplete

information. Applications that are still incomplete after this

opportunity to cure will not be scored and will be

disqualified.

(c) The Department will award up to 250 points to complete

applications based on the sufficiency of the applicant's

responses to required information. Applicants will be awarded

points based on a determination that the application

satisfactorily includes the following elements:

(1) Suitability of Employee Training Plan (15 points).

The plan includes an employee training plan that

demonstrates that employees will understand the rules

and laws to be followed by dispensary employees, have

knowledge of any security measures and operating

procedures of the dispensary, and are able to advise

purchasers on how to safely consume cannabis and use

individual products offered by the dispensary.

(2) Security and Recordkeeping (65 points).

(A) The security plan accounts for the prevention

of the theft or diversion of cannabis. The security

plan demonstrates safety procedures for dispensing

organization agents and purchasers, and safe delivery

and storage of cannabis and currency. It demonstrates

compliance with all security requirements in this Act

and rules.

(B) A plan for recordkeeping, tracking, and

monitoring inventory, quality control, and other

policies and procedures that will promote standard

recordkeeping and discourage unlawful activity. This

plan includes the applicant's strategy to communicate

with the Department and the Illinois Department of

State Police on the destruction and disposal of

cannabis. The plan must also demonstrate compliance

with this Act and rules.

(C) The security plan shall also detail which

private security contractor licensed under Section

10-5 of the Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of

2004 the dispensary will contract with in order to

provide adequate security at its facility.

(3) Applicant's Business Plan, Financials, Operating

and Floor Plan (65 points).

(A) The business plan shall describe, at a

minimum, how the dispensing organization will be

managed on a long-term basis. This shall include a

description of the dispensing organization's

point-of-sale system, purchases and denials of sale,

confidentiality, and products and services to be

offered. It will demonstrate compliance with this Act

and rules.

(B) The operating plan shall include, at a

minimum, best practices for day-to-day dispensary

operation and staffing. The operating plan may also

include information about employment practices,

including information about the percentage of

full-time employees who will be provided a living

wage.

(C) The proposed floor plan is suitable for public

access, the layout promotes safe dispensing of

cannabis, is compliant with the Americans with

Disabilities Act and the Environmental Barriers Act,

and facilitates safe product handling and storage.

(4) Knowledge and Experience (30 points).

(A) The applicant's principal officers must

demonstrate experience and qualifications in business

management or experience with the cannabis industry.

This includes ensuring optimal safety and accuracy in

the dispensing and sale of cannabis.

(B) The applicant's principal officers must

demonstrate knowledge of various cannabis product

strains or varieties and describe the types and

quantities of products planned to be sold. This

includes confirmation of whether the dispensing

organization plans to sell cannabis paraphernalia or

edibles.

(C) Knowledge and experience may be demonstrated

through experience in other comparable industries that

reflect on the applicant's ability to operate a

cannabis business establishment.

(5) Status as a Social Equity Applicant (50 points).

The applicant meets the qualifications for a

Social Equity Applicant as set forth in this Act.

(6) Labor and employment practices (5 points): The

applicant may describe plans to provide a safe, healthy,

and economically beneficial working environment for its

agents, including, but not limited to, codes of conduct,

health care benefits, educational benefits, retirement

benefits, living wage standards, and entering a labor

peace agreement with employees.

(7) Environmental Plan (5 points): The applicant may

demonstrate an environmental plan of action to minimize

the carbon footprint, environmental impact, and resource

needs for the dispensary, which may include, without

limitation, recycling cannabis product packaging.

(8) Illinois owner (5 points): The applicant is 51% or

more owned and controlled by an Illinois resident, who can

prove residency in each of the past 5 years with tax

records or 2 of the following:

(A) a signed lease agreement that includes the

applicant's name;

(B) a property deed that includes the applicant's

name;

(C) school records;

(D) a voter registration card;

(E) an Illinois driver's license, an Illinois

Identification Card, or an Illinois Person with a

Disability Identification Card;

(F) a paycheck stub;

(G) a utility bill; or

(H) any other proof of residency or other

information necessary to establish residence as

provided by rule.

(9) Status as veteran (5 points): The applicant is 51%

or more controlled and owned by an individual or

individuals who meet the qualifications of a veteran as

defined by Section 45-57 of the Illinois Procurement Code.

(10) A diversity plan (5 points): that includes a

narrative of not more than 2,500 words that establishes a

goal of diversity in ownership, management, employment,

and contracting to ensure that diverse participants and

groups are afforded equality of opportunity.

(d) The Department may also award up to 2 bonus points for

a plan to engage with the community. The applicant may

demonstrate a desire to engage with its community by

participating in one or more of, but not limited to, the

following actions: (i) establishment of an incubator program

designed to increase participation in the cannabis industry by

persons who would qualify as Social Equity Applicants; (ii)

providing financial assistance to substance abuse treatment

centers; (iii) educating children and teens about the

potential harms of cannabis use; or (iv) other measures

demonstrating a commitment to the applicant's community. Bonus

points will only be awarded if the Department receives

applications that receive an equal score for a particular

region.

(e) The Department may verify information contained in

each application and accompanying documentation to assess the

applicant's veracity and fitness to operate a dispensing

organization.

(f) The Department may, in its discretion, refuse to issue

an authorization to any applicant:

(1) Who is unqualified to perform the duties required

of the applicant;

(2) Who fails to disclose or states falsely any

information called for in the application;

(3) Who has been found guilty of a violation of this

Act, or whose medical cannabis dispensing organization,

medical cannabis cultivation organization, or Early

Approval Adult Use Dispensing Organization License, or

Early Approval Adult Use Dispensing Organization License

at a secondary site, or Early Approval Cultivation Center

License was suspended, restricted, revoked, or denied for

just cause, or the applicant's cannabis business

establishment license was suspended, restricted, revoked,

or denied in any other state; or

(4) Who has engaged in a pattern or practice of unfair

or illegal practices, methods, or activities in the

conduct of owning a cannabis business establishment or

other business.

(g) The Department shall deny the license if any principal

officer, board member, or person having a financial or voting

interest of 5% or greater in the licensee is delinquent in

filing any required tax returns or paying any amounts owed to

the State of Illinois.

(h) The Department shall verify an applicant's compliance

with the requirements of this Article and rules before issuing

a dispensing organization license.

(i) Should the applicant be awarded a license, the

information and plans provided in the application, including

any plans submitted for bonus points, shall become a condition

of the Conditional Adult Use Dispensing Organization Licenses

and any Adult Use Dispensing Organization License issued to

the holder of the Conditional Adult Use Dispensing

Organization License, except as otherwise provided by this Act

or rule. Dispensing organizations have a duty to disclose any

material changes to the application. The Department shall

review all material changes disclosed by the dispensing

organization, and may re-evaluate its prior decision regarding

the awarding of a license, including, but not limited to,

suspending or permanently revoking a license. Failure to

comply with the conditions or requirements in the application

may subject the dispensing organization to discipline, up to

and including suspension or permanent revocation of its

authorization or license by the Department.

(j) If an applicant has not begun operating as a

dispensing organization within one year of the issuance of the

Conditional Adult Use Dispensing Organization License, the

Department may permanently revoke the Conditional Adult Use

Dispensing Organization License and award it to the next

highest scoring applicant in the BLS Region if a suitable

applicant indicates a continued interest in the license or

begin a new selection process to award a Conditional Adult Use

Dispensing Organization License.

(k) The Department shall deny an application if granting

that application would result in a single person or entity

having a direct or indirect financial interest in more than 10

Early Approval Adult Use Dispensing Organization Licenses,

Conditional Adult Use Dispensing Organization Licenses, or

Adult Use Dispensing Organization Licenses. Any entity that is

awarded a license that results in a single person or entity

having a direct or indirect financial interest in more than 10

licenses shall forfeit the most recently issued license and

suffer a penalty to be determined by the Department, unless

the entity declines the license at the time it is awarded.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-40)

Sec. 15-40. Dispensing organization agent identification

card; agent training.

(a) The Department shall:

(1) verify the information contained in an application

or renewal for a dispensing organization agent

identification card submitted under this Article, and

approve or deny an application or renewal, within 30 days

of receiving a completed application or renewal

application and all supporting documentation required by

rule;

(2) issue a dispensing organization agent

identification card to a qualifying agent within 15

business days of approving the application or renewal;

(3) enter the registry identification number of the

dispensing organization where the agent works;

(4) within one year from the effective date of this

Act, allow for an electronic application process and

provide a confirmation by electronic or other methods that

an application has been submitted; and

(5) collect a $100 nonrefundable fee from the

applicant to be deposited into the Cannabis Regulation

Fund.

(b) A dispensing organization agent must keep his or her

identification card visible at all times when in the

dispensary.

(c) The dispensing organization agent identification cards

shall contain the following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

dispensing organization agent identification cards;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the cardholder; and

(4) a photograph of the cardholder.

(d) The dispensing organization agent identification cards

shall be immediately returned to the dispensing organization

upon termination of employment.

(e) The Department shall not issue an agent identification

card if the applicant is delinquent in filing any required tax

returns or paying any amounts owed to the State of Illinois.

(f) Any card lost by a dispensing organization agent shall

be reported to the Illinois Department of State Police and the

Department immediately upon discovery of the loss.

(g) An applicant shall be denied a dispensing organization

agent identification card renewal if he or she fails to

complete the training provided for in this Section.

(h) A dispensing organization agent shall only be required

to hold one card for the same employer regardless of what type

of dispensing organization license the employer holds.

(i) Cannabis retail sales training requirements.

(1) Within 90 days of September 1, 2019, or 90 days of

employment, whichever is later, all owners, managers,

employees, and agents involved in the handling or sale of

cannabis or cannabis-infused product employed by an adult

use dispensing organization or medical cannabis dispensing

organization as defined in Section 10 of the Compassionate

Use of Medical Cannabis Program Act shall attend and

successfully complete a Responsible Vendor Program.

(2) Each owner, manager, employee, and agent of an

adult use dispensing organization or medical cannabis

dispensing organization shall successfully complete the

program annually.

(3) Responsible Vendor Program Training modules shall

include at least 2 hours of instruction time approved by

the Department including:

(i) Health and safety concerns of cannabis use,

including the responsible use of cannabis, its

physical effects, onset of physiological effects,

recognizing signs of impairment, and appropriate

responses in the event of overconsumption.

(ii) Training on laws and regulations on driving

while under the influence and operating a watercraft

or snowmobile while under the influence.

(iii) Sales to minors prohibition. Training shall

cover all relevant Illinois laws and rules.

(iv) Quantity limitations on sales to purchasers.

Training shall cover all relevant Illinois laws and

rules.

(v) Acceptable forms of identification. Training

shall include:

(I) How to check identification; and

(II) Common mistakes made in verification;

(vi) Safe storage of cannabis;

(vii) Compliance with all inventory tracking

system regulations;

(viii) Waste handling, management, and disposal;

(ix) Health and safety standards;

(x) Maintenance of records;

(xi) Security and surveillance requirements;

(xii) Permitting inspections by State and local

licensing and enforcement authorities;

(xiii) Privacy issues;

(xiv) Packaging and labeling requirement for sales

to purchasers; and

(xv) Other areas as determined by rule.

(j) Blank.

(k) Upon the successful completion of the Responsible

Vendor Program, the provider shall deliver proof of completion

either through mail or electronic communication to the

dispensing organization, which shall retain a copy of the

certificate.

(l) The license of a dispensing organization or medical

cannabis dispensing organization whose owners, managers,

employees, or agents fail to comply with this Section may be

suspended or permanently revoked under Section 15-145 or may

face other disciplinary action.

(m) The regulation of dispensing organization and medical

cannabis dispensing employer and employee training is an

exclusive function of the State, and regulation by a unit of

local government, including a home rule unit, is prohibited.

This subsection (m) is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(n) Persons seeking Department approval to offer the

training required by paragraph (3) of subsection (i) may apply

for such approval between August 1 and August 15 of each

odd-numbered year in a manner prescribed by the Department.

(o) Persons seeking Department approval to offer the

training required by paragraph (3) of subsection (i) shall

submit a nonrefundable application fee of $2,000 to be

deposited into the Cannabis Regulation Fund or a fee as may be

set by rule. Any changes made to the training module shall be

approved by the Department.

(p) The Department shall not unreasonably deny approval of

a training module that meets all the requirements of paragraph

(3) of subsection (i). A denial of approval shall include a

detailed description of the reasons for the denial.

(q) Any person approved to provide the training required

by paragraph (3) of subsection (i) shall submit an application

for re-approval between August 1 and August 15 of each

odd-numbered year and include a nonrefundable application fee

of $2,000 to be deposited into the Cannabis Regulation Fund or

a fee as may be set by rule.

(r) All persons applying to become or renewing their

registrations to be agents, including agents-in-charge and

principal officers, shall disclose any disciplinary action

taken against them that may have occurred in Illinois, another

state, or another country in relation to their employment at a

cannabis business establishment or at any cannabis cultivation

center, processor, infuser, dispensary, or other cannabis

business establishment.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-65)

Sec. 15-65. Administration.

(a) A dispensing organization shall establish, maintain,

and comply with written policies and procedures as submitted

in the Business, Financial and Operating plan as required in

this Article or by rules established by the Department, and

approved by the Department, for the security, storage,

inventory, and distribution of cannabis. These policies and

procedures shall include methods for identifying, recording,

and reporting diversion, theft, or loss, and for correcting

errors and inaccuracies in inventories. At a minimum,

dispensing organizations shall ensure the written policies and

procedures provide for the following:

(1) Mandatory and voluntary recalls of cannabis

products. The policies shall be adequate to deal with

recalls due to any action initiated at the request of the

Department and any voluntary action by the dispensing

organization to remove defective or potentially defective

cannabis from the market or any action undertaken to

promote public health and safety, including:

(i) A mechanism reasonably calculated to contact

purchasers who have, or likely have, obtained the

product from the dispensary, including information on

the policy for return of the recalled product;

(ii) A mechanism to identify and contact the adult

use cultivation center, craft grower, or infuser that

manufactured the cannabis;

(iii) Policies for communicating with the

Department, the Department of Agriculture, and the

Department of Public Health within 24 hours of

discovering defective or potentially defective

cannabis; and

(iv) Policies for destruction of any recalled

cannabis product;

(2) Responses to local, State, or national

emergencies, including natural disasters, that affect the

security or operation of a dispensary;

(3) Segregation and destruction of outdated, damaged,

deteriorated, misbranded, or adulterated cannabis. This

procedure shall provide for written documentation of the

cannabis disposition;

(4) Ensure the oldest stock of a cannabis product is

distributed first. The procedure may permit deviation from

this requirement, if such deviation is temporary and

appropriate;

(5) Training of dispensing organization agents in the

provisions of this Act and rules, to effectively operate

the point-of-sale system and the State's verification

system, proper inventory handling and tracking, specific

uses of cannabis or cannabis-infused products, instruction

regarding regulatory inspection preparedness and law

enforcement interaction, awareness of the legal

requirements for maintaining status as an agent, and other

topics as specified by the dispensing organization or the

Department. The dispensing organization shall maintain

evidence of all training provided to each agent in its

files that is subject to inspection and audit by the

Department. The dispensing organization shall ensure

agents receive a minimum of 8 hours of training subject to

the requirements in subsection (i) of Section 15-40

annually, unless otherwise approved by the Department;

(6) Maintenance of business records consistent with

industry standards, including bylaws, consents, manual or

computerized records of assets and liabilities, audits,

monetary transactions, journals, ledgers, and supporting

documents, including agreements, checks, invoices,

receipts, and vouchers. Records shall be maintained in a

manner consistent with this Act and shall be retained for

5 years;

(7) Inventory control, including:

(i) Tracking purchases and denials of sale;

(ii) Disposal of unusable or damaged cannabis as

required by this Act and rules; and

(8) Purchaser education and support, including:

(i) Whether possession of cannabis is illegal

under federal law;

(ii) Current educational information issued by the

Department of Public Health about the health risks

associated with the use or abuse of cannabis;

(iii) Information about possible side effects;

(iv) Prohibition on smoking cannabis in public

places; and

(v) Offering any other appropriate purchaser

education or support materials.

(b) Blank.

(c) A dispensing organization shall maintain copies of the

policies and procedures on the dispensary premises and provide

copies to the Department upon request. The dispensing

organization shall review the dispensing organization policies

and procedures at least once every 12 months from the issue

date of the license and update as needed due to changes in

industry standards or as requested by the Department.

(d) A dispensing organization shall ensure that each

principal officer and each dispensing organization agent has a

current agent identification card in the agent's immediate

possession when the agent is at the dispensary.

(e) A dispensing organization shall provide prompt written

notice to the Department, including the date of the event,

when a dispensing organization agent no longer is employed by

the dispensing organization.

(f) A dispensing organization shall promptly document and

report any loss or theft of cannabis from the dispensary to the

Illinois Department of State Police and the Department. It is

the duty of any dispensing organization agent who becomes

aware of the loss or theft to report it as provided in this

Article.

(g) A dispensing organization shall post the following

information in a conspicuous location in an area of the

dispensary accessible to consumers:

(1) The dispensing organization's license;

(2) The hours of operation.

(h) Signage that shall be posted inside the premises.

(1) All dispensing organizations must display a

placard that states the following: "Cannabis consumption

can impair cognition and driving, is for adult use only,

may be habit forming, and should not be used by pregnant or

breastfeeding women.".

(2) Any dispensing organization that sells edible

cannabis-infused products must display a placard that

states the following:

(A) "Edible cannabis-infused products were

produced in a kitchen that may also process common

food allergens."; and

(B) "The effects of cannabis products can vary

from person to person, and it can take as long as two

hours to feel the effects of some cannabis-infused

products. Carefully review the portion size

information and warnings contained on the product

packaging before consuming.".

(3) All of the required signage in this subsection (h)

shall be no smaller than 24 inches tall by 36 inches wide,

with typed letters no smaller than 2 inches. The signage

shall be clearly visible and readable by customers. The

signage shall be placed in the area where cannabis and

cannabis-infused products are sold and may be translated

into additional languages as needed. The Department may

require a dispensary to display the required signage in a

different language, other than English, if the Secretary

deems it necessary.

(i) A dispensing organization shall prominently post

notices inside the dispensing organization that state

activities that are strictly prohibited and punishable by law,

including, but not limited to:

(1) no minors permitted on the premises unless the

minor is a minor qualifying patient under the

Compassionate Use of Medical Cannabis Program Act;

(2) distribution to persons under the age of 21 is

prohibited;

(3) transportation of cannabis or cannabis products

across state lines is prohibited.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-75)

Sec. 15-75. Inventory control system.

(a) A dispensing organization agent-in-charge shall have

primary oversight of the dispensing organization's cannabis

inventory verification system, and its point-of-sale system.

The inventory point-of-sale system shall be real-time,

web-based, and accessible by the Department at any time. The

point-of-sale system shall track, at a minimum the date of

sale, amount, price, and currency.

(b) A dispensing organization shall establish an account

with the State's verification system that documents:

(1) Each sales transaction at the time of sale and

each day's beginning inventory, acquisitions, sales,

disposal, and ending inventory.

(2) Acquisition of cannabis and cannabis-infused

products from a licensed adult use cultivation center,

craft grower, infuser, or transporter, including:

(i) A description of the products, including the

quantity, strain, variety, and batch number of each

product received;

(ii) The name and registry identification number

of the licensed adult use cultivation center, craft

grower, or infuser providing the cannabis and

cannabis-infused products;

(iii) The name and registry identification number

of the licensed adult use cultivation center, craft

grower, infuser, or transporting agent delivering the

cannabis;

(iv) The name and registry identification number

of the dispensing organization agent receiving the

cannabis; and

(v) The date of acquisition.

(3) The disposal of cannabis, including:

(i) A description of the products, including the

quantity, strain, variety, batch number, and reason

for the cannabis being disposed;

(ii) The method of disposal; and

(iii) The date and time of disposal.

(c) Upon cannabis delivery, a dispensing organization

shall confirm the product's name, strain name, weight, and

identification number on the manifest matches the information

on the cannabis product label and package. The product name

listed and the weight listed in the State's verification

system shall match the product packaging.

(d) The agent-in-charge shall conduct daily inventory

reconciliation documenting and balancing cannabis inventory by

confirming the State's verification system matches the

dispensing organization's point-of-sale system and the amount

of physical product at the dispensary.

(1) A dispensing organization must receive Department

approval before completing an inventory adjustment. It

shall provide a detailed reason for the adjustment.

Inventory adjustment documentation shall be kept at the

dispensary for 2 years from the date performed.

(2) If the dispensing organization identifies an

imbalance in the amount of cannabis after the daily

inventory reconciliation due to mistake, the dispensing

organization shall determine how the imbalance occurred

and immediately upon discovery take and document

corrective action. If the dispensing organization cannot

identify the reason for the mistake within 2 calendar days

after first discovery, it shall inform the Department

immediately in writing of the imbalance and the corrective

action taken to date. The dispensing organization shall

work diligently to determine the reason for the mistake.

(3) If the dispensing organization identifies an

imbalance in the amount of cannabis after the daily

inventory reconciliation or through other means due to

theft, criminal activity, or suspected criminal activity,

the dispensing organization shall immediately determine

how the reduction occurred and take and document

corrective action. Within 24 hours after the first

discovery of the reduction due to theft, criminal

activity, or suspected criminal activity, the dispensing

organization shall inform the Department and the Illinois

Department of State Police in writing.

(4) The dispensing organization shall file an annual

compilation report with the Department, including a

financial statement that shall include, but not be limited

to, an income statement, balance sheet, profit and loss

statement, statement of cash flow, wholesale cost and

sales, and any other documentation requested by the

Department in writing. The financial statement shall

include any other information the Department deems

necessary in order to effectively administer this Act and

all rules, orders, and final decisions promulgated under

this Act. Statements required by this Section shall be

filed with the Department within 60 days after the end of

the calendar year. The compilation report shall include a

letter authored by a licensed certified public accountant

that it has been reviewed and is accurate based on the

information provided. The dispensing organization,

financial statement, and accompanying documents are not

required to be audited unless specifically requested by

the Department.

(e) A dispensing organization shall:

(1) Maintain the documentation required in this

Section in a secure locked location at the dispensing

organization for 5 years from the date on the document;

(2) Provide any documentation required to be

maintained in this Section to the Department for review

upon request; and

(3) If maintaining a bank account, retain for a period

of 5 years a record of each deposit or withdrawal from the

account.

(f) If a dispensing organization chooses to have a return

policy for cannabis and cannabis products, the dispensing

organization shall seek prior approval from the Department.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-100)

Sec. 15-100. Security.

(a) A dispensing organization shall implement security

measures to deter and prevent entry into and theft of cannabis

or currency.

(b) A dispensing organization shall submit any changes to

the floor plan or security plan to the Department for

pre-approval. All cannabis shall be maintained and stored in a

restricted access area during construction.

(c) The dispensing organization shall implement security

measures to protect the premises, purchasers, and dispensing

organization agents including, but not limited to the

following:

(1) Establish a locked door or barrier between the

facility's entrance and the limited access area;

(2) Prevent individuals from remaining on the premises

if they are not engaging in activity permitted by this Act

or rules;

(3) Develop a policy that addresses the maximum

capacity and purchaser flow in the waiting rooms and

limited access areas;

(4) Dispose of cannabis in accordance with this Act

and rules;

(5) During hours of operation, store and dispense all

cannabis from the restricted access area. During

operational hours, cannabis shall be stored in an enclosed

locked room or cabinet and accessible only to specifically

authorized dispensing organization agents;

(6) When the dispensary is closed, store all cannabis

and currency in a reinforced vault room in the restricted

access area and in a manner as to prevent diversion,

theft, or loss;

(7) Keep the reinforced vault room and any other

equipment or cannabis storage areas securely locked and

protected from unauthorized entry;

(8) Keep an electronic daily log of dispensing

organization agents with access to the reinforced vault

room and knowledge of the access code or combination;

(9) Keep all locks and security equipment in good

working order;

(10) Maintain an operational security and alarm system

at all times;

(11) Prohibit keys, if applicable, from being left in

the locks, or stored or placed in a location accessible to

persons other than specifically authorized personnel;

(12) Prohibit accessibility of security measures,

including combination numbers, passwords, or electronic or

biometric security systems to persons other than

specifically authorized dispensing organization agents;

(13) Ensure that the dispensary interior and exterior

premises are sufficiently lit to facilitate surveillance;

(14) Ensure that trees, bushes, and other foliage

outside of the dispensary premises do not allow for a

person or persons to conceal themselves from sight;

(15) Develop emergency policies and procedures for

securing all product and currency following any instance

of diversion, theft, or loss of cannabis, and conduct an

assessment to determine whether additional safeguards are

necessary; and

(16) Develop sufficient additional safeguards in

response to any special security concerns, or as required

by the Department.

(d) The Department may request or approve alternative

security provisions that it determines are an adequate

substitute for a security requirement specified in this

Article. Any additional protections may be considered by the

Department in evaluating overall security measures.

(e) A dispensing organization may share premises with a

craft grower or an infuser organization, or both, provided

each licensee stores currency and cannabis or cannabis-infused

products in a separate secured vault to which the other

licensee does not have access or all licensees sharing a vault

share more than 50% of the same ownership.

(f) A dispensing organization shall provide additional

security as needed and in a manner appropriate for the

community where it operates.

(g) Restricted access areas.

(1) All restricted access areas must be identified by

the posting of a sign that is a minimum of 12 inches by 12

inches and that states "Do Not Enter - Restricted Access

Area - Authorized Personnel Only" in lettering no smaller

than one inch in height.

(2) All restricted access areas shall be clearly

described in the floor plan of the premises, in the form

and manner determined by the Department, reflecting walls,

partitions, counters, and all areas of entry and exit. The

floor plan shall show all storage, disposal, and retail

sales areas.

(3) All restricted access areas must be secure, with

locking devices that prevent access from the limited

access areas.

(h) Security and alarm.

(1) A dispensing organization shall have an adequate

security plan and security system to prevent and detect

diversion, theft, or loss of cannabis, currency, or

unauthorized intrusion using commercial grade equipment

installed by an Illinois licensed private alarm contractor

or private alarm contractor agency that shall, at a

minimum, include:

(i) A perimeter alarm on all entry points and

glass break protection on perimeter windows;

(ii) Security shatterproof tinted film on exterior

windows;

(iii) A failure notification system that provides

an audible, text, or visual notification of any

failure in the surveillance system, including, but not

limited to, panic buttons, alarms, and video

monitoring system. The failure notification system

shall provide an alert to designated dispensing

organization agents within 5 minutes after the

failure, either by telephone or text message;

(iv) A duress alarm, panic button, and alarm, or

holdup alarm and after-hours intrusion detection alarm

that by design and purpose will directly or indirectly

notify, by the most efficient means, the Public Safety

Answering Point for the law enforcement agency having

primary jurisdiction;

(v) Security equipment to deter and prevent

unauthorized entrance into the dispensary, including

electronic door locks on the limited and restricted

access areas that include devices or a series of

devices to detect unauthorized intrusion that may

include a signal system interconnected with a radio

frequency method, cellular, private radio signals or

other mechanical or electronic device.

(2) All security system equipment and recordings shall

be maintained in good working order, in a secure location

so as to prevent theft, loss, destruction, or alterations.

(3) Access to surveillance monitoring recording

equipment shall be limited to persons who are essential to

surveillance operations, law enforcement authorities

acting within their jurisdiction, security system service

personnel, and the Department. A current list of

authorized dispensing organization agents and service

personnel that have access to the surveillance equipment

must be available to the Department upon request.

(4) All security equipment shall be inspected and

tested at regular intervals, not to exceed one month from

the previous inspection, and tested to ensure the systems

remain functional.

(5) The security system shall provide protection

against theft and diversion that is facilitated or hidden

by tampering with computers or electronic records.

(6) The dispensary shall ensure all access doors are

not solely controlled by an electronic access panel to

ensure that locks are not released during a power outage.

(i) To monitor the dispensary, the dispensing organization

shall incorporate continuous electronic video monitoring

including the following:

(1) All monitors must be 19 inches or greater;

(2) Unobstructed video surveillance of all enclosed

dispensary areas, unless prohibited by law, including all

points of entry and exit that shall be appropriate for the

normal lighting conditions of the area under surveillance.

The cameras shall be directed so all areas are captured,

including, but not limited to, safes, vaults, sales areas,

and areas where cannabis is stored, handled, dispensed, or

destroyed. Cameras shall be angled to allow for facial

recognition, the capture of clear and certain

identification of any person entering or exiting the

dispensary area and in lighting sufficient during all

times of night or day;

(3) Unobstructed video surveillance of outside areas,

the storefront, and the parking lot, that shall be

appropriate for the normal lighting conditions of the area

under surveillance. Cameras shall be angled so as to allow

for the capture of facial recognition, clear and certain

identification of any person entering or exiting the

dispensary and the immediate surrounding area, and license

plates of vehicles in the parking lot;

(4) 24-hour recordings from all video cameras

available for immediate viewing by the Department upon

request. Recordings shall not be destroyed or altered and

shall be retained for at least 90 days. Recordings shall

be retained as long as necessary if the dispensing

organization is aware of the loss or theft of cannabis or a

pending criminal, civil, or administrative investigation

or legal proceeding for which the recording may contain

relevant information;

(5) The ability to immediately produce a clear, color

still photo from the surveillance video, either live or

recorded;

(6) A date and time stamp embedded on all video

surveillance recordings. The date and time shall be

synchronized and set correctly and shall not significantly

obscure the picture;

(7) The ability to remain operational during a power

outage and ensure all access doors are not solely

controlled by an electronic access panel to ensure that

locks are not released during a power outage;

(8) All video surveillance equipment shall allow for

the exporting of still images in an industry standard

image format, including .jpg, .bmp, and .gif. Exported

video shall have the ability to be archived in a

proprietary format that ensures authentication of the

video and guarantees that no alteration of the recorded

image has taken place. Exported video shall also have the

ability to be saved in an industry standard file format

that can be played on a standard computer operating

system. All recordings shall be erased or destroyed before

disposal;

(9) The video surveillance system shall be operational

during a power outage with a 4-hour minimum battery

backup;

(10) A video camera or cameras recording at each

point-of-sale location allowing for the identification of

the dispensing organization agent distributing the

cannabis and any purchaser. The camera or cameras shall

capture the sale, the individuals and the computer

monitors used for the sale;

(11) A failure notification system that provides an

audible and visual notification of any failure in the

electronic video monitoring system; and

(12) All electronic video surveillance monitoring must

record at least the equivalent of 8 frames per second and

be available as recordings to the Department and the

Illinois Department of State Police 24 hours a day via a

secure web-based portal with reverse functionality.

(j) The requirements contained in this Act are minimum

requirements for operating a dispensing organization. The

Department may establish additional requirements by rule.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/15-135)

Sec. 15-135. Investigations.

(a) Dispensing organizations are subject to random and

unannounced dispensary inspections and cannabis testing by the

Department, the Illinois Department of State Police, and local

law enforcement.

(b) The Department and its authorized representatives may

enter any place, including a vehicle, in which cannabis is

held, stored, dispensed, sold, produced, delivered,

transported, manufactured, or disposed of and inspect, in a

reasonable manner, the place and all pertinent equipment,

containers and labeling, and all things including records,

files, financial data, sales data, shipping data, pricing

data, personnel data, research, papers, processes, controls,

and facility, and inventory any stock of cannabis and obtain

samples of any cannabis or cannabis-infused product, any

labels or containers for cannabis, or paraphernalia.

(c) The Department may conduct an investigation of an

applicant, application, dispensing organization, principal

officer, dispensary agent, third party vendor, or any other

party associated with a dispensing organization for an alleged

violation of this Act or rules or to determine qualifications

to be granted a registration by the Department.

(d) The Department may require an applicant or holder of

any license issued pursuant to this Article to produce

documents, records, or any other material pertinent to the

investigation of an application or alleged violations of this

Act or rules. Failure to provide the required material may be

grounds for denial or discipline.

(e) Every person charged with preparation, obtaining, or

keeping records, logs, reports, or other documents in

connection with this Act and rules and every person in charge,

or having custody, of those documents shall, upon request by

the Department, make the documents immediately available for

inspection and copying by the Department, the Department's

authorized representative, or others authorized by law to

review the documents.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/20-15)

Sec. 20-15. Conditional Adult Use Cultivation Center

application.

(a) If the Department of Agriculture makes available

additional cultivation center licenses pursuant to Section

20-5, applicants for a Conditional Adult Use Cultivation

Center License shall electronically submit the following in

such form as the Department of Agriculture may direct:

(1) the nonrefundable application fee set by rule by

the Department of Agriculture, to be deposited into the

Cannabis Regulation Fund;

(2) the legal name of the cultivation center;

(3) the proposed physical address of the cultivation

center;

(4) the name, address, social security number, and

date of birth of each principal officer and board member

of the cultivation center; each principal officer and

board member shall be at least 21 years of age;

(5) the details of any administrative or judicial

proceeding in which any of the principal officers or board

members of the cultivation center (i) pled guilty, were

convicted, were fined, or had a registration or license

suspended or revoked, or (ii) managed or served on the

board of a business or non-profit organization that pled

guilty, was convicted, was fined, or had a registration or

license suspended or revoked;

(6) proposed operating bylaws that include procedures

for the oversight of the cultivation center, including the

development and implementation of a plant monitoring

system, accurate recordkeeping, staffing plan, and

security plan approved by the Illinois Department of State

Police that are in accordance with the rules issued by the

Department of Agriculture under this Act. A physical

inventory shall be performed of all plants and cannabis on

a weekly basis by the cultivation center;

(7) verification from the Illinois Department of State

Police that all background checks of the prospective

principal officers, board members, and agents of the

cannabis business establishment have been conducted;

(8) a copy of the current local zoning ordinance or

permit and verification that the proposed cultivation

center is in compliance with the local zoning rules and

distance limitations established by the local

jurisdiction;

(9) proposed employment practices, in which the

applicant must demonstrate a plan of action to inform,

hire, and educate minorities, women, veterans, and persons

with disabilities, engage in fair labor practices, and

provide worker protections;

(10) whether an applicant can demonstrate experience

in or business practices that promote economic empowerment

in Disproportionately Impacted Areas;

(11) experience with the cultivation of agricultural

or horticultural products, operating an agriculturally

related business, or operating a horticultural business;

(12) a description of the enclosed, locked facility

where cannabis will be grown, harvested, manufactured,

processed, packaged, or otherwise prepared for

distribution to a dispensing organization;

(13) a survey of the enclosed, locked facility,

including the space used for cultivation;

(14) cultivation, processing, inventory, and packaging

plans;

(15) a description of the applicant's experience with

agricultural cultivation techniques and industry

standards;

(16) a list of any academic degrees, certifications,

or relevant experience of all prospective principal

officers, board members, and agents of the related

business;

(17) the identity of every person having a financial

or voting interest of 5% or greater in the cultivation

center operation with respect to which the license is

sought, whether a trust, corporation, partnership, limited

liability company, or sole proprietorship, including the

name and address of each person;

(18) a plan describing how the cultivation center will

address each of the following:

(i) energy needs, including estimates of monthly

electricity and gas usage, to what extent it will

procure energy from a local utility or from on-site

generation, and if it has or will adopt a sustainable

energy use and energy conservation policy;

(ii) water needs, including estimated water draw

and if it has or will adopt a sustainable water use and

water conservation policy; and

(iii) waste management, including if it has or

will adopt a waste reduction policy;

(19) a diversity plan that includes a narrative of not

more than 2,500 words that establishes a goal of diversity

in ownership, management, employment, and contracting to

ensure that diverse participants and groups are afforded

equality of opportunity;

(20) any other information required by rule;

(21) a recycling plan:

(A) Purchaser packaging, including cartridges,

shall be accepted by the applicant and recycled.

(B) Any recyclable waste generated by the cannabis

cultivation facility shall be recycled per applicable

State and local laws, ordinances, and rules.

(C) Any cannabis waste, liquid waste, or hazardous

waste shall be disposed of in accordance with 8 Ill.

Adm. Code 1000.460, except, to the greatest extent

feasible, all cannabis plant waste will be rendered

unusable by grinding and incorporating the cannabis

plant waste with compostable mixed waste to be

disposed of in accordance with 8 Ill. Adm. Code

1000.460(g)(1);

(22) commitment to comply with local waste provisions:

a cultivation facility must remain in compliance with

applicable State and federal environmental requirements,

including, but not limited to:

(A) storing, securing, and managing all

recyclables and waste, including organic waste

composed of or containing finished cannabis and

cannabis products, in accordance with applicable State

and local laws, ordinances, and rules; and

(B) disposing liquid waste containing cannabis or

byproducts of cannabis processing in compliance with

all applicable State and federal requirements,

including, but not limited to, the cannabis

cultivation facility's permits under Title X of the

Environmental Protection Act; and

(23) a commitment to a technology standard for

resource efficiency of the cultivation center facility.

(A) A cannabis cultivation facility commits to use

resources efficiently, including energy and water. For

the following, a cannabis cultivation facility commits

to meet or exceed the technology standard identified

in items (i), (ii), (iii), and (iv), which may be

modified by rule:

(i) lighting systems, including light bulbs;

(ii) HVAC system;

(iii) water application system to the crop;

and

(iv) filtration system for removing

contaminants from wastewater.

(B) Lighting. The Lighting Power Densities (LPD)

for cultivation space commits to not exceed an average

of 36 watts per gross square foot of active and growing

space canopy, or all installed lighting technology

shall meet a photosynthetic photon efficacy (PPE) of

no less than 2.2 micromoles per joule fixture and

shall be featured on the DesignLights Consortium (DLC)

Horticultural Specification Qualified Products List

(QPL). In the event that DLC requirement for minimum

efficacy exceeds 2.2 micromoles per joule fixture,

that PPE shall become the new standard.

(C) HVAC.

(i) For cannabis grow operations with less

than 6,000 square feet of canopy, the licensee

commits that all HVAC units will be

high-efficiency ductless split HVAC units, or

other more energy efficient equipment.

(ii) For cannabis grow operations with 6,000

square feet of canopy or more, the licensee

commits that all HVAC units will be variable

refrigerant flow HVAC units, or other more energy

efficient equipment.

(D) Water application.

(i) The cannabis cultivation facility commits

to use automated watering systems, including, but

not limited to, drip irrigation and flood tables,

to irrigate cannabis crop.

(ii) The cannabis cultivation facility commits

to measure runoff from watering events and report

this volume in its water usage plan, and that on

average, watering events shall have no more than

20% of runoff of water.

(E) Filtration. The cultivator commits that HVAC

condensate, dehumidification water, excess runoff, and

other wastewater produced by the cannabis cultivation

facility shall be captured and filtered to the best of

the facility's ability to achieve the quality needed

to be reused in subsequent watering rounds.

(F) Reporting energy use and efficiency as

required by rule.

(b) Applicants must submit all required information,

including the information required in Section 20-10, to the

Department of Agriculture. Failure by an applicant to submit

all required information may result in the application being

disqualified.

(c) If the Department of Agriculture receives an

application with missing information, the Department of

Agriculture may issue a deficiency notice to the applicant.

The applicant shall have 10 calendar days from the date of the

deficiency notice to resubmit the incomplete information.

Applications that are still incomplete after this opportunity

to cure will not be scored and will be disqualified.

(e) A cultivation center that is awarded a Conditional

Adult Use Cultivation Center License pursuant to the criteria

in Section 20-20 shall not grow, purchase, possess, or sell

cannabis or cannabis-infused products until the person has

received an Adult Use Cultivation Center License issued by the

Department of Agriculture pursuant to Section 20-21 of this

Act.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/20-30)

Sec. 20-30. Cultivation center requirements; prohibitions.

(a) The operating documents of a cultivation center shall

include procedures for the oversight of the cultivation center

a cannabis plant monitoring system including a physical

inventory recorded weekly, accurate recordkeeping, and a

staffing plan.

(b) A cultivation center shall implement a security plan

reviewed by the Illinois Department of State Police that

includes, but is not limited to: facility access controls,

perimeter intrusion detection systems, personnel

identification systems, 24-hour surveillance system to monitor

the interior and exterior of the cultivation center facility

and accessibility to authorized law enforcement, the

Department of Public Health where processing takes place, and

the Department of Agriculture in real time.

(c) All cultivation of cannabis by a cultivation center

must take place in an enclosed, locked facility at the

physical address provided to the Department of Agriculture

during the licensing process. The cultivation center location

shall only be accessed by the agents working for the

cultivation center, the Department of Agriculture staff

performing inspections, the Department of Public Health staff

performing inspections, local and State law enforcement or

other emergency personnel, contractors working on jobs

unrelated to cannabis, such as installing or maintaining

security devices or performing electrical wiring, transporting

organization agents as provided in this Act, individuals in a

mentoring or educational program approved by the State, or

other individuals as provided by rule.

(d) A cultivation center may not sell or distribute any

cannabis or cannabis-infused products to any person other than

a dispensing organization, craft grower, infuser organization,

transporter, or as otherwise authorized by rule.

(e) A cultivation center may not either directly or

indirectly discriminate in price between different dispensing

organizations, craft growers, or infuser organizations that

are purchasing a like grade, strain, brand, and quality of

cannabis or cannabis-infused product. Nothing in this

subsection (e) prevents a cultivation center centers from

pricing cannabis differently based on differences in the cost

of manufacturing or processing, the quantities sold, such as

volume discounts, or the way the products are delivered.

(f) All cannabis harvested by a cultivation center and

intended for distribution to a dispensing organization must be

entered into a data collection system, packaged and labeled

under Section 55-21, and placed into a cannabis container for

transport. All cannabis harvested by a cultivation center and

intended for distribution to a craft grower or infuser

organization must be packaged in a labeled cannabis container

and entered into a data collection system before transport.

(g) Cultivation centers are subject to random inspections

by the Department of Agriculture, the Department of Public

Health, local safety or health inspectors, and the Illinois

Department of State Police.

(h) A cultivation center agent shall notify local law

enforcement, the Illinois Department of State Police, and the

Department of Agriculture within 24 hours of the discovery of

any loss or theft. Notification shall be made by phone or in

person, or by written or electronic communication.

(i) A cultivation center shall comply with all State and

any applicable federal rules and regulations regarding the use

of pesticides on cannabis plants.

(j) No person or entity shall hold any legal, equitable,

ownership, or beneficial interest, directly or indirectly, of

more than 3 cultivation centers licensed under this Article.

Further, no person or entity that is employed by, an agent of,

has a contract to receive payment in any form from a

cultivation center, is a principal officer of a cultivation

center, or entity controlled by or affiliated with a principal

officer of a cultivation shall hold any legal, equitable,

ownership, or beneficial interest, directly or indirectly, in

a cultivation that would result in the person or entity owning

or controlling in combination with any cultivation center,

principal officer of a cultivation center, or entity

controlled or affiliated with a principal officer of a

cultivation center by which he, she, or it is employed, is an

agent of, or participates in the management of, more than 3

cultivation center licenses.

(k) A cultivation center may not contain more than 210,000

square feet of canopy space for plants in the flowering stage

for cultivation of adult use cannabis as provided in this Act.

(l) A cultivation center may process cannabis, cannabis

concentrates, and cannabis-infused products.

(m) Beginning July 1, 2020, a cultivation center shall not

transport cannabis or cannabis-infused products to a craft

grower, dispensing organization, infuser organization, or

laboratory licensed under this Act, unless it has obtained a

transporting organization license.

(n) It is unlawful for any person having a cultivation

center license or any officer, associate, member,

representative, or agent of such licensee to offer or deliver

money, or anything else of value, directly or indirectly to

any person having an Early Approval Adult Use Dispensing

Organization License, a Conditional Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization license

issued under the Compassionate Use of Medical Cannabis Program

Act, or to any person connected with or in any way

representing, or to any member of the family of, such person

holding an Early Approval Adult Use Dispensing Organization

License, a Conditional Adult Use Dispensing Organization

License, an Adult Use Dispensing Organization License, or a

medical cannabis dispensing organization license issued under

the Compassionate Use of Medical Cannabis Program Act, or to

any stockholders in any corporation engaged in the retail sale

of cannabis, or to any officer, manager, agent, or

representative of the Early Approval Adult Use Dispensing

Organization License, a Conditional Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization license

issued under the Compassionate Use of Medical Cannabis Program

Act to obtain preferential placement within the dispensing

organization, including, without limitation, on shelves and in

display cases where purchasers can view products, or on the

dispensing organization's website.

(o) A cultivation center must comply with any other

requirements or prohibitions set by administrative rule of the

Department of Agriculture.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/20-35)

Sec. 20-35. Cultivation center agent identification card.

(a) The Department of Agriculture shall:

(1) establish by rule the information required in an

initial application or renewal application for an agent

identification card submitted under this Act and the

nonrefundable fee to accompany the initial application or

renewal application;

(2) verify the information contained in an initial

application or renewal application for an agent

identification card submitted under this Act, and approve

or deny an application within 30 days of receiving a

completed initial application or renewal application and

all supporting documentation required by rule;

(3) issue an agent identification card to a qualifying

agent within 15 business days of approving the initial

application or renewal application;

(4) enter the license number of the cultivation center

where the agent works; and

(5) allow for an electronic initial application and

renewal application process, and provide a confirmation by

electronic or other methods that an application has been

submitted. The Department of Agriculture may by rule

require prospective agents to file their applications by

electronic means and provide notices to the agents by

electronic means.

(b) An agent must keep his or her identification card

visible at all times when on the property of the cultivation

center at which the agent is employed.

(c) The agent identification cards shall contain the

following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

identification card;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the holder;

(4) a photograph of the cardholder; and

(5) the legal name of the cultivation center employing

the agent.

(d) An agent identification card shall be immediately

returned to the cultivation center of the agent upon

termination of his or her employment.

(e) Any agent identification card lost by a cultivation

center agent shall be reported to the Illinois Department of

State Police and the Department of Agriculture immediately

upon discovery of the loss.

(f) The Department of Agriculture shall not issue an agent

identification card if the applicant is delinquent in filing

any required tax returns or paying any amounts owed to the

State of Illinois.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/20-40)

Sec. 20-40. Cultivation center background checks.

(a) Through the Illinois Department of State Police, the

Department of Agriculture shall conduct a background check of

the prospective principal officers, board members, and agents

of a cultivation center applying for a license or

identification card under this Act. The Illinois Department of

State Police shall charge a fee set by rule for conducting the

criminal history record check, which shall be deposited into

the State Police Services Fund and shall not exceed the actual

cost of the record check. In order to carry out this provision,

each cultivation center prospective principal officer, board

member, or agent shall submit a full set of fingerprints to the

Illinois Department of State Police for the purpose of

obtaining a State and federal criminal records check. These

fingerprints shall be checked against the fingerprint records

now and hereafter, to the extent allowed by law, filed in the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history records databases. The Illinois

Department of State Police shall furnish, following positive

identification, all conviction information to the Department

of Agriculture.

(b) When applying for the initial license or

identification card, the background checks for all prospective

principal officers, board members, and agents shall be

completed before submitting the application to the licensing

or issuing agency.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/25-30)

(Section scheduled to be repealed on July 1, 2026)

Sec. 25-30. Inspection rights.

(a) A licensee's enclosed, locked facilities are subject

to random inspections by the Department and the Illinois

Department of State Police.

(b) Nothing in this Section shall be construed to give the

Department or the Illinois Department of State Police a right

of inspection or access to any location on the licensee's

premises beyond the facilities licensed under this Article.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/25-35)

(Section scheduled to be repealed on July 1, 2026)

Sec. 25-35. Community College Cannabis Vocational Training

Pilot Program faculty participant agent identification card.

(a) The Department shall:

(1) establish by rule the information required in an

initial application or renewal application for an agent

identification card submitted under this Article and the

nonrefundable fee to accompany the initial application or

renewal application;

(2) verify the information contained in an initial

application or renewal application for an agent

identification card submitted under this Article, and

approve or deny an application within 30 days of receiving

a completed initial application or renewal application and

all supporting documentation required by rule;

(3) issue an agent identification card to a qualifying

agent within 15 business days of approving the initial

application or renewal application;

(4) enter the license number of the community college

where the agent works; and

(5) allow for an electronic initial application and

renewal application process, and provide a confirmation by

electronic or other methods that an application has been

submitted. Each Department may by rule require prospective

agents to file their applications by electronic means and

to provide notices to the agents by electronic means.

(b) An agent must keep his or her identification card

visible at all times when in the enclosed, locked facility, or

facilities for which he or she is an agent.

(c) The agent identification cards shall contain the

following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

identification card;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the holder;

(4) a photograph of the cardholder; and

(5) the legal name of the community college employing

the agent.

(d) An agent identification card shall be immediately

returned to the community college of the agent upon

termination of his or her employment.

(e) Any agent identification card lost shall be reported

to the Illinois Department of State Police and the Department

of Agriculture immediately upon discovery of the loss.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/30-10)

Sec. 30-10. Application.

(a) When applying for a license, the applicant shall

electronically submit the following in such form as the

Department of Agriculture may direct:

(1) the nonrefundable application fee of $5,000 to be

deposited into the Cannabis Regulation Fund, or another

amount as the Department of Agriculture may set by rule

after January 1, 2021;

(2) the legal name of the craft grower;

(3) the proposed physical address of the craft grower;

(4) the name, address, social security number, and

date of birth of each principal officer and board member

of the craft grower; each principal officer and board

member shall be at least 21 years of age;

(5) the details of any administrative or judicial

proceeding in which any of the principal officers or board

members of the craft grower (i) pled guilty, were

convicted, were fined, or had a registration or license

suspended or revoked or (ii) managed or served on the

board of a business or non-profit organization that pled

guilty, was convicted, was fined, or had a registration or

license suspended or revoked;

(6) proposed operating bylaws that include procedures

for the oversight of the craft grower, including the

development and implementation of a plant monitoring

system, accurate recordkeeping, staffing plan, and

security plan approved by the Illinois Department of State

Police that are in accordance with the rules issued by the

Department of Agriculture under this Act; a physical

inventory shall be performed of all plants and on a weekly

basis by the craft grower;

(7) verification from the Illinois Department of State

Police that all background checks of the prospective

principal officers, board members, and agents of the

cannabis business establishment have been conducted;

(8) a copy of the current local zoning ordinance or

permit and verification that the proposed craft grower is

in compliance with the local zoning rules and distance

limitations established by the local jurisdiction;

(9) proposed employment practices, in which the

applicant must demonstrate a plan of action to inform,

hire, and educate minorities, women, veterans, and persons

with disabilities, engage in fair labor practices, and

provide worker protections;

(10) whether an applicant can demonstrate experience

in or business practices that promote economic empowerment

in Disproportionately Impacted Areas;

(11) experience with the cultivation of agricultural

or horticultural products, operating an agriculturally

related business, or operating a horticultural business;

(12) a description of the enclosed, locked facility

where cannabis will be grown, harvested, manufactured,

packaged, or otherwise prepared for distribution to a

dispensing organization or other cannabis business

establishment;

(13) a survey of the enclosed, locked facility,

including the space used for cultivation;

(14) cultivation, processing, inventory, and packaging

plans;

(15) a description of the applicant's experience with

agricultural cultivation techniques and industry

standards;

(16) a list of any academic degrees, certifications,

or relevant experience of all prospective principal

officers, board members, and agents of the related

business;

(17) the identity of every person having a financial

or voting interest of 5% or greater in the craft grower

operation, whether a trust, corporation, partnership,

limited liability company, or sole proprietorship,

including the name and address of each person;

(18) a plan describing how the craft grower will

address each of the following:

(i) energy needs, including estimates of monthly

electricity and gas usage, to what extent it will

procure energy from a local utility or from on-site

generation, and if it has or will adopt a sustainable

energy use and energy conservation policy;

(ii) water needs, including estimated water draw

and if it has or will adopt a sustainable water use and

water conservation policy; and

(iii) waste management, including if it has or

will adopt a waste reduction policy;

(19) a recycling plan:

(A) Purchaser packaging, including cartridges,

shall be accepted by the applicant and recycled.

(B) Any recyclable waste generated by the craft

grower facility shall be recycled per applicable State

and local laws, ordinances, and rules.

(C) Any cannabis waste, liquid waste, or hazardous

waste shall be disposed of in accordance with 8 Ill.

Adm. Code 1000.460, except, to the greatest extent

feasible, all cannabis plant waste will be rendered

unusable by grinding and incorporating the cannabis

plant waste with compostable mixed waste to be

disposed of in accordance with 8 Ill. Adm. Code

1000.460(g)(1);

(20) a commitment to comply with local waste

provisions: a craft grower facility must remain in

compliance with applicable State and federal environmental

requirements, including, but not limited to:

(A) storing, securing, and managing all

recyclables and waste, including organic waste

composed of or containing finished cannabis and

cannabis products, in accordance with applicable State

and local laws, ordinances, and rules; and

(B) disposing liquid waste containing cannabis or

byproducts of cannabis processing in compliance with

all applicable State and federal requirements,

including, but not limited to, the cannabis

cultivation facility's permits under Title X of the

Environmental Protection Act;

(21) a commitment to a technology standard for

resource efficiency of the craft grower facility.

(A) A craft grower facility commits to use

resources efficiently, including energy and water. For

the following, a cannabis cultivation facility commits

to meet or exceed the technology standard identified

in paragraphs (i), (ii), (iii), and (iv), which may be

modified by rule:

(i) lighting systems, including light bulbs;

(ii) HVAC system;

(iii) water application system to the crop;

and

(iv) filtration system for removing

contaminants from wastewater.

(B) Lighting. The Lighting Power Densities (LPD)

for cultivation space commits to not exceed an average

of 36 watts per gross square foot of active and growing

space canopy, or all installed lighting technology

shall meet a photosynthetic photon efficacy (PPE) of

no less than 2.2 micromoles per joule fixture and

shall be featured on the DesignLights Consortium (DLC)

Horticultural Specification Qualified Products List

(QPL). In the event that DLC requirement for minimum

efficacy exceeds 2.2 micromoles per joule fixture,

that PPE shall become the new standard.

(C) HVAC.

(i) For cannabis grow operations with less

than 6,000 square feet of canopy, the licensee

commits that all HVAC units will be

high-efficiency ductless split HVAC units, or

other more energy efficient equipment.

(ii) For cannabis grow operations with 6,000

square feet of canopy or more, the licensee

commits that all HVAC units will be variable

refrigerant flow HVAC units, or other more energy

efficient equipment.

(D) Water application.

(i) The craft grower facility commits to use

automated watering systems, including, but not

limited to, drip irrigation and flood tables, to

irrigate cannabis crop.

(ii) The craft grower facility commits to

measure runoff from watering events and report

this volume in its water usage plan, and that on

average, watering events shall have no more than

20% of runoff of water.

(E) Filtration. The craft grower commits that HVAC

condensate, dehumidification water, excess runoff, and

other wastewater produced by the craft grower facility

shall be captured and filtered to the best of the

facility's ability to achieve the quality needed to be

reused in subsequent watering rounds.

(F) Reporting energy use and efficiency as

required by rule; and

(22) any other information required by rule.

(b) Applicants must submit all required information,

including the information required in Section 30-15, to the

Department of Agriculture. Failure by an applicant to submit

all required information may result in the application being

disqualified.

(c) If the Department of Agriculture receives an

application with missing information, the Department of

Agriculture may issue a deficiency notice to the applicant.

The applicant shall have 10 calendar days from the date of the

deficiency notice to resubmit the incomplete information.

Applications that are still incomplete after this opportunity

to cure will not be scored and will be disqualified.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/30-30)

Sec. 30-30. Craft grower requirements; prohibitions.

(a) The operating documents of a craft grower shall

include procedures for the oversight of the craft grower, a

cannabis plant monitoring system including a physical

inventory recorded weekly, accurate recordkeeping, and a

staffing plan.

(b) A craft grower shall implement a security plan

reviewed by the Illinois Department of State Police that

includes, but is not limited to: facility access controls,

perimeter intrusion detection systems, personnel

identification systems, and a 24-hour surveillance system to

monitor the interior and exterior of the craft grower facility

and that is accessible to authorized law enforcement and the

Department of Agriculture in real time.

(c) All cultivation of cannabis by a craft grower must

take place in an enclosed, locked facility at the physical

address provided to the Department of Agriculture during the

licensing process. The craft grower location shall only be

accessed by the agents working for the craft grower, the

Department of Agriculture staff performing inspections, the

Department of Public Health staff performing inspections,

State and local law enforcement or other emergency personnel,

contractors working on jobs unrelated to cannabis, such as

installing or maintaining security devices or performing

electrical wiring, transporting organization agents as

provided in this Act, or participants in the incubator

program, individuals in a mentoring or educational program

approved by the State, or other individuals as provided by

rule. However, if a craft grower shares a premises with an

infuser or dispensing organization, agents from those other

licensees may access the craft grower portion of the premises

if that is the location of common bathrooms, lunchrooms,

locker rooms, or other areas of the building where work or

cultivation of cannabis is not performed. At no time may an

infuser or dispensing organization agent perform work at a

craft grower without being a registered agent of the craft

grower.

(d) A craft grower may not sell or distribute any cannabis

to any person other than a cultivation center, a craft grower,

an infuser organization, a dispensing organization, or as

otherwise authorized by rule.

(e) A craft grower may not be located in an area zoned for

residential use.

(f) A craft grower may not either directly or indirectly

discriminate in price between different cannabis business

establishments that are purchasing a like grade, strain,

brand, and quality of cannabis or cannabis-infused product.

Nothing in this subsection (f) prevents a craft grower from

pricing cannabis differently based on differences in the cost

of manufacturing or processing, the quantities sold, such as

volume discounts, or the way the products are delivered.

(g) All cannabis harvested by a craft grower and intended

for distribution to a dispensing organization must be entered

into a data collection system, packaged and labeled under

Section 55-21, and, if distribution is to a dispensing

organization that does not share a premises with the

dispensing organization receiving the cannabis, placed into a

cannabis container for transport. All cannabis harvested by a

craft grower and intended for distribution to a cultivation

center, to an infuser organization, or to a craft grower with

which it does not share a premises, must be packaged in a

labeled cannabis container and entered into a data collection

system before transport.

(h) Craft growers are subject to random inspections by the

Department of Agriculture, local safety or health inspectors,

and the Illinois Department of State Police.

(i) A craft grower agent shall notify local law

enforcement, the Illinois Department of State Police, and the

Department of Agriculture within 24 hours of the discovery of

any loss or theft. Notification shall be made by phone, in

person, or written or electronic communication.

(j) A craft grower shall comply with all State and any

applicable federal rules and regulations regarding the use of

pesticides.

(k) A craft grower or craft grower agent shall not

transport cannabis or cannabis-infused products to any other

cannabis business establishment without a transport

organization license unless:

(i) If the craft grower is located in a county with a

population of 3,000,000 or more, the cannabis business

establishment receiving the cannabis is within 2,000 feet

of the property line of the craft grower;

(ii) If the craft grower is located in a county with a

population of more than 700,000 but fewer than 3,000,000,

the cannabis business establishment receiving the cannabis

is within 2 miles of the craft grower; or

(iii) If the craft grower is located in a county with a

population of fewer than 700,000, the cannabis business

establishment receiving the cannabis is within 15 miles of

the craft grower.

(l) A craft grower may enter into a contract with a

transporting organization to transport cannabis to a

cultivation center, a craft grower, an infuser organization, a

dispensing organization, or a laboratory.

(m) No person or entity shall hold any legal, equitable,

ownership, or beneficial interest, directly or indirectly, of

more than 3 craft grower licenses. Further, no person or

entity that is employed by, an agent of, or has a contract to

receive payment from or participate in the management of a

craft grower, is a principal officer of a craft grower, or

entity controlled by or affiliated with a principal officer of

a craft grower shall hold any legal, equitable, ownership, or

beneficial interest, directly or indirectly, in a craft grower

license that would result in the person or entity owning or

controlling in combination with any craft grower, principal

officer of a craft grower, or entity controlled or affiliated

with a principal officer of a craft grower by which he, she, or

it is employed, is an agent of, or participates in the

management of more than 3 craft grower licenses.

(n) It is unlawful for any person having a craft grower

license or any officer, associate, member, representative, or

agent of the licensee to offer or deliver money, or anything

else of value, directly or indirectly, to any person having an

Early Approval Adult Use Dispensing Organization License, a

Conditional Adult Use Dispensing Organization License, an

Adult Use Dispensing Organization License, or a medical

cannabis dispensing organization license issued under the

Compassionate Use of Medical Cannabis Program Act, or to any

person connected with or in any way representing, or to any

member of the family of, the person holding an Early Approval

Adult Use Dispensing Organization License, a Conditional Adult

Use Dispensing Organization License, an Adult Use Dispensing

Organization License, or a medical cannabis dispensing

organization license issued under the Compassionate Use of

Medical Cannabis Program Act, or to any stockholders in any

corporation engaged in the retail sale of cannabis, or to any

officer, manager, agent, or representative of the Early

Approval Adult Use Dispensing Organization License, a

Conditional Adult Use Dispensing Organization License, an

Adult Use Dispensing Organization License, or a medical

cannabis dispensing organization license issued under the

Compassionate Use of Medical Cannabis Program Act to obtain

preferential placement within the dispensing organization,

including, without limitation, on shelves and in display cases

where purchasers can view products, or on the dispensing

organization's website.

(o) A craft grower shall not be located within 1,500 feet

of another craft grower or a cultivation center.

(p) A craft grower may process cannabis, cannabis

concentrates, and cannabis-infused products.

(q) A craft grower must comply with any other requirements

or prohibitions set by administrative rule of the Department

of Agriculture.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/30-35)

Sec. 30-35. Craft grower agent identification card.

(a) The Department of Agriculture shall:

(1) establish by rule the information required in an

initial application or renewal application for an agent

identification card submitted under this Act and the

nonrefundable fee to accompany the initial application or

renewal application;

(2) verify the information contained in an initial

application or renewal application for an agent

identification card submitted under this Act and approve

or deny an application within 30 days of receiving a

completed initial application or renewal application and

all supporting documentation required by rule;

(3) issue an agent identification card to a qualifying

agent within 15 business days of approving the initial

application or renewal application;

(4) enter the license number of the craft grower where

the agent works; and

(5) allow for an electronic initial application and

renewal application process, and provide a confirmation by

electronic or other methods that an application has been

submitted. The Department of Agriculture may by rule

require prospective agents to file their applications by

electronic means and provide notices to the agents by

electronic means.

(b) An agent must keep his or her identification card

visible at all times when on the property of a cannabis

business establishment, including the craft grower

organization for which he or she is an agent.

(c) The agent identification cards shall contain the

following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

identification card;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the holder;

(4) a photograph of the cardholder; and

(5) the legal name of the craft grower organization

employing the agent.

(d) An agent identification card shall be immediately

returned to the cannabis business establishment of the agent

upon termination of his or her employment.

(e) Any agent identification card lost by a craft grower

agent shall be reported to the Illinois Department of State

Police and the Department of Agriculture immediately upon

discovery of the loss.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/30-40)

Sec. 30-40. Craft grower background checks.

(a) Through the Illinois Department of State Police, the

Department of Agriculture shall conduct a background check of

the prospective principal officers, board members, and agents

of a craft grower applying for a license or identification

card under this Act. The Illinois Department of State Police

shall charge a fee set by rule for conducting the criminal

history record check, which shall be deposited into the State

Police Services Fund and shall not exceed the actual cost of

the record check. In order to carry out this Section, each

craft grower organization's prospective principal officer,

board member, or agent shall submit a full set of fingerprints

to the Illinois Department of State Police for the purpose of

obtaining a State and federal criminal records check. These

fingerprints shall be checked against the fingerprint records

now and hereafter, to the extent allowed by law, filed in the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history records databases. The Illinois

Department of State Police shall furnish, following positive

identification, all conviction information to the Department

of Agriculture.

(b) When applying for the initial license or

identification card, the background checks for all prospective

principal officers, board members, and agents shall be

completed before submitting the application to the licensing

or issuing agency.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/35-10)

Sec. 35-10. Application.

(a) When applying for a license, the applicant shall

electronically submit the following in such form as the

Department of Agriculture may direct:

(1) the nonrefundable application fee of $5,000 or,

after January 1, 2021, another amount as set by rule by the

Department of Agriculture, to be deposited into the

Cannabis Regulation Fund;

(2) the legal name of the infuser;

(3) the proposed physical address of the infuser;

(4) the name, address, social security number, and

date of birth of each principal officer and board member

of the infuser; each principal officer and board member

shall be at least 21 years of age;

(5) the details of any administrative or judicial

proceeding in which any of the principal officers or board

members of the infuser (i) pled guilty, were convicted,

fined, or had a registration or license suspended or

revoked, or (ii) managed or served on the board of a

business or non-profit organization that pled guilty, was

convicted, fined, or had a registration or license

suspended or revoked;

(6) proposed operating bylaws that include procedures

for the oversight of the infuser, including the

development and implementation of a plant monitoring

system, accurate recordkeeping, staffing plan, and

security plan approved by the Illinois Department of State

Police that are in accordance with the rules issued by the

Department of Agriculture under this Act; a physical

inventory of all cannabis shall be performed on a weekly

basis by the infuser;

(7) verification from the Illinois Department of State

Police that all background checks of the prospective

principal officers, board members, and agents of the

infuser organization have been conducted;

(8) a copy of the current local zoning ordinance and

verification that the proposed infuser is in compliance

with the local zoning rules and distance limitations

established by the local jurisdiction;

(9) proposed employment practices, in which the

applicant must demonstrate a plan of action to inform,

hire, and educate minorities, women, veterans, and persons

with disabilities, engage in fair labor practices, and

provide worker protections;

(10) whether an applicant can demonstrate experience

in or business practices that promote economic empowerment

in Disproportionately Impacted Areas;

(11) experience with infusing products with cannabis

concentrate;

(12) a description of the enclosed, locked facility

where cannabis will be infused, packaged, or otherwise

prepared for distribution to a dispensing organization or

other infuser;

(13) processing, inventory, and packaging plans;

(14) a description of the applicant's experience with

operating a commercial kitchen or laboratory preparing

products for human consumption;

(15) a list of any academic degrees, certifications,

or relevant experience of all prospective principal

officers, board members, and agents of the related

business;

(16) the identity of every person having a financial

or voting interest of 5% or greater in the infuser

operation with respect to which the license is sought,

whether a trust, corporation, partnership, limited

liability company, or sole proprietorship, including the

name and address of each person;

(17) a plan describing how the infuser will address

each of the following:

(i) energy needs, including estimates of monthly

electricity and gas usage, to what extent it will

procure energy from a local utility or from on-site

generation, and if it has or will adopt a sustainable

energy use and energy conservation policy;

(ii) water needs, including estimated water draw,

and if it has or will adopt a sustainable water use and

water conservation policy; and

(iii) waste management, including if it has or

will adopt a waste reduction policy;

(18) a recycling plan:

(A) a commitment that any recyclable waste

generated by the infuser shall be recycled per

applicable State and local laws, ordinances, and

rules; and

(B) a commitment to comply with local waste

provisions. An infuser commits to remain in compliance

with applicable State and federal environmental

requirements, including, but not limited to, storing,

securing, and managing all recyclables and waste,

including organic waste composed of or containing

finished cannabis and cannabis products, in accordance

with applicable State and local laws, ordinances, and

rules; and

(19) any other information required by rule.

(b) Applicants must submit all required information,

including the information required in Section 35-15, to the

Department of Agriculture. Failure by an applicant to submit

all required information may result in the application being

disqualified.

(c) If the Department of Agriculture receives an

application with missing information, the Department of

Agriculture may issue a deficiency notice to the applicant.

The applicant shall have 10 calendar days from the date of the

deficiency notice to resubmit the incomplete information.

Applications that are still incomplete after this opportunity

to cure will not be scored and will be disqualified.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/35-25)

Sec. 35-25. Infuser organization requirements;

prohibitions.

(a) The operating documents of an infuser shall include

procedures for the oversight of the infuser, an inventory

monitoring system including a physical inventory recorded

weekly, accurate recordkeeping, and a staffing plan.

(b) An infuser shall implement a security plan reviewed by

the Illinois Department of State Police that includes, but is

not limited to: facility access controls, perimeter intrusion

detection systems, personnel identification systems, and a

24-hour surveillance system to monitor the interior and

exterior of the infuser facility and that is accessible to

authorized law enforcement, the Department of Public Health,

and the Department of Agriculture in real time.

(c) All processing of cannabis by an infuser must take

place in an enclosed, locked facility at the physical address

provided to the Department of Agriculture during the licensing

process. The infuser location shall only be accessed by the

agents working for the infuser, the Department of Agriculture

staff performing inspections, the Department of Public Health

staff performing inspections, State and local law enforcement

or other emergency personnel, contractors working on jobs

unrelated to cannabis, such as installing or maintaining

security devices or performing electrical wiring, transporting

organization agents as provided in this Act, participants in

the incubator program, individuals in a mentoring or

educational program approved by the State, local safety or

health inspectors, or other individuals as provided by rule.

However, if an infuser shares a premises with a craft grower or

dispensing organization, agents from these other licensees may

access the infuser portion of the premises if that is the

location of common bathrooms, lunchrooms, locker rooms, or

other areas of the building where processing of cannabis is

not performed. At no time may a craft grower or dispensing

organization agent perform work at an infuser without being a

registered agent of the infuser.

(d) An infuser may not sell or distribute any cannabis to

any person other than a dispensing organization, or as

otherwise authorized by rule.

(e) An infuser may not either directly or indirectly

discriminate in price between different cannabis business

establishments that are purchasing a like grade, strain,

brand, and quality of cannabis or cannabis-infused product.

Nothing in this subsection (e) prevents an infuser from

pricing cannabis differently based on differences in the cost

of manufacturing or processing, the quantities sold, such

volume discounts, or the way the products are delivered.

(f) All cannabis infused by an infuser and intended for

distribution to a dispensing organization must be entered into

a data collection system, packaged and labeled under Section

55-21, and, if distribution is to a dispensing organization

that does not share a premises with the infuser, placed into a

cannabis container for transport. All cannabis produced by an

infuser and intended for distribution to a cultivation center,

infuser organization, or craft grower with which it does not

share a premises, must be packaged in a labeled cannabis

container and entered into a data collection system before

transport.

(g) Infusers are subject to random inspections by the

Department of Agriculture, the Department of Public Health,

the Illinois Department of State Police, and local law

enforcement.

(h) An infuser agent shall notify local law enforcement,

the Illinois Department of State Police, and the Department of

Agriculture within 24 hours of the discovery of any loss or

theft. Notification shall be made by phone, in person, or by

written or electronic communication.

(i) An infuser organization may not be located in an area

zoned for residential use.

(j) An infuser or infuser agent shall not transport

cannabis or cannabis-infused products to any other cannabis

business establishment without a transport organization

license unless:

(i) If the infuser is located in a county with a

population of 3,000,000 or more, the cannabis business

establishment receiving the cannabis or cannabis-infused

product is within 2,000 feet of the property line of the

infuser;

(ii) If the infuser is located in a county with a

population of more than 700,000 but fewer than 3,000,000,

the cannabis business establishment receiving the cannabis

or cannabis-infused product is within 2 miles of the

infuser; or

(iii) If the infuser is located in a county with a

population of fewer than 700,000, the cannabis business

establishment receiving the cannabis or cannabis-infused

product is within 15 miles of the infuser.

(k) An infuser may enter into a contract with a

transporting organization to transport cannabis to a

dispensing organization or a laboratory.

(l) An infuser organization may share premises with a

craft grower or a dispensing organization, or both, provided

each licensee stores currency and cannabis or cannabis-infused

products in a separate secured vault to which the other

licensee does not have access or all licensees sharing a vault

share more than 50% of the same ownership.

(m) It is unlawful for any person or entity having an

infuser organization license or any officer, associate,

member, representative or agent of such licensee to offer or

deliver money, or anything else of value, directly or

indirectly to any person having an Early Approval Adult Use

Dispensing Organization License, a Conditional Adult Use

Dispensing Organization License, an Adult Use Dispensing

Organization License, or a medical cannabis dispensing

organization license issued under the Compassionate Use of

Medical Cannabis Program Act, or to any person connected with

or in any way representing, or to any member of the family of,

such person holding an Early Approval Adult Use Dispensing

Organization License, a Conditional Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization license

issued under the Compassionate Use of Medical Cannabis Program

Act, or to any stockholders in any corporation engaged the

retail sales of cannabis, or to any officer, manager, agent,

or representative of the Early Approval Adult Use Dispensing

Organization License, a Conditional Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization license

issued under the Compassionate Use of Medical Cannabis Program

Act to obtain preferential placement within the dispensing

organization, including, without limitation, on shelves and in

display cases where purchasers can view products, or on the

dispensing organization's website.

(n) At no time shall an infuser organization or an infuser

agent perform the extraction of cannabis concentrate from

cannabis flower.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/35-30)

Sec. 35-30. Infuser agent identification card.

(a) The Department of Agriculture shall:

(1) establish by rule the information required in an

initial application or renewal application for an agent

identification card submitted under this Act and the

nonrefundable fee to accompany the initial application or

renewal application;

(2) verify the information contained in an initial

application or renewal application for an agent

identification card submitted under this Act, and approve

or deny an application within 30 days of receiving a

completed initial application or renewal application and

all supporting documentation required by rule;

(3) issue an agent identification card to a qualifying

agent within 15 business days of approving the initial

application or renewal application;

(4) enter the license number of the infuser where the

agent works; and

(5) allow for an electronic initial application and

renewal application process, and provide a confirmation by

electronic or other methods that an application has been

submitted. The Department of Agriculture may by rule

require prospective agents to file their applications by

electronic means and provide notices to the agents by

electronic means.

(b) An agent must keep his or her identification card

visible at all times when on the property of a cannabis

business establishment including the cannabis business

establishment for which he or she is an agent.

(c) The agent identification cards shall contain the

following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

identification card;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the holder;

(4) a photograph of the cardholder; and

(5) the legal name of the infuser organization

employing the agent.

(d) An agent identification card shall be immediately

returned to the infuser organization of the agent upon

termination of his or her employment.

(e) Any agent identification card lost by a transporting

agent shall be reported to the Illinois Department of State

Police and the Department of Agriculture immediately upon

discovery of the loss.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/40-10)

Sec. 40-10. Application.

(a) When applying for a transporting organization license,

the applicant shall submit the following in such form as the

Department of Agriculture may direct:

(1) the nonrefundable application fee of $5,000 or,

after January 1, 2021, another amount as set by rule by the

Department of Agriculture, to be deposited into the

Cannabis Regulation Fund;

(2) the legal name of the transporting organization;

(3) the proposed physical address of the transporting

organization, if one is proposed;

(4) the name, address, social security number, and

date of birth of each principal officer and board member

of the transporting organization; each principal officer

and board member shall be at least 21 years of age;

(5) the details of any administrative or judicial

proceeding in which any of the principal officers or board

members of the transporting organization (i) pled guilty,

were convicted, fined, or had a registration or license

suspended or revoked, or (ii) managed or served on the

board of a business or non-profit organization that pled

guilty, was convicted, fined, or had a registration or

license suspended or revoked;

(6) proposed operating bylaws that include procedures

for the oversight of the transporting organization,

including the development and implementation of an

accurate recordkeeping plan, staffing plan, and security

plan approved by the Illinois Department of State Police

that are in accordance with the rules issued by the

Department of Agriculture under this Act; a physical

inventory shall be performed of all cannabis on a weekly

basis by the transporting organization;

(7) verification from the Illinois Department of State

Police that all background checks of the prospective

principal officers, board members, and agents of the

transporting organization have been conducted;

(8) a copy of the current local zoning ordinance or

permit and verification that the proposed transporting

organization is in compliance with the local zoning rules

and distance limitations established by the local

jurisdiction, if the transporting organization has a

business address;

(9) proposed employment practices, in which the

applicant must demonstrate a plan of action to inform,

hire, and educate minorities, women, veterans, and persons

with disabilities, engage in fair labor practices, and

provide worker protections;

(10) whether an applicant can demonstrate experience

in or business practices that promote economic empowerment

in Disproportionately Impacted Areas;

(11) the number and type of equipment the transporting

organization will use to transport cannabis and

cannabis-infused products;

(12) loading, transporting, and unloading plans;

(13) a description of the applicant's experience in

the distribution or security business;

(14) the identity of every person having a financial

or voting interest of 5% or more in the transporting

organization with respect to which the license is sought,

whether a trust, corporation, partnership, limited

liability company, or sole proprietorship, including the

name and address of each person; and

(15) any other information required by rule.

(b) Applicants must submit all required information,

including the information required in Section 40-35 to the

Department. Failure by an applicant to submit all required

information may result in the application being disqualified.

(c) If the Department receives an application with missing

information, the Department of Agriculture may issue a

deficiency notice to the applicant. The applicant shall have

10 calendar days from the date of the deficiency notice to

resubmit the incomplete information. Applications that are

still incomplete after this opportunity to cure will not be

scored and will be disqualified.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/40-25)

Sec. 40-25. Transporting organization requirements;

prohibitions.

(a) The operating documents of a transporting organization

shall include procedures for the oversight of the transporter,

an inventory monitoring system including a physical inventory

recorded weekly, accurate recordkeeping, and a staffing plan.

(b) A transporting organization may not transport cannabis

or cannabis-infused products to any person other than a

cultivation center, a craft grower, an infuser organization, a

dispensing organization, a testing facility, or as otherwise

authorized by rule.

(c) All cannabis transported by a transporting

organization must be entered into a data collection system and

placed into a cannabis container for transport.

(d) Transporters are subject to random inspections by the

Department of Agriculture, the Department of Public Health,

and the Illinois Department of State Police.

(e) A transporting organization agent shall notify local

law enforcement, the Illinois Department of State Police, and

the Department of Agriculture within 24 hours of the discovery

of any loss or theft. Notification shall be made by phone, in

person, or by written or electronic communication.

(f) No person under the age of 21 years shall be in a

commercial vehicle or trailer transporting cannabis goods.

(g) No person or individual who is not a transporting

organization agent shall be in a vehicle while transporting

cannabis goods.

(h) Transporters may not use commercial motor vehicles

with a weight rating of over 10,001 pounds.

(i) It is unlawful for any person to offer or deliver

money, or anything else of value, directly or indirectly, to

any of the following persons to obtain preferential placement

within the dispensing organization, including, without

limitation, on shelves and in display cases where purchasers

can view products, or on the dispensing organization's

website:

(1) a person having a transporting organization

license, or any officer, associate, member,

representative, or agent of the licensee;

(2) a person having an Early Applicant Adult Use

Dispensing Organization License, an Adult Use Dispensing

Organization License, or a medical cannabis dispensing

organization license issued under the Compassionate Use of

Medical Cannabis Program Act;

(3) a person connected with or in any way

representing, or a member of the family of, a person

holding an Early Applicant Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization

license issued under the Compassionate Use of Medical

Cannabis Program Act; or

(4) a stockholder, officer, manager, agent, or

representative of a corporation engaged in the retail sale

of cannabis, an Early Applicant Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization

license issued under the Compassionate Use of Medical

Cannabis Program Act.

(j) A transporting organization agent must keep his or her

identification card visible at all times when on the property

of a cannabis business establishment and during the

transporting of cannabis when acting under his or her duties

as a transportation organization agent. During these times,

the transporting organization agent must also provide the

identification card upon request of any law enforcement

officer engaged in his or her official duties.

(k) A copy of the transporting organization's registration

and a manifest for the delivery shall be present in any vehicle

transporting cannabis.

(l) Cannabis shall be transported so it is not visible or

recognizable from outside the vehicle.

(m) A vehicle transporting cannabis must not bear any

markings to indicate the vehicle contains cannabis or bear the

name or logo of the cannabis business establishment.

(n) Cannabis must be transported in an enclosed, locked

storage compartment that is secured or affixed to the vehicle.

(o) The Department of Agriculture may, by rule, impose any

other requirements or prohibitions on the transportation of

cannabis.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/40-30)

Sec. 40-30. Transporting agent identification card.

(a) The Department of Agriculture shall:

(1) establish by rule the information required in an

initial application or renewal application for an agent

identification card submitted under this Act and the

nonrefundable fee to accompany the initial application or

renewal application;

(2) verify the information contained in an initial

application or renewal application for an agent

identification card submitted under this Act and approve

or deny an application within 30 days of receiving a

completed initial application or renewal application and

all supporting documentation required by rule;

(3) issue an agent identification card to a qualifying

agent within 15 business days of approving the initial

application or renewal application;

(4) enter the license number of the transporting

organization where the agent works; and

(5) allow for an electronic initial application and

renewal application process, and provide a confirmation by

electronic or other methods that an application has been

submitted. The Department of Agriculture may by rule

require prospective agents to file their applications by

electronic means and provide notices to the agents by

electronic means.

(b) An agent must keep his or her identification card

visible at all times when on the property of a cannabis

business establishment, including the cannabis business

establishment for which he or she is an agent.

(c) The agent identification cards shall contain the

following:

(1) the name of the cardholder;

(2) the date of issuance and expiration date of the

identification card;

(3) a random 10-digit alphanumeric identification

number containing at least 4 numbers and at least 4

letters that is unique to the holder;

(4) a photograph of the cardholder; and

(5) the legal name of the transporting organization

employing the agent.

(d) An agent identification card shall be immediately

returned to the transporting organization of the agent upon

termination of his or her employment.

(e) Any agent identification card lost by a transporting

agent shall be reported to the Illinois Department of State

Police and the Department of Agriculture immediately upon

discovery of the loss.

(f) An application for an agent identification card shall

be denied if the applicant is delinquent in filing any

required tax returns or paying any amounts owed to the State of

Illinois.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/40-35)

Sec. 40-35. Transporting organization background checks.

(a) Through the Illinois Department of State Police, the

Department of Agriculture shall conduct a background check of

the prospective principal officers, board members, and agents

of a transporter applying for a license or identification card

under this Act. The Illinois Department of State Police shall

charge a fee set by rule for conducting the criminal history

record check, which shall be deposited into the State Police

Services Fund and shall not exceed the actual cost of the

record check. In order to carry out this provision, each

transporting organization's prospective principal officer,

board member, or agent shall submit a full set of fingerprints

to the Illinois Department of State Police for the purpose of

obtaining a State and federal criminal records check. These

fingerprints shall be checked against the fingerprint records

now and hereafter, to the extent allowed by law, filed in the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history records databases. The Illinois

Department of State Police shall furnish, following positive

identification, all conviction information to the Department

of Agriculture.

(b) When applying for the initial license or

identification card, the background checks for all prospective

principal officers, board members, and agents shall be

completed before submitting the application to the Department

of Agriculture.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/55-15)

Sec. 55-15. Destruction of cannabis.

(a) All cannabis byproduct, scrap, and harvested cannabis

not intended for distribution to a dispensing organization

must be destroyed and disposed of under rules adopted by the

Department of Agriculture under this Act. Documentation of

destruction and disposal shall be retained at the cultivation

center, craft grower, infuser organization, transporter, or

testing facility as applicable for a period of not less than 5

years.

(b) A cultivation center, craft grower, or infuser

organization shall, before destruction, notify the Department

of Agriculture and the Illinois Department of State Police. A

dispensing organization shall, before destruction, notify the

Department of Financial and Professional Regulation and the

Illinois Department of State Police. The Department of

Agriculture may by rule require that an employee of the

Department of Agriculture or the Department of Financial and

Professional Regulation be present during the destruction of

any cannabis byproduct, scrap, and harvested cannabis, as

applicable.

(c) The cultivation center, craft grower, infuser

organization, or dispensing organization shall keep a record

of the date of destruction and how much was destroyed.

(d) A dispensing organization shall destroy all cannabis,

including cannabis-infused products, not sold to purchasers.

Documentation of destruction and disposal shall be retained at

the dispensing organization for a period of not less than 5

years.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/55-30)

Sec. 55-30. Confidentiality.

(a) Information provided by the cannabis business

establishment licensees or applicants to the Department of

Agriculture, the Department of Public Health, the Department

of Financial and Professional Regulation, the Department of

Commerce and Economic Opportunity, or other agency shall be

limited to information necessary for the purposes of

administering this Act. The information is subject to the

provisions and limitations contained in the Freedom of

Information Act and may be disclosed in accordance with

Section 55-65.

(b) The following information received and records kept by

the Department of Agriculture, the Department of Public

Health, the Illinois Department of State Police, and the

Department of Financial and Professional Regulation for

purposes of administering this Article are subject to all

applicable federal privacy laws, are confidential and exempt

from disclosure under the Freedom of Information Act, except

as provided in this Act, and not subject to disclosure to any

individual or public or private entity, except to the

Department of Financial and Professional Regulation, the

Department of Agriculture, the Department of Public Health,

and the Illinois Department of State Police as necessary to

perform official duties under this Article and to the Attorney

General as necessary to enforce the provisions of this Act.

The following information received and kept by the Department

of Financial and Professional Regulation or the Department of

Agriculture may be disclosed to the Department of Public

Health, the Department of Agriculture, the Department of

Revenue, the Illinois Department of State Police, or the

Attorney General upon proper request:

(1) Applications and renewals, their contents, and

supporting information submitted by or on behalf of

dispensing organizations in compliance with this Article,

including their physical addresses;

(2) Any plans, procedures, policies, or other records

relating to dispensing organization security; and

(3) Information otherwise exempt from disclosure by

State or federal law.

Illinois or national criminal history record information,

or the nonexistence or lack of such information, may not be

disclosed by the Department of Financial and Professional

Regulation or the Department of Agriculture, except as

necessary to the Attorney General to enforce this Act.

(c) The name and address of a dispensing organization

licensed under this Act shall be subject to disclosure under

the Freedom of Information Act. The name and cannabis business

establishment address of the person or entity holding each

cannabis business establishment license shall be subject to

disclosure.

(d) All information collected by the Department of

Financial and Professional Regulation in the course of an

examination, inspection, or investigation of a licensee or

applicant, including, but not limited to, any complaint

against a licensee or applicant filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed, except as otherwise provided in this

Act. A formal complaint against a licensee by the Department

or any disciplinary order issued by the Department against a

licensee or applicant shall be a public record, except as

otherwise provided by law. Complaints from consumers or

members of the general public received regarding a specific,

named licensee or complaints regarding conduct by unlicensed

entities shall be subject to disclosure under the Freedom of

Information Act.

(e) The Department of Agriculture, the Illinois Department

of State Police, and the Department of Financial and

Professional Regulation shall not share or disclose any

Illinois or national criminal history record information, or

the nonexistence or lack of such information, to any person or

entity not expressly authorized by this Act.

(f) Each Department responsible for licensure under this

Act shall publish on the Department's website a list of the

ownership information of cannabis business establishment

licensees under the Department's jurisdiction. The list shall

include, but is not limited to: the name of the person or

entity holding each cannabis business establishment license;

and the address at which the entity is operating under this

Act. This list shall be published and updated monthly.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/55-35)

Sec. 55-35. Administrative rulemaking.

(a) No later than 180 days after the effective date of this

Act, the Department of Agriculture, the Illinois Department of

State Police, the Department of Financial and Professional

Regulation, the Department of Revenue, the Department of

Commerce and Economic Opportunity, and the Treasurer's Office

shall adopt permanent rules in accordance with their

responsibilities under this Act. The Department of

Agriculture, the Illinois Department of State Police, the

Department of Financial and Professional Regulation, the

Department of Revenue, and the Department of Commerce and

Economic Opportunity may adopt rules necessary to regulate

personal cannabis use through the use of emergency rulemaking

in accordance with subsection (gg) of Section 5-45 of the

Illinois Administrative Procedure Act. The General Assembly

finds that the adoption of rules to regulate cannabis use is

deemed an emergency and necessary for the public interest,

safety, and welfare.

(b) The Department of Agriculture rules may address, but

are not limited to, the following matters related to

cultivation centers, craft growers, infuser organizations, and

transporting organizations with the goal of protecting against

diversion and theft, without imposing an undue burden on the

cultivation centers, craft growers, infuser organizations, or

transporting organizations:

(1) oversight requirements for cultivation centers,

craft growers, infuser organizations, and transporting

organizations;

(2) recordkeeping requirements for cultivation

centers, craft growers, infuser organizations, and

transporting organizations;

(3) security requirements for cultivation centers,

craft growers, infuser organizations, and transporting

organizations, which shall include that each cultivation

center, craft grower, infuser organization, and

transporting organization location must be protected by a

fully operational security alarm system;

(4) standards for enclosed, locked facilities under

this Act;

(5) procedures for suspending or revoking the

identification cards of agents of cultivation centers,

craft growers, infuser organizations, and transporting

organizations that commit violations of this Act or the

rules adopted under this Section;

(6) rules concerning the intrastate transportation of

cannabis from a cultivation center, craft grower, infuser

organization, and transporting organization to a

dispensing organization;

(7) standards concerning the testing, quality,

cultivation, and processing of cannabis; and

(8) any other matters under oversight by the

Department of Agriculture as are necessary for the fair,

impartial, stringent, and comprehensive administration of

this Act.

(c) The Department of Financial and Professional

Regulation rules may address, but are not limited to, the

following matters related to dispensing organizations, with

the goal of protecting against diversion and theft, without

imposing an undue burden on the dispensing organizations:

(1) oversight requirements for dispensing

organizations;

(2) recordkeeping requirements for dispensing

organizations;

(3) security requirements for dispensing

organizations, which shall include that each dispensing

organization location must be protected by a fully

operational security alarm system;

(4) procedures for suspending or revoking the licenses

of dispensing organization agents that commit violations

of this Act or the rules adopted under this Act;

(5) any other matters under oversight by the

Department of Financial and Professional Regulation that

are necessary for the fair, impartial, stringent, and

comprehensive administration of this Act.

(d) The Department of Revenue rules may address, but are

not limited to, the following matters related to the payment

of taxes by cannabis business establishments:

(1) recording of sales;

(2) documentation of taxable income and expenses;

(3) transfer of funds for the payment of taxes; or

(4) any other matter under the oversight of the

Department of Revenue.

(e) The Department of Commerce and Economic Opportunity

rules may address, but are not limited to, a loan program or

grant program to assist Social Equity Applicants access the

capital needed to start a cannabis business establishment. The

names of recipients and the amounts of any moneys received

through a loan program or grant program shall be a public

record.

(f) The Illinois Department of State Police rules may

address enforcement of its authority under this Act. The

Illinois Department of State Police shall not make rules that

infringe on the exclusive authority of the Department of

Financial and Professional Regulation or the Department of

Agriculture over licensees under this Act.

(g) The Department of Human Services shall develop and

disseminate:

(1) educational information about the health risks

associated with the use of cannabis; and

(2) one or more public education campaigns in

coordination with local health departments and community

organizations, including one or more prevention campaigns

directed at children, adolescents, parents, and pregnant

or breastfeeding women, to inform them of the potential

health risks associated with intentional or unintentional

cannabis use.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(410 ILCS 705/55-40)

Sec. 55-40. Enforcement.

(a) If the Department of Agriculture, Illinois Department

of State Police, Department of Financial and Professional

Regulation, Department of Commerce and Economic Opportunity,

or Department of Revenue fails to adopt rules to implement

this Act within the times provided in this Act, any citizen may

commence a mandamus action in the circuit court to compel the

agencies to perform the actions mandated under Section 55-35.

(b) If the Department of Agriculture or the Department of

Financial and Professional Regulation fails to issue a valid

agent identification card in response to a valid initial

application or renewal application submitted under this Act or

fails to issue a verbal or written notice of denial of the

application within 30 days of its submission, the agent

identification card is deemed granted and a copy of the agent

identification initial application or renewal application

shall be deemed a valid agent identification card.

(c) Authorized employees of State or local law enforcement

agencies shall immediately notify the Department of

Agriculture and the Department of Financial and Professional

Regulation when any person in possession of an agent

identification card has been convicted of or pled guilty to

violating this Act.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/55-50)

Sec. 55-50. Petition for rehearing. Within 20 days after

the service of any order or decision of the Department of

Public Health, the Department of Agriculture, the Department

of Financial and Professional Regulation, or the Illinois

Department of State Police upon any party to the proceeding,

the party may apply for a rehearing in respect to any matters

determined by them under this Act, except for decisions made

under the Cannabis Cultivation Privilege Tax Law, the Cannabis

Purchaser Excise Tax Law, the County Cannabis Retailers'

Occupation Tax Law, and the Municipal Cannabis Retailers'

Occupation Tax Law, which shall be governed by the provisions

of those Laws. If a rehearing is granted, an agency shall hold

the rehearing and render a decision within 30 days from the

filing of the application for rehearing with the agency. The

time for holding such rehearing and rendering a decision may

be extended for a period not to exceed 30 days, for good cause

shown, and by notice in writing to all parties of interest. If

an agency fails to act on the application for rehearing within

30 days, or the date the time for rendering a decision was

extended for good cause shown, the order or decision of the

agency is final. No action for the judicial review of any order

or decision of an agency shall be allowed unless the party

commencing such action has first filed an application for a

rehearing and the agency has acted or failed to act upon the

application. Only one rehearing may be granted by an agency on

application of any one party.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/55-55)

Sec. 55-55. Review of administrative decisions. All final

administrative decisions of the Department of Public Health,

the Department of Agriculture, the Department of Financial and

Professional Regulation, and the Illinois Department of State

Police are subject to judicial review under the Administrative

Review Law and the rules adopted under that Law. The term

"administrative decision" is defined as in Section 3-101 of

the Code of Civil Procedure.

(Source: P.A. 101-27, eff. 6-25-19.)

(410 ILCS 705/55-80)

Sec. 55-80. Annual reports.

(a) The Department of Financial and Professional

Regulation shall submit to the General Assembly and Governor a

report, by September 30 of each year, that does not disclose

any information identifying information about cultivation

centers, craft growers, infuser organizations, transporting

organizations, or dispensing organizations, but does contain,

at a minimum, all of the following information for the

previous fiscal year:

(1) The number of licenses issued to dispensing

organizations by county, or, in counties with greater than

3,000,000 residents, by zip code;

(2) The total number of dispensing organization owners

that are Social Equity Applicants or minority persons,

women, or persons with disabilities as those terms are

defined in the Business Enterprise for Minorities, Women,

and Persons with Disabilities Act;

(3) The total number of revenues received from

dispensing organizations, segregated from revenues

received from dispensing organizations under the

Compassionate Use of Medical Cannabis Program Act by

county, separated by source of revenue;

(4) The total amount of revenue received from

dispensing organizations that share a premises or majority

ownership with a craft grower;

(5) The total amount of revenue received from

dispensing organizations that share a premises or majority

ownership with an infuser; and

(6) An analysis of revenue generated from taxation,

licensing, and other fees for the State, including

recommendations to change the tax rate applied.

(b) The Department of Agriculture shall submit to the

General Assembly and Governor a report, by September 30 of

each year, that does not disclose any information identifying

information about cultivation centers, craft growers, infuser

organizations, transporting organizations, or dispensing

organizations, but does contain, at a minimum, all of the

following information for the previous fiscal year:

(1) The number of licenses issued to cultivation

centers, craft growers, infusers, and transporters by

license type, and, in counties with more than 3,000,000

residents, by zip code;

(2) The total number of cultivation centers, craft

growers, infusers, and transporters by license type that

are Social Equity Applicants or minority persons, women,

or persons with disabilities as those terms are defined in

the Business Enterprise for Minorities, Women, and Persons

with Disabilities Act;

(3) The total amount of revenue received from

cultivation centers, craft growers, infusers, and

transporters, separated by license types and source of

revenue;

(4) The total amount of revenue received from craft

growers and infusers that share a premises or majority

ownership with a dispensing organization;

(5) The total amount of revenue received from craft

growers that share a premises or majority ownership with

an infuser, but do not share a premises or ownership with a

dispensary;

(6) The total amount of revenue received from infusers

that share a premises or majority ownership with a craft

grower, but do not share a premises or ownership with a

dispensary;

(7) The total amount of revenue received from craft

growers that share a premises or majority ownership with a

dispensing organization, but do not share a premises or

ownership with an infuser;

(8) The total amount of revenue received from infusers

that share a premises or majority ownership with a

dispensing organization, but do not share a premises or

ownership with a craft grower;

(9) The total amount of revenue received from

transporters; and

(10) An analysis of revenue generated from taxation,

licensing, and other fees for the State, including

recommendations to change the tax rate applied.

(c) The Illinois Department of State Police shall submit

to the General Assembly and Governor a report, by September 30

of each year that contains, at a minimum, all of the following

information for the previous fiscal year:

(1) The effect of regulation and taxation of cannabis

on law enforcement resources;

(2) The impact of regulation and taxation of cannabis

on highway and waterway safety and rates of impaired

driving or operating, where impairment was determined

based on failure of a field sobriety test;

(3) The available and emerging methods for detecting

the metabolites for delta-9-tetrahydrocannabinol in bodily

fluids, including, without limitation, blood and saliva;

(4) The effectiveness of current DUI laws and

recommendations for improvements to policy to better

ensure safe highways and fair laws.

(d) The Adult Use Cannabis Health Advisory Committee shall

submit to the General Assembly and Governor a report, by

September 30 of each year, that does not disclose any

identifying information about any individuals, but does

contain, at a minimum:

(1) Self-reported youth cannabis use, as published in

the most recent Illinois Youth Survey available;

(2) Self-reported adult cannabis use, as published in

the most recent Behavioral Risk Factor Surveillance Survey

available;

(3) Hospital room admissions and hospital utilization

rates caused by cannabis consumption, including the

presence or detection of other drugs;

(4) Overdoses of cannabis and poison control data,

including the presence of other drugs that may have

contributed;

(5) Incidents of impaired driving caused by the

consumption of cannabis or cannabis products, including

the presence of other drugs or alcohol that may have

contributed to the impaired driving;

(6) Prevalence of infants born testing positive for

cannabis or delta-9-tetrahydrocannabinol, including

demographic and racial information on which infants are

tested;

(7) Public perceptions of use and risk of harm;

(8) Revenue collected from cannabis taxation and how

that revenue was used;

(9) Cannabis retail licenses granted and locations;

(10) Cannabis-related arrests; and

(11) The number of individuals completing required bud

tender training.

(e) Each agency or committee submitting reports under this

Section may consult with one another in the preparation of

each report.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

Section 850. The Radiation Protection Act of 1990 is

amended by changing Section 34 as follows:

(420 ILCS 40/34) (from Ch. 111 1/2, par. 210-34)

(Section scheduled to be repealed on January 1, 2022)

Sec. 34. All intrastate and interstate carriers of

irradiated nuclear reactor fuel in the State of Illinois are

hereby required to notify the Agency 24 hours prior to any

transportation of irradiated nuclear reactor fuel within this

State of the proposed route, the place and time of entry into

the State, and the amount and the source of the fuel. The

Agency shall immediately notify the Illinois State Police,

which shall notify the sheriff of those counties along the

route of such shipment.

For the purpose of this subsection, a "carrier" is any

entity charged with transportation of such irradiated reactor

fuel from the nuclear steam-generating facility to a storage

facility.

For the purpose of this subsection, "irradiated reactor

fuel" is any nuclear fuel assembly containing fissile-bearing

material that has been irradiated in and removed from a

nuclear reactor facility.

(Source: P.A. 94-104, eff. 7-1-05.)

Section 865. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 2, 3, 3.1, 3.3, 4, 5, 5.1, 6,

8, 8.1, 8.2, 8.3, 9.5, 10, 11, 13.1, 13.2, 13.3, 15a, and 15b

as follows:

(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Illinois Department of State

Police to be addicted to narcotics based upon federal law

or federal guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" means

the person is the subject of a determination by a court, board,

commission or other lawful authority that the person, as a

result of marked subnormal intelligence, or mental illness,

mental impairment, incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun,

or B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signaling

signalling or safety and required or recommended by the

United States Coast Guard or the Interstate Commerce

Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Illinois

Department of State Police finds by reason of the date of

its manufacture, value, design, and other characteristics

is primarily a collector's item and is not likely to be

used as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signalling or safety and

required or recommended by the United States Coast Guard

or the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors

display, offer, or exhibit for sale, sell, transfer, or

exchange firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this

Section. Nothing in this definition shall be construed to

exclude a gun show held in conjunction with competitive

shooting events at the World Shooting Complex sanctioned by a

national governing body in which the sale or transfer of

firearms is authorized under subparagraph (5) of paragraph (g)

of subsection (A) of Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "gun show" does not

include training or safety classes, competitive shooting

events, such as rifle, shotgun, or handgun matches, trap,

skeet, or sporting clays shoots, dinners, banquets, raffles,

or any other event where the sale or transfer of firearms is

not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun

show promoter for a fixed location from which to exhibit,

sell, offer for sale, transfer, or exchange any firearm.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provide

treatment of persons with mental illness and includes all

hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"Patient" means:

(1) a person who is admitted as an inpatient or

resident of a public or private mental health facility for

mental health treatment under Chapter III of the Mental

Health and Developmental Disabilities Code as an informal

admission, a voluntary admission, a minor admission, an

emergency admission, or an involuntary admission, unless

the treatment was solely for an alcohol abuse disorder; or

(2) a person who voluntarily or involuntarily receives

mental health treatment as an out-patient or is otherwise

provided services by a public or private mental health

facility, and who poses a clear and present danger to

himself, herself, or to others.

"Person with a developmental disability" means a person

with a disability which is attributable to any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by persons with intellectual disabilities. The

disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability. This disability results, in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Person with an intellectual disability" means a person

with a significantly subaverage general intellectual

functioning which exists concurrently with impairment in

adaptive behavior and which originates before the age of 18

years.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities

Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health

Clear and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

(430 ILCS 65/2) (from Ch. 38, par. 83-2)

Sec. 2. Firearm Owner's Identification Card required;

exceptions.

(a) (1) No person may acquire or possess any firearm, stun

gun, or taser within this State without having in his or her

possession a Firearm Owner's Identification Card previously

issued in his or her name by the Illinois Department of State

Police under the provisions of this Act.

(2) No person may acquire or possess firearm ammunition

within this State without having in his or her possession a

Firearm Owner's Identification Card previously issued in his

or her name by the Illinois Department of State Police under

the provisions of this Act.

(b) The provisions of this Section regarding the

possession of firearms, firearm ammunition, stun guns, and

tasers do not apply to:

(1) United States Marshals, while engaged in the

operation of their official duties;

(2) Members of the Armed Forces of the United States

or the National Guard, while engaged in the operation of

their official duties;

(3) Federal officials required to carry firearms,

while engaged in the operation of their official duties;

(4) Members of bona fide veterans organizations which

receive firearms directly from the armed forces of the

United States, while using the firearms for ceremonial

purposes with blank ammunition;

(5) Nonresident hunters during hunting season, with

valid nonresident hunting licenses and while in an area

where hunting is permitted; however, at all other times

and in all other places these persons must have their

firearms unloaded and enclosed in a case;

(6) Those hunters exempt from obtaining a hunting

license who are required to submit their Firearm Owner's

Identification Card when hunting on Department of Natural

Resources owned or managed sites;

(7) Nonresidents while on a firing or shooting range

recognized by the Illinois Department of State Police;

however, these persons must at all other times and in all

other places have their firearms unloaded and enclosed in

a case;

(8) Nonresidents while at a firearm showing or display

recognized by the Illinois Department of State Police;

however, at all other times and in all other places these

persons must have their firearms unloaded and enclosed in

a case;

(9) Nonresidents whose firearms are unloaded and

enclosed in a case;

(10) Nonresidents who are currently licensed or

registered to possess a firearm in their resident state;

(11) Unemancipated minors while in the custody and

immediate control of their parent or legal guardian or

other person in loco parentis to the minor if the parent or

legal guardian or other person in loco parentis to the

minor has a currently valid Firearm Owner's Identification

Card;

(12) Color guards of bona fide veterans organizations

or members of bona fide American Legion bands while using

firearms for ceremonial purposes with blank ammunition;

(13) Nonresident hunters whose state of residence does

not require them to be licensed or registered to possess a

firearm and only during hunting season, with valid hunting

licenses, while accompanied by, and using a firearm owned

by, a person who possesses a valid Firearm Owner's

Identification Card and while in an area within a

commercial club licensed under the Wildlife Code where

hunting is permitted and controlled, but in no instance

upon sites owned or managed by the Department of Natural

Resources;

(14) Resident hunters who are properly authorized to

hunt and, while accompanied by a person who possesses a

valid Firearm Owner's Identification Card, hunt in an area

within a commercial club licensed under the Wildlife Code

where hunting is permitted and controlled;

(15) A person who is otherwise eligible to obtain a

Firearm Owner's Identification Card under this Act and is

under the direct supervision of a holder of a Firearm

Owner's Identification Card who is 21 years of age or

older while the person is on a firing or shooting range or

is a participant in a firearms safety and training course

recognized by a law enforcement agency or a national,

statewide shooting sports organization; and

(16) Competitive shooting athletes whose competition

firearms are sanctioned by the International Olympic

Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting

in connection with such athletes' training for and

participation in shooting competitions at the 2016 Olympic

and Paralympic Games and sanctioned test events leading up

to the 2016 Olympic and Paralympic Games.

(c) The provisions of this Section regarding the

acquisition and possession of firearms, firearm ammunition,

stun guns, and tasers do not apply to law enforcement

officials of this or any other jurisdiction, while engaged in

the operation of their official duties.

(c-5) The provisions of paragraphs (1) and (2) of

subsection (a) of this Section regarding the possession of

firearms and firearm ammunition do not apply to the holder of a

valid concealed carry license issued under the Firearm

Concealed Carry Act who is in physical possession of the

concealed carry license.

(d) Any person who becomes a resident of this State, who is

not otherwise prohibited from obtaining, possessing, or using

a firearm or firearm ammunition, shall not be required to have

a Firearm Owner's Identification Card to possess firearms or

firearms ammunition until 60 calendar days after he or she

obtains an Illinois driver's license or Illinois

Identification Card.

(Source: P.A. 99-29, eff. 7-10-15.)

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may

knowingly transfer, or cause to be transferred, any firearm,

firearm ammunition, stun gun, or taser to any person within

this State unless the transferee with whom he deals displays

either: (1) a currently valid Firearm Owner's Identification

Card which has previously been issued in his or her name by the

Illinois Department of State Police under the provisions of

this Act; or (2) a currently valid license to carry a concealed

firearm which has previously been issued in his or her name by

the Illinois Department of State Police under the Firearm

Concealed Carry Act. In addition, all firearm, stun gun, and

taser transfers by federally licensed firearm dealers are

subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm while that

person is on the grounds of a gun show must, before selling or

transferring the firearm, request the Illinois Department of

State Police to conduct a background check on the prospective

recipient of the firearm in accordance with Section 3.1.

(a-10) Notwithstanding item (2) of subsection (a) of this

Section, any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm or

firearms to any person who is not a federally licensed firearm

dealer shall, before selling or transferring the firearms,

contact the Illinois Department of State Police with the

transferee's or purchaser's Firearm Owner's Identification

Card number to determine the validity of the transferee's or

purchaser's Firearm Owner's Identification Card. This

subsection shall not be effective until January 1, 2014. The

Illinois Department of State Police may adopt rules concerning

the implementation of this subsection. The Illinois Department

of State Police shall provide the seller or transferor an

approval number if the purchaser's Firearm Owner's

Identification Card is valid. Approvals issued by the

Department for the purchase of a firearm pursuant to this

subsection are valid for 30 days from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer

is not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

(4) transfers on the grounds of a gun show under

subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a

gunsmith for service or repair, the return of the firearm

to its owner by the gunsmith, or the delivery of a firearm

by a gunsmith to a federally licensed firearms dealer for

service or repair and the return of the firearm to the

gunsmith;

(6) temporary transfers that occur while in the home

of the unlicensed transferee, if the unlicensed transferee

is not otherwise prohibited from possessing firearms and

the unlicensed transferee reasonably believes that

possession of the firearm is necessary to prevent imminent

death or great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections

agency or a law enforcement or corrections officer acting

within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered

permanently inoperable to a nonprofit historical society,

museum, or institutional collection; and

(9) transfers to a person who is exempt from the

requirement of possessing a Firearm Owner's Identification

Card under Section 2 of this Act.

(a-20) The Illinois Department of State Police shall

develop an Internet-based system for individuals to determine

the validity of a Firearm Owner's Identification Card prior to

the sale or transfer of a firearm. The Department shall have

the Internet-based system completed and available for use by

July 1, 2015. The Department shall adopt rules not

inconsistent with this Section to implement this system.

(b) Any person within this State who transfers or causes

to be transferred any firearm, stun gun, or taser shall keep a

record of such transfer for a period of 10 years from the date

of transfer. Such record shall contain the date of the

transfer; the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial

number is available; and, if the transfer was completed within

this State, the transferee's Firearm Owner's Identification

Card number and any approval number or documentation provided

by the Illinois Department of State Police pursuant to

subsection (a-10) of this Section; if the transfer was not

completed within this State, the record shall contain the name

and address of the transferee. On or after January 1, 2006, the

record shall contain the date of application for transfer of

the firearm. On demand of a peace officer such transferor

shall produce for inspection such record of transfer. If the

transfer or sale took place at a gun show, the record shall

include the unique identification number. Failure to record

the unique identification number or approval number is a petty

offense. For transfers of a firearm, stun gun, or taser made on

or after the effective date of this amendatory Act of the 100th

General Assembly, failure by the private seller to maintain

the transfer records in accordance with this Section is a

Class A misdemeanor for the first offense and a Class 4 felony

for a second or subsequent offense. A transferee shall not be

criminally liable under this Section provided that he or she

provides the Illinois Department of State Police with the

transfer records in accordance with procedures established by

the Department. The Department shall establish, by rule, a

standard form on its website.

(b-5) Any resident may purchase ammunition from a person

within or outside of Illinois if shipment is by United States

mail or by a private express carrier authorized by federal law

to ship ammunition. Any resident purchasing ammunition within

or outside the State of Illinois must provide the seller with a

copy of his or her valid Firearm Owner's Identification Card

or valid concealed carry license and either his or her

Illinois driver's license or Illinois State Identification

Card prior to the shipment of the ammunition. The ammunition

may be shipped only to an address on either of those 2

documents.

(c) The provisions of this Section regarding the transfer

of firearm ammunition shall not apply to those persons

specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Dial up system.

(a) The Illinois Department of State Police shall provide

a dial up telephone system or utilize other existing

technology which shall be used by any federally licensed

firearm dealer, gun show promoter, or gun show vendor who is to

transfer a firearm, stun gun, or taser under the provisions of

this Act. The Illinois Department of State Police may utilize

existing technology which allows the caller to be charged a

fee not to exceed $2. Fees collected by the Illinois

Department of State Police shall be deposited in the State

Police Services Fund and used to provide the service.

(b) Upon receiving a request from a federally licensed

firearm dealer, gun show promoter, or gun show vendor, the

Illinois Department of State Police shall immediately approve,

or within the time period established by Section 24-3 of the

Criminal Code of 2012 regarding the delivery of firearms, stun

guns, and tasers notify the inquiring dealer, gun show

promoter, or gun show vendor of any objection that would

disqualify the transferee from acquiring or possessing a

firearm, stun gun, or taser. In conducting the inquiry, the

Illinois Department of State Police shall initiate and

complete an automated search of its criminal history record

information files and those of the Federal Bureau of

Investigation, including the National Instant Criminal

Background Check System, and of the files of the Department of

Human Services relating to mental health and developmental

disabilities to obtain any felony conviction or patient

hospitalization information which would disqualify a person

from obtaining or require revocation of a currently valid

Firearm Owner's Identification Card.

(c) If receipt of a firearm would not violate Section 24-3

of the Criminal Code of 2012, federal law, or this Act the

Illinois Department of State Police shall:

(1) assign a unique identification number to the

transfer; and

(2) provide the licensee, gun show promoter, or gun

show vendor with the number.

(d) Approvals issued by the Illinois Department of State

Police for the purchase of a firearm are valid for 30 days from

the date of issue.

(e) (1) The Illinois Department of State Police must act

as the Illinois Point of Contact for the National Instant

Criminal Background Check System.

(2) The Illinois Department of State Police and the

Department of Human Services shall, in accordance with State

and federal law regarding confidentiality, enter into a

memorandum of understanding with the Federal Bureau of

Investigation for the purpose of implementing the National

Instant Criminal Background Check System in the State. The

Illinois Department of State Police shall report the name,

date of birth, and physical description of any person

prohibited from possessing a firearm pursuant to the Firearm

Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to

the National Instant Criminal Background Check System Index,

Denied Persons Files.

(3) The Illinois Department of State Police shall provide

notice of the disqualification of a person under subsection

(b) of this Section or the revocation of a person's Firearm

Owner's Identification Card under Section 8 or Section 8.2 of

this Act, and the reason for the disqualification or

revocation, to all law enforcement agencies with jurisdiction

to assist with the seizure of the person's Firearm Owner's

Identification Card.

(f) The Illinois Department of State Police shall adopt

rules not inconsistent with this Section to implement this

system.

(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

(430 ILCS 65/3.3)

Sec. 3.3. Report to the local law enforcement agency. The

Illinois Department of State Police must report the name and

address of a person to the local law enforcement agency where

the person resides if the person attempting to purchase a

firearm is disqualified from purchasing a firearm because of

information obtained under subsection (a-10) of Section 3 or

Section 3.1 that would disqualify the person from obtaining a

Firearm Owner's Identification Card under any of subsections

(c) through (n) of Section 8 of this Act.

(Source: P.A. 98-508, eff. 8-19-13.)

(430 ILCS 65/4) (from Ch. 38, par. 83-4)

Sec. 4. Application for Firearm Owner's Identification

Cards.

(a) Each applicant for a Firearm Owner's Identification

Card must:

(1) Make application on blank forms prepared and

furnished at convenient locations throughout the State by

the Illinois Department of State Police, or by electronic

means, if and when made available by the Illinois

Department of State Police; and

(2) Submit evidence to the Illinois Department of

State Police that:

(i) This subparagraph (i) applies through the

180th day following the effective date of this

amendatory Act of the 101st General Assembly. He or

she is 21 years of age or over, or if he or she is

under 21 years of age that he or she has the written

consent of his or her parent or legal guardian to

possess and acquire firearms and firearm ammunition

and that he or she has never been convicted of a

misdemeanor other than a traffic offense or adjudged

delinquent, provided, however, that such parent or

legal guardian is not an individual prohibited from

having a Firearm Owner's Identification Card and files

an affidavit with the Department as prescribed by the

Department stating that he or she is not an individual

prohibited from having a Card;

(i-5) This subparagraph (i-5) applies on and after

the 181st day following the effective date of this

amendatory Act of the 101st General Assembly. He or

she is 21 years of age or over, or if he or she is

under 21 years of age that he or she has never been

convicted of a misdemeanor other than a traffic

offense or adjudged delinquent and is an active duty

member of the United States Armed Forces or has the

written consent of his or her parent or legal guardian

to possess and acquire firearms and firearm

ammunition, provided, however, that such parent or

legal guardian is not an individual prohibited from

having a Firearm Owner's Identification Card and files

an affidavit with the Department as prescribed by the

Department stating that he or she is not an individual

prohibited from having a Card or the active duty

member of the United States Armed Forces under 21

years of age annually submits proof to the Illinois

Department of State Police, in a manner prescribed by

the Department;

(ii) He or she has not been convicted of a felony

under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental

health facility within the past 5 years or, if he or

she has been a patient in a mental health facility more

than 5 years ago submit the certification required

under subsection (u) of Section 8 of this Act;

(v) He or she is not a person with an intellectual

disability;

(vi) He or she is not an alien who is unlawfully

present in the United States under the laws of the

United States;

(vii) He or she is not subject to an existing order

of protection prohibiting him or her from possessing a

firearm;

(viii) He or she has not been convicted within the

past 5 years of battery, assault, aggravated assault,

violation of an order of protection, or a

substantially similar offense in another jurisdiction,

in which a firearm was used or possessed;

(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a

substantially similar offense in another jurisdiction

committed before, on or after January 1, 2012 (the

effective date of Public Act 97-158). If the applicant

knowingly and intelligently waives the right to have

an offense described in this clause (ix) tried by a

jury, and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic

relationship is not a required element of the offense

but in which a determination of the applicability of

18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

the Code of Criminal Procedure of 1963, an entry by the

court of a judgment of conviction for that offense

shall be grounds for denying the issuance of a Firearm

Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not an alien who has been

admitted to the United States under a non-immigrant

visa (as that term is defined in Section 101(a)(26) of

the Immigration and Nationality Act (8 U.S.C.

1101(a)(26))), or that he or she is an alien who has

been lawfully admitted to the United States under a

non-immigrant visa if that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States

Government or the Government's mission to an

international organization having its

headquarters in the United States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United

States on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to

18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a

petition filed under Section 5-520 of the Juvenile

Court Act of 1987 alleging that the minor is a

delinquent minor for the commission of an offense that

if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been

adjudicated a delinquent minor under the Juvenile

Court Act of 1987 for the commission of an offense that

if committed by an adult would be a felony;

(xiv) He or she is a resident of the State of

Illinois;

(xv) He or she has not been adjudicated as a person

with a mental disability;

(xvi) He or she has not been involuntarily

admitted into a mental health facility; and

(xvii) He or she is not a person with a

developmental disability; and

(3) Upon request by the Illinois Department of State

Police, sign a release on a form prescribed by the

Illinois Department of State Police waiving any right to

confidentiality and requesting the disclosure to the

Illinois Department of State Police of limited mental

health institution admission information from another

state, the District of Columbia, any other territory of

the United States, or a foreign nation concerning the

applicant for the sole purpose of determining whether the

applicant is or was a patient in a mental health

institution and disqualified because of that status from

receiving a Firearm Owner's Identification Card. No mental

health care or treatment records may be requested. The

information received shall be destroyed within one year of

receipt.

(a-5) Each applicant for a Firearm Owner's Identification

Card who is over the age of 18 shall furnish to the Illinois

Department of State Police either his or her Illinois driver's

license number or Illinois Identification Card number, except

as provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification

Card, who is employed as a law enforcement officer, an armed

security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois

resident, shall furnish to the Illinois Department of State

Police his or her driver's license number or state

identification card number from his or her state of residence.

The Illinois Department of State Police may adopt rules to

enforce the provisions of this subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's

Identification Card moves from the residence address named in

the application, he or she shall immediately notify in a form

and manner prescribed by the Illinois Department of State

Police of that change of address.

(a-20) Each applicant for a Firearm Owner's Identification

Card shall furnish to the Illinois Department of State Police

his or her photograph. An applicant who is 21 years of age or

older seeking a religious exemption to the photograph

requirement must furnish with the application an approved copy

of United States Department of the Treasury Internal Revenue

Service Form 4029. In lieu of a photograph, an applicant

regardless of age seeking a religious exemption to the

photograph requirement shall submit fingerprints on a form and

manner prescribed by the Department with his or her

application.

(b) Each application form shall include the following

statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's

Identification Card is punishable as a Class 2 felony in

accordance with subsection (d-5) of Section 14 of the Firearm

Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4,

paragraph (a)(2)(i), the parent or legal guardian giving the

consent shall be liable for any damages resulting from the

applicant's use of firearms or firearm ammunition.

(Source: P.A. 101-80, eff. 7-12-19.)

(430 ILCS 65/5) (from Ch. 38, par. 83-5)

Sec. 5. Application and renewal.

(a) The Illinois Department of State Police shall either

approve or deny all applications within 30 days from the date

they are received, except as provided in subsection (b) of

this Section, and every applicant found qualified under

Section 8 of this Act by the Department shall be entitled to a

Firearm Owner's Identification Card upon the payment of a $10

fee. Any applicant who is an active duty member of the Armed

Forces of the United States, a member of the Illinois National

Guard, or a member of the Reserve Forces of the United States

is exempt from the application fee. $6 of each fee derived from

the issuance of Firearm Owner's Identification Cards, or

renewals thereof, shall be deposited in the Wildlife and Fish

Fund in the State Treasury; $1 of the fee shall be deposited in

the State Police Services Fund and $3 of the fee shall be

deposited in the State Police Firearm Services Fund.

(b) Renewal applications shall be approved or denied

within 60 business days, provided the applicant submitted his

or her renewal application prior to the expiration of his or

her Firearm Owner's Identification Card. If a renewal

application has been submitted prior to the expiration date of

the applicant's Firearm Owner's Identification Card, the

Firearm Owner's Identification Card shall remain valid while

the Department processes the application, unless the person is

subject to or becomes subject to revocation under this Act.

The cost for a renewal application shall be $10 which shall be

deposited into the State Police Firearm Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/5.1)

Sec. 5.1. State Police Firearm Services Fund. All moneys

remaining in the Firearm Owner's Notification Fund on the

effective date of this amendatory Act of the 98th General

Assembly shall be transferred into the State Police Firearm

Services Fund, a special fund created in the State treasury,

to be expended by the Illinois Department of State Police, for

the purposes specified in this Act and Section 2605-595 of the

Illinois Department of State Police Law of the Civil

Administrative Code of Illinois.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 65/6) (from Ch. 38, par. 83-6)

Sec. 6. Contents of Firearm Owner's Identification Card.

(a) A Firearm Owner's Identification Card, issued by the

Illinois Department of State Police at such places as the

Director of the Illinois State Police Department shall

specify, shall contain the applicant's name, residence, date

of birth, sex, physical description, recent photograph, except

as provided in subsection (c-5), and signature. Each Firearm

Owner's Identification Card must have the expiration date

boldly and conspicuously displayed on the face of the card.

Each Firearm Owner's Identification Card must have printed on

it the following: "CAUTION - This card does not permit bearer

to UNLAWFULLY carry or use firearms." Before December 1, 2002,

the Department may use a person's digital photograph and

signature from his or her Illinois driver's license or

Illinois Identification Card, if available. On and after

December 1, 2002, the Department shall use a person's digital

photograph and signature from his or her Illinois driver's

license or Illinois Identification Card, if available. The

Department shall decline to use a person's digital photograph

or signature if the digital photograph or signature is the

result of or associated with fraudulent or erroneous data,

unless otherwise provided by law.

(b) A person applying for a Firearm Owner's Identification

Card shall consent to the Illinois Department of State Police

using the applicant's digital driver's license or Illinois

Identification Card photograph, if available, and signature on

the applicant's Firearm Owner's Identification Card. The

Secretary of State shall allow the Illinois Department of

State Police access to the photograph and signature for the

purpose of identifying the applicant and issuing to the

applicant a Firearm Owner's Identification Card.

(c) The Secretary of State shall conduct a study to

determine the cost and feasibility of creating a method of

adding an identifiable code, background, or other means on the

driver's license or Illinois Identification Card to show that

an individual is not disqualified from owning or possessing a

firearm under State or federal law. The Secretary shall report

the findings of this study 12 months after the effective date

of this amendatory Act of the 92nd General Assembly.

(c-5) If a person qualifies for a photograph exemption, in

lieu of a photograph, the Firearm Owner's Identification Card

shall contain a copy of the card holder's fingerprints. Each

Firearm Owner's Identification Card described in this

subsection (c-5) must have printed on it the following: "This

card is only valid for firearm purchases through a federally

licensed firearms dealer when presented with photographic

identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."

(Source: P.A. 97-1131, eff. 1-1-13.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. Grounds for denial and revocation. The Illinois

Department of State Police has authority to deny an

application for or to revoke and seize a Firearm Owner's

Identification Card previously issued under this Act only if

the Department finds that the applicant or the person to whom

such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) This subsection (b) applies through the 180th day

following the effective date of this amendatory Act of the

101st General Assembly. A person under 21 years of age who

does not have the written consent of his parent or

guardian to acquire and possess firearms and firearm

ammunition, or whose parent or guardian has revoked such

written consent, or where such parent or guardian does not

qualify to have a Firearm Owner's Identification Card;

(b-5) This subsection (b-5) applies on and after the

181st day following the effective date of this amendatory

Act of the 101st General Assembly. A person under 21 years

of age who is not an active duty member of the United

States Armed Forces and does not have the written consent

of his or her parent or guardian to acquire and possess

firearms and firearm ammunition, or whose parent or

guardian has revoked such written consent, or where such

parent or guardian does not qualify to have a Firearm

Owner's Identification Card;

(c) A person convicted of a felony under the laws of

this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health

facility within the past 5 years or a person who has been a

patient in a mental health facility more than 5 years ago

who has not received the certification required under

subsection (u) of this Section. An active law enforcement

officer employed by a unit of government who is denied,

revoked, or has his or her Firearm Owner's Identification

Card seized under this subsection (e) may obtain relief as

described in subsection (c-5) of Section 10 of this Act if

the officer did not act in a manner threatening to the

officer, another person, or the public as determined by

the treating clinical psychologist or physician, and the

officer seeks mental health treatment;

(f) A person whose mental condition is of such a

nature that it poses a clear and present danger to the

applicant, any other person or persons or the community;

(g) A person who has an intellectual disability;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United

States under the laws of the United States;

(i-5) An alien who has been admitted to the United

States under a non-immigrant visa (as that term is defined

in Section 101(a)(26) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(26))), except that this subsection

(i-5) does not apply to any alien who has been lawfully

admitted to the United States under a non-immigrant visa

if that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States Government

or the Government's mission to an international

organization having its headquarters in the United

States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United States

on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to 18

U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

on or after January 1, 2012 (the effective date of Public

Act 97-158). If the applicant or person who has been

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the

right to have an offense described in this paragraph (l)

tried by a jury, and by guilty plea or otherwise, results

in a conviction for an offense in which a domestic

relationship is not a required element of the offense but

in which a determination of the applicability of 18 U.S.C.

922(g)(9) is made under Section 112A-11.1 of the Code of

Criminal Procedure of 1963, an entry by the court of a

judgment of conviction for that offense shall be grounds

for denying an application for and for revoking and

seizing a Firearm Owner's Identification Card previously

issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

(o) A minor subject to a petition filed under Section

5-520 of the Juvenile Court Act of 1987 alleging that the

minor is a delinquent minor for the commission of an

offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony;

(q) A person who is not a resident of the State of

Illinois, except as provided in subsection (a-10) of

Section 4;

(r) A person who has been adjudicated as a person with

a mental disability;

(s) A person who has been found to have a

developmental disability;

(t) A person involuntarily admitted into a mental

health facility; or

(u) A person who has had his or her Firearm Owner's

Identification Card revoked or denied under subsection (e)

of this Section or item (iv) of paragraph (2) of

subsection (a) of Section 4 of this Act because he or she

was a patient in a mental health facility as provided in

subsection (e) of this Section, shall not be permitted to

obtain a Firearm Owner's Identification Card, after the

5-year period has lapsed, unless he or she has received a

mental health evaluation by a physician, clinical

psychologist, or qualified examiner as those terms are

defined in the Mental Health and Developmental

Disabilities Code, and has received a certification that

he or she is not a clear and present danger to himself,

herself, or others. The physician, clinical psychologist,

or qualified examiner making the certification and his or

her employer shall not be held criminally, civilly, or

professionally liable for making or not making the

certification required under this subsection, except for

willful or wanton misconduct. This subsection does not

apply to a person whose firearm possession rights have

been restored through administrative or judicial action

under Section 10 or 11 of this Act.

Upon revocation of a person's Firearm Owner's

Identification Card, the Illinois Department of State Police

shall provide notice to the person and the person shall comply

with Section 9.5 of this Act.

(Source: P.A. 101-80, eff. 7-12-19.)

(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

Sec. 8.1. Notifications to the Illinois Department of

State Police.

(a) The Circuit Clerk shall, in the form and manner

required by the Supreme Court, notify the Illinois Department

of State Police of all final dispositions of cases for which

the Department has received information reported to it under

Sections 2.1 and 2.2 of the Criminal Identification Act.

(b) Upon adjudication of any individual as a person with a

mental disability as defined in Section 1.1 of this Act or a

finding that a person has been involuntarily admitted, the

court shall direct the circuit court clerk to immediately

notify the Illinois Department of State Police, Firearm

Owner's Identification (FOID) department, and shall forward a

copy of the court order to the Department.

(b-1) Beginning July 1, 2016, and each July 1 and December

30 of every year thereafter, the circuit court clerk shall, in

the form and manner prescribed by the Illinois Department of

State Police, notify the Illinois Department of State Police,

Firearm Owner's Identification (FOID) department if the court

has not directed the circuit court clerk to notify the

Illinois Department of State Police, Firearm Owner's

Identification (FOID) department under subsection (b) of this

Section, within the preceding 6 months, because no person has

been adjudicated as a person with a mental disability by the

court as defined in Section 1.1 of this Act or if no person has

been involuntarily admitted. The Supreme Court may adopt any

orders or rules necessary to identify the persons who shall be

reported to the Illinois Department of State Police under

subsection (b), or any other orders or rules necessary to

implement the requirements of this Act.

(c) The Department of Human Services shall, in the form

and manner prescribed by the Illinois Department of State

Police, report all information collected under subsection (b)

of Section 12 of the Mental Health and Developmental

Disabilities Confidentiality Act for the purpose of

determining whether a person who may be or may have been a

patient in a mental health facility is disqualified under

State or federal law from receiving or retaining a Firearm

Owner's Identification Card, or purchasing a weapon.

(d) If a person is determined to pose a clear and present

danger to himself, herself, or to others:

(1) by a physician, clinical psychologist, or

qualified examiner, or is determined to have a

developmental disability by a physician, clinical

psychologist, or qualified examiner, whether employed by

the State or privately, then the physician, clinical

psychologist, or qualified examiner shall, within 24 hours

of making the determination, notify the Department of

Human Services that the person poses a clear and present

danger or has a developmental disability; or

(2) by a law enforcement official or school

administrator, then the law enforcement official or school

administrator shall, within 24 hours of making the

determination, notify the Illinois Department of State

Police that the person poses a clear and present danger.

The Department of Human Services shall immediately update

its records and information relating to mental health and

developmental disabilities, and if appropriate, shall notify

the Illinois Department of State Police in a form and manner

prescribed by the Illinois Department of State Police. The

Illinois Department of State Police shall determine whether to

revoke the person's Firearm Owner's Identification Card under

Section 8 of this Act. Any information disclosed under this

subsection shall remain privileged and confidential, and shall

not be redisclosed, except as required under subsection (e) of

Section 3.1 of this Act, nor used for any other purpose. The

method of providing this information shall guarantee that the

information is not released beyond what is necessary for the

purpose of this Section and shall be provided by rule by the

Department of Human Services. The identity of the person

reporting under this Section shall not be disclosed to the

subject of the report. The physician, clinical psychologist,

qualified examiner, law enforcement official, or school

administrator making the determination and his or her employer

shall not be held criminally, civilly, or professionally

liable for making or not making the notification required

under this subsection, except for willful or wanton

misconduct.

(e) The Illinois Department of State Police shall adopt

rules to implement this Section.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;

99-143, eff. 7-27-15; 99-696, eff. 7-29-16.)

(430 ILCS 65/8.2)

Sec. 8.2. Firearm Owner's Identification Card denial or

revocation. The Illinois Department of State Police shall deny

an application or shall revoke and seize a Firearm Owner's

Identification Card previously issued under this Act if the

Department finds that the applicant or person to whom such

card was issued is or was at the time of issuance subject to an

existing order of protection or firearms restraining order.

(Source: P.A. 100-607, eff. 1-1-19.)

(430 ILCS 65/8.3)

Sec. 8.3. Suspension of Firearm Owner's Identification

Card. The Illinois Department of State Police may, by rule in a

manner consistent with the Department's rules concerning

revocation, provide for the suspension of the Firearm Owner's

Identification Card of a person whose Firearm Owner's

Identification Card is subject to revocation and seizure under

this Act for the duration of the disqualification if the

disqualification is not a permanent grounds for revocation of

a Firearm Owner's Identification Card under this Act.

(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)

(430 ILCS 65/9.5)

Sec. 9.5. Revocation of Firearm Owner's Identification

Card.

(a) A person who receives a revocation notice under

Section 9 of this Act shall, within 48 hours of receiving

notice of the revocation:

(1) surrender his or her Firearm Owner's

Identification Card to the local law enforcement agency

where the person resides. The local law enforcement agency

shall provide the person a receipt and transmit the

Firearm Owner's Identification Card to the Illinois

Department of State Police; and

(2) complete a Firearm Disposition Record on a form

prescribed by the Illinois Department of State Police and

place his or her firearms in the location or with the

person reported in the Firearm Disposition Record. The

form shall require the person to disclose:

(A) the make, model, and serial number of each

firearm owned by or under the custody and control of

the revoked person;

(B) the location where each firearm will be

maintained during the prohibited term; and

(C) if any firearm will be transferred to the

custody of another person, the name, address and

Firearm Owner's Identification Card number of the

transferee.

(b) The local law enforcement agency shall provide a copy

of the Firearm Disposition Record to the person whose Firearm

Owner's Identification Card has been revoked and to the

Illinois Department of State Police.

(c) If the person whose Firearm Owner's Identification

Card has been revoked fails to comply with the requirements of

this Section, the sheriff or law enforcement agency where the

person resides may petition the circuit court to issue a

warrant to search for and seize the Firearm Owner's

Identification Card and firearms in the possession or under

the custody or control of the person whose Firearm Owner's

Identification Card has been revoked.

(d) A violation of subsection (a) of this Section is a

Class A misdemeanor.

(e) The observation of a Firearm Owner's Identification

Card in the possession of a person whose Firearm Owner's

Identification Card has been revoked constitutes a sufficient

basis for the arrest of that person for violation of this

Section.

(f) Within 30 days after the effective date of this

amendatory Act of the 98th General Assembly, the Illinois

Department of State Police shall provide written notice of the

requirements of this Section to persons whose Firearm Owner's

Identification Cards have been revoked, suspended, or expired

and who have failed to surrender their cards to the

Department.

(g) A person whose Firearm Owner's Identification Card has

been revoked and who received notice under subsection (f)

shall comply with the requirements of this Section within 48

hours of receiving notice.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 65/10) (from Ch. 38, par. 83-10)

Sec. 10. Appeal to director; hearing; relief from firearm

prohibitions.

(a) Whenever an application for a Firearm Owner's

Identification Card is denied, whenever the Department fails

to act on an application within 30 days of its receipt, or

whenever such a Card is revoked or seized as provided for in

Section 8 of this Act, the aggrieved party may appeal to the

Director of the Illinois State Police for a hearing upon such

denial, revocation or seizure, unless the denial, revocation,

or seizure was based upon a forcible felony, stalking,

aggravated stalking, domestic battery, any violation of the

Illinois Controlled Substances Act, the Methamphetamine

Control and Community Protection Act, or the Cannabis Control

Act that is classified as a Class 2 or greater felony, any

felony violation of Article 24 of the Criminal Code of 1961 or

the Criminal Code of 2012, or any adjudication as a delinquent

minor for the commission of an offense that if committed by an

adult would be a felony, in which case the aggrieved party may

petition the circuit court in writing in the county of his or

her residence for a hearing upon such denial, revocation, or

seizure.

(b) At least 30 days before any hearing in the circuit

court, the petitioner shall serve the relevant State's

Attorney with a copy of the petition. The State's Attorney may

object to the petition and present evidence. At the hearing

the court shall determine whether substantial justice has been

done. Should the court determine that substantial justice has

not been done, the court shall issue an order directing the

Illinois Department of State Police to issue a Card. However,

the court shall not issue the order if the petitioner is

otherwise prohibited from obtaining, possessing, or using a

firearm under federal law.

(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or

acquiring a Firearm Owner's Identification Card under Section

8 of this Act may apply to the Director of the Illinois State

Police or petition the circuit court in the county where the

petitioner resides, whichever is applicable in accordance with

subsection (a) of this Section, requesting relief from such

prohibition and the Director or court may grant such relief if

it is established by the applicant to the court's or

Director's satisfaction that:

(0.05) when in the circuit court, the State's Attorney

has been served with a written copy of the petition at

least 30 days before any such hearing in the circuit court

and at the hearing the State's Attorney was afforded an

opportunity to present evidence and object to the

petition;

(1) the applicant has not been convicted of a forcible

felony under the laws of this State or any other

jurisdiction within 20 years of the applicant's

application for a Firearm Owner's Identification Card, or

at least 20 years have passed since the end of any period

of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction,

where applicable, the applicant's criminal history and his

reputation are such that the applicant will not be likely

to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the

public interest; and

(4) granting relief would not be contrary to federal

law.

(c-5) (1) An active law enforcement officer employed by a

unit of government, who is denied, revoked, or has his or her

Firearm Owner's Identification Card seized under subsection

(e) of Section 8 of this Act may apply to the Director of the

Illinois State Police requesting relief if the officer did not

act in a manner threatening to the officer, another person, or

the public as determined by the treating clinical psychologist

or physician, and as a result of his or her work is referred by

the employer for or voluntarily seeks mental health evaluation

or treatment by a licensed clinical psychologist,

psychiatrist, or qualified examiner, and:

(A) the officer has not received treatment

involuntarily at a mental health facility, regardless of

the length of admission; or has not been voluntarily

admitted to a mental health facility for more than 30 days

and not for more than one incident within the past 5 years;

and

(B) the officer has not left the mental institution

against medical advice.

(2) The Director of the Illinois State Police shall grant

expedited relief to active law enforcement officers described

in paragraph (1) of this subsection (c-5) upon a determination

by the Director that the officer's possession of a firearm

does not present a threat to themselves, others, or public

safety. The Director shall act on the request for relief

within 30 business days of receipt of:

(A) a notarized statement from the officer in the form

prescribed by the Director detailing the circumstances

that led to the hospitalization;

(B) all documentation regarding the admission,

evaluation, treatment and discharge from the treating

licensed clinical psychologist or psychiatrist of the

officer;

(C) a psychological fitness for duty evaluation of the

person completed after the time of discharge; and

(D) written confirmation in the form prescribed by the

Director from the treating licensed clinical psychologist

or psychiatrist that the provisions set forth in paragraph

(1) of this subsection (c-5) have been met, the person

successfully completed treatment, and their professional

opinion regarding the person's ability to possess

firearms.

(3) Officers eligible for the expedited relief in

paragraph (2) of this subsection (c-5) have the burden of

proof on eligibility and must provide all information

required. The Director may not consider granting expedited

relief until the proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and

"qualified examiner" shall have the same meaning as provided

in Chapter I of the Mental Health and Developmental

Disabilities Code.

(c-10) (1) An applicant, who is denied, revoked, or has

his or her Firearm Owner's Identification Card seized under

subsection (e) of Section 8 of this Act based upon a

determination of a developmental disability or an intellectual

disability may apply to the Director of the Illinois State

Police requesting relief.

(2) The Director shall act on the request for relief

within 60 business days of receipt of written certification,

in the form prescribed by the Director, from a physician or

clinical psychologist, or qualified examiner, that the

aggrieved party's developmental disability or intellectual

disability condition is determined by a physician, clinical

psychologist, or qualified to be mild. If a fact-finding

conference is scheduled to obtain additional information

concerning the circumstances of the denial or revocation, the

60 business days the Director has to act shall be tolled until

the completion of the fact-finding conference.

(3) The Director may grant relief if the aggrieved party's

developmental disability or intellectual disability is mild as

determined by a physician, clinical psychologist, or qualified

examiner and it is established by the applicant to the

Director's satisfaction that:

(A) granting relief would not be contrary to the

public interest; and

(B) granting relief would not be contrary to federal

law.

(4) The Director may not grant relief if the condition is

determined by a physician, clinical psychologist, or qualified

examiner to be moderate, severe, or profound.

(5) The changes made to this Section by this amendatory

Act of the 99th General Assembly apply to requests for relief

pending on or before the effective date of this amendatory

Act, except that the 60-day period for the Director to act on

requests pending before the effective date shall begin on the

effective date of this amendatory Act.

(d) When a minor is adjudicated delinquent for an offense

which if committed by an adult would be a felony, the court

shall notify the Illinois Department of State Police.

(e) The court shall review the denial of an application or

the revocation of a Firearm Owner's Identification Card of a

person who has been adjudicated delinquent for an offense that

if committed by an adult would be a felony if an application

for relief has been filed at least 10 years after the

adjudication of delinquency and the court determines that the

applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants

relief, the court shall notify the Illinois Department of

State Police that the disability has been removed and that the

applicant is eligible to obtain a Firearm Owner's

Identification Card.

(f) Any person who is subject to the disabilities of 18

U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act

of 1968 because of an adjudication or commitment that occurred

under the laws of this State or who was determined to be

subject to the provisions of subsections (e), (f), or (g) of

Section 8 of this Act may apply to the Illinois Department of

State Police requesting relief from that prohibition. The

Director shall grant the relief if it is established by a

preponderance of the evidence that the person will not be

likely to act in a manner dangerous to public safety and that

granting relief would not be contrary to the public interest.

In making this determination, the Director shall receive

evidence concerning (i) the circumstances regarding the

firearms disabilities from which relief is sought; (ii) the

petitioner's mental health and criminal history records, if

any; (iii) the petitioner's reputation, developed at a minimum

through character witness statements, testimony, or other

character evidence; and (iv) changes in the petitioner's

condition or circumstances since the disqualifying events

relevant to the relief sought. If relief is granted under this

subsection or by order of a court under this Section, the

Director shall as soon as practicable but in no case later than

15 business days, update, correct, modify, or remove the

person's record in any database that the Illinois Department

of State Police makes available to the National Instant

Criminal Background Check System and notify the United States

Attorney General that the basis for the record being made

available no longer applies. The Illinois Department of State

Police shall adopt rules for the administration of this

Section.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,

eff. 7-20-15.)

(430 ILCS 65/11) (from Ch. 38, par. 83-11)

Sec. 11. Judicial review of final administrative

decisions.

(a) All final administrative decisions of the Department

under this Act, except final administrative decisions of the

Director of the Illinois State Police to deny a person's

application for relief under subsection (f) of Section 10 of

this Act, shall be subject to judicial review under the

provisions of the Administrative Review Law, and all

amendments and modifications thereof, and the rules adopted

pursuant thereto. The term "administrative decision" is

defined as in Section 3-101 of the Code of Civil Procedure.

(b) Any final administrative decision by the Director of

the Illinois State Police to deny a person's application for

relief under subsection (f) of Section 10 of this Act is

subject to de novo judicial review by the circuit court, and

any party may offer evidence that is otherwise proper and

admissible without regard to whether that evidence is part of

the administrative record.

(c) The Director of the Illinois State Police shall submit

a report to the General Assembly on March 1 of each year,

beginning March 1, 1991, listing all final decisions by a

court of this State upholding, reversing, or reversing in part

any administrative decision made by the Illinois Department of

State Police.

(Source: P.A. 97-1131, eff. 1-1-13.)

(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

Sec. 13.1. Preemption.

(a) Except as otherwise provided in the Firearm Concealed

Carry Act and subsections (b) and (c) of this Section, the

provisions of any ordinance enacted by any municipality which

requires registration or imposes greater restrictions or

limitations on the acquisition, possession and transfer of

firearms than are imposed by this Act, are not invalidated or

affected by this Act.

(b) Notwithstanding subsection (a) of this Section, the

regulation, licensing, possession, and registration of

handguns and ammunition for a handgun, and the transportation

of any firearm and ammunition by a holder of a valid Firearm

Owner's Identification Card issued by the Illinois Department

of State Police under this Act are exclusive powers and

functions of this State. Any ordinance or regulation, or

portion of that ordinance or regulation, enacted on or before

the effective date of this amendatory Act of the 98th General

Assembly that purports to impose regulations or restrictions

on a holder of a valid Firearm Owner's Identification Card

issued by the Illinois Department of State Police under this

Act in a manner that is inconsistent with this Act, on the

effective date of this amendatory Act of the 98th General

Assembly, shall be invalid in its application to a holder of a

valid Firearm Owner's Identification Card issued by the

Illinois Department of State Police under this Act.

(c) Notwithstanding subsection (a) of this Section, the

regulation of the possession or ownership of assault weapons

are exclusive powers and functions of this State. Any

ordinance or regulation, or portion of that ordinance or

regulation, that purports to regulate the possession or

ownership of assault weapons in a manner that is inconsistent

with this Act, shall be invalid unless the ordinance or

regulation is enacted on, before, or within 10 days after the

effective date of this amendatory Act of the 98th General

Assembly. Any ordinance or regulation described in this

subsection (c) enacted more than 10 days after the effective

date of this amendatory Act of the 98th General Assembly is

invalid. An ordinance enacted on, before, or within 10 days

after the effective date of this amendatory Act of the 98th

General Assembly may be amended. The enactment or amendment of

ordinances under this subsection (c) are subject to the

submission requirements of Section 13.3. For the purposes of

this subsection, "assault weapons" means firearms designated

by either make or model or by a test or list of cosmetic

features that cumulatively would place the firearm into a

definition of "assault weapon" under the ordinance.

(d) For the purposes of this Section, "handgun" has the

meaning ascribed to it in Section 5 of the Firearm Concealed

Carry Act.

(e) This Section is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)

Sec. 13.2. Renewal; name or address change; replacement

card. The Illinois Department of State Police shall, 60 days

prior to the expiration of a Firearm Owner's Identification

Card, forward by first class mail to each person whose card is

to expire a notification of the expiration of the card and

instructions for renewal. It is the obligation of the holder

of a Firearm Owner's Identification Card to notify the

Illinois Department of State Police of any address change

since the issuance of the Firearm Owner's Identification Card.

Whenever any person moves from the residence address named on

his or her card, the person shall within 21 calendar days

thereafter notify in a form and manner prescribed by the

Department of his or her old and new residence addresses and

the card number held by him or her. Any person whose legal name

has changed from the name on the card that he or she has been

previously issued must apply for a corrected card within 30

calendar days after the change. The cost for a corrected card

shall be $5. The cost for replacement of a card which has been

lost, destroyed, or stolen shall be $5 if the loss,

destruction, or theft of the card is reported to the Illinois

Department of State Police. The fees collected under this

Section shall be deposited into the State Police Firearm

Services Fund.

(Source: P.A. 100-906, eff. 1-1-19.)

(430 ILCS 65/13.3)

Sec. 13.3. Municipal ordinance submission. Within 6 months

after the effective date of this amendatory Act of the 92nd

General Assembly, every municipality must submit to the

Illinois Department of State Police a copy of every ordinance

adopted by the municipality that regulates the acquisition,

possession, sale, or transfer of firearms within the

municipality and must submit, 30 days after adoption, every

such ordinance adopted after its initial submission of

ordinances under this Section. The Illinois Department of

State Police shall compile these ordinances and publish them

in a form available to the public free of charge and shall

periodically update this compilation of ordinances in a manner

prescribed by the Director of the Illinois State Police.

(Source: P.A. 92-238, eff. 8-3-01.)

(430 ILCS 65/15a) (from Ch. 38, par. 83-15a)

Sec. 15a. When this amendatory Act enacted by the

Seventy-Sixth General Assembly takes effect the records of the

Department of Public Safety relating to the administration of

the Act amended shall be transferred to the Illinois

Department of State Police. All Firearm Owner's Identification

Cards issued by the Department of Public Safety shall be valid

for the period for which they were issued unless revoked or

seized in the manner provided in the Act amended. The Illinois

Department of State Police as the successor to the Department

of Public Safety shall have the rights, powers and duties

provided in, and be subject to the provisions of Sections

5-95, 5-700, and 5-705 of the Departments of State Government

Law (20 ILCS 5/5-95, 5/5-700, and 5/5-705).

(Source: P.A. 91-239, eff. 1-1-00.)

(430 ILCS 65/15b)

Sec. 15b. Certified abstracts. Any certified abstract

issued by the Director of the Illinois State Police or

transmitted electronically by the Director of the Illinois

State Police under this Section to a court or on request of a

law enforcement agency for the record of a named person as to

the status of the person's Firearm Owner's Identification Card

is prima facie evidence of the facts stated in the certified

abstract and if the name appearing in the abstract is the same

as that of a person named in an information or warrant, the

abstract is prima facie evidence that the person named in the

information or warrant is the same person as the person named

in the abstract and is admissible for any prosecution under

this Act or any other applicable violation of law and may be

admitted as proof of any prior conviction or proof of records,

notices, or orders recorded on individual Firearm Owner's

Identification Card records maintained by the Illinois

Department of State Police.

(Source: P.A. 92-839, eff. 8-22-02.)

Section 870. The Firearm Concealed Carry Act is amended by

changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55,

65, 70, 75, 80, 87, 95, and 105 as follows:

(430 ILCS 66/5)

Sec. 5. Definitions. As used in this Act:

"Applicant" means a person who is applying for a license

to carry a concealed firearm under this Act.

"Board" means the Concealed Carry Licensing Review Board.

"Concealed firearm" means a loaded or unloaded handgun

carried on or about a person completely or mostly concealed

from view of the public or on or about a person within a

vehicle.

"Department" means the Department of State Police.

"Director" means the Director of the Illinois State

Police.

"Handgun" means any device which is designed to expel a

projectile or projectiles by the action of an explosion,

expansion of gas, or escape of gas that is designed to be held

and fired by the use of a single hand. "Handgun" does not

include:

(1) a stun gun or taser;

(2) a machine gun as defined in item (i) of paragraph

(7) of subsection (a) of Section 24-1 of the Criminal Code

of 2012;

(3) a short-barreled rifle or shotgun as defined in

item (ii) of paragraph (7) of subsection (a) of Section

24-1 of the Criminal Code of 2012; or

(4) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter, or which has a maximum

muzzle velocity of less than 700 feet per second, or which

expels breakable paint balls containing washable marking

colors.

"Law enforcement agency" means any federal, State, or

local law enforcement agency, including offices of State's

Attorneys and the Office of the Attorney General.

"License" means a license issued by the Illinois

Department of State Police to carry a concealed handgun.

"Licensee" means a person issued a license to carry a

concealed handgun.

"Municipality" has the meaning ascribed to it in Section 1

of Article VII of the Illinois Constitution.

"Unit of local government" has the meaning ascribed to it

in Section 1 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed

firearm.

(a) The Illinois State Police Department shall issue a

license to carry a concealed firearm under this Act to an

applicant who:

(1) meets the qualifications of Section 25 of this

Act;

(2) has provided the application and documentation

required in Section 30 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or

others, or a threat to public safety as determined by the

Concealed Carry Licensing Review Board in accordance with

Section 20.

(b) The Illinois State Police Department shall issue a

renewal, corrected, or duplicate license as provided in this

Act.

(c) A license shall be valid throughout the State for a

period of 5 years from the date of issuance. A license shall

permit the licensee to:

(1) carry a loaded or unloaded concealed firearm,

fully concealed or partially concealed, on or about his or

her person; and

(2) keep or carry a loaded or unloaded concealed

firearm on or about his or her person within a vehicle.

(d) The Illinois State Police Department shall make

applications for a license available no later than 180 days

after the effective date of this Act. The Illinois State

Police Department shall establish rules for the availability

and submission of applications in accordance with this Act.

(e) An application for a license submitted to the Illinois

State Police Department that contains all the information and

materials required by this Act, including the requisite fee,

shall be deemed completed. Except as otherwise provided in

this Act, no later than 90 days after receipt of a completed

application, the Illinois State Police Department shall issue

or deny the applicant a license.

(f) The Illinois State Police Department shall deny the

applicant a license if the applicant fails to meet the

requirements under this Act or the Illinois State Police

Department receives a determination from the Board that the

applicant is ineligible for a license. The Illinois State

Police Department must notify the applicant stating the

grounds for the denial. The notice of denial must inform the

applicant of his or her right to an appeal through

administrative and judicial review.

(g) A licensee shall possess a license at all times the

licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a

concealed firearm on his or her land or in his or her

abode, legal dwelling, or fixed place of business, or on

the land or in the legal dwelling of another person as an

invitee with that person's permission;

(2) when the person is authorized to carry a firearm

under Section 24-2 of the Criminal Code of 2012, except

subsection (a-5) of that Section; or

(3) when the handgun is broken down in a

non-functioning state, is not immediately accessible, or

is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an

investigative stop, including but not limited to a traffic

stop, of a licensee or a non-resident carrying a concealed

firearm under subsection (e) of Section 40 of this Act, upon

the request of the officer the licensee or non-resident shall

disclose to the officer that he or she is in possession of a

concealed firearm under this Act, or present the license upon

the request of the officer if he or she is a licensee or

present upon the request of the officer evidence under

paragraph (2) of subsection (e) of Section 40 of this Act that

he or she is a non-resident qualified to carry under that

subsection. The disclosure requirement under this subsection

(h) is satisfied if the licensee presents his or her license to

the officer or the non-resident presents to the officer

evidence under paragraph (2) of subsection (e) of Section 40

of this Act that he or she is qualified to carry under that

subsection. Upon the request of the officer, the licensee or

non-resident shall also identify the location of the concealed

firearm and permit the officer to safely secure the firearm

for the duration of the investigative stop. During a traffic

stop, any passenger within the vehicle who is a licensee or a

non-resident carrying under subsection (e) of Section 40 of

this Act must comply with the requirements of this subsection

(h).

(h-1) If a licensee carrying a firearm or a non-resident

carrying a firearm in a vehicle under subsection (e) of

Section 40 of this Act is contacted by a law enforcement

officer or emergency services personnel, the law enforcement

officer or emergency services personnel may secure the firearm

or direct that it be secured during the duration of the contact

if the law enforcement officer or emergency services personnel

determines that it is necessary for the safety of any person

present, including the law enforcement officer or emergency

services personnel. The licensee or nonresident shall submit

to the order to secure the firearm. When the law enforcement

officer or emergency services personnel have determined that

the licensee or non-resident is not a threat to the safety of

any person present, including the law enforcement officer or

emergency services personnel, and if the licensee or

non-resident is physically and mentally capable of possessing

the firearm, the law enforcement officer or emergency services

personnel shall return the firearm to the licensee or

non-resident before releasing him or her from the scene and

breaking contact. If the licensee or non-resident is

transported for treatment to another location, the firearm

shall be turned over to any peace officer. The peace officer

shall provide a receipt which includes the make, model,

caliber, and serial number of the firearm.

(i) The Illinois State Police Department shall maintain a

database of license applicants and licensees. The database

shall be available to all federal, State, and local law

enforcement agencies, State's Attorneys, the Attorney General,

and authorized court personnel. Within 180 days after the

effective date of this Act, the database shall be searchable

and provide all information included in the application,

including the applicant's previous addresses within the 10

years prior to the license application and any information

related to violations of this Act. No law enforcement agency,

State's Attorney, Attorney General, or member or staff of the

judiciary shall provide any information to a requester who is

not entitled to it by law.

(j) No later than 10 days after receipt of a completed

application, the Illinois State Police Department shall enter

the relevant information about the applicant into the database

under subsection (i) of this Section which is accessible by

law enforcement agencies.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,

eff. 7-10-15.)

(430 ILCS 66/15)

Sec. 15. Objections by law enforcement agencies.

(a) Any law enforcement agency may submit an objection to

a license applicant based upon a reasonable suspicion that the

applicant is a danger to himself or herself or others, or a

threat to public safety. The objection shall be made by the

chief law enforcement officer of the law enforcement agency,

or his or her designee, and must include any information

relevant to the objection. If a law enforcement agency submits

an objection within 30 days after the entry of an applicant

into the database, the Illinois State Police Department shall

submit the objection and all information available to the

Board under State and federal law related to the application

to the Board within 10 days of completing all necessary

background checks.

(b) If an applicant has 5 or more arrests for any reason,

that have been entered into the Criminal History Records

Information (CHRI) System, within the 7 years preceding the

date of application for a license, or has 3 or more arrests

within the 7 years preceding the date of application for a

license for any combination of gang-related offenses, the

Illinois State Police Department shall object and submit the

applicant's arrest record to the extent the Board is allowed

to receive that information under State and federal law, the

application materials, and any additional information

submitted by a law enforcement agency to the Board. For

purposes of this subsection, "gang-related offense" is an

offense described in Section 12-6.4, Section 24-1.8, Section

25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of

subsection (a) of Section 12-6.2, paragraph (2) of subsection

(b) of Section 16-30, paragraph (2) of subsection (b) of

Section 31-4, or item (iii) of paragraph (1.5) of subsection

(i) of Section 48-1 of the Criminal Code of 2012.

(c) The referral of an objection under this Section to the

Board shall toll the 90-day period for the Illinois State

Police Department to issue or deny the applicant a license

under subsection (e) of Section 10 of this Act, during the

period of review and until the Board issues its decision.

(d) If no objection is made by a law enforcement agency or

the Illinois State Police Department under this Section, the

Illinois State Police Department shall process the application

in accordance with this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/20)

Sec. 20. Concealed Carry Licensing Review Board.

(a) There is hereby created within the Illinois Department

of State Police a Concealed Carry Licensing Review Board to

consider any objection to an applicant's eligibility to obtain

a license under this Act submitted by a law enforcement agency

or the Illinois State Police Department under Section 15 of

this Act. The Board shall consist of 7 commissioners to be

appointed by the Governor, with the advice and consent of the

Senate, with 3 commissioners residing within the First

Judicial District and one commissioner residing within each of

the 4 remaining Judicial Districts. No more than 4

commissioners shall be members of the same political party.

The Governor shall designate one commissioner as the

Chairperson. The Board shall consist of:

(1) one commissioner with at least 5 years of service

as a federal judge;

(2) 2 commissioners with at least 5 years of

experience serving as an attorney with the United States

Department of Justice;

(3) 3 commissioners with at least 5 years of

experience as a federal agent or employee with

investigative experience or duties related to criminal

justice under the United States Department of Justice,

Drug Enforcement Administration, Department of Homeland

Security, or Federal Bureau of Investigation; and

(4) one member with at least 5 years of experience as a

licensed physician or clinical psychologist with expertise

in the diagnosis and treatment of mental illness.

(b) The initial terms of the commissioners shall end on

January 12, 2015. Thereafter, the commissioners shall hold

office for 4 years, with terms expiring on the second Monday in

January of the fourth year. Commissioners may be reappointed.

Vacancies in the office of commissioner shall be filled in the

same manner as the original appointment, for the remainder of

the unexpired term. The Governor may remove a commissioner for

incompetence, neglect of duty, malfeasance, or inability to

serve. Commissioners shall receive compensation in an amount

equal to the compensation of members of the Executive Ethics

Commission and may be reimbursed for reasonable expenses

actually incurred in the performance of their Board duties,

from funds appropriated for that purpose.

(c) The Board shall meet at the call of the chairperson as

often as necessary to consider objections to applications for

a license under this Act. If necessary to ensure the

participation of a commissioner, the Board shall allow a

commissioner to participate in a Board meeting by electronic

communication. Any commissioner participating electronically

shall be deemed present for purposes of establishing a quorum

and voting.

(d) The Board shall adopt rules for the review of

objections and the conduct of hearings. The Board shall

maintain a record of its decisions and all materials

considered in making its decisions. All Board decisions and

voting records shall be kept confidential and all materials

considered by the Board shall be exempt from inspection except

upon order of a court.

(e) In considering an objection of a law enforcement

agency or the Illinois State Police Department, the Board

shall review the materials received with the objection from

the law enforcement agency or the Illinois State Police

Department. By a vote of at least 4 commissioners, the Board

may request additional information from the law enforcement

agency, Illinois State Police Department, or the applicant, or

the testimony of the law enforcement agency, Illinois State

Police Department, or the applicant. The Board may require

that the applicant submit electronic fingerprints to the

Illinois State Police Department for an updated background

check where the Board determines it lacks sufficient

information to determine eligibility. The Board may only

consider information submitted by the Illinois State Police

Department, a law enforcement agency, or the applicant. The

Board shall review each objection and determine by a majority

of commissioners whether an applicant is eligible for a

license.

(f) The Board shall issue a decision within 30 days of

receipt of the objection from the Illinois State Police

Department. However, the Board need not issue a decision

within 30 days if:

(1) the Board requests information from the applicant,

including but not limited to electronic fingerprints to be

submitted to the Illinois State Police Department, in

accordance with subsection (e) of this Section, in which

case the Board shall make a decision within 30 days of

receipt of the required information from the applicant;

(2) the applicant agrees, in writing, to allow the

Board additional time to consider an objection; or

(3) the Board notifies the applicant and the Illinois

State Police Department that the Board needs an additional

30 days to issue a decision.

(g) If the Board determines by a preponderance of the

evidence that the applicant poses a danger to himself or

herself or others, or is a threat to public safety, then the

Board shall affirm the objection of the law enforcement agency

or the Illinois State Police Department and shall notify the

Illinois State Police Department that the applicant is

ineligible for a license. If the Board does not determine by a

preponderance of the evidence that the applicant poses a

danger to himself or herself or others, or is a threat to

public safety, then the Board shall notify the Illinois State

Police Department that the applicant is eligible for a

license.

(h) Meetings of the Board shall not be subject to the Open

Meetings Act and records of the Board shall not be subject to

the Freedom of Information Act.

(i) The Board shall report monthly to the Governor and the

General Assembly on the number of objections received and

provide details of the circumstances in which the Board has

determined to deny licensure based on law enforcement or

Illinois State Police Department objections under Section 15

of this Act. The report shall not contain any identifying

information about the applicants.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/25)

Sec. 25. Qualifications for a license.

The Illinois State Police Department shall issue a license

to an applicant completing an application in accordance with

Section 30 of this Act if the person:

(1) is at least 21 years of age;

(2) has a currently valid Firearm Owner's

Identification Card and at the time of application meets

the requirements for the issuance of a Firearm Owner's

Identification Card and is not prohibited under the

Firearm Owners Identification Card Act or federal law from

possessing or receiving a firearm;

(3) has not been convicted or found guilty in this

State or in any other state of:

(A) a misdemeanor involving the use or threat of

physical force or violence to any person within the 5

years preceding the date of the license application;

or

(B) 2 or more violations related to driving while

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof, within the 5 years preceding the date of the

license application;

(4) is not the subject of a pending arrest warrant,

prosecution, or proceeding for an offense or action that

could lead to disqualification to own or possess a

firearm;

(5) has not been in residential or court-ordered

treatment for alcoholism, alcohol detoxification, or drug

treatment within the 5 years immediately preceding the

date of the license application; and

(6) has completed firearms training and any education

component required under Section 75 of this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

(430 ILCS 66/30)

Sec. 30. Contents of license application.

(a) The license application shall be in writing, under

penalty of perjury, on a standard form adopted by the Illinois

State Police Department and shall be accompanied by the

documentation required in this Section and the applicable fee.

Each application form shall include the following statement

printed in bold type: "Warning: Entering false information on

this form is punishable as perjury under Section 32-2 of the

Criminal Code of 2012."

(b) The application shall contain the following:

(1) the applicant's name, current address, date and

year of birth, place of birth, height, weight, hair color,

eye color, maiden name or any other name the applicant has

used or identified with, and any address where the

applicant resided for more than 30 days within the 10

years preceding the date of the license application;

(2) the applicant's valid driver's license number or

valid state identification card number;

(3) a waiver of the applicant's privacy and

confidentiality rights and privileges under all federal

and state laws, including those limiting access to

juvenile court, criminal justice, psychological, or

psychiatric records or records relating to any

institutionalization of the applicant, and an affirmative

request that a person having custody of any of these

records provide it or information concerning it to the

Illinois State Police Department. The waiver only applies

to records sought in connection with determining whether

the applicant qualifies for a license to carry a concealed

firearm under this Act, or whether the applicant remains

in compliance with the Firearm Owners Identification Card

Act;

(4) an affirmation that the applicant possesses a

currently valid Firearm Owner's Identification Card and

card number if possessed or notice the applicant is

applying for a Firearm Owner's Identification Card in

conjunction with the license application;

(5) an affirmation that the applicant has not been

convicted or found guilty of:

(A) a felony;

(B) a misdemeanor involving the use or threat of

physical force or violence to any person within the 5

years preceding the date of the application; or

(C) 2 or more violations related to driving while

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any combination

thereof, within the 5 years preceding the date of the

license application; and

(6) whether the applicant has failed a drug test for a

drug for which the applicant did not have a prescription,

within the previous year, and if so, the provider of the

test, the specific substance involved, and the date of the

test;

(7) written consent for the Illinois State Police

Department to review and use the applicant's Illinois

digital driver's license or Illinois identification card

photograph and signature;

(8) a full set of fingerprints submitted to the

Illinois State Police Department in electronic format,

provided the Illinois State Police Department may accept

an application submitted without a set of fingerprints in

which case the Illinois State Police Department shall be

granted 30 days in addition to the 90 days provided under

subsection (e) of Section 10 of this Act to issue or deny a

license;

(9) a head and shoulder color photograph in a size

specified by the Illinois State Police Department taken

within the 30 days preceding the date of the license

application; and

(10) a photocopy of any certificates or other evidence

of compliance with the training requirements under this

Act.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

(430 ILCS 66/35)

Sec. 35. Investigation of the applicant.

The Illinois State Police Department shall conduct a

background check of the applicant to ensure compliance with

the requirements of this Act and all federal, State, and local

laws. The background check shall include a search of the

following:

(1) the National Instant Criminal Background Check

System of the Federal Bureau of Investigation;

(2) all available state and local criminal history

record information files, including records of juvenile

adjudications;

(3) all available federal, state, and local records

regarding wanted persons;

(4) all available federal, state, and local records of

domestic violence restraining and protective orders;

(5) the files of the Department of Human Services

relating to mental health and developmental disabilities;

and

(6) all other available records of a federal, state,

or local agency or other public entity in any jurisdiction

likely to contain information relevant to whether the

applicant is prohibited from purchasing, possessing, or

carrying a firearm under federal, state, or local law.

Fingerprints collected under Section 30 shall be checked

against the Illinois Department of State Police and Federal

Bureau of Investigation criminal history record databases now

and hereafter filed. The Illinois State Police Department

shall charge applicants a fee for conducting the criminal

history records check, which shall be deposited in the State

Police Services Fund and shall not exceed the actual cost of

the records check.

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

(430 ILCS 66/40)

Sec. 40. Non-resident license applications.

(a) For the purposes of this Section, "non-resident" means

a person who has not resided within this State for more than 30

days and resides in another state or territory.

(b) The Illinois State Police Department shall by rule

allow for non-resident license applications from any state or

territory of the United States with laws related to firearm

ownership, possession, and carrying, that are substantially

similar to the requirements to obtain a license under this

Act.

(c) A resident of a state or territory approved by the

Illinois State Police Department under subsection (b) of this

Section may apply for a non-resident license. The applicant

shall apply to the Illinois State Police Department and must

meet all of the qualifications established in Section 25 of

this Act, except for the Illinois residency requirement in

item (xiv) of paragraph (2) of subsection (a) of Section 4 of

the Firearm Owners Identification Card Act. The applicant

shall submit:

(1) the application and documentation required under

Section 30 of this Act and the applicable fee;

(2) a notarized document stating that the applicant:

(A) is eligible under federal law and the laws of

his or her state or territory of residence to own or

possess a firearm;

(B) if applicable, has a license or permit to

carry a firearm or concealed firearm issued by his or

her state or territory of residence and attach a copy

of the license or permit to the application;

(C) understands Illinois laws pertaining to the

possession and transport of firearms; and

(D) acknowledges that the applicant is subject to

the jurisdiction of the Illinois State Police

Department and Illinois courts for any violation of

this Act;

(3) a photocopy of any certificates or other evidence

of compliance with the training requirements under Section

75 of this Act; and

(4) a head and shoulder color photograph in a size

specified by the Illinois State Police Department taken

within the 30 days preceding the date of the application.

(d) In lieu of an Illinois driver's license or Illinois

identification card, a non-resident applicant shall provide

similar documentation from his or her state or territory of

residence. In lieu of a valid Firearm Owner's Identification

Card, the applicant shall submit documentation and information

required by the Illinois State Police Department to obtain a

Firearm Owner's Identification Card, including an affidavit

that the non-resident meets the mental health standards to

obtain a firearm under Illinois law, and the Illinois State

Police Department shall ensure that the applicant would meet

the eligibility criteria to obtain a Firearm Owner's

Identification card if he or she was a resident of this State.

(e) Nothing in this Act shall prohibit a non-resident from

transporting a concealed firearm within his or her vehicle in

Illinois, if the concealed firearm remains within his or her

vehicle and the non-resident:

(1) is not prohibited from owning or possessing a

firearm under federal law;

(2) is eligible to carry a firearm in public under the

laws of his or her state or territory of residence, as

evidenced by the possession of a concealed carry license

or permit issued by his or her state of residence, if

applicable; and

(3) is not in possession of a license under this Act.

If the non-resident leaves his or her vehicle unattended,

he or she shall store the firearm within a locked vehicle or

locked container within the vehicle in accordance with

subsection (b) of Section 65 of this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

eff. 7-20-15.)

(430 ILCS 66/45)

Sec. 45. Civil immunity; Board, employees, and agents. The

Board, Illinois State Police Department, local law enforcement

agency, or the employees and agents of the Board, Illinois

State Police Department, or local law enforcement agency

participating in the licensing process under this Act shall

not be held liable for damages in any civil action arising from

alleged wrongful or improper granting, denying, renewing,

revoking, suspending, or failing to grant, deny, renew,

revoke, or suspend a license under this Act, except for

willful or wanton misconduct.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/50)

Sec. 50. License renewal.

(a) This subsection (a) applies through the 180th day

following the effective date of this amendatory Act of the

101st General Assembly. Applications for renewal of a license

shall be made to the Illinois State Police Department. A

license shall be renewed for a period of 5 years upon receipt

of a completed renewal application, completion of 3 hours of

training required under Section 75 of this Act, payment of the

applicable renewal fee, and completion of an investigation

under Section 35 of this Act. The renewal application shall

contain the information required in Section 30 of this Act,

except that the applicant need not resubmit a full set of

fingerprints.

(b) This subsection (b) applies on and after the 181st day

following the effective date of this amendatory Act of the

101st General Assembly. Applications for renewal of a license

shall be made to the Illinois State Police Department. A

license shall be renewed for a period of 5 years from the date

of expiration on the applicant's current license upon the

receipt of a completed renewal application, completion of 3

hours of training required under Section 75 of this Act,

payment of the applicable renewal fee, and completion of an

investigation under Section 35 of this Act. The renewal

application shall contain the information required in Section

30 of this Act, except that the applicant need not resubmit a

full set of fingerprints.

(Source: P.A. 101-80, eff. 7-12-19.)

(430 ILCS 66/55)

Sec. 55. Change of address or name; lost, destroyed, or

stolen licenses.

(a) A licensee shall notify the Illinois State Police

Department within 30 days of moving or changing residence or

any change of name. The licensee shall submit the requisite

fee and the Illinois State Police Department may require a

notarized statement that the licensee has changed his or her

residence or his or her name, including the prior and current

address or name and the date the applicant moved or changed his

or her name.

(b) A licensee shall notify the Illinois State Police

Department within 10 days of discovering that a license has

been lost, destroyed, or stolen. A lost, destroyed, or stolen

license is invalid. To request a replacement license, the

licensee shall submit:

(1) a notarized statement that the licensee no longer

possesses the license, and that it was lost, destroyed, or

stolen;

(2) if applicable, a copy of a police report stating

that the license was stolen; and

(3) the requisite fee.

(c) A violation of this Section is a petty offense with a

fine of $150 which shall be deposited into the Mental Health

Reporting Fund.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

(430 ILCS 66/65)

Sec. 65. Prohibited areas.

(a) A licensee under this Act shall not knowingly carry a

firearm on or into:

(1) Any building, real property, and parking area

under the control of a public or private elementary or

secondary school.

(2) Any building, real property, and parking area

under the control of a pre-school or child care facility,

including any room or portion of a building under the

control of a pre-school or child care facility. Nothing in

this paragraph shall prevent the operator of a child care

facility in a family home from owning or possessing a

firearm in the home or license under this Act, if no child

under child care at the home is present in the home or the

firearm in the home is stored in a locked container when a

child under child care at the home is present in the home.

(3) Any building, parking area, or portion of a

building under the control of an officer of the executive

or legislative branch of government, provided that nothing

in this paragraph shall prohibit a licensee from carrying

a concealed firearm onto the real property, bikeway, or

trail in a park regulated by the Department of Natural

Resources or any other designated public hunting area or

building where firearm possession is permitted as

established by the Department of Natural Resources under

Section 1.8 of the Wildlife Code.

(4) Any building designated for matters before a

circuit court, appellate court, or the Supreme Court, or

any building or portion of a building under the control of

the Supreme Court.

(5) Any building or portion of a building under the

control of a unit of local government.

(6) Any building, real property, and parking area

under the control of an adult or juvenile detention or

correctional institution, prison, or jail.

(7) Any building, real property, and parking area

under the control of a public or private hospital or

hospital affiliate, mental health facility, or nursing

home.

(8) Any bus, train, or form of transportation paid for

in whole or in part with public funds, and any building,

real property, and parking area under the control of a

public transportation facility paid for in whole or in

part with public funds.

(9) Any building, real property, and parking area

under the control of an establishment that serves alcohol

on its premises, if more than 50% of the establishment's

gross receipts within the prior 3 months is from the sale

of alcohol. The owner of an establishment who knowingly

fails to prohibit concealed firearms on its premises as

provided in this paragraph or who knowingly makes a false

statement or record to avoid the prohibition on concealed

firearms under this paragraph is subject to the penalty

under subsection (c-5) of Section 10-1 of the Liquor

Control Act of 1934.

(10) Any public gathering or special event conducted

on property open to the public that requires the issuance

of a permit from the unit of local government, provided

this prohibition shall not apply to a licensee who must

walk through a public gathering in order to access his or

her residence, place of business, or vehicle.

(11) Any building or real property that has been

issued a Special Event Retailer's license as defined in

Section 1-3.17.1 of the Liquor Control Act during the time

designated for the sale of alcohol by the Special Event

Retailer's license, or a Special use permit license as

defined in subsection (q) of Section 5-1 of the Liquor

Control Act during the time designated for the sale of

alcohol by the Special use permit license.

(12) Any public playground.

(13) Any public park, athletic area, or athletic

facility under the control of a municipality or park

district, provided nothing in this Section shall prohibit

a licensee from carrying a concealed firearm while on a

trail or bikeway if only a portion of the trail or bikeway

includes a public park.

(14) Any real property under the control of the Cook

County Forest Preserve District.

(15) Any building, classroom, laboratory, medical

clinic, hospital, artistic venue, athletic venue,

entertainment venue, officially recognized

university-related organization property, whether owned or

leased, and any real property, including parking areas,

sidewalks, and common areas under the control of a public

or private community college, college, or university.

(16) Any building, real property, or parking area

under the control of a gaming facility licensed under the

Illinois Gambling Act or the Illinois Horse Racing Act of

1975, including an inter-track wagering location licensee.

(17) Any stadium, arena, or the real property or

parking area under the control of a stadium, arena, or any

collegiate or professional sporting event.

(18) Any building, real property, or parking area

under the control of a public library.

(19) Any building, real property, or parking area

under the control of an airport.

(20) Any building, real property, or parking area

under the control of an amusement park.

(21) Any building, real property, or parking area

under the control of a zoo or museum.

(22) Any street, driveway, parking area, property,

building, or facility, owned, leased, controlled, or used

by a nuclear energy, storage, weapons, or development site

or facility regulated by the federal Nuclear Regulatory

Commission. The licensee shall not under any circumstance

store a firearm or ammunition in his or her vehicle or in a

compartment or container within a vehicle located anywhere

in or on the street, driveway, parking area, property,

building, or facility described in this paragraph.

(23) Any area where firearms are prohibited under

federal law.

(a-5) Nothing in this Act shall prohibit a public or

private community college, college, or university from:

(1) prohibiting persons from carrying a firearm within

a vehicle owned, leased, or controlled by the college or

university;

(2) developing resolutions, regulations, or policies

regarding student, employee, or visitor misconduct and

discipline, including suspension and expulsion;

(3) developing resolutions, regulations, or policies

regarding the storage or maintenance of firearms, which

must include designated areas where persons can park

vehicles that carry firearms; and

(4) permitting the carrying or use of firearms for the

purpose of instruction and curriculum of officially

recognized programs, including but not limited to military

science and law enforcement training programs, or in any

designated area used for hunting purposes or target

shooting.

(a-10) The owner of private real property of any type may

prohibit the carrying of concealed firearms on the property

under his or her control. The owner must post a sign in

accordance with subsection (d) of this Section indicating that

firearms are prohibited on the property, unless the property

is a private residence.

(b) Notwithstanding subsections (a), (a-5), and (a-10) of

this Section except under paragraph (22) or (23) of subsection

(a), any licensee prohibited from carrying a concealed firearm

into the parking area of a prohibited location specified in

subsection (a), (a-5), or (a-10) of this Section shall be

permitted to carry a concealed firearm on or about his or her

person within a vehicle into the parking area and may store a

firearm or ammunition concealed in a case within a locked

vehicle or locked container out of plain view within the

vehicle in the parking area. A licensee may carry a concealed

firearm in the immediate area surrounding his or her vehicle

within a prohibited parking lot area only for the limited

purpose of storing or retrieving a firearm within the

vehicle's trunk. For purposes of this subsection, "case"

includes a glove compartment or console that completely

encloses the concealed firearm or ammunition, the trunk of the

vehicle, or a firearm carrying box, shipping box, or other

container.

(c) A licensee shall not be in violation of this Section

while he or she is traveling along a public right of way that

touches or crosses any of the premises under subsection (a),

(a-5), or (a-10) of this Section if the concealed firearm is

carried on his or her person in accordance with the provisions

of this Act or is being transported in a vehicle by the

licensee in accordance with all other applicable provisions of

law.

(d) Signs stating that the carrying of firearms is

prohibited shall be clearly and conspicuously posted at the

entrance of a building, premises, or real property specified

in this Section as a prohibited area, unless the building or

premises is a private residence. Signs shall be of a uniform

design as established by the Illinois State Police Department

and shall be 4 inches by 6 inches in size. The Illinois State

Police Department shall adopt rules for standardized signs to

be used under this subsection.

(Source: P.A. 101-31, eff. 6-28-19.)

(430 ILCS 66/70)

Sec. 70. Violations.

(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible

for a license under this Act or the licensee no longer meets

the eligibility requirements of the Firearm Owners

Identification Card Act.

(b) A license shall be suspended if an order of

protection, including an emergency order of protection,

plenary order of protection, or interim order of protection

under Article 112A of the Code of Criminal Procedure of 1963 or

under the Illinois Domestic Violence Act of 1986, or if a

firearms restraining order, including an emergency firearms

restraining order, under the Firearms Restraining Order Act,

is issued against a licensee for the duration of the order, or

if the Illinois State Police Department is made aware of a

similar order issued against the licensee in any other

jurisdiction. If an order of protection is issued against a

licensee, the licensee shall surrender the license, as

applicable, to the court at the time the order is entered or to

the law enforcement agency or entity serving process at the

time the licensee is served the order. The court, law

enforcement agency, or entity responsible for serving the

order of protection shall notify the Illinois State Police

Department within 7 days and transmit the license to the

Illinois State Police Department.

(c) A license is invalid upon expiration of the license,

unless the licensee has submitted an application to renew the

license, and the applicant is otherwise eligible to possess a

license under this Act.

(d) A licensee shall not carry a concealed firearm while

under the influence of alcohol, other drug or drugs,

intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be

guilty of a Class A misdemeanor for a first or second violation

and a Class 4 felony for a third violation. The Illinois State

Police Department may suspend a license for up to 6 months for

a second violation and shall permanently revoke a license for

a third violation.

(e) Except as otherwise provided, a licensee in violation

of this Act shall be guilty of a Class B misdemeanor. A second

or subsequent violation is a Class A misdemeanor. The Illinois

State Police Department may suspend a license for up to 6

months for a second violation and shall permanently revoke a

license for 3 or more violations of Section 65 of this Act. Any

person convicted of a violation under this Section shall pay a

$150 fee to be deposited into the Mental Health Reporting

Fund, plus any applicable court costs or fees.

(f) A licensee convicted or found guilty of a violation of

this Act who has a valid license and is otherwise eligible to

carry a concealed firearm shall only be subject to the

penalties under this Section and shall not be subject to the

penalties under Section 21-6, paragraph (4), (8), or (10) of

subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

of paragraph (3) of subsection (a) of Section 24-1.6 of the

Criminal Code of 2012. Except as otherwise provided in this

subsection, nothing in this subsection prohibits the licensee

from being subjected to penalties for violations other than

those specified in this Act.

(g) A licensee whose license is revoked, suspended, or

denied shall, within 48 hours of receiving notice of the

revocation, suspension, or denial, surrender his or her

concealed carry license to the local law enforcement agency

where the person resides. The local law enforcement agency

shall provide the licensee a receipt and transmit the

concealed carry license to the Illinois Department of State

Police. If the licensee whose concealed carry license has been

revoked, suspended, or denied fails to comply with the

requirements of this subsection, the law enforcement agency

where the person resides may petition the circuit court to

issue a warrant to search for and seize the concealed carry

license in the possession and under the custody or control of

the licensee whose concealed carry license has been revoked,

suspended, or denied. The observation of a concealed carry

license in the possession of a person whose license has been

revoked, suspended, or denied constitutes a sufficient basis

for the arrest of that person for violation of this

subsection. A violation of this subsection is a Class A

misdemeanor.

(h) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found ineligible for a

Firearm Owner's Identification Card, or the licensee no longer

possesses a valid Firearm Owner's Identification Card. A

licensee whose license is revoked under this subsection (h)

shall surrender his or her concealed carry license as provided

for in subsection (g) of this Section.

This subsection shall not apply to a person who has filed

an application with the Illinois State Police for renewal of a

Firearm Owner's Identification Card and who is not otherwise

ineligible to obtain a Firearm Owner's Identification Card.

(i) A certified firearms instructor who knowingly provides

or offers to provide a false certification that an applicant

has completed firearms training as required under this Act is

guilty of a Class A misdemeanor. A person guilty of a violation

of this subsection (i) is not eligible for court supervision.

The Illinois State Police Department shall permanently revoke

the firearms instructor certification of a person convicted

under this subsection (i).

(Source: P.A. 100-607, eff. 1-1-19.)

(430 ILCS 66/75)

Sec. 75. Applicant firearm training.

(a) Within 60 days of the effective date of this Act, the

Illinois State Police Department shall begin approval of

firearm training courses and shall make a list of approved

courses available on the Illinois State Police's Department's

website.

(b) An applicant for a new license shall provide proof of

completion of a firearms training course or combination of

courses approved by the Illinois State Police Department of at

least 16 hours, which includes range qualification time under

subsection (c) of this Section, that covers the following:

(1) firearm safety;

(2) the basic principles of marksmanship;

(3) care, cleaning, loading, and unloading of a

concealable firearm;

(4) all applicable State and federal laws relating to

the ownership, storage, carry, and transportation of a

firearm; and

(5) instruction on the appropriate and lawful

interaction with law enforcement while transporting or

carrying a concealed firearm.

(c) An applicant for a new license shall provide proof of

certification by a certified instructor that the applicant

passed a live fire exercise with a concealable firearm

consisting of:

(1) a minimum of 30 rounds; and

(2) 10 rounds from a distance of 5 yards; 10 rounds

from a distance of 7 yards; and 10 rounds from a distance

of 10 yards at a B-27 silhouette target approved by the

Illinois State Police Department.

(d) An applicant for renewal of a license shall provide

proof of completion of a firearms training course or

combination of courses approved by the Illinois State Police

Department of at least 3 hours.

(e) A certificate of completion for an applicant's firearm

training course shall not be issued to a student who:

(1) does not follow the orders of the certified

firearms instructor;

(2) in the judgment of the certified instructor,

handles a firearm in a manner that poses a danger to the

student or to others; or

(3) during the range firing portion of testing fails

to hit the target with 70% of the rounds fired.

(f) An instructor shall maintain a record of each

student's performance for at least 5 years, and shall make all

records available upon demand of authorized personnel of the

Illinois State Police Department.

(g) The Illinois State Police Department and certified

firearms instructors shall recognize up to 8 hours of training

already completed toward the 16 hour training requirement

under this Section if the training course is submitted to and

approved by the Illinois State Police Department. Any

remaining hours that the applicant completes must at least

cover the classroom subject matter of paragraph (4) of

subsection (b) of this Section, and the range qualification in

subsection (c) of this Section.

(h) A person who has qualified to carry a firearm as an

active law enforcement or corrections officer, who has

successfully completed firearms training as required by his or

her law enforcement agency and is authorized by his or her

agency to carry a firearm; a person currently certified as a

firearms instructor by this Act or by the Illinois Law

Enforcement Training Standards Board; or a person who has

completed the required training and has been issued a firearm

control card by the Department of Financial and Professional

Regulation shall be exempt from the requirements of this

Section.

(i) The Illinois State Police Department and certified

firearms instructors shall recognize 8 hours of training as

completed toward the 16 hour training requirement under this

Section, if the applicant is an active, retired, or honorably

discharged member of the United States Armed Forces. Any

remaining hours that the applicant completes must at least

cover the classroom subject matter of paragraph (4) of

subsection (b) of this Section, and the range qualification in

subsection (c) of this Section.

(j) The Illinois State Police Department and certified

firearms instructors shall recognize up to 8 hours of training

already completed toward the 16 hour training requirement

under this Section if the training course is approved by the

Illinois State Police Department and was completed in

connection with the applicant's previous employment as a law

enforcement or corrections officer. Any remaining hours that

the applicant completes must at least cover the classroom

subject matter of paragraph (4) of subsection (b) of this

Section, and the range qualification in subsection (c) of this

Section. A former law enforcement or corrections officer

seeking credit under this subsection (j) shall provide

evidence that he or she separated from employment in good

standing from each law enforcement agency where he or she was

employed. An applicant who was discharged from a law

enforcement agency for misconduct or disciplinary reasons is

not eligible for credit under this subsection (j).

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/80)

Sec. 80. Certified firearms instructors.

(a) Within 60 days of the effective date of this Act, the

Illinois State Police Department shall begin approval of

certified firearms instructors and enter certified firearms

instructors into an online registry on the Illinois State

Police's Department's website.

(b) A person who is not a certified firearms instructor

shall not teach applicant training courses or advertise or

otherwise represent courses they teach as qualifying their

students to meet the requirements to receive a license under

this Act. Each violation of this subsection is a business

offense with a fine of at least $1,000 per violation.

(c) A person seeking to become a certified firearms

instructor shall:

(1) be at least 21 years of age;

(2) be a legal resident of the United States; and

(3) meet the requirements of Section 25 of this Act,

except for the Illinois residency requirement in item

(xiv) of paragraph (2) of subsection (a) of Section 4 of

the Firearm Owners Identification Card Act; and any

additional uniformly applied requirements established by

the Illinois State Police Department.

(d) A person seeking to become a certified firearms

instructor, in addition to the requirements of subsection (c)

of this Section, shall:

(1) possess a high school diploma or high school

equivalency certificate; and

(2) have at least one of the following valid firearms

instructor certifications:

(A) certification from a law enforcement agency;

(B) certification from a firearm instructor course

offered by a State or federal governmental agency;

(C) certification from a firearm instructor

qualification course offered by the Illinois Law

Enforcement Training Standards Board; or

(D) certification from an entity approved by the

Illinois State Police Department that offers firearm

instructor education and training in the use and

safety of firearms.

(e) A person may have his or her firearms instructor

certification denied or revoked if he or she does not meet the

requirements to obtain a license under this Act, provides

false or misleading information to the Illinois State Police

Department, or has had a prior instructor certification

revoked or denied by the Illinois State Police Department.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;

98-718, eff. 1-1-15.)

(430 ILCS 66/87)

Sec. 87. Administrative and judicial review.

(a) Whenever an application for a concealed carry license

is denied, whenever the Illinois State Police Department fails

to act on an application within 90 days of its receipt, or

whenever a license is revoked or suspended as provided in this

Act, the aggrieved party may appeal to the Director for a

hearing upon the denial, revocation, suspension, or failure to

act on the application, unless the denial was made by the

Concealed Carry Licensing Review Board, in which case the

aggrieved party may petition the circuit court in writing in

the county of his or her residence for a hearing upon the

denial.

(b) All final administrative decisions of the Illinois

State Police Department or the Concealed Carry Licensing

Review Board under this Act shall be subject to judicial

review under the provisions of the Administrative Review Law.

The term "administrative decision" is defined as in Section

3-101 of the Code of Civil Procedure.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/95)

Sec. 95. Procurement; rulemaking.

(a) The Illinois Department of State Police, in

consultation with and subject to the approval of the Chief

Procurement Officer, may procure a single contract or multiple

contracts to implement the provisions of this Act. A contract

or contracts under this paragraph are not subject to the

provisions of the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

that Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50. This exemption shall be repealed one year

from the effective date of this Act.

(b) The Illinois State Police Department shall adopt rules

to implement the provisions of this Act. The Illinois State

Police Department may adopt rules necessary to implement the

provisions of this Act through the use of emergency rulemaking

in accordance with Section 5-45 of the Illinois Administrative

Procedure Act for a period not to exceed 180 days after the

effective date of this Act.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/105)

Sec. 105. Duty of school administrator. It is the duty of

the principal of a public elementary or secondary school, or

his or her designee, and the chief administrative officer of a

private elementary or secondary school or a public or private

community college, college, or university, or his or her

designee, to report to the Illinois Department of State Police

when a student is determined to pose a clear and present danger

to himself, herself, or to others, within 24 hours of the

determination as provided in Section 6-103.3 of the Mental

Health and Developmental Disabilities Code. "Clear and present

danger" has the meaning as provided in paragraph (2) of the

definition of "clear and present danger" in Section 1.1 of the

Firearm Owners Identification Card Act.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 875. The Firearms Restraining Order Act is amended

by changing Sections 35, 40, 50, 55, and 60 as follows:

(430 ILCS 67/35)

Sec. 35. Ex parte orders and emergency hearings.

(a) A petitioner may request an emergency firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the type and location of any firearm or

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

(b) If the respondent is alleged to pose an immediate and

present danger of causing personal injury to an intimate

partner, or an intimate partner is alleged to have been the

target of a threat or act of violence by the respondent, the

petitioner shall make a good faith effort to provide notice to

any and all intimate partners of the respondent. The notice

must include that the petitioner intends to petition the court

for an emergency firearms restraining order, and, if the

petitioner is a law enforcement officer, referral to relevant

domestic violence or stalking advocacy or counseling

resources, if appropriate. The petitioner shall attest to

having provided the notice in the filed affidavit or verified

pleading. If, after making a good faith effort, the petitioner

is unable to provide notice to any or all intimate partners,

the affidavit or verified pleading should describe what

efforts were made.

(c) Every person who files a petition for an emergency

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) An emergency firearms restraining order shall be

issued on an ex parte basis, that is, without notice to the

respondent.

(e) An emergency hearing held on an ex parte basis shall be

held the same day that the petition is filed or the next day

that the court is in session.

(f) If a circuit or associate judge finds probable cause

to believe that the respondent poses an immediate and present

danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,

purchasing, possessing, or receiving a firearm, the circuit or

associate judge shall issue an emergency order.

(f-5) If the court issues an emergency firearms

restraining order, it shall, upon a finding of probable cause

that the respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

(g) An emergency firearms restraining order shall require:

(1) the respondent to refrain from having in his or

her custody or control, purchasing, possessing, or

receiving additional firearms for the duration of the

order; and

(2) the respondent to turn over to the local law

enforcement agency any Firearm Owner's Identification Card

and concealed carry license in his or her possession. The

local law enforcement agency shall immediately mail the

card and concealed carry license to the Illinois

Department of State Police Firearm Services Bureau for

safekeeping. The firearm or firearms and Firearm Owner's

Identification Card and concealed carry license, if

unexpired, shall be returned to the respondent after the

firearms restraining order is terminated or expired.

(h) Except as otherwise provided in subsection (h-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card and

concealed carry license cannot be returned to the respondent

because the respondent cannot be located, fails to respond to

requests to retrieve the firearms, or is not lawfully eligible

to possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the firearms

for training purposes, or use the firearms for any other

application as deemed appropriate by the local law enforcement

agency.

(h-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that

he or she shall not transfer the firearm to the respondent or

to anyone residing in the same residence as the respondent.

(h-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner

agrees to store the firearm in a manner such that the

respondent does not have access to or control of the

firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(i) In accordance with subsection (e) of this Section, the

court shall schedule a full hearing as soon as possible, but no

longer than 14 days from the issuance of an ex parte firearms

restraining order, to determine if a 6-month firearms

restraining order shall be issued. The court may extend an ex

parte order as needed, but not to exceed 14 days, to effectuate

service of the order or if necessary to continue protection.

The court may extend the order for a greater length of time by

mutual agreement of the parties.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

(430 ILCS 67/40)

Sec. 40. Six-month orders.

(a) A petitioner may request a 6-month firearms

restraining order by filing an affidavit or verified pleading

alleging that the respondent poses a significant danger of

causing personal injury to himself, herself, or another in the

near future by having in his or her custody or control,

purchasing, possessing, or receiving a firearm. The petition

shall also describe the number, types, and locations of any

firearms presently believed by the petitioner to be possessed

or controlled by the respondent.

(b) If the respondent is alleged to pose a significant

danger of causing personal injury to an intimate partner, or

an intimate partner is alleged to have been the target of a

threat or act of violence by the respondent, the petitioner

shall make a good faith effort to provide notice to any and all

intimate partners of the respondent. The notice must include

that the petitioner intends to petition the court for a

6-month firearms restraining order, and, if the petitioner is

a law enforcement officer, referral to relevant domestic

violence or stalking advocacy or counseling resources, if

appropriate. The petitioner shall attest to having provided

the notice in the filed affidavit or verified pleading. If,

after making a good faith effort, the petitioner is unable to

provide notice to any or all intimate partners, the affidavit

or verified pleading should describe what efforts were made.

(c) Every person who files a petition for a 6-month

firearms restraining order, knowing the information provided

to the court at any hearing or in the affidavit or verified

pleading to be false, is guilty of perjury under Section 32-2

of the Criminal Code of 2012.

(d) Upon receipt of a petition for a 6-month firearms

restraining order, the court shall order a hearing within 30

days.

(e) In determining whether to issue a firearms restraining

order under this Section, the court shall consider evidence

including, but not limited to, the following:

(1) The unlawful and reckless use, display, or

brandishing of a firearm by the respondent.

(2) The history of use, attempted use, or threatened

use of physical force by the respondent against another

person.

(3) Any prior arrest of the respondent for a felony

offense.

(4) Evidence of the abuse of controlled substances or

alcohol by the respondent.

(5) A recent threat of violence or act of violence by

the respondent directed toward himself, herself, or

another.

(6) A violation of an emergency order of protection

issued under Section 217 of the Illinois Domestic Violence

Act of 1986 or Section 112A-17 of the Code of Criminal

Procedure of 1963 or of an order of protection issued

under Section 214 of the Illinois Domestic Violence Act of

1986 or Section 112A-14 of the Code of Criminal Procedure

of 1963.

(7) A pattern of violent acts or violent threats,

including, but not limited to, threats of violence or acts

of violence by the respondent directed toward himself,

herself, or another.

(f) At the hearing, the petitioner shall have the burden

of proving, by clear and convincing evidence, that the

respondent poses a significant danger of personal injury to

himself, herself, or another by having in his or her custody or

control, purchasing, possessing, or receiving a firearm.

(g) If the court finds that there is clear and convincing

evidence to issue a firearms restraining order, the court

shall issue a firearms restraining order that shall be in

effect for 6 months subject to renewal under Section 45 of this

Act or termination under that Section.

(g-5) If the court issues a 6-month firearms restraining

order, it shall, upon a finding of probable cause that the

respondent possesses firearms, issue a search warrant

directing a law enforcement agency to seize the respondent's

firearms. The court may, as part of that warrant, direct the

law enforcement agency to search the respondent's residence

and other places where the court finds there is probable cause

to believe he or she is likely to possess the firearms.

(h) A 6-month firearms restraining order shall require:

(1) the respondent to refrain from having in his or

her custody or control, purchasing, possessing, or

receiving additional firearms for the duration of the

order; and

(2) the respondent to turn over to the local law

enforcement agency any firearm or Firearm Owner's

Identification Card and concealed carry license in his or

her possession. The local law enforcement agency shall

immediately mail the card and concealed carry license to

the Illinois Department of State Police Firearm Services

Bureau for safekeeping. The firearm or firearms and

Firearm Owner's Identification Card and concealed carry

license, if unexpired, shall be returned to the respondent

after the firearms restraining order is terminated or

expired.

(i) Except as otherwise provided in subsection (i-5) of

this Section, upon expiration of the period of safekeeping, if

the firearms or Firearm Owner's Identification Card cannot be

returned to the respondent because the respondent cannot be

located, fails to respond to requests to retrieve the

firearms, or is not lawfully eligible to possess a firearm,

upon petition from the local law enforcement agency, the court

may order the local law enforcement agency to destroy the

firearms, use the firearms for training purposes, or use the

firearms for any other application as deemed appropriate by

the local law enforcement agency.

(i-5) A respondent whose Firearm Owner's Identification

Card has been revoked or suspended may petition the court, if

the petitioner is present in court or has notice of the

respondent's petition, to transfer the respondent's firearm to

a person who is lawfully able to possess the firearm if the

person does not reside at the same address as the respondent.

Notice of the petition shall be served upon the person

protected by the emergency firearms restraining order. While

the order is in effect, the transferee who receives the

respondent's firearms must swear or affirm by affidavit that

he or she shall not transfer the firearm to the respondent or

to anyone residing in the same residence as the respondent.

(i-6) If a person other than the respondent claims title

to any firearms surrendered under this Section, he or she may

petition the court, if the petitioner is present in court or

has notice of the petition, to have the firearm returned to him

or her. If the court determines that person to be the lawful

owner of the firearm, the firearm shall be returned to him or

her, provided that:

(1) the firearm is removed from the respondent's

custody, control, or possession and the lawful owner

agrees to store the firearm in a manner such that the

respondent does not have access to or control of the

firearm; and

(2) the firearm is not otherwise unlawfully possessed

by the owner.

The person petitioning for the return of his or her

firearm must swear or affirm by affidavit that he or she: (i)

is the lawful owner of the firearm; (ii) shall not transfer the

firearm to the respondent; and (iii) will store the firearm in

a manner that the respondent does not have access to or control

of the firearm.

(j) If the court does not issue a firearms restraining

order at the hearing, the court shall dissolve any emergency

firearms restraining order then in effect.

(k) When the court issues a firearms restraining order

under this Section, the court shall inform the respondent that

he or she is entitled to one hearing during the period of the

order to request a termination of the order, under Section 45

of this Act, and shall provide the respondent with a form to

request a hearing.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

(430 ILCS 67/50)

Sec. 50. Notice of orders.

(a) Entry and issuance. Upon issuance of any firearms

restraining order, the clerk shall immediately, or on the next

court day if an emergency firearms restraining order is issued

in accordance with Section 35 of this Act (emergency firearms

restraining order): (i) enter the order on the record and file

it in accordance with the circuit court procedures and (ii)

provide a file stamped copy of the order to the respondent, if

present, and to the petitioner.

(b) Filing with sheriff. The clerk of the issuing judge

shall, or the petitioner may, on the same day that a firearms

restraining order is issued, file a certified copy of that

order with the sheriff or other law enforcement officials

charged with maintaining Illinois Department of State Police

records or charged with serving the order upon the respondent.

If the order was issued in accordance with Section 35 of this

Act (emergency firearms restraining order), the clerk shall,

on the next court day, file a certified copy of the order with

the sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records.

(c) Service by sheriff. Unless the respondent was present

in court when the order was issued, the sheriff or other law

enforcement official shall promptly serve that order upon the

respondent and file proof of the service, in the manner

provided for service of process in civil proceedings. Instead

of serving the order upon the respondent, however, the

sheriff, other law enforcement official, or other persons

defined in Section 112A-22.10 of the Code of Criminal

Procedure of 1963 may serve the respondent with a short form

notification as provided in that Section. If process has not

yet been served upon the respondent, it shall be served with

the order or short form notification if the service is made by

the sheriff, or other law enforcement official.

(d) Any order renewing or terminating any firearms

restraining order shall be promptly recorded, issued, and

served as provided in this Section.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

(430 ILCS 67/55)

Sec. 55. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Illinois Department

of State Police, daily, in the form and detail the Department

requires, copies of any recorded firearms restraining orders

issued by the court, and any foreign orders of protection

filed by the clerk of the court, and transmitted to the sheriff

by the clerk of the court under Section 50. Each firearms

restraining order shall be entered in the Law Enforcement

Agencies Data System (LEADS) on the same day it is issued by

the court. If an emergency firearms restraining order was

issued in accordance with Section 35 of this Act, the order

shall be entered in the Law Enforcement Agencies Data System

(LEADS) as soon as possible after receipt from the clerk.

(b) The Illinois Department of State Police shall maintain

a complete and systematic record and index of all valid and

recorded firearms restraining orders issued or filed under

this Act. The data shall be used to inform all dispatchers and

law enforcement officers at the scene of a violation of a

firearms restraining order of the effective dates and terms of

any recorded order of protection.

(c) The data, records, and transmittals required under

this Section shall pertain to any valid emergency or 6-month

firearms restraining order, whether issued in a civil or

criminal proceeding or authorized under the laws of another

state, tribe, or United States territory.

(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

(430 ILCS 67/60)

Sec. 60. Filing of a firearms restraining order issued by

another state.

(a) A person who has sought a firearms restraining order

or similar order issued by the court of another state, tribe,

or United States territory may file a certified copy of the

firearms restraining order with the clerk of the court in a

judicial circuit in which the person believes that enforcement

may be necessary.

(b) The clerk shall:

(1) treat the foreign firearms restraining order in

the same manner as a judgment of the circuit court for any

county of this State in accordance with the provisions of

the Uniform Enforcement of Foreign Judgments Act, except

that the clerk shall not mail notice of the filing of the

foreign order to the respondent named in the order; and

(2) on the same day that a foreign firearms

restraining order is filed, file a certified copy of that

order with the sheriff or other law enforcement officials

charged with maintaining Illinois Department of State

Police records as set forth in Section 55 of this Act.

(c) Neither residence in this State nor filing of a

foreign firearms restraining order shall be required for

enforcement of the order by this State. Failure to file the

foreign order shall not be an impediment to its treatment in

all respects as an Illinois firearms restraining order.

(d) The clerk shall not charge a fee to file a foreign

order of protection under this Section.

(Source: P.A. 100-607, eff. 1-1-19.)

Section 880. The Firearm Dealer License Certification Act

is amended by changing Sections 5-5, 5-10, 5-15, 5-20, 5-30,

5-35, 5-40, 5-45, 5-50, 5-55, 5-60, 5-70, 5-75, 5-85, 5-95,

5-100, 5-105, 5-110, 5-115, and 5-120 as follows:

(430 ILCS 68/5-5)

Sec. 5-5. Definitions. In this Act:

"Certified licensee" means a licensee that has previously

certified its license with the Illinois State Police

Department under this Act.

"Department" means the Department of State Police.

"Director" means the Director of the Illinois State

Police.

"Entity" means any person, firm, corporation, group of

individuals, or other legal entity.

"Inventory" means firearms in the possession of an

individual or entity for the purpose of sale or transfer.

"License" means a Federal Firearms License authorizing a

person or entity to engage in the business of dealing

firearms.

"Licensee" means a person, firm, corporation, or other

entity who has been given, and is currently in possession of, a

valid Federal Firearms License.

"Retail location" means a store open to the public from

which a certified licensee engages in the business of selling,

transferring, or facilitating a sale or transfer of a firearm.

For purposes of this Act, the World Shooting and Recreational

Complex, a gun show, or a similar event at which a certified

licensee engages in business from time to time is not a retail

location.

(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;

revised 9-12-19.)

(430 ILCS 68/5-10)

Sec. 5-10. Copy of Federal Firearms License filed with the

Illinois State Police Department. Each licensee shall file

with the Illinois State Police Department a copy of its

license, together with a sworn affidavit indicating that the

license presented is in fact its license and that the license

is valid. The Illinois State Police Department may by rule

create a process for checking the validity of the license, in

lieu of requiring an affidavit. Upon receipt and review by the

Illinois State Police Department, the Illinois State Police

Department shall issue a certificate of license to the

licensee, allowing the licensee to conduct business within

this State. The Illinois State Police Department shall issue

an initial certificate of license within 30 days of receipt of

the copy of license and sworn affidavit. If the Illinois State

Police Department does not issue the certificate within 30

days, the licensee shall operate as if a certificate has been

granted unless and until a denial is issued by the Illinois

State Police Department.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-15)

Sec. 5-15. Certification requirement.

(a) Beginning 180 days after the effective date of this

Act, it is unlawful for a person or entity to engage in the

business of selling, leasing, or otherwise transferring

firearms without a valid certificate of license issued under

this Act. In the event that a person or entity maintains

multiple licenses to engage in different lines of business

requiring different licenses at one location, then the

licenses shall be deemed one license for purposes of

certification. In the event that a person or entity maintains

multiple licenses to engage in business at multiple locations,

under the same business name on the license or a different

business name on the license, then each license and location

must receive its own certification.

(b) It is unlawful for a person or entity without first

being a certified licensee under this Act to act as if he or

she is certified under this Act, to advertise, to assume to act

as a certified licensee or to use a title implying that the

person or entity is engaged in business as a certified

licensee without a license certified under this Act.

(c) It is unlawful to obtain or attempt to obtain any

certificate of license under this Act by material misstatement

or fraudulent misrepresentation. Notwithstanding the

provisions of Section 5-85, in addition to any penalty imposed

under this Section, any certificate of license obtained under

this Act due to material misstatement or fraudulent

misrepresentation shall automatically be revoked.

(d) A person who violates any provision of this Section is

guilty of a Class A misdemeanor for a first violation, and a

Class 4 felony for a second or subsequent violation.

(e) In addition to any other penalty provided by law, any

person or entity who violates any provision of this Section

shall pay a civil penalty to the Illinois State Police

Department in an amount not to exceed $10,000 for each

offense, as determined by the Illinois State Police

Department. The civil penalty shall be assessed by the

Illinois State Police Department after a hearing is held in

accordance with Sections 5-95 and 5-100.

(f) The Illinois State Police Department has the authority

and power to investigate any and all unlicensed activity

requiring a license certified under this Act.

(g) The civil penalty shall be paid within 90 days after

the effective date of the order imposing the civil penalty.

The order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(h) In the event the certification of a certified licensee

is revoked, it shall be a violation of this Act for the revoked

licensee to seek certification of a license held under a

different business name, or to re-open as a certified licensee

under another business name using the same license or as the

same person or entity doing business under a different

business name.

(i) The Illinois State Police Department shall require all

of the following information from each applicant for

certification under this Act:

(1) The name, full business address, and telephone

number of the entity. The business address for the entity

shall be the complete street address where firearms in the

inventory of the entity are regularly stored, shall be

located within the State, and may not be a Post Office Box.

(2) All trade, business, or assumed names used by the

certified licensee by and under which the certified

licensee sells, transfers, or facilitates transfers of

firearms.

(3) The type of ownership or operation, such as a

partnership, corporation, or sole proprietorship.

(4) The name of the owner or operator of the

dealership, including:

(A) if a person, then the name and address of

record of the person;

(B) if a partnership, then the name and address of

record of each partner and the name of the

partnership;

(C) if a corporation, then the name, address of

record, and title of each corporate officer and each

owner of more than 5% of the corporation, the

corporate names by and which the certified licensee

sells, transfers, or facilitates transfers of

firearms, and the name of the state of incorporation;

and

(D) if a sole proprietorship, then the full name

and address of record of the sole proprietor and the

name of the business entity.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-20)

Sec. 5-20. Additional licensee requirements.

(a) A certified licensee shall make a photo copy of a

buyer's or transferee's valid photo identification card

whenever a firearm sale transaction takes place. The photo

copy shall be attached to the documentation detailing the

record of sale.

(b) A certified licensee shall post in a conspicuous

position on the premises where the licensee conducts business

a sign that contains the following warning in block letters

not less than one inch in height:

"With few exceptions enumerated in the Firearm Owners

Identification Card Act, it is unlawful for you to:

(A) store or leave an unsecured firearm in a place

where a child can obtain access to it;

(B) sell or transfer your firearm to someone else

without receiving approval for the transfer from the

Illinois Department of State Police, or

(C) fail to report the loss or theft of your

firearm to local law enforcement within 72 hours.".

This sign shall be created by the Illinois State Police

Department and made available for printing or downloading from

the Illinois State Police's Department's website.

(c) No retail location established after the effective

date of this Act shall be located within 500 feet of any

school, pre-school, or day care facility in existence at its

location before the retail location is established as measured

from the nearest corner of the building holding the retail

location to the corner of the school, pre-school, or day care

facility building nearest the retail location at the time the

retail location seeks licensure.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-30)

Sec. 5-30. Training of certified licensees. Any certified

licensee and any employee of a certified licensee who sells or

transfers firearms shall receive at least 2 hours of training

annually regarding legal requirements and responsible business

practices as applicable to the sale or transfer or firearms.

The Illinois State Police Department may adopt rules regarding

continuing education for certified licensees related to legal

requirements and responsible business practices regarding the

sale or transfer of firearms.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-35)

Sec. 5-35. Inspection of licensees' places of business.

Licensees shall have their places of business open for

inspection by the Illinois State Police Department and law

enforcement during all hours of operation involving the

selling, leasing, or otherwise transferring of firearms,

provided that the Illinois State Police Department or law

enforcement may conduct no more than one unannounced

inspection per business per year without good cause. During an

inspection, licensees shall make all records, documents, and

firearms accessible for inspection upon the request of the

Illinois State Police Department or law enforcement agency.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-40)

Sec. 5-40. Qualifications for operation.

(a) Each certified licensee shall submit with each

application for certification or renewal an affidavit to the

Illinois State Police Department stating that each owner,

employee, or other agent of the certified licensee who sells

or conducts transfers of firearms for the certified licensee

is at least 21 years of age, has a currently valid Firearm

Owner's Identification Card and, for a renewal, has completed

the training required under Section 5-30. The affidavit must

also contain the name and Firearm Owner's Identification Card

number of each owner, employee, or other agent who sells or

conducts transfers of firearms for the certified licensee. If

an owner, employee, or other agent of the certified licensee

is not otherwise a resident of this State, the certified

licensee shall submit an affidavit stating that the owner,

employee, or other agent has undergone a background check and

is not prohibited from owning or possessing firearms.

(b) In addition to the affidavit required under subsection

(a), within 30 days of a new owner, employee, or other agent

beginning selling or conducting transfers of firearms for the

certified licensee, the certified licensee shall submit an

affidavit to the Illinois State Police Department stating the

date that the new owner, employee, or other agent began

selling or conducting transfers of firearms for the certified

licensee, and providing the information required in subsection

(a) for that new owner, employee, or other agent.

(c) If a certified licensee has a license, certificate, or

permit to sell, lease, transfer, purchase, or possess firearms

issued by the federal government or the government of any

state revoked or suspended for good cause within the preceding

4 years, the Illinois State Police Department may consider

revoking or suspending the certified licenses in this State.

In making a determination of whether or not to revoke or

suspend a certified license in this State, the Illinois State

Police Department shall consider the number of retail

locations the certified licensee or any related person or

entity operates in this State or in other states under the same

or different business names, and the severity of the

infraction in the state in which a license was revoked or

suspended.

(d) Applications and affidavits required under this

Section are not subject to disclosure by the Illinois State

Police Department under the Freedom of Information Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-45)

Sec. 5-45. Issuance of subpoenas. The Illinois State

Police Department may subpoena and bring before it any person

or entity to take oral or written testimony or may compel the

production of any books, papers, records, or any other

documents that the Illinois State Police Department deems

directly relevant or material to an investigation or hearing

conducted by the Illinois State Police Department in the

enforcement of this Act, with the same fees and in the same

manner prescribed in civil cases in the courts of this State.

The licensee may file an emergency motion with the Director or

a hearing officer authorized by the Illinois State Police

Department to quash a subpoena issued by the Illinois State

Police Department. If the Director or hearing officer

determines that the subpoena was issued without good cause,

the Director or hearing officer may quash the subpoena.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-50)

Sec. 5-50. Security system.

(a) On or before January 2, 2021, each certified licensee

operating a retail location in this State must maintain a

video security system and shall maintain video surveillance of

critical areas of the business premises, including, but not

limited to, all places where firearms in inventory are stored,

handled, sold, or transferred, and each entrance and exit. A

video surveillance system of the certified licensee's retail

location may not be installed in a bathroom and may not monitor

inside the bathrooms located in the retail location. If a

video security system is deemed inadequate by the Illinois

State Police Department, the licensee shall have 30 days to

correct the inadequacy. The Illinois State Police Department

shall submit to the licensee a written statement describing

the specific inadequacies.

(b) Each certified licensee operating a retail

establishment in this State must post a sign in a conspicuous

place at each entrance to the retail location that states in

block letters not less than one inch in height: "THESE

PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE

RECORDED.". This sign shall be created by the Illinois State

Police Department and available for printing or downloading

from the Illinois State Police's Department's website.

(c) On or before January 2, 2020, each certified licensee

maintaining an inventory of firearms for sale or transfer must

be connected to an alarm monitoring system or service that

will notify its local law enforcement agency of an

unauthorized intrusion into the premises of the licensee where

the firearm inventory is maintained.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-55)

Sec. 5-55. Safe storage by certified licensees. In

addition to adequate locks, exterior lighting, surveillance

cameras, alarm systems, and other anti-theft measures and

practices, a certified licensee maintaining a retail location

shall develop a plan that addresses the safe storage of

firearms and ammunition during retail hours and after closing.

The certified licensee shall submit its safe storage plan to

the Illinois State Police Department and the plan shall be

deemed approved unless it is rejected by the Illinois State

Police Department. The Illinois State Police Department may

reject the plan if it is inadequate, along with a written

statement describing the specific inadequacies. The certified

licensee shall submit a corrected plan to the Illinois State

Police Department within 60 days of notice of an inadequate

plan. In the event there are still problems with the corrected

plan, the Illinois State Police Department shall note the

specific inadequacies in writing and the certified licensee

shall have 60 days from each notice of an inadequate plan to

submit a corrected plan. The Illinois State Police Department

may reject the corrected plan if it is inadequate. A certified

licensee may operate at all times that a plan is on file with

the Illinois State Police Department, and during times

permitted by this Section to prepare and submit corrected

plans. That any certified licensee has operated without an

approved safe storage plan for more than 60 days shall be

grounds for revocation of a certificate of license. The

Illinois State Police Department shall adopt rules regarding

the adequacy of a safe storage plan. The rules shall take into

account the various types and sizes of the entities involved,

and shall comply with all relevant State and federal laws.

Safe storage plans required under this Section are not subject

to disclosure by the Illinois State Police Department under

the Freedom of Information Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-60)

Sec. 5-60. Statewide compliance standards. The Illinois

State Police Department shall develop and implement by rule

statewide training standards for assisting certified licensees

in recognizing indicators that would lead a reasonable dealer

to refuse sale of a firearm, including, but not limited to,

indicators of a straw purchase.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-70)

Sec. 5-70. Fees and fines deposited in the Firearm Dealer

License Certification Fund. The Illinois State Police

Department shall set and collect a fee for each licensee

certifying under this Act. The fee may not exceed $300 for a

certified licensee operating without a retail location. The

fee may not exceed $1,500 for any certified licensee operating

with a retail location. The Illinois State Police Department

may not charge a certified licensee in this State, operating

under the same or different business name, fees exceeding

$40,000 for the certification of multiple licenses. All fees

and fines collected under this Act shall be deposited in the

Firearm Dealer License Certification Fund which is created in

the State treasury. Moneys in the Fund shall be used for

implementation and administration of this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-75)

Sec. 5-75. Term of license. Each certification shall be

valid for the term of the license being certified. A licensee

shall certify each new or renewed license. However, the

Illinois State Police Department is not required to renew a

certification if a prior certification has been revoked or

suspended.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-85)

Sec. 5-85. Disciplinary sanctions.

(a) For violations of this Act not penalized under Section

5-15, the Illinois State Police Department may refuse to renew

or restore, or may reprimand, place on probation, suspend,

revoke, or take other disciplinary or non-disciplinary action

against any licensee, and may impose a fine commensurate with

the severity of the violation not to exceed $10,000 for each

violation for any of the following, consistent with the

Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901

through 7903:

(1) Violations of this Act, or any law applicable to

the sale or transfer of firearms.

(2) A pattern of practice or other behavior which

demonstrates incapacity or incompetency to practice under

this Act.

(3) Aiding or assisting another person in violating

any provision of this Act or rules adopted under this Act.

(4) Failing, within 60 days, to provide information in

response to a written request made by the Illinois State

Police Department.

(5) Conviction of, plea of guilty to, or plea of nolo

contendere to any crime that disqualifies the person from

obtaining a valid Firearm Owner's Identification Card.

(6) Continued practice, although the person has become

unfit to practice due to any of the following:

(A) Any circumstance that disqualifies the person

from obtaining a valid Firearm Owner's Identification

Card or concealed carry license.

(B) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or

any other substance that results in the inability to

practice with reasonable judgment, skill, or safety.

(7) Receiving, directly or indirectly, compensation

for any firearms sold or transferred illegally.

(8) Discipline by another United States jurisdiction,

foreign nation, or governmental agency, if at least one of

the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(9) Violation of any disciplinary order imposed on a

licensee by the Illinois State Police Department.

(10) A finding by the Illinois State Police Department

that the licensee, after having his or her certified

license placed on probationary status, has violated the

terms of probation.

(11) A fraudulent or material misstatement in the

completion of an affirmative obligation or inquiry by law

enforcement.

(b) All fines imposed under this Section shall be paid

within 90 days after the effective date of the final order

imposing the fine.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-95)

Sec. 5-95. Complaints; investigations; hearings.

(a) The Illinois State Police Department may investigate

the actions of any applicant or of any person or persons

holding or claiming to hold a license or registration under

this Act.

(b) The Illinois State Police Department shall, before

disciplining a licensee under Section 5-85 or refusing to

issue a certificate of license, at least 30 days before the

date set for the hearing, (i) notify the accused in writing of

the charges made and the time and place for the hearing on the

charges, (ii) direct him or her to file a written answer to the

charges under oath within 20 days after service, and (iii)

inform the licensee that failure to answer will result in a

default being entered against the licensee.

(c) At the time and place fixed in the notice, the Director

or the hearing officer appointed by the Director shall proceed

to hear the charges, and the parties or their counsel shall be

accorded ample opportunity to present any pertinent

statements, testimony, evidence, and arguments. The Director

or hearing officer may continue the hearing from time to time.

In case the person, after receiving the notice, fails to file

an answer, his, her, or its license may, in the discretion of

the Director, having first received the recommendation of the

Director, be suspended, revoked, or placed on probationary

status, or be subject to whatever disciplinary action the

Director considers proper, including limiting the scope,

nature, or extent of the person's business, or the imposition

of a fine, without hearing, if the act or acts charged

constitute sufficient grounds for that action under this Act.

(d) The written notice and any notice in the subsequent

proceeding may be served by certified mail to the licensee's

address of record.

(e) The Director has the authority to appoint any attorney

licensed to practice law in this State to serve as the hearing

officer in any action for refusal to issue, restore, or renew a

license, or to discipline a licensee. The hearing officer has

full authority to conduct the hearing.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-100)

Sec. 5-100. Hearing; rehearing.

(a) The Director or the hearing officer authorized by the

Illinois State Police Department shall hear evidence in

support of the formal charges and evidence produced by the

licensee. At the conclusion of the hearing, the Director shall

prepare a written report of his or her findings of fact,

conclusions of law, and recommendations. The report shall

contain a finding of whether the accused person violated this

Act or failed to comply with the conditions required in this

Act.

(b) At the conclusion of the hearing, a copy of the

Director's or hearing officer's report shall be served upon

the licensee by the Illinois State Police Department, either

personally or as provided in this Act, for the service of a

notice of hearing. Within 20 calendar days after service, the

licensee may present to the Illinois State Police Department a

motion in writing for a rehearing, which shall specify the

particular grounds for rehearing. The Illinois State Police

Department may respond to the motion for rehearing within 20

calendar days after its service on the Illinois State Police

Department. If no motion for rehearing is filed, then upon the

expiration of the time specified for filing such a motion, or

upon denial of a motion for rehearing, the Director may enter

an order in accordance with his or her recommendations or the

recommendations of the hearing officer. If the licensee orders

from the reporting service and pays for a transcript of the

record within the time for filing a motion for rehearing, the

20-day period within which a motion may be filed shall

commence upon the delivery of the transcript to the licensee.

(c) All proceedings under this Section are matters of

public record and shall be preserved.

(d) The licensee may continue to operate during the course

of an investigation or hearing, unless the Director finds that

the public interest, safety, or welfare requires an emergency

action.

(e) Upon the suspension or revocation of a certificate of

license, the licensee shall surrender the certificate to the

Illinois State Police Department and, upon failure to do so,

the Illinois State Police Department shall seize the same.

However, when the certification of a certified licensee is

suspended, the certified licensee shall not operate as a

certified licensee during the period in which the certificate

is suspended and, if operating during that period, shall be

operating in violation of subsection (a) of Section 5-15 of

this Act. A person who violates this Section is guilty of a

Class A misdemeanor for a first violation, and a Class 4 felony

for a second or subsequent violation. In addition to any other

penalty provided by law, any person or entity who violates

this Section shall pay a civil penalty to the Illinois State

Police Department in an amount not to exceed $2,500 for the

first violation, and a fine not to exceed $5,000 for a second

or subsequent violation.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-105)

Sec. 5-105. Restoration of certificate of license after

disciplinary proceedings. At any time after the successful

completion of a term of probation, suspension, or revocation

of a certificate of license, the Illinois State Police

Department may restore it to the licensee, unless, after an

investigation and a hearing, the Director determines that

restoration is not in the public interest. No person or entity

whose certificate of license, card, or authority has been

revoked as authorized in this Act may apply for restoration of

that certificate of license, card, or authority until such

time as provided for in the Civil Administrative Code of

Illinois.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-110)

Sec. 5-110. Administrative review. All final

administrative decisions of the Illinois State Police

Department are subject to judicial review under Article III of

the Code of Civil Procedure. The term "administrative

decision" is defined as in Section 3-101 of the Code of Civil

Procedure. The proceedings for judicial review shall be

commenced in the circuit court of the county in which the party

applying for review resides, but if the party is not a resident

of this State, the venue shall be in Sangamon County. The

Illinois State Police Department shall not be required to

certify any record to the court, or file any answer in court,

or otherwise appear in any court in a judicial review

proceeding, unless, and until, the Illinois State Police

Department has received from the plaintiff payment of the

costs of furnishing and certifying the record, which costs

shall be determined by the Illinois State Police Department.

Exhibits shall be certified without cost. Failure on the part

of the applicant or licensee to file a receipt in court is

grounds for dismissal of the action.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-115)

Sec. 5-115. Prima facie proof.

(a) An order or a certified copy thereof, over the seal of

the Illinois State Police Department and purporting to be

signed by the Director, is prima facie proof that the

signature is that of the Director, and the Director is

qualified to act.

(b) A certified copy of a record of the Illinois State

Police Department shall, without further proof, be admitted

into evidence in any legal proceeding, and shall be prima

facie correct and prima facie evidence of the information

contained therein.

(Source: P.A. 100-1178, eff. 1-18-19.)

(430 ILCS 68/5-120)

Sec. 5-120. Federal agencies and investigations. Nothing

in this Act shall be construed to interfere with any federal

agency or any federal agency investigation. All Illinois State

Police Department rules adopted under this Act shall comply

with federal law. The Illinois State Police Department may as

necessary coordinate efforts with relevant State and federal

law enforcement agencies to enforce this Act.

(Source: P.A. 100-1178, eff. 1-18-19.)

Section 895. The Humane Euthanasia in Animal Shelters Act

is amended by changing Sections 35 and 55 as follows:

(510 ILCS 72/35)

Sec. 35. Technician certification; duties.

(a) An applicant for certification as a euthanasia

technician shall file an application with the Department and

shall:

(1) Be 18 years of age.

(2) Be of good moral character. In determining moral

character under this Section, the Department may take into

consideration whether the applicant has engaged in conduct

or activities that would constitute grounds for discipline

under this Act.

(3) Each applicant for certification as a euthanasia

technician shall have his or her fingerprints submitted to

the Illinois Department of State Police in an electronic

format that complies with the form and manner for

requesting and furnishing criminal history record

information as prescribed by the Illinois Department of

State Police. These fingerprints shall be checked against

the Illinois Department of State Police and Federal Bureau

of Investigation criminal history record databases now and

hereafter filed. The Illinois Department of State Police

shall charge applicants a fee for conducting the criminal

history records check, which shall be deposited in the

State Police Services Fund and shall not exceed the actual

cost of the records check. The Illinois Department of

State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the

Department.

(4) Hold a license or certification from the American

Humane Association, the National Animal Control

Association, the Illinois Federation of Humane Societies,

or the Humane Society of the United States issued within 3

years preceding the date of application. Every 5 years a

certified euthanasia technician must renew his or her

certification with the Department. At the time of renewal,

the technician must present proof that he or she attended

a class or seminar, administered by the American Humane

Association, the National Animal Control Association, the

Illinois Federation of Humane Societies, or the Humane

Society of the United States, that teaches techniques or

guidelines, or both, for humane animal euthanasia.

(5) Pay the required fee.

(b) The duties of a euthanasia technician shall include

but are not limited to:

(1) preparing animals for euthanasia and scanning each

animal, prior to euthanasia, for microchips;

(2) accurately recording the dosages administered and

the amount of drugs wasted;

(3) ordering supplies;

(4) maintaining the security of all controlled

substances and drugs;

(5) humanely euthanizing animals via intravenous

injection by hypodermic needle, intraperitoneal injection

by hypodermic needle, or intracardiac injection only on

comatose animals by hypodermic needle; and

(6) properly disposing of euthanized animals after

verification of death.

(c) A euthanasia technician employed by a euthanasia

agency may perform euthanasia by the administration of a

Schedule II or Schedule III nonnarcotic controlled substance.

A euthanasia technician may not personally possess, order, or

administer a controlled substance except as an agent of the

euthanasia agency.

(d) Upon termination from a euthanasia agency, a

euthanasia technician shall not perform animal euthanasia

until he or she is employed by another certified euthanasia

agency.

(e) A certified euthanasia technician or an instructor in

an approved course does not engage in the practice of

veterinary medicine when performing duties set forth in this

Act.

(Source: P.A. 96-780, eff. 8-28-09.)

(510 ILCS 72/55)

Sec. 55. Endorsement. An applicant, who is a euthanasia

technician registered or licensed under the laws of another

state or territory of the United States that has requirements

that are substantially similar to the requirements of this

Act, may be granted certification as a euthanasia technician

in this State without examination, upon presenting

satisfactory proof to the Department that the applicant has

been engaged in the practice of euthanasia for a period of not

less than one year and upon payment of the required fee. In

addition, an applicant shall have his or her fingerprints

submitted to the Illinois Department of State Police for

purposes of a criminal history records check pursuant to

clause (a)(3) of Section 35.

(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)

Section 900. The Wildlife Code is amended by changing

Section 3.5 as follows:

(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)

Sec. 3.5. Penalties; probation.

(a) Any person who violates any of the provisions of

Section 2.36a, including administrative rules, shall be guilty

of a Class 3 felony, except as otherwise provided in

subsection (b) of this Section and subsection (a) of Section

2.36a.

(b) Whenever any person who has not previously been

convicted of, or placed on probation or court supervision for,

any offense under Section 1.22, 2.36, or 2.36a or subsection

(i) or (cc) of Section 2.33, the court may, without entering a

judgment and with the person's consent, sentence the person to

probation for a violation of Section 2.36a.

(1) When a person is placed on probation, the court

shall enter an order specifying a period of probation of

24 months and shall defer further proceedings in the case

until the conclusion of the period or until the filing of a

petition alleging violation of a term or condition of

probation.

(2) The conditions of probation shall be that the

person:

(A) Not violate any criminal statute of any

jurisdiction.

(B) Perform no less than 30 hours of community

service, provided community service is available in

the jurisdiction and is funded and approved by the

county board.

(3) The court may, in addition to other conditions:

(A) Require that the person make a report to and

appear in person before or participate with the court

or courts, person, or social service agency as

directed by the court in the order of probation.

(B) Require that the person pay a fine and costs.

(C) Require that the person refrain from

possessing a firearm or other dangerous weapon.

(D) Prohibit the person from associating with any

person who is actively engaged in any of the

activities regulated by the permits issued or

privileges granted by the Department of Natural

Resources.

(4) Upon violation of a term or condition of

probation, the court may enter a judgment on its original

finding of guilt and proceed as otherwise provided.

(5) Upon fulfillment of the terms and conditions of

probation, the court shall discharge the person and

dismiss the proceedings against the person.

(6) A disposition of probation is considered to be a

conviction for the purposes of imposing the conditions of

probation, for appeal, and for administrative revocation

and suspension of licenses and privileges; however,

discharge and dismissal under this Section is not a

conviction for purposes of disqualification or

disabilities imposed by law upon conviction of a crime.

(7) Discharge and dismissal under this Section may

occur only once with respect to any person.

(8) If a person is convicted of an offense under this

Act within 5 years subsequent to a discharge and dismissal

under this Section, the discharge and dismissal under this

Section shall be admissible in the sentencing proceeding

for that conviction as a factor in aggravation.

(9) The Circuit Clerk shall notify the Illinois

Department of State Police of all persons convicted of or

placed under probation for violations of Section 2.36a.

(c) Any person who violates any of the provisions of

Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,

2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),

and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,

3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),

(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection

(f)), including administrative rules, shall be guilty of a

Class B misdemeanor.

A person who violates Section 2.33b by using any computer

software or service to remotely control a weapon that takes

wildlife by remote operation is guilty of a Class B

misdemeanor. A person who violates Section 2.33b by

facilitating a violation of Section 2.33b, including an owner

of land in which remote control hunting occurs, a computer

programmer who designs a program or software to facilitate

remote control hunting, or a person who provides weapons or

equipment to facilitate remote control hunting, is guilty of a

Class A misdemeanor.

Any person who violates any of the provisions of Sections

1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative

rules, shall be guilty of a Class A misdemeanor. Any second or

subsequent violations of Sections 2.4 and 2.36 shall be a

Class 4 felony.

Any person who violates any of the provisions of this Act,

including administrative rules, during such period when his

license, privileges, or permit is revoked or denied by virtue

of Section 3.36, shall be guilty of a Class A misdemeanor.

Any person who violates subsection (g), (i), (o), (p),

(y), or (cc) of Section 2.33 shall be guilty of a Class A

misdemeanor and subject to a fine of no less than $500 and no

more than $5,000 in addition to other statutory penalties. In

addition, the Department shall suspend the privileges, under

this Act, of any person found guilty of violating Section

2.33(cc) for a period of not less than one year.

Any person who violates any other of the provisions of

this Act including administrative rules, unless otherwise

stated, shall be guilty of a petty offense. Offenses committed

by minors under the direct control or with the consent of a

parent or guardian may subject the parent or guardian to the

penalties prescribed in this Section.

In addition to any fines imposed pursuant to the

provisions of this Section or as otherwise provided in this

Act, any person found guilty of unlawfully taking or

possessing any species protected by this Act, shall be

assessed a civil penalty for such species in accordance with

the values prescribed in Section 2.36a of this Act. This civil

penalty shall be imposed by the Circuit Court for the county

within which the offense was committed at the time of the

conviction. All penalties provided for in this Section shall

be remitted to the Department in accordance with the same

provisions provided for in Section 1.18 of this Act.

(Source: P.A. 97-431, eff. 8-16-11.)

Section 910. The Public Private Agreements for the Illiana

Expressway Act is amended by changing Section 115 as follows:

(605 ILCS 130/115)

Sec. 115. Additional powers of the Department with respect

to the Illiana Expressway.

(a) The Department may exercise any powers provided under

this Act in participation or cooperation with any governmental

entity and enter into any contracts to facilitate that

participation or cooperation. The Department shall cooperate

with other governmental entities under this Act.

(b) The Department may make and enter into all contracts

and agreements necessary or incidental to the performance of

the Department's duties and the execution of the Department's

powers under this Act. Except as otherwise required by law,

these contracts or agreements are not subject to any approvals

other than the approval of the Department, Governor, or

federal agencies.

(c) The Department may pay the costs incurred under the

public private agreement entered into under this Act from any

funds available to the Department for the purpose of the

Illiana Expressway under this Act or any other statute.

(d) The Department or other State agency may not take any

action that would impair the public private agreement entered

into under this Act, except as provided by law.

(e) The Department may enter into an agreement between and

among the contractor, the Department, and the Illinois

Department of State Police concerning the provision of law

enforcement assistance with respect to the Illiana Expressway

under this Act.

(f) The Department is authorized to enter into

arrangements with the Illinois State Police related to costs

incurred in providing law enforcement assistance under this

Act.

(Source: P.A. 96-913, eff. 6-9-10.)

Section 915. The Railroad Police Act is amended by

changing Section 2 as follows:

(610 ILCS 80/2) (from Ch. 114, par. 98)

Sec. 2. Conductors of all railroad trains, and the captain

or master of any boat carrying passengers within the

jurisdiction of this State, are vested with police powers

while on duty on their respective trains and boats, and may

wear an appropriate badge indicative of this authority.

In the policing of its properties any registered rail

carrier, as defined in Section 18c-7201 of the Illinois

Vehicle Code, may provide for the appointment and maintenance

of a police force to aid and supplement the police forces of

any municipality in the protection of its property and the

protection of the persons and property of its passengers and

employees, or in furtherance of the purposes for which the

railroad was organized. While engaged in the conduct of their

employment, the members of the railroad police force have and

may exercise the same police powers conferred upon any peace

officer employed by a law enforcement agency of this State,

including the authority to issue administrative citations in

accordance with the provisions of county or municipal

ordinances.

Any registered rail carrier that appoints and maintains a

police force shall comply with the following requirements:

(1) Establish an internal policy that includes

procedures to ensure objective oversight in addressing

allegations of abuse of authority or other misconduct on

the part of its police officers.

(2) Adopt appropriate policies and guidelines for

employee investigations by police officers. These policies

and guidelines shall provide for initiating employee

investigations only under the following conditions:

(A) There is reason to believe criminal misconduct

has occurred.

(B) In response to an employee accident.

(C) There is reason to believe that the interview

of an employee could result in workplace violence.

(D) There is a legitimate concern for the personal

safety of one or more employees.

These policies and guidelines shall provide for the

right of an employee to request a representative to be

present during any interview concerning a non-criminal

matter.

(3) File copies of the policies and guidelines adopted

under paragraphs (1) and (2) with the Illinois Law

Enforcement Training Standards Board, which shall make

them available for public inspection. The Board shall

review the policies and guidelines, and approve them if

they comply with the Act.

(4) Appeal of a rail carrier's decision. A person

adversely affected or aggrieved by a decision of a rail

carrier's internal investigation under this Act may appeal

the decision to the Illinois State Police. The appeal

shall be filed no later than 90 days after the issuance of

the decision. The Illinois State Police shall review the

depth, completeness, and objectivity of the rail carrier's

investigation, and may conduct its own investigation of

the complaint. The Illinois State Police may uphold,

overturn, or modify the rail carrier's decision by filing

a report of its findings and recommendations with the

Illinois Commerce Commission. Consistent with authority

under Chapter 18C of the Illinois Vehicle Code and the

Commission rules of practice, the Commission shall have

the power to conduct evidentiary hearings, make findings,

and issue and enforce orders, including sanctions under

Section 18c-1704 of the Illinois Vehicle Code.

Rulemaking authority to implement this amendatory Act of

the 95th General Assembly, if any, is conditioned on the rules

being adopted in accordance with all provisions of the

Illinois Administrative Procedure Act and all rules and

procedures of the Joint Committee on Administrative Rules; any

purported rule not so adopted, for whatever reason, is

unauthorized.

(Source: P.A. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)

Section 920. The Military Emergency Aircraft Restriction

Act is amended by changing Section 5 as follows:

(620 ILCS 10/5) (from Ch. 15 1/2, par. 183)

Sec. 5. Notice of the existence of a state of military

emergency and of currently prevailing air traffic control

requirements issued to the Department and to civil and

military aviation facilities of this State over the Federal

Interstate Airways Communications System and the State

emergency fan-out system components of the Civil Air Defense

Warning Net is sufficient to authorize the Department to

control non-scheduled civil aircraft movement as provided in

this Act.

The Department may utilize, to the extent of capacity, the

radio network system of the Illinois State Police, county

sheriffs' offices and municipal police departments in order to

assure a reliable and adequate State fan-out communications

system required for rapid dissemination of notices to airmen

and civil aviation authorities respecting such aircraft

movement control as may be required on the part of the

Department and airport operators and managers during the

existence of a state of military emergency.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 930. The Public-Private Agreements for the South

Suburban Airport Act is amended by changing Section 2-135 as

follows:

(620 ILCS 75/2-135)

Sec. 2-135. Additional powers of the Department with

respect to the South Suburban Airport.

(a) The Department may exercise any powers provided under

this Act in participation or cooperation with any governmental

entity and enter into any contracts to facilitate that

participation or cooperation. The Department shall cooperate

with other governmental entities under this Act.

(b) The Department may make and enter into all contracts

and agreements necessary or incidental to the performance of

the Department's duties and the execution of the Department's

powers under this Act. Except as otherwise required by law,

these contracts or agreements are not subject to any approvals

other than the approval of the Department, Governor, or

federal agencies and may contain any terms that are considered

reasonable by the Department and not in conflict with any

provisions of this Act or other statutes, rules, or laws.

(c) The Department may pay the costs incurred under the

public-private agreement entered into under this Act from any

funds available to the Department for the purpose of the South

Suburban Airport under this Act or any other statute.

(d) The Department and other State agencies shall not take

any action that would impair the public-private agreement

entered into under this Act, except as provided by law.

(e) The Department may enter into an agreement between and

among the contractor, the Department, and the Illinois

Department of State Police concerning the provision of law

enforcement assistance with respect to the South Suburban

Airport under this Act.

(f) The Department is authorized to enter into

arrangements with the Illinois State Police related to costs

incurred in providing law enforcement assistance under this

Act.

(Source: P.A. 98-109, eff. 7-25-13.)

Section 935. The Illinois Vehicle Code is amended by

changing Sections 1-129, 2-116, 2-119, 3-117.1, 3-405, 3-416,

4-107, 4-109, 4-202, 4-203.5, 4-205, 4-206, 4-209, 4-302,

5-102, 5-105, 5-401.2, 5-402.1, 6-106.1, 6-106.1a, 6-107.5,

6-112, 6-402, 6-411, 6-508, 8-115, 11-212, 11-416, 11-501.01,

11-501.2, 11-501.4-1, 11-501.5, 11-501.6, 11-501.8, 11-501.10,

11-605.1, 11-907.1, 12-612, 13-109.1, 15-102, 15-112, 15-201,

15-202, 15-203, 15-305, 16-102, 16-105, 18a-200, 18b-112,

18c-1702, and 18c-4601 as follows:

(625 ILCS 5/1-129) (from Ch. 95 1/2, par. 1-129)

Sec. 1-129. Identification Number. The numbers and

letters, if any, on a vehicle or essential part, affixed by its

manufacturer, the Illinois Secretary of State or the Illinois

Department of State Police for the purpose of identifying the

vehicle or essential part, or which is required to be affixed

to the vehicle or part by federal or state law.

(Source: P.A. 84-1302; 84-1304.)

(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)

Sec. 2-116. Secretary of State Department of Police.

(a) The Secretary of State and the officers, inspectors,

and investigators appointed by him shall cooperate with the

Illinois State Police and the sheriffs and police in enforcing

the laws regulating the operation of vehicles and the use of

the highways.

(b) The Secretary of State may provide training and

education for members of his office in traffic regulation, the

promotion of traffic safety and the enforcement of laws vested

in the Secretary of State for administration and enforcement

regulating the operation of vehicles and the use of the

highways.

(c) The Secretary of State may provide distinctive

uniforms and badges for officers, inspectors and investigators

employed in the administration of laws relating to the

operation of vehicles and the use of the highways and vesting

the administration and enforcement of such laws in the

Secretary of State.

(c-5) The Director of the Secretary of State Department of

Police shall establish a program to allow a Secretary of State

Police officer, inspector, or investigator who is honorably

retiring in good standing to purchase either one or both of the

following: (1) any Secretary of State Department of Police

badge previously issued to that officer, inspector, or

investigator; or (2) if the officer, inspector, or

investigator has a currently valid Firearm Owner's

Identification Card, the service firearm issued or previously

issued to the officer, inspector, or investigator by the

Secretary of State Department of Police. The cost of the

firearm shall be the replacement value of the firearm and not

the firearm's fair market value.

(d) The Secretary of State Department of Police is

authorized to:

(1) investigate the origins, activities, persons, and

incidents of crime and the ways and means, if any, to

redress the victims of crimes, and study the impact, if

any, of legislation relative to the criminal laws of this

State related thereto and conduct any other investigations

as may be provided by law;

(2) employ skilled experts, technicians,

investigators, special agents, or otherwise specially

qualified persons to aid in preventing or detecting crime,

apprehending criminals, or preparing and presenting

evidence of violations of the criminal laws of the State;

(3) cooperate with the police of cities, villages, and

incorporated towns, and with the police officers of any

county, in enforcing the laws of the State and in making

arrests;

(4) provide, as may be required by law, assistance to

local law enforcement agencies through training,

management, and consultant services for local law

enforcement agencies, pertaining to law enforcement

activities;

(5) exercise the rights, powers, and duties which have

been vested in it by the Secretary of State Act and this

Code; and

(6) enforce and administer any other laws in relation

to law enforcement as may be vested in the Secretary of

State Department of Police.

Persons within the Secretary of State Department of Police

who exercise these powers are conservators of the peace and

have all the powers possessed by policemen in municipalities

and sheriffs, and may exercise these powers anywhere in the

State in cooperation with local law enforcement officials.

These persons may use false or fictitious names in the

performance of their duties under this Section, upon approval

of the Director of Police-Secretary of State, and shall not be

subject to prosecution under the criminal laws for that use.

(e) The Secretary of State Department of Police may

charge, collect, and receive fees or moneys equivalent to the

cost of providing its personnel, equipment, and services to

governmental agencies when explicitly requested by a

governmental agency and according to an intergovernmental

agreement or memorandums of understanding as provided by this

Section, including but not limited to fees or moneys

equivalent to the cost of providing training to other

governmental agencies on terms and conditions that in the

judgment of the Director of Police-Secretary of State are in

the best interest of the Secretary of State. All fees received

by the Secretary of State Police Department under this Act

shall be deposited in a special fund in the State Treasury to

be known as the Secretary of State Police Services Fund. The

money deposited in the Secretary of State Police Services Fund

shall be appropriated to the Secretary of State Department of

Police as provided for in subsection (g).

(f) The Secretary of State Department of Police may apply

for grants or contracts and receive, expend, allocate, or

disburse moneys made available by public or private entities,

including, but not limited to, contracts, bequests, grants, or

receiving equipment from corporations, foundations, or public

or private institutions of higher learning.

(g) The Secretary of State Police Services Fund is hereby

created as a special fund in the State Treasury. All moneys

received under this Section by the Secretary of State

Department of Police shall be deposited into the Secretary of

State Police Services Fund to be appropriated to the Secretary

of State Department of Police for purposes as indicated by the

grantor or contractor or, in the case of moneys bequeathed or

granted for no specific purpose, for any purpose as deemed

appropriate by the Director of Police-Secretary of State in

administering the responsibilities of the Secretary of State

Department of Police.

(Source: P.A. 100-931, eff. 8-17-18.)

(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)

Sec. 2-119. Disposition of fees and taxes.

(a) All moneys received from Salvage Certificates shall be

deposited in the Common School Fund in the State Treasury.

(b) Of the money collected for each certificate of title,

duplicate certificate of title, and corrected certificate of

title:

(1) $2.60 shall be deposited in the Park and

Conservation Fund;

(2) $0.65 shall be deposited in the Illinois Fisheries

Management Fund;

(3) $48 shall be disbursed under subsection (g) of

this Section;

(4) $4 shall be deposited into the Motor Vehicle

License Plate Fund; and

(5) $30 shall be deposited into the Capital Projects

Fund.

All remaining moneys collected for certificates of title,

and all moneys collected for filing of security interests,

shall be deposited in the General Revenue Fund.

The $20 collected for each delinquent vehicle registration

renewal fee shall be deposited into the General Revenue Fund.

The moneys deposited in the Park and Conservation Fund

under this Section shall be used for the acquisition and

development of bike paths as provided for in Section 805-420

of the Department of Natural Resources (Conservation) Law of

the Civil Administrative Code of Illinois. The moneys

deposited into the Park and Conservation Fund under this

subsection shall not be subject to administrative charges or

chargebacks, unless otherwise authorized by this Code.

If the balance in the Motor Vehicle License Plate Fund

exceeds $40,000,000 on the last day of a calendar month, then

during the next calendar month, the $4 that otherwise would be

deposited in that fund shall instead be deposited into the

Road Fund.

(c) All moneys collected for that portion of a driver's

license fee designated for driver education under Section

6-118 shall be placed in the Drivers Education Fund in the

State Treasury.

(d) Of the moneys collected as a registration fee for each

motorcycle, motor driven cycle, and moped, 27% shall be

deposited in the Cycle Rider Safety Training Fund.

(e) (Blank).

(f) Of the total money collected for a commercial

learner's permit (CLP) or original or renewal issuance of a

commercial driver's license (CDL) pursuant to the Uniform

Commercial Driver's License Act (UCDLA): (i) $6 of the total

fee for an original or renewal CDL, and $6 of the total CLP fee

when such permit is issued to any person holding a valid

Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License

Information System/American Association of Motor Vehicle

Administrators network/National Motor Vehicle Title

Information Service Trust Fund) and shall be used for the

purposes provided in Section 6z-23 of the State Finance Act

and (ii) $20 of the total fee for an original or renewal CDL or

CLP shall be paid into the Motor Carrier Safety Inspection

Fund, which is hereby created as a special fund in the State

Treasury, to be used by the Illinois Department of State

Police, subject to appropriation, to hire additional officers

to conduct motor carrier safety inspections pursuant to

Chapter 18b of this Code.

(g) Of the moneys received by the Secretary of State as

registration fees or taxes, certificates of title, duplicate

certificates of title, corrected certificates of title, or as

payment of any other fee under this Code, when those moneys are

not otherwise distributed by this Code, 37% shall be deposited

into the State Construction Account Fund, and 63% shall be

deposited in the Road Fund. Moneys in the Road Fund shall be

used for the purposes provided in Section 8.3 of the State

Finance Act.

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) There is created in the State Treasury a special fund

to be known as the Secretary of State Special License Plate

Fund. Money deposited into the Fund shall, subject to

appropriation, be used by the Office of the Secretary of State

(i) to help defray plate manufacturing and plate processing

costs for the issuance and, when applicable, renewal of any

new or existing registration plates authorized under this Code

and (ii) for grants made by the Secretary of State to benefit

Illinois Veterans Home libraries.

(l) The Motor Vehicle Review Board Fund is created as a

special fund in the State Treasury. Moneys deposited into the

Fund under paragraph (7) of subsection (b) of Section 5-101

and Section 5-109 shall, subject to appropriation, be used by

the Office of the Secretary of State to administer the Motor

Vehicle Review Board, including without limitation payment of

compensation and all necessary expenses incurred in

administering the Motor Vehicle Review Board under the Motor

Vehicle Franchise Act.

(m) Effective July 1, 1996, there is created in the State

Treasury a special fund to be known as the Family

Responsibility Fund. Moneys deposited into the Fund shall,

subject to appropriation, be used by the Office of the

Secretary of State for the purpose of enforcing the Family

Financial Responsibility Law.

(n) The Illinois Fire Fighters' Memorial Fund is created

as a special fund in the State Treasury. Moneys deposited into

the Fund shall, subject to appropriation, be used by the

Office of the State Fire Marshal for construction of the

Illinois Fire Fighters' Memorial to be located at the State

Capitol grounds in Springfield, Illinois. Upon the completion

of the Memorial, moneys in the Fund shall be used in accordance

with Section 3-634.

(o) Of the money collected for each certificate of title

for all-terrain vehicles and off-highway motorcycles, $17

shall be deposited into the Off-Highway Vehicle Trails Fund.

(p) For audits conducted on or after July 1, 2003 pursuant

to Section 2-124(d) of this Code, 50% of the money collected as

audit fees shall be deposited into the General Revenue Fund.

(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and

Section 10 of P.A. 99-414 for the effective date of changes

made by P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff.

7-16-14; 99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)

(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)

Sec. 3-117.1. When junking certificates or salvage

certificates must be obtained.

(a) Except as provided in Chapter 4 and Section 3-117.3 of

this Code, a person who possesses a junk vehicle shall within

15 days cause the certificate of title, salvage certificate,

certificate of purchase, or a similarly acceptable

out-of-state document of ownership to be surrendered to the

Secretary of State along with an application for a junking

certificate, except as provided in Section 3-117.2, whereupon

the Secretary of State shall issue to such a person a junking

certificate, which shall authorize the holder thereof to

possess, transport, or, by an endorsement, transfer ownership

in such junked vehicle, and a certificate of title shall not

again be issued for such vehicle. The owner of a junk vehicle

is not required to surrender the certificate of title under

this subsection if (i) there is no lienholder on the

certificate of title or (ii) the owner of the junk vehicle has

a valid lien release from the lienholder releasing all

interest in the vehicle and the owner applying for the junk

certificate matches the current record on the certificate of

title file for the vehicle.

A licensee who possesses a junk vehicle and a Certificate

of Title, Salvage Certificate, Certificate of Purchase, or a

similarly acceptable out-of-state document of ownership for

such junk vehicle, may transport the junk vehicle to another

licensee prior to applying for or obtaining a junking

certificate, by executing a uniform invoice. The licensee

transferor shall furnish a copy of the uniform invoice to the

licensee transferee at the time of transfer. In any case, the

licensee transferor shall apply for a junking certificate in

conformance with Section 3-117.1 of this Chapter. The

following information shall be contained on a uniform invoice:

(1) The business name, address and dealer license

number of the person disposing of the vehicle, junk

vehicle or vehicle cowl;

(2) The name and address of the person acquiring the

vehicle, junk vehicle or vehicle cowl, and if that person

is a dealer, the Illinois or out-of-state dealer license

number of that dealer;

(3) The date of the disposition of the vehicle, junk

vehicle or vehicle cowl;

(4) The year, make, model, color and description of

each vehicle, junk vehicle or vehicle cowl disposed of by

such person;

(5) The manufacturer's vehicle identification number,

Secretary of State identification number or Illinois

Department of State Police number, for each vehicle, junk

vehicle or vehicle cowl part disposed of by such person;

(6) The printed name and legible signature of the

person or agent disposing of the vehicle, junk vehicle or

vehicle cowl; and

(7) The printed name and legible signature of the

person accepting delivery of the vehicle, junk vehicle or

vehicle cowl.

The Secretary of State may certify a junking manifest in a

form prescribed by the Secretary of State that reflects those

vehicles for which junking certificates have been applied or

issued. A junking manifest may be issued to any person and it

shall constitute evidence of ownership for the vehicle listed

upon it. A junking manifest may be transferred only to a person

licensed under Section 5-301 of this Code as a scrap

processor. A junking manifest will allow the transportation of

those vehicles to a scrap processor prior to receiving the

junk certificate from the Secretary of State.

(b) An application for a salvage certificate shall be

submitted to the Secretary of State in any of the following

situations:

(1) When an insurance company makes a payment of

damages on a total loss claim for a vehicle, the insurance

company shall be deemed to be the owner of such vehicle and

the vehicle shall be considered to be salvage except that

ownership of (i) a vehicle that has incurred only hail

damage that does not affect the operational safety of the

vehicle or (ii) any vehicle 9 model years of age or older

may, by agreement between the registered owner and the

insurance company, be retained by the registered owner of

such vehicle. The insurance company shall promptly deliver

or mail within 20 days the certificate of title along with

proper application and fee to the Secretary of State, and

a salvage certificate shall be issued in the name of the

insurance company. Notwithstanding the foregoing, an

insurer making payment of damages on a total loss claim

for the theft of a vehicle shall not be required to apply

for a salvage certificate unless the vehicle is recovered

and has incurred damage that initially would have caused

the vehicle to be declared a total loss by the insurer.

(1.1) When a vehicle of a self-insured company is to

be sold in the State of Illinois and has sustained damaged

by collision, fire, theft, rust corrosion, or other means

so that the self-insured company determines the vehicle to

be a total loss, or if the cost of repairing the damage,

including labor, would be greater than 70% of its fair

market value without that damage, the vehicle shall be

considered salvage. The self-insured company shall

promptly deliver the certificate of title along with

proper application and fee to the Secretary of State, and

a salvage certificate shall be issued in the name of the

self-insured company. A self-insured company making

payment of damages on a total loss claim for the theft of a

vehicle may exchange the salvage certificate for a

certificate of title if the vehicle is recovered without

damage. In such a situation, the self-insured shall fill

out and sign a form prescribed by the Secretary of State

which contains an affirmation under penalty of perjury

that the vehicle was recovered without damage and the

Secretary of State may, by rule, require photographs to be

submitted.

(2) When a vehicle the ownership of which has been

transferred to any person through a certificate of

purchase from acquisition of the vehicle at an auction,

other dispositions as set forth in Sections 4-208 and

4-209 of this Code, or a lien arising under Section

18a-501 of this Code shall be deemed salvage or junk at the

option of the purchaser. The person acquiring such vehicle

in such manner shall promptly deliver or mail, within 20

days after the acquisition of the vehicle, the certificate

of purchase, the proper application and fee, and, if the

vehicle is an abandoned mobile home under the Abandoned

Mobile Home Act, a certification from a local law

enforcement agency that the vehicle was purchased or

acquired at a public sale under the Abandoned Mobile Home

Act to the Secretary of State and a salvage certificate or

junking certificate shall be issued in the name of that

person. The salvage certificate or junking certificate

issued by the Secretary of State under this Section shall

be free of any lien that existed against the vehicle prior

to the time the vehicle was acquired by the applicant

under this Code.

(3) A vehicle which has been repossessed by a

lienholder shall be considered to be salvage only when the

repossessed vehicle, on the date of repossession by the

lienholder, has sustained damage by collision, fire,

theft, rust corrosion, or other means so that the cost of

repairing such damage, including labor, would be greater

than 33 1/3% of its fair market value without such damage.

If the lienholder determines that such vehicle is damaged

in excess of 33 1/3% of such fair market value, the

lienholder shall, before sale, transfer or assignment of

the vehicle, make application for a salvage certificate,

and shall submit with such application the proper fee and

evidence of possession. If the facts required to be shown

in subsection (f) of Section 3-114 are satisfied, the

Secretary of State shall issue a salvage certificate in

the name of the lienholder making the application. In any

case wherein the vehicle repossessed is not damaged in

excess of 33 1/3% of its fair market value, the lienholder

shall comply with the requirements of subsections (f),

(f-5), and (f-10) of Section 3-114, except that the

affidavit of repossession made by or on behalf of the

lienholder shall also contain an affirmation under penalty

of perjury that the vehicle on the date of sale is not

damaged in excess of 33 1/3% of its fair market value. If

the facts required to be shown in subsection (f) of

Section 3-114 are satisfied, the Secretary of State shall

issue a certificate of title as set forth in Section 3-116

of this Code. The Secretary of State may by rule or

regulation require photographs to be submitted.

(4) A vehicle which is a part of a fleet of more than 5

commercial vehicles registered in this State or any other

state or registered proportionately among several states

shall be considered to be salvage when such vehicle has

sustained damage by collision, fire, theft, rust,

corrosion or similar means so that the cost of repairing

such damage, including labor, would be greater than 33

1/3% of the fair market value of the vehicle without such

damage. If the owner of a fleet vehicle desires to sell,

transfer, or assign his interest in such vehicle to a

person within this State other than an insurance company

licensed to do business within this State, and the owner

determines that such vehicle, at the time of the proposed

sale, transfer or assignment is damaged in excess of 33

1/3% of its fair market value, the owner shall, before

such sale, transfer or assignment, make application for a

salvage certificate. The application shall contain with it

evidence of possession of the vehicle. If the fleet

vehicle at the time of its sale, transfer, or assignment

is not damaged in excess of 33 1/3% of its fair market

value, the owner shall so state in a written affirmation

on a form prescribed by the Secretary of State by rule or

regulation. The Secretary of State may by rule or

regulation require photographs to be submitted. Upon sale,

transfer or assignment of the fleet vehicle the owner

shall mail the affirmation to the Secretary of State.

(5) A vehicle that has been submerged in water to the

point that rising water has reached over the door sill and

has entered the passenger or trunk compartment is a "flood

vehicle". A flood vehicle shall be considered to be

salvage only if the vehicle has sustained damage so that

the cost of repairing the damage, including labor, would

be greater than 33 1/3% of the fair market value of the

vehicle without that damage. The salvage certificate

issued under this Section shall indicate the word "flood",

and the word "flood" shall be conspicuously entered on

subsequent titles for the vehicle. A person who possesses

or acquires a flood vehicle that is not damaged in excess

of 33 1/3% of its fair market value shall make application

for title in accordance with Section 3-116 of this Code,

designating the vehicle as "flood" in a manner prescribed

by the Secretary of State. The certificate of title issued

shall indicate the word "flood", and the word "flood"

shall be conspicuously entered on subsequent titles for

the vehicle.

(6) When any licensed rebuilder, repairer, new or used

vehicle dealer, or remittance agent has submitted an

application for title to a vehicle (other than an

application for title to a rebuilt vehicle) that he or she

knows or reasonably should have known to have sustained

damages in excess of 33 1/3% of the vehicle's fair market

value without that damage; provided, however, that any

application for a salvage certificate for a vehicle

recovered from theft and acquired from an insurance

company shall be made as required by paragraph (1) of this

subsection (b).

(c) Any person who without authority acquires, sells,

exchanges, gives away, transfers or destroys or offers to

acquire, sell, exchange, give away, transfer or destroy the

certificate of title to any vehicle which is a junk or salvage

vehicle shall be guilty of a Class 3 felony.

(d) Except as provided under subsection (a), any person

who knowingly fails to surrender to the Secretary of State a

certificate of title, salvage certificate, certificate of

purchase or a similarly acceptable out-of-state document of

ownership as required under the provisions of this Section is

guilty of a Class A misdemeanor for a first offense and a Class

4 felony for a subsequent offense; except that a person

licensed under this Code who violates paragraph (5) of

subsection (b) of this Section is guilty of a business offense

and shall be fined not less than $1,000 nor more than $5,000

for a first offense and is guilty of a Class 4 felony for a

second or subsequent violation.

(e) Any vehicle which is salvage or junk may not be driven

or operated on roads and highways within this State. A

violation of this subsection is a Class A misdemeanor. A

salvage vehicle displaying valid special plates issued under

Section 3-601(b) of this Code, which is being driven to or from

an inspection conducted under Section 3-308 of this Code, is

exempt from the provisions of this subsection. A salvage

vehicle for which a short term permit has been issued under

Section 3-307 of this Code is exempt from the provisions of

this subsection for the duration of the permit.

(Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19;

100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)

(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)

Sec. 3-405. Application for registration.

(a) Every owner of a vehicle subject to registration under

this Code shall make application to the Secretary of State for

the registration of such vehicle upon the appropriate form or

forms furnished by the Secretary. Every such application shall

bear the signature of the owner written with pen and ink and

contain:

1. The name, domicile address, as defined in Section

1-115.5 of this Code, (except as otherwise provided in

this paragraph 1), mail address of the owner or business

address of the owner if a firm, association, or

corporation, and, if available, email address of the

owner. If the mailing address is a post office box number,

the address listed on the driver license record may be

used to verify residence. A police officer, a deputy

sheriff, an elected sheriff, a law enforcement officer for

the Illinois Department of State Police, a fire

investigator, a state's attorney, an assistant state's

attorney, a state's attorney special investigator, or a

judicial officer may elect to furnish the address of the

headquarters of the governmental entity, police district,

or business address where he or she works instead of his or

her domicile address, in which case that address shall be

deemed to be his or her domicile address for all purposes

under this Chapter 3. The spouse and children of a person

who may elect under this paragraph 1 to furnish the

address of the headquarters of the government entity,

police district, or business address where the person

works instead of the person's domicile address may, if

they reside with that person, also elect to furnish the

address of the headquarters of the government entity,

police district, or business address where the person

works as their domicile address, in which case that

address shall be deemed to be their domicile address for

all purposes under this Chapter 3. In this paragraph 1:

(A) "police officer" has the meaning ascribed to

"policeman" in Section 10-3-1 of the Illinois Municipal

Code; (B) "deputy sheriff" means a deputy sheriff

appointed under Section 3-6008 of the Counties Code; (C)

"elected sheriff" means a sheriff commissioned pursuant to

Section 3-6001 of the Counties Code; (D) "fire

investigator" means a person classified as a peace officer

under the Peace Officer Fire Investigation Act; (E)

"state's attorney", "assistant state's attorney", and

"state's attorney special investigator" mean a state's

attorney, assistant state's attorney, and state's attorney

special investigator commissioned or appointed under

Division 3-9 of the Counties Code; and (F) "judicial

officer" has the meaning ascribed to it in Section 1-10 of

the Judicial Privacy Act.

2. A description of the vehicle, including such

information as is required in an application for a

certificate of title, determined under such standard

rating as may be prescribed by the Secretary.

3. (Blank).

4. Such further information as may reasonably be

required by the Secretary to enable him to determine

whether the vehicle is lawfully entitled to registration

and the owner entitled to a certificate of title.

5. An affirmation by the applicant that all

information set forth is true and correct. If the

application is for the registration of a motor vehicle,

the applicant also shall affirm that the motor vehicle is

insured as required by this Code, that such insurance will

be maintained throughout the period for which the motor

vehicle shall be registered, and that neither the owner,

nor any person operating the motor vehicle with the

owner's permission, shall operate the motor vehicle unless

the required insurance is in effect. If the person signing

the affirmation is not the sole owner of the vehicle, such

person shall be deemed to have affirmed on behalf of all

the owners of the vehicle. If the person signing the

affirmation is not an owner of the vehicle, such person

shall be deemed to have affirmed on behalf of the owner or

owners of the vehicle. The lack of signature on the

application shall not in any manner exempt the owner or

owners from any provisions, requirements or penalties of

this Code.

(b) When such application refers to a new vehicle

purchased from a dealer the application shall be accompanied

by a Manufacturer's Statement of Origin from the dealer, and a

statement showing any lien retained by the dealer.

(Source: P.A. 100-145, eff. 1-1-18.)

(625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)

Sec. 3-416. Notice of change of address or name.

(a) Whenever any person after making application for or

obtaining the registration of a vehicle shall move from the

address named in the application or shown upon a registration

card such person shall within 10 days thereafter notify the

Secretary of State of his or her old and new address.

(a-5) A police officer, a deputy sheriff, an elected

sheriff, a law enforcement officer for the Illinois Department

of State Police, or a fire investigator who, in accordance

with Section 3-405, has furnished the address of the office of

the headquarters of the governmental entity or police district

where he or she works instead of his or her domicile address

shall, within 10 days after he or she is no longer employed by

that governmental entity or police district as a police

officer, a deputy sheriff, an elected sheriff, a law

enforcement officer for the Illinois Department of State

Police or a fire investigator, notify the Secretary of State

of the old address and his or her new address. If, in

accordance with Section 3-405, the spouse and children of a

police officer, deputy sheriff, elected sheriff, law

enforcement officer for the Illinois Department of State

Police, or fire investigator have furnished the address of the

office of the headquarters of the governmental entity or

police district where the police officer, deputy sheriff,

elected sheriff, law enforcement officer for the Illinois

Department of State Police, or fire investigator works instead

of their domicile address, the spouse and children shall

notify the Secretary of State of their old address and new

address within 10 days after the police officer, deputy

sheriff, elected sheriff, law enforcement officer for the

Illinois Department of State Police, or fire investigator is

no longer employed by that governmental entity or police

district as a police officer, deputy sheriff, elected sheriff,

law enforcement officer for the Illinois Department of State

Police, or fire investigator.

(b) Whenever the name of any person who has made

application for or obtained the registration of a vehicle is

thereafter changed by marriage or otherwise such person shall

within 10 days notify the Secretary of State of such former and

new name.

(c) In either event, any such person may obtain a

corrected registration card or certificate of title upon

application and payment of the statutory fee.

(Source: P.A. 94-239, eff. 1-1-06; 95-207, eff. 1-1-08.)

(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)

Sec. 4-107. Stolen, converted, recovered and unclaimed

vehicles.

(a) Every Sheriff, Superintendent of police, Chief of

police or other police officer in command of any Police

department in any City, Village or Town of the State, shall, by

the fastest means of communications available to his law

enforcement agency, immediately report to the Illinois State

Police, in Springfield, Illinois, the theft or recovery of any

stolen or converted vehicle within his district or

jurisdiction. The report shall give the date of theft,

description of the vehicle including color, year of

manufacture, manufacturer's trade name, manufacturer's series

name, body style, vehicle identification number and license

registration number, including the state in which the license

was issued and the year of issuance, together with the name,

residence address, business address, and telephone number of

the owner. The report shall be routed by the originating law

enforcement agency through the Illinois State Police District

in which such agency is located.

(b) A registered owner or a lienholder may report the

theft by conversion of a vehicle, to the Illinois State

Police, or any other police department or Sheriff's office.

Such report will be accepted as a report of theft and processed

only if a formal complaint is on file and a warrant issued.

(c) An operator of a place of business for garaging,

repairing, parking or storing vehicles for the public, in

which a vehicle remains unclaimed, after being left for the

purpose of garaging, repairing, parking or storage, for a

period of 15 days, shall, within 5 days after the expiration of

that period, report the vehicle as unclaimed to the municipal

police when the vehicle is within the corporate limits of any

City, Village or incorporated Town, or the County Sheriff, or

State Police when the vehicle is outside the corporate limits

of a City, Village or incorporated Town. This Section does not

apply to any vehicle:

(1) removed to a place of storage by a law enforcement

agency having jurisdiction, in accordance with Sections

4-201 and 4-203 of this Act; or

(2) left under a garaging, repairing, parking, or

storage order signed by the owner, lessor, or other

legally entitled person.

Failure to comply with this Section will result in the

forfeiture of storage fees for that vehicle involved.

(d) The Illinois State Police shall keep a complete record

of all reports filed under this Section of the Act. Upon

receipt of such report, a careful search shall be made of the

records of the office of the Illinois State Police, and where

it is found that a vehicle reported recovered was stolen in a

County, City, Village or Town other than the County, City,

Village or Town in which it is recovered, the Illinois State

Police shall immediately notify the Sheriff, Superintendent of

police, Chief of police, or other police officer in command of

the Sheriff's office or Police department of the County, City,

Village or Town in which the vehicle was originally reported

stolen, giving complete data as to the time and place of

recovery.

(e) Notification of the theft or conversion of a vehicle

will be furnished to the Secretary of State by the Illinois

State Police. The Secretary of State shall place the proper

information in the license registration and title registration

files to indicate the theft or conversion of a motor vehicle or

other vehicle. Notification of the recovery of a vehicle

previously reported as a theft or a conversion will be

furnished to the Secretary of State by the Illinois State

Police. The Secretary of State shall remove the proper

information from the license registration and title

registration files that has previously indicated the theft or

conversion of a vehicle. The Secretary of State shall suspend

the registration of a vehicle upon receipt of a report from the

Illinois State Police that such vehicle was stolen or

converted.

(f) When the Secretary of State receives an application

for a certificate of title or an application for registration

of a vehicle and it is determined from the records of the

office of the Secretary of State that such vehicle has been

reported stolen or converted, the Secretary of State shall

immediately notify the Illinois State Police or the Secretary

of State Department of Police and shall give the Illinois

State Police or the Secretary of State Department of Police

the name and address of the person or firm titling or

registering the vehicle, together with all other information

contained in the application submitted by such person or firm.

If the Secretary of State Department of Police receives

notification under this subsection (f), it shall conduct an

investigation concerning the identity of the registered owner

of the stolen or converted vehicle.

(g) During the usual course of business the manufacturer

of any vehicle shall place an original manufacturer's vehicle

identification number on all such vehicles manufactured and on

any part of such vehicles requiring an identification number.

(h) Except provided in subsection (h-1), if a

manufacturer's vehicle identification number is missing or has

been removed, changed or mutilated on any vehicle, or any part

of such vehicle requiring an identification number, the

Illinois State Police or the Secretary of State Department of

Police shall restore, restamp or reaffix the vehicle

identification number plate, or affix a new plate bearing the

original manufacturer's vehicle identification number on each

such vehicle and on all necessary parts of the vehicles. A

vehicle identification number so affixed, restored, restamped,

reaffixed or replaced is not falsified, altered or forged

within the meaning of this Act.

(h-1) A person engaged in the repair or servicing of

vehicles may reaffix a manufacturer's identification number

plate on the same damaged vehicle from which it was originally

removed, if the person reaffixes the original manufacturer's

identification number plate in place of the identification

number plate affixed on a new dashboard that has been

installed in the vehicle. The person must notify the Secretary

of State each time the original manufacturer's identification

number plate is reaffixed on a vehicle. The person must keep a

record indicating that the identification number plate affixed

on the new dashboard has been removed and has been replaced by

the manufacturer's identification number plate originally

affixed on the vehicle. The person also must keep a record

regarding the status and location of the identification number

plate removed from the replacement dashboard. The Secretary

shall adopt rules for implementing this subsection (h-1).

(h-2) The owner of a vehicle repaired under subsection

(h-1) must, within 90 days of the date of the repairs, contact

an officer of the Illinois State Police Vehicle Inspection

Bureau and arrange for an inspection of the vehicle, by the

officer or the officer's designee, at a mutually agreed upon

date and location.

(i) If a vehicle or part of any vehicle is found to have

the manufacturer's identification number removed, altered,

defaced or destroyed, the vehicle or part shall be seized by

any law enforcement agency having jurisdiction and held for

the purpose of identification. In the event that the

manufacturer's identification number of a vehicle or part

cannot be identified, the vehicle or part shall be considered

contraband, and no right of property shall exist in any person

owning, leasing or possessing such property, unless the person

owning, leasing or possessing the vehicle or part acquired

such without knowledge that the manufacturer's vehicle

identification number has been removed, altered, defaced,

falsified or destroyed.

Either the seizing law enforcement agency or the State's

Attorney of the county where the seizure occurred may make an

application for an order of forfeiture to the circuit court in

the county of seizure. The application for forfeiture shall be

independent from any prosecution arising out of the seizure

and is not subject to any final determination of such

prosecution. The circuit court shall issue an order forfeiting

the property to the seizing law enforcement agency if the

court finds that the property did not at the time of seizure

possess a valid manufacturer's identification number and that

the original manufacturer's identification number cannot be

ascertained. The seizing law enforcement agency may:

(1) retain the forfeited property for official use; or

(2) sell the forfeited property and distribute the

proceeds in accordance with Section 4-211 of this Code, or

dispose of the forfeited property in such manner as the

law enforcement agency deems appropriate.

(i-1) If a motorcycle is seized under subsection (i), the

motorcycle must be returned within 45 days of the date of

seizure to the person from whom it was seized, unless (i)

criminal charges are pending against that person or (ii) an

application for an order of forfeiture has been submitted to

the circuit in the county of seizure or (iii) the circuit court

in the county of seizure has received from the seizing law

enforcement agency and has granted a petition to extend, for a

single 30 day period, the 45 days allowed for return of the

motorcycle. Except as provided in subsection (i-2), a

motorcycle returned to the person from whom it was seized must

be returned in essentially the same condition it was in at the

time of seizure.

(i-2) If any part or parts of a motorcycle seized under

subsection (i) are found to be stolen and are removed, the

seizing law enforcement agency is not required to replace the

part or parts before returning the motorcycle to the person

from whom it was seized.

(j) The Illinois State Police or the Secretary of State

Department of Police shall notify the Secretary of State each

time a manufacturer's vehicle identification number is

affixed, reaffixed, restored or restamped on any vehicle. The

Secretary of State shall make the necessary changes or

corrections in his records, after the proper applications and

fees have been submitted, if applicable.

(k) Any vessel, vehicle or aircraft used with knowledge

and consent of the owner in the commission of, or in the

attempt to commit as defined in Section 8-4 of the Criminal

Code of 2012, an offense prohibited by Section 4-103 of this

Chapter, including transporting of a stolen vehicle or stolen

vehicle parts, shall be seized by any law enforcement agency.

The seizing law enforcement agency may:

(1) return the vehicle to its owner if such vehicle is

stolen; or

(2) confiscate the vehicle and retain it for any

purpose which the law enforcement agency deems

appropriate; or

(3) sell the vehicle at a public sale or dispose of the

vehicle in such other manner as the law enforcement agency

deems appropriate.

If the vehicle is sold at public sale, the proceeds of the

sale shall be paid to the law enforcement agency.

The law enforcement agency shall not retain, sell or

dispose of a vehicle under paragraphs (2) or (3) of this

subsection (k) except upon an order of forfeiture issued by

the circuit court. The circuit court may issue such order of

forfeiture upon application of the law enforcement agency or

State's Attorney of the county where the law enforcement

agency has jurisdiction, or in the case of the Illinois

Department of State Police or the Secretary of State, upon

application of the Attorney General.

The court shall issue the order if the owner of the vehicle

has been convicted of transporting stolen vehicles or stolen

vehicle parts and the evidence establishes that the owner's

vehicle has been used in the commission of such offense.

The provisions of subsection (k) of this Section shall not

apply to any vessel, vehicle or aircraft, which has been

leased, rented or loaned by its owner, if the owner did not

have knowledge of and consent to the use of the vessel, vehicle

or aircraft in the commission of, or in an attempt to commit,

an offense prohibited by Section 4-103 of this Chapter.

(Source: P.A. 100-956, eff. 1-1-19.)

(625 ILCS 5/4-109)

Sec. 4-109. Motor Vehicle Theft Prevention Program. The

Secretary of State, in conjunction with the Motor Vehicle

Theft Prevention and Insurance Verification Council, is hereby

authorized to establish and operate a Motor Vehicle Theft

Prevention Program as follows:

(a) Voluntary program participation.

(b) The registered owner of a motor vehicle interested in

participating in the program shall sign an informed consent

agreement designed by the Secretary of State under subsection

(e) of this Section indicating that the motor vehicle

registered to him is not normally operated between the hours

of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be

submitted to the Secretary of State for processing.

(c) Upon processing the form, the Secretary of State shall

issue to the registered owner a decal. The registered owner

shall affix the decal in a conspicuous place on his motor

vehicle as prescribed by the Secretary of State.

(d) Whenever any law enforcement officer shall see a motor

vehicle displaying a decal issued under the provisions of

subsection (c) of this Section being operated upon the public

highways of this State between the hours of 1:00 a.m. and 5:00

a.m., the officer is authorized to stop that motor vehicle and

to request the driver to produce a valid driver's license and

motor vehicle registration card if required to be carried in

the vehicle. Whenever the operator of a motor vehicle

displaying a decal is unable to produce the documentation set

forth in this Section, the police officer shall investigate

further to determine if the person operating the motor vehicle

is the registered owner or has the authorization of the owner

to operate the vehicle.

(e) The Secretary of State, in consultation with the

Director of the Illinois Department of State Police and Motor

Vehicle Theft Prevention and Insurance Verification Council,

shall design the manner and form of the informed consent

agreement required under subsection (b) of this Section and

the decal required under subsection (c) of this Section.

(f) The Secretary of State shall provide for the recording

of registered owners of motor vehicles who participate in the

program. The records shall be available to all law enforcement

departments, agencies, and forces. The Secretary of State

shall cooperate with and assist all law enforcement officers

and other agencies in tracing or examining any questionable

motor vehicles in order to determine the ownership of the

motor vehicles.

(g) A fee not to exceed $10 may be charged for the informed

consent form and decal provided under this Section. The fee,

if any, shall be set by the Motor Vehicle Theft Prevention and

Insurance Verification Council and shall be collected by the

Secretary of State and deposited into the Motor Vehicle Theft

Prevention and Insurance Verification Trust Fund.

(h) The Secretary of State, in consultation with the

Director of the Illinois Department of State Police and the

Motor Vehicle Theft Prevention and Insurance Verification

Council shall promulgate rules and regulations to effectuate

the purposes of this Section.

(Source: P.A. 100-373, eff. 1-1-18.)

(625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)

Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle

notification to law enforcement agencies.

When an abandoned, lost, stolen or unclaimed vehicle comes

into the temporary possession or custody of a person in this

State, not the owner of the vehicle, such person shall

immediately notify the municipal police when the vehicle is

within the corporate limits of any city, village or town

having a duly authorized police department, or the State

Police or the county sheriff when the vehicle is outside the

corporate limits of a city, village or town. Upon receipt of

such notification, the municipal police, Illinois State Police

or county sheriff will authorize a towing service to remove

and take possession of the abandoned, lost, stolen or

unclaimed vehicle. The towing service will safely keep the

towed vehicle and its contents, maintain a record of the tow as

set forth in Section 4-204 for law enforcement agencies, until

the vehicle is claimed by the owner or any other person legally

entitled to possession thereof or until it is disposed of as

provided in this Chapter.

(Source: P.A. 78-858.)

(625 ILCS 5/4-203.5)

Sec. 4-203.5. Tow rotation list.

(a) Each law enforcement agency whose duties include the

patrol of highways in this State shall maintain a tow rotation

list which shall be used by law enforcement officers

authorizing the tow of a vehicle within the jurisdiction of

the law enforcement agency. To ensure adequate response time,

a law enforcement agency may maintain multiple tow rotation

lists, with each tow rotation list covering tows authorized in

different geographic locations within the jurisdiction of the

law enforcement agency. A towing service may be included on

more than one tow rotation list.

(b) Any towing service operating within the jurisdiction

of a law enforcement agency may submit an application in a form

and manner prescribed by the law enforcement agency for

inclusion on the law enforcement agency's tow rotation list.

The towing service does not need to be located within the

jurisdiction of the law enforcement agency. To be included on

a tow rotation list the towing service must meet the following

requirements:

(1) possess a license permitting the towing service to

operate in every unit of local government in the law

enforcement agency's jurisdiction that requires a license

for the operation of a towing service;

(2) if required by the law enforcement agency for

inclusion on that law enforcement agency's tow rotation

list, each owner of the towing service and each person

operating a vehicle on behalf of the towing service shall

submit his or her fingerprints to the Illinois Department

of State Police in the form and manner prescribed by the

Illinois Department of State Police. These fingerprints

should be transmitted through a live scan fingerprint

vendor licensed by the Department of Financial and

Professional Regulation. These fingerprints shall be

checked against the fingerprint records now and hereafter

filed in the Illinois Department of State Police and

Federal Bureau of Investigation criminal history records

databases. The Illinois Department of State Police shall

charge a fee for conducting the criminal history record

check, which shall be deposited in the State Police

Services Fund and shall not exceed the actual cost of the

State and national criminal history record check. The

Illinois Department of State Police shall furnish,

pursuant to positive identification, all Illinois

conviction information to the law enforcement agency

maintaining the tow rotation list and shall forward the

national criminal history record information to the law

enforcement agency maintaining the tow rotation list. A

person may not own a towing service or operate a vehicle on

behalf of a towing service included on a tow rotation list

if that person has been convicted during the 5 years

preceding the application of a criminal offense involving

one or more of the following:

(A) bodily injury or attempt to inflict bodily

injury to another person;

(B) theft of property or attempted theft of

property; or

(C) sexual assault or attempted sexual assault of

any kind;

(3) each person operating a vehicle on behalf of the

towing service must be classified for the type of towing

operation he or she shall be performing and the vehicle he

or she shall be operating;

(4) possess and maintain the following insurance in

addition to any other insurance required by law:

(A) comprehensive automobile liability insurance

with a minimum combined single limit coverage of

$1,000,000;

(B) commercial general liability insurance with

limits of not less than $1,000,000 per occurrence,

$100,000 minimum garage keepers legal liability

insurance, and $100,000 minimum on-hook coverage or

cargo insurance; and

(C) a worker's compensation policy covering every

person operating a tow truck on behalf of the towing

service, if required under current law;

(5) possess a secure parking lot used for short-term

vehicle storage after a vehicle is towed that is open

during business hours and is equipped with security

features as required by the law enforcement agency;

(6) utilize only vehicles that possess a valid vehicle

registration, display a valid Illinois license plate in

accordance with Section 5-202 of this Code, and comply

with the weight requirements of this Code;

(7) every person operating a towing or recovery

vehicle on behalf of the towing service must have

completed a Traffic Incident Management Training Program

approved by the Department of Transportation;

(8) hold a valid authority issued to it by the

Illinois Commerce Commission;

(9) comply with all other applicable federal, State,

and local laws; and

(10) comply with any additional requirements the

applicable law enforcement agency deems necessary.

The law enforcement agency may select which towing

services meeting the requirements of this subsection (b) shall

be included on a tow rotation list. The law enforcement agency

may choose to have only one towing service on its tow rotation

list. Complaints regarding the process for inclusion on a tow

rotation list or the use of a tow rotation list may be referred

in writing to the head of the law enforcement agency

administering that tow rotation list. The head of the law

enforcement agency shall make the final determination as to

which qualified towing services shall be included on a tow

rotation list, and shall not be held liable for the exclusion

of any towing service from a tow rotation list.

(c) Whenever a law enforcement officer initiates a tow of

a vehicle, the officer shall contact his or her law

enforcement agency and inform the agency that a tow has been

authorized. The law enforcement agency shall then select a

towing service from the law enforcement agency's tow rotation

list corresponding to the geographical area where the tow was

authorized, and shall contact that towing service directly by

phone, computer, or similar means. Towing services shall be

contacted in the order listed on the appropriate tow rotation

list, at which point the towing service shall be placed at the

end of that tow rotation list. In the event a listed towing

service is not available, the next listed towing service on

that tow rotation list shall be contacted.

(d) A law enforcement agency may deviate from the order

listed on a tow rotation list if the towing service next on

that tow rotation list is, in the judgment of the authorizing

officer or the law enforcement agency making the selection,

incapable of or not properly equipped for handling a specific

task related to the tow that requires special skills or

equipment. A deviation from the order listed on the tow

rotation list for this reason shall not cause a loss of

rotation turn by the towing service determined to be incapable

or not properly equipped for handling the request.

(e) In the event of an emergency a law enforcement officer

or agency, taking into account the safety and location of the

situation, may deviate from the order of the tow rotation list

and obtain towing service from any source deemed appropriate.

(f) If the owner or operator of a disabled vehicle is

present at the scene of the disabled vehicle, is not under

arrest, and does not abandon his or her vehicle, and in the law

enforcement officer's opinion the disabled vehicle is not

impeding or obstructing traffic, illegally parked, or posing a

security or safety risk, the law enforcement officer shall

allow the owner of the vehicle to specify a towing service to

relocate the disabled vehicle. If the owner chooses not to

specify a towing service, the law enforcement agency shall

select a towing service for the vehicle as provided in

subsection (c) of this Section.

(g) If a tow operator is present or arrives where a tow is

needed and it has not been requested by the law enforcement

agency or the owner or operator, the law enforcement officer,

unless acting under Section 11-1431 of this Code, shall advise

the tow operator to leave the scene.

(h) Nothing contained in this Section shall apply to a law

enforcement agency having jurisdiction solely over a

municipality with a population over 1,000,000.

(Source: P.A. 99-438, eff. 1-1-16.)

(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)

Sec. 4-205. Record searches.

(a) When a law enforcement agency authorizing the

impounding of a vehicle does not know the identity of the

registered owner, lienholder or other legally entitled person,

that law enforcement agency will cause the vehicle

registration records of the State of Illinois to be searched

by the Secretary of State for the purpose of obtaining the

required ownership information.

(b) The law enforcement agency authorizing the impounding

of a vehicle will cause the stolen motor vehicle files of the

Illinois State Police to be searched by a directed

communication to the Illinois State Police for stolen or

wanted information on the vehicle. When the Illinois State

Police files are searched with negative results, the

information contained in the National Crime Information Center

(NCIC) files will be searched by the Illinois State Police.

The information determined from these record searches will be

returned to the requesting law enforcement agency for that

agency's use in sending a notification by certified mail to

the registered owner, lienholder and other legally entitled

persons advising where the vehicle is held, requesting a

disposition be made and setting forth public sale information.

Notification shall be sent no later than 10 business days

after the date the law enforcement agency impounds or

authorizes the impounding of a vehicle, provided that if the

law enforcement agency is unable to determine the identity of

the registered owner, lienholder or other person legally

entitled to ownership of the impounded vehicle within a 10

business day period after impoundment, then notification shall

be sent no later than 2 days after the date the identity of the

registered owner, lienholder or other person legally entitled

to ownership of the impounded vehicle is determined.

Exceptions to a notification by certified mail to the

registered owner, lienholder and other legally entitled

persons are set forth in Section 4-209 of this Code.

(c) When ownership information is needed for a towing

service to give notification as required under this Code, the

towing service may cause the vehicle registration records of

the State of Illinois to be searched by the Secretary of State,

and in such case, the towing service also shall give notice to

all lienholders of record within the time period required for

such other notices.

The written request of a towing service, in the form and

containing the information prescribed by the Secretary of

State by rule, may be transmitted to the Secretary of State in

person, by U.S. mail or other delivery service, by facsimile

transmission, or by other means the Secretary of State deems

acceptable.

The Secretary of State shall provide the required

information, or a statement that the information was not found

in the vehicle registration records of the State, by U.S. mail

or other delivery service, facsimile transmission, as

requested by the towing service, or by other means acceptable

to the Secretary of State.

(d) The Secretary of State may prescribe standards and

procedures for submission of requests for record searches and

replies via computer link.

(e) Fees for services provided under this Section shall be

in amounts prescribed by the Secretary of State under Section

3-821.1 of this Code. Payment may be made by the towing service

using cash, any commonly accepted credit card, or any other

means of payment deemed acceptable by the Secretary of State.

(Source: P.A. 95-838, eff. 8-15-08.)

(625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)

Sec. 4-206. Identifying and tracing of vehicle ownership

by Illinois State Police. When the registered owner,

lienholder or other person legally entitled to the possession

of a vehicle cannot be identified from the registration files

of this State or from the registration files of a foreign

state, if applicable, the law enforcement agency having

custody of the vehicle shall notify the Illinois State Police,

for the purpose of identifying the vehicle owner or other

person legally entitled to the possession of the vehicle. The

information obtained by the Illinois State Police will be

immediately forwarded to the law enforcement agency having

custody of the vehicle for notification purposes as set forth

in Section 4-205 of this Code.

(Source: P.A. 82-363.)

(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)

Sec. 4-209. Disposal of unclaimed vehicles more than 7

years of age; disposal of abandoned or unclaimed vehicles

without notice.

(a) When the identity of the registered owner, lienholder,

or other legally entitled persons of an abandoned, lost, or

unclaimed vehicle of 7 years of age or newer cannot be

determined by any means provided for in this Chapter, the

vehicle may be sold as provided in Section 4-208 without

notice to any person whose identity cannot be determined.

(b) When an abandoned vehicle of more than 7 years of age

is impounded as specified by this Chapter, or when any such

vehicle is towed at the request or with the consent of the

owner or operator and is subsequently abandoned, it will be

kept in custody or storage for a minimum of 10 days for the

purpose of determining the identity of the registered owner,

lienholder, or other legally entitled persons and contacting

the registered owner, lienholder, or other legally entitled

persons by the U. S. Mail, public service or in person for a

determination of disposition; and, an examination of the

Illinois State Police stolen vehicle files for theft and

wanted information. At the expiration of the 10 day period,

without the benefit of disposition information being received

from the registered owner, lienholder, or other legally

entitled persons, the vehicle may be disposed of in either of

the following ways:

(1) The law enforcement agency having jurisdiction

will authorize the disposal of the vehicle as junk or

salvage.

(2) The towing service may sell the vehicle in the

manner provided in Section 4-208 of this Code, provided

that this paragraph (2) shall not apply to vehicles towed

by order or authorization of a law enforcement agency.

(c) A vehicle classified as an antique vehicle,

expanded-use antique vehicle, custom vehicle, or street rod

may however be sold to a person desiring to restore it.

(Source: P.A. 97-412, eff. 1-1-12.)

(625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)

Sec. 4-302. Vehicle Recycling Board. There is hereby

created the Vehicle Recycling Board of the State of Illinois

composed of the Secretary of Transportation, the Director of

the Illinois State Police, the Director of Public Health, the

Director of the Environmental Protection Agency, the

Superintendent of State Troopers or their designated

representatives. The Governor shall designate the Chairman and

Secretary of the Board.

The Board shall appoint an advisory committee, of no less

than 10 members, to include an official representative of the

Office of the Secretary of State as designated by the

Secretary; and other appropriate representatives from such

sources as: statewide associations of city, county and

township governing bodies; knowledgeable successful leaders

from the auto recycling private sector; the State associations

of chiefs of police, county sheriffs, police officers; and

State agencies having a direct or indirect relationship with

vehicle recycling.

(Source: P.A. 84-25.)

(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)

Sec. 5-102. Used vehicle dealers must be licensed.

(a) No person, other than a licensed new vehicle dealer,

shall engage in the business of selling or dealing in, on

consignment or otherwise, 5 or more used vehicles of any make

during the year (except house trailers as authorized by

paragraph (j) of this Section and rebuilt salvage vehicles

sold by their rebuilders to persons licensed under this

Chapter), or act as an intermediary, agent or broker for any

licensed dealer or vehicle purchaser (other than as a

salesperson) or represent or advertise that he is so engaged

or intends to so engage in such business unless licensed to do

so by the Secretary of State under the provisions of this

Section.

(b) An application for a used vehicle dealer's license

shall be filed with the Secretary of State, duly verified by

oath, in such form as the Secretary of State may by rule or

regulation prescribe and shall contain:

1. The name and type of business organization

established and additional places of business, if any, in

this State.

2. If the applicant is a corporation, a list of its

officers, directors, and shareholders having a ten percent

or greater ownership interest in the corporation, setting

forth the residence address of each; if the applicant is a

sole proprietorship, a partnership, an unincorporated

association, a trust, or any similar form of business

organization, the names and residence address of the

proprietor or of each partner, member, officer, director,

trustee or manager.

3. A statement that the applicant has been approved

for registration under the Retailers' Occupation Tax Act

by the Department of Revenue. However, this requirement

does not apply to a dealer who is already licensed

hereunder with the Secretary of State, and who is merely

applying for a renewal of his license. As evidence of this

fact, the application shall be accompanied by a

certification from the Department of Revenue showing that

the Department has approved the applicant for registration

under the Retailers' Occupation Tax Act.

4. A statement that the applicant has complied with

the appropriate liability insurance requirement. A

Certificate of Insurance in a solvent company authorized

to do business in the State of Illinois shall be included

with each application covering each location at which he

proposes to act as a used vehicle dealer. The policy must

provide liability coverage in the minimum amounts of

$100,000 for bodily injury to, or death of, any person,

$300,000 for bodily injury to, or death of, two or more

persons in any one accident, and $50,000 for damage to

property. Such policy shall expire not sooner than

December 31 of the year for which the license was issued or

renewed. The expiration of the insurance policy shall not

terminate the liability under the policy arising during

the period for which the policy was filed. Trailer and

mobile home dealers are exempt from this requirement.

If the permitted user has a liability insurance policy

that provides automobile liability insurance coverage of

at least $100,000 for bodily injury to or the death of any

person, $300,000 for bodily injury to or the death of any 2

or more persons in any one accident, and $50,000 for

damage to property, then the permitted user's insurer

shall be the primary insurer and the dealer's insurer

shall be the secondary insurer. If the permitted user does

not have a liability insurance policy that provides

automobile liability insurance coverage of at least

$100,000 for bodily injury to or the death of any person,

$300,000 for bodily injury to or the death of any 2 or more

persons in any one accident, and $50,000 for damage to

property, or does not have any insurance at all, then the

dealer's insurer shall be the primary insurer and the

permitted user's insurer shall be the secondary insurer.

When a permitted user is "test driving" a used vehicle

dealer's automobile, the used vehicle dealer's insurance

shall be primary and the permitted user's insurance shall

be secondary.

As used in this paragraph 4, a "permitted user" is a

person who, with the permission of the used vehicle dealer

or an employee of the used vehicle dealer, drives a

vehicle owned and held for sale or lease by the used

vehicle dealer which the person is considering to purchase

or lease, in order to evaluate the performance,

reliability, or condition of the vehicle. The term

"permitted user" also includes a person who, with the

permission of the used vehicle dealer, drives a vehicle

owned or held for sale or lease by the used vehicle dealer

for loaner purposes while the user's vehicle is being

repaired or evaluated.

As used in this paragraph 4, "test driving" occurs

when a permitted user who, with the permission of the used

vehicle dealer or an employee of the used vehicle dealer,

drives a vehicle owned and held for sale or lease by a used

vehicle dealer that the person is considering to purchase

or lease, in order to evaluate the performance,

reliability, or condition of the vehicle.

As used in this paragraph 4, "loaner purposes" means

when a person who, with the permission of the used vehicle

dealer, drives a vehicle owned or held for sale or lease by

the used vehicle dealer while the user's vehicle is being

repaired or evaluated.

5. An application for a used vehicle dealer's license

shall be accompanied by the following license fees:

(A) $1,000 for applicant's established place of

business, and $50 for each additional place of

business, if any, to which the application pertains;

however, if the application is made after June 15 of

any year, the license fee shall be $500 for

applicant's established place of business plus $25 for

each additional place of business, if any, to which

the application pertains. License fees shall be

returnable only in the event that the application is

denied by the Secretary of State. Of the money

received by the Secretary of State as license fees

under this subparagraph (A) for the 2004 licensing

year and thereafter, 95% shall be deposited into the

General Revenue Fund.

(B) Except for dealers selling 25 or fewer

automobiles or as provided in subsection (h) of

Section 5-102.7 of this Code, an Annual Dealer

Recovery Fund Fee in the amount of $500 for the

applicant's established place of business, and $50 for

each additional place of business, if any, to which

the application pertains; but if the application is

made after June 15 of any year, the fee shall be $250

for the applicant's established place of business plus

$25 for each additional place of business, if any, to

which the application pertains. For a license renewal

application, the fee shall be based on the amount of

automobiles sold in the past year according to the

following formula:

(1) $0 for dealers selling 25 or less

automobiles;

(2) $150 for dealers selling more than 25 but

less than 200 automobiles;

(3) $300 for dealers selling 200 or more

automobiles but less than 300 automobiles; and

(4) $500 for dealers selling 300 or more

automobiles.

License fees shall be returnable only in the event

that the application is denied by the Secretary of

State. Moneys received under this subparagraph (B)

shall be deposited into the Dealer Recovery Trust

Fund.

6. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in the past 3 years any one

violation as determined in any civil, criminal or

administrative proceedings of any one of the following

Acts:

(A) The Anti-Theft Laws of the Illinois Vehicle

Code;

(B) The Certificate of Title Laws of the Illinois

Vehicle Code;

(C) The Offenses against Registration and

Certificates of Title Laws of the Illinois Vehicle

Code;

(D) The Dealers, Transporters, Wreckers and

Rebuilders Laws of the Illinois Vehicle Code;

(E) Section 21-2 of the Illinois Criminal Code of

1961 or the Criminal Code of 2012, Criminal Trespass

to Vehicles; or

(F) The Retailers' Occupation Tax Act.

7. A statement that the applicant's officers,

directors, shareholders having a 10% or greater ownership

interest therein, proprietor, partner, member, officer,

director, trustee, manager or other principals in the

business have not committed in any calendar year 3 or more

violations, as determined in any civil or criminal or

administrative proceedings, of any one or more of the

following Acts:

(A) The Consumer Finance Act;

(B) The Consumer Installment Loan Act;

(C) The Retail Installment Sales Act;

(D) The Motor Vehicle Retail Installment Sales

Act;

(E) The Interest Act;

(F) The Illinois Wage Assignment Act;

(G) Part 8 of Article XII of the Code of Civil

Procedure; or

(H) The Consumer Fraud and Deceptive Business

Practices Act.

7.5. A statement that, within 10 years of application,

each officer, director, shareholder having a 10% or

greater ownership interest therein, proprietor, partner,

member, officer, director, trustee, manager, or other

principal in the business of the applicant has not

committed, as determined in any civil, criminal, or

administrative proceeding, in any calendar year one or

more forcible felonies under the Criminal Code of 1961 or

the Criminal Code of 2012, or a violation of either or both

Article 16 or 17 of the Criminal Code of 1961 or a

violation of either or both Article 16 or 17 of the

Criminal Code of 2012, Article 29B of the Criminal Code of

1961 or the Criminal Code of 2012, or a similar

out-of-state offense. For the purposes of this paragraph,

"forcible felony" has the meaning provided in Section 2-8

of the Criminal Code of 2012.

8. A bond or Certificate of Deposit in the amount of

$50,000 for each location at which the applicant intends

to act as a used vehicle dealer. The bond shall be for the

term of the license, or its renewal, for which application

is made, and shall expire not sooner than December 31 of

the year for which the license was issued or renewed. The

bond shall run to the People of the State of Illinois, with

surety by a bonding or insurance company authorized to do

business in this State. It shall be conditioned upon the

proper transmittal of all title and registration fees and

taxes (excluding taxes under the Retailers' Occupation Tax

Act) accepted by the applicant as a used vehicle dealer.

9. Such other information concerning the business of

the applicant as the Secretary of State may by rule or

regulation prescribe.

10. A statement that the applicant understands Chapter

1 through Chapter 5 of this Code.

11. A copy of the certification from the prelicensing

education program.

(c) Any change which renders no longer accurate any

information contained in any application for a used vehicle

dealer's license shall be amended within 30 days after the

occurrence of each change on such form as the Secretary of

State may prescribe by rule or regulation, accompanied by an

amendatory fee of $2.

(d) Anything in this Chapter to the contrary

notwithstanding, no person shall be licensed as a used vehicle

dealer unless such person maintains an established place of

business as defined in this Chapter.

(e) The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted to him under

this Section. Unless the Secretary makes a determination that

the application submitted to him does not conform to this

Section or that grounds exist for a denial of the application

under Section 5-501 of this Chapter, he must grant the

applicant an original used vehicle dealer's license in writing

for his established place of business and a supplemental

license in writing for each additional place of business in

such form as he may prescribe by rule or regulation which shall

include the following:

1. The name of the person licensed;

2. If a corporation, the name and address of its

officers or if a sole proprietorship, a partnership, an

unincorporated association or any similar form of business

organization, the name and address of the proprietor or of

each partner, member, officer, director, trustee or

manager;

3. In case of an original license, the established

place of business of the licensee;

4. In the case of a supplemental license, the

established place of business of the licensee and the

additional place of business to which such supplemental

license pertains.

(f) The appropriate instrument evidencing the license or a

certified copy thereof, provided by the Secretary of State

shall be kept posted, conspicuously, in the established place

of business of the licensee and in each additional place of

business, if any, maintained by such licensee.

(g) Except as provided in subsection (h) of this Section,

all used vehicle dealer's licenses granted under this Section

expire by operation of law on December 31 of the calendar year

for which they are granted unless sooner revoked or cancelled

under Section 5-501 of this Chapter.

(h) A used vehicle dealer's license may be renewed upon

application and payment of the fee required herein, and

submission of proof of coverage by an approved bond under the

"Retailers' Occupation Tax Act" or proof that applicant is not

subject to such bonding requirements, as in the case of an

original license, but in case an application for the renewal

of an effective license is made during the month of December,

the effective license shall remain in force until the

application for renewal is granted or denied by the Secretary

of State.

(i) All persons licensed as a used vehicle dealer are

required to furnish each purchaser of a motor vehicle:

1. A certificate of title properly assigned to the

purchaser;

2. A statement verified under oath that all

identifying numbers on the vehicle agree with those on the

certificate of title;

3. A bill of sale properly executed on behalf of such

person;

4. A copy of the Uniform Invoice-transaction reporting

return referred to in Section 5-402 of this Chapter;

5. In the case of a rebuilt vehicle, a copy of the

Disclosure of Rebuilt Vehicle Status; and

6. In the case of a vehicle for which the warranty has

been reinstated, a copy of the warranty.

(j) A real estate broker holding a valid certificate of

registration issued pursuant to "The Real Estate Brokers and

Salesmen License Act" may engage in the business of selling or

dealing in house trailers not his own without being licensed

as a used vehicle dealer under this Section; however such

broker shall maintain a record of the transaction including

the following:

(1) the name and address of the buyer and seller,

(2) the date of sale,

(3) a description of the mobile home, including the

vehicle identification number, make, model, and year, and

(4) the Illinois certificate of title number.

The foregoing records shall be available for inspection by

any officer of the Secretary of State's Office at any

reasonable hour.

(k) Except at the time of sale or repossession of the

vehicle, no person licensed as a used vehicle dealer may issue

any other person a newly created key to a vehicle unless the

used vehicle dealer makes a color photocopy or electronic scan

of the driver's license or State identification card of the

person requesting or obtaining the newly created key. The used

vehicle dealer must retain the photocopy or scan for 30 days.

A used vehicle dealer who violates this subsection (k) is

guilty of a petty offense. Violation of this subsection (k) is

not cause to suspend, revoke, cancel, or deny renewal of the

used vehicle dealer's license.

(l) Used vehicle dealers licensed under this Section shall

provide the Secretary of State a register for the sale at

auction of each salvage or junk certificate vehicle. Each

register shall include the following information:

1. The year, make, model, style and color of the

vehicle;

2. The vehicle's manufacturer's identification number

or, if applicable, the Secretary of State or Illinois

Department of State Police identification number;

3. The date of acquisition of the vehicle;

4. The name and address of the person from whom the

vehicle was acquired;

5. The name and address of the person to whom any

vehicle was disposed, the person's Illinois license number

or if the person is an out-of-state salvage vehicle buyer,

the license number from the state or jurisdiction where

the buyer is licensed; and

6. The purchase price of the vehicle.

The register shall be submitted to the Secretary of State

via written or electronic means within 10 calendar days from

the date of the auction.

(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;

101-505, eff. 1-1-20.)

(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)

Sec. 5-105. Investigation of licensee required. Every

person seeking a license under Chapter 5 of this Act, as part

of the application process, authorizes an investigation to

determine if the applicant has ever been convicted of a crime

and if so, the disposition of those convictions. This

authorization shall indicate the scope of the inquiry and the

agencies which may be contacted. Upon this authorization the

Secretary of State may request and receive information and

assistance from any Federal, State or local governmental

agency as part of the authorized investigation. The Illinois

Department of State Police shall provide information

concerning any criminal convictions and their disposition

brought against the applicant upon request of the Secretary of

State when the request is made in the form and manner required

by the Illinois Department of State Police. The information

derived from this investigation, including the source of this

information, and any conclusions or recommendations derived

from this information by the Secretary of State shall be

provided to the applicant or his designee. Upon request to the

Secretary of State prior to any final action by the Secretary

of State on the application, no information obtained from such

investigation may be placed in any automated information

system. Any criminal convictions and their disposition

information obtained by the Secretary of State shall be

confidential and may not be transmitted outside the Office of

the Secretary of State, except as required herein, and may not

be transmitted to anyone within the Office of the Secretary of

State except as needed for the purpose of evaluating the

application. All criminal convictions and their disposition

and information obtained by the Division of Investigation

shall be destroyed no later than 60 days after the Division of

Investigation has made a final ruling on the application, and

all rights of appeal have expired and pending appeals have

been completed. The only physical identity materials which the

applicant can be required to provide the Secretary of State

are photographs or fingerprints. Only information and

standards which bear a reasonable and rational relation to the

performance of a licensee shall be used by the Secretary of

State. The Secretary of State shall adopt rules and

regulations for the administration of this Section. Any

employee of the Secretary of State who gives or causes to be

given away any confidential information concerning any

criminal convictions and their disposition of an applicant

shall be guilty of a Class A misdemeanor.

(Source: P.A. 84-25.)

(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)

Sec. 5-401.2. Licensees required to keep records and make

inspections.

(a) Every person licensed or required to be licensed under

Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or

5-302 of this Code, shall, with the exception of scrap

processors, maintain for 3 years, in a form as the Secretary of

State may by rule or regulation prescribe, at his established

place of business, additional place of business, or principal

place of business if licensed under Section 5-302, the

following records relating to the acquisition or disposition

of vehicles and their essential parts possessed in this State,

brought into this State from another state, territory or

country, or sold or transferred to another person in this

State or in another state, territory, or country.

(1) The following records pertaining to new or used

vehicles shall be kept:

(A) the year, make, model, style and color of the

vehicle;

(B) the vehicle's manufacturer's identification

number or, if applicable, the Secretary of State or

Illinois Department of State Police identification

number;

(C) the date of acquisition of the vehicle;

(D) the name and address of the person from whom

the vehicle was acquired and, if that person is a

dealer, the Illinois or out-of-state dealer license

number of such person;

(E) the signature of the person making the

inspection of a used vehicle as required under

subsection (d) of this Section, if applicable;

(F) the purchase price of the vehicle, if

applicable;

(G) the date of the disposition of the vehicle;

(H) the name and address of the person to whom any

vehicle was disposed, and if that person is a dealer,

the Illinois or out-of-State dealer's license number

of that dealer;

(I) the uniform invoice number reflecting the

disposition of the vehicle, if applicable; and

(J) The sale price of the vehicle, if applicable.

(2) (A) The following records pertaining to used

essential parts other than quarter panels and

transmissions of vehicles of the first division shall be

kept:

(i) the year, make, model, color and type of such

part;

(ii) the vehicle's manufacturer's identification

number, derivative number, or, if applicable, the

Secretary of State or Illinois Department of State

Police identification number of such part;

(iii) the date of the acquisition of each part;

(iv) the name and address of the person from whom

the part was acquired and, if that person is a dealer,

the Illinois or out-of-state dealer license number of

such person; if the essential part being acquired is

from a person other than a dealer, the licensee shall

verify and record that person's identity by recording

the identification numbers from at least two sources

of identification, one of which shall be a drivers

license or State identification card;

(v) the uniform invoice number or out-of-state

bill of sale number reflecting the acquisition of such

part;

(vi) the stock number assigned to the essential

part by the licensee, if applicable;

(vii) the date of the disposition of such part;

(viii) the name and address of the person to whom

such part was disposed of and, if that person is a

dealer, the Illinois or out-of-state dealer license

number of that person;

(ix) the uniform invoice number reflecting the

disposition of such part.

(B) Inspections of all essential parts shall be

conducted in accordance with Section 5-402.1.

(C) A separate entry containing all of the information

required to be recorded in subparagraph (A) of paragraph

(2) of subsection (a) of this Section shall be made for

each separate essential part. Separate entries shall be

made regardless of whether the part was a large purchase

acquisition. In addition, a separate entry shall be made

for each part acquired for immediate sale or transfer, or

for placement into the overall inventory or stock to be

disposed of at a later time, or for use on a vehicle to be

materially altered by the licensee, or acquired for any

other purpose or reason. Failure to make a separate entry

for each essential part acquired or disposed of, or a

failure to record any of the specific information required

to be recorded concerning the acquisition or disposition

of each essential part as set forth in subparagraph (A) of

paragraph (2) of subsection (a) shall constitute a failure

to keep records.

(D) The vehicle's manufacturer's identification number

or Secretary of State or Illinois Department of State

Police identification number for the essential part shall

be ascertained and recorded even if such part is acquired

from a person or dealer located in a State, territory, or

country which does not require that such information be

recorded. If the vehicle's manufacturer's identification

number or Secretary of State or Illinois Department of

State Police identification number for an essential part

cannot be obtained, that part shall not be acquired by the

licensee or any of his agents or employees. If such part or

parts were physically acquired by the licensee or any of

his agents or employees while the licensee or agent or

employee was outside this State, that licensee or agent or

employee was outside the State, that licensee, agent or

employee shall not bring such essential part into this

State or cause it to be brought into this State. The

acquisition or disposition of an essential part by a

licensee without the recording of the vehicle

identification number or Secretary of State identification

number for such part or the transportation into the State

by the licensee or his agent or employee of such part or

parts shall constitute a failure to keep records.

(E) The records of essential parts required to be kept

by this Section shall apply to all hulks, chassis, frames

or cowls, regardless of the age of those essential parts.

The records required to be kept by this Section for

essential parts other than hulks, chassis, frames or

cowls, shall apply only to those essential parts which are

6 model years of age or newer. In determining the model

year of such an essential part it may be presumed that the

identification number of the vehicle from which the

essential part came or the identification number affixed

to the essential part itself acquired by the licensee

denotes the model year of that essential part. This

presumption, however, shall not apply if the gross

appearance of the essential part does not correspond to

the year, make or model of either the identification

number of the vehicle from which the essential part is

alleged to have come or the identification number which is

affixed to the essential part itself. To determine whether

an essential part is 6 years of age or newer within this

paragraph, the model year of the essential part shall be

subtracted from the calendar year in which the essential

part is acquired or disposed of by the licensee. If the

remainder is 6 or less, the record of the acquisition or

disposition of that essential part shall be kept as

required by this Section.

(F) The requirements of paragraph (2) of subsection

(a) of this Section shall not apply to the disposition of

an essential part other than a cowl which has been damaged

or altered to a state in which it can no longer be returned

to a usable condition and which is being sold or

transferred to a scrap processor or for delivery to a

scrap processor.

(3) the following records for vehicles on which junking

certificates are obtained shall be kept:

(A) the year, make, model, style and color of the

vehicle;

(B) the vehicle's manufacturer's identification number

or, if applicable, the Secretary of State or Illinois

Department of State Police identification number;

(C) the date the vehicle was acquired;

(D) the name and address of the person from whom the

vehicle was acquired and, if that person is a dealer, the

Illinois or out-of-state dealer license number of that

person;

(E) the certificate of title number or salvage

certificate number for the vehicle, if applicable;

(F) the junking certificate number obtained by the

licensee; this entry shall be recorded at the close of

business of the fifth business day after receiving the

junking certificate;

(G) the name and address of the person to whom the

junking certificate has been assigned, if applicable, and

if that person is a dealer, the Illinois or out-of-state

dealer license number of that dealer;

(H) if the vehicle or any part of the vehicle is

dismantled for its parts to be disposed of in any way, or

if such parts are to be used by the licensee to materially

alter a vehicle, those essential parts shall be recorded

and the entries required by paragraph (2) of subsection

(a) shall be made.

(4) The following records for rebuilt vehicles shall be

kept:

(A) the year, make, model, style and color of the

vehicle;

(B) the vehicle's manufacturer's identification number

of the vehicle or, if applicable, the Secretary of State

or Illinois Department of State Police identification

number;

(C) the date the vehicle was acquired;

(D) the name and address of the person from whom the

vehicle was acquired, and if that person is a dealer, the

Illinois or out-of-state dealer license number of that

person;

(E) the salvage certificate number for the vehicle;

(F) the newly issued certificate of title number for

the vehicle;

(G) the date of disposition of the vehicle;

(H) the name and address of the person to whom the

vehicle was disposed, and if a dealer, the Illinois or

out-of-state dealer license number of that dealer;

(I) The sale price of the vehicle.

(a-1) A person licensed or required to be licensed under

Section 5-101 or Section 5-102 of this Code who issues

temporary registration permits as permitted by this Code and

by rule must electronically file the registration with the

Secretary and must maintain records of the registration in the

manner prescribed by the Secretary.

(b) A failure to make separate entries for each vehicle

acquired, disposed of, or assigned, or a failure to record any

of the specific information required to be recorded concerning

the acquisition or disposition of each vehicle as set forth in

paragraphs (1), (3) and (4) of subsection (a) shall constitute

a failure to keep records.

(c) All entries relating to the acquisition of a vehicle

or essential part required by subsection (a) of this Section

shall be recorded no later than the close of business on the

seventh calendar day following such acquisition. All entries

relating to the disposition of a vehicle or an essential part

shall be made at the time of such disposition. If the vehicle

or essential part was disposed of on the same day as its

acquisition or the day thereafter, the entries relating to the

acquisition of the vehicle or essential part shall be made at

the time of the disposition of the vehicle or essential part.

Failure to make the entries required in or at the times

prescribed by this subsection following the acquisition or

disposition of such vehicle or essential part shall constitute

a failure to keep records.

(d) Every person licensed or required to be licensed

shall, before accepting delivery of a used vehicle, inspect

the vehicle to determine whether the manufacturer's public

vehicle identification number has been defaced, destroyed,

falsified, removed, altered, or tampered with in any way. If

the person making the inspection determines that the

manufacturer's public vehicle identification number has been

altered, removed, defaced, destroyed, falsified or tampered

with he shall not acquire that vehicle but instead shall

promptly notify law enforcement authorities of his finding.

(e) The information required to be kept in subsection (a)

of this Section shall be kept in a manner prescribed by rule or

regulation of the Secretary of State.

(f) Every person licensed or required to be licensed shall

have in his possession a separate certificate of title,

salvage certificate, junking certificate, certificate of

purchase, uniform invoice, out-of-state bill of sale or other

acceptable documentary evidence of his right to the possession

of every vehicle or essential part.

(g) Every person licensed or required to be licensed as a

transporter under Section 5-201 shall maintain for 3 years, in

such form as the Secretary of State may by rule or regulation

prescribe, at his principal place of business a record of

every vehicle transported by him, including numbers of or

other marks of identification thereof, the names and addresses

of persons from whom and to whom the vehicle was delivered and

the dates of delivery.

(h) No later than 15 days prior to going out of business,

selling the business, or transferring the ownership of the

business, the licensee shall notify the Secretary of State

that he is going out of business or that he is transferring the

ownership of the business. Failure to notify under this

paragraph shall constitute a failure to keep records.

(i) (Blank).

(j) A person who knowingly fails to comply with the

provisions of this Section or knowingly fails to obey,

observe, or comply with any order of the Secretary or any law

enforcement agency issued in accordance with this Section is

guilty of a Class B misdemeanor for the first violation and a

Class A misdemeanor for the second and subsequent violations.

Each violation constitutes a separate and distinct offense and

a separate count may be brought in the same indictment or

information for each vehicle or each essential part of a

vehicle for which a record was not kept as required by this

Section.

(k) Any person convicted of failing to keep the records

required by this Section with intent to conceal the identity

or origin of a vehicle or its essential parts or with intent to

defraud the public in the transfer or sale of vehicles or their

essential parts is guilty of a Class 2 felony. Each violation

constitutes a separate and distinct offense and a separate

count may be brought in the same indictment or information for

each vehicle or essential part of a vehicle for which a record

was not kept as required by this Section.

(l) A person may not be criminally charged with or

convicted of both a knowing failure to comply with this

Section and a knowing failure to comply with any order, if both

offenses involve the same record keeping violation.

(m) The Secretary shall adopt rules necessary for

implementation of this Section, which may include the

imposition of administrative fines.

(Source: P.A. 101-505, eff. 1-1-20.)

(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)

Sec. 5-402.1. Use of Secretary of State Uniform Invoice

for Essential Parts.

(a) Except for scrap processors, every person licensed or

required to be licensed under Section 5-101, 5-101.1, 5-102,

5-102.8, or 5-301 of this Code shall issue, in a form the

Secretary of State may by rule or regulation prescribe, a

Uniform Invoice, which may also act as a bill of sale, made out

in triplicate with respect to each transaction in which he

disposes of an essential part other than quarter panels and

transmissions of vehicles of the first division. Such Invoice

shall be made out at the time of the disposition of the

essential part. If the licensee disposes of several essential

parts in the same transaction, the licensee may issue one

Uniform Invoice covering all essential parts disposed of in

that transaction.

(b) The following information shall be contained on the

Uniform Invoice:

(1) the business name, address and dealer license

number of the person disposing of the essential part;

(2) the name and address of the person acquiring the

essential part, and if that person is a dealer, the

Illinois or out-of-state dealer license number of that

dealer;

(3) the date of the disposition of the essential part;

(4) the year, make, model, color and description of

each essential part disposed of by the person;

(5) the manufacturer's vehicle identification number,

Secretary of State identification number or Illinois

Department of State Police identification number, for each

essential part disposed of by the person;

(6) the printed name and legible signature of the

person or agent disposing of the essential part; and

(7) if the person is a dealer the printed name and

legible signature of the dealer or his agent or employee

accepting delivery of the essential part.

(c) Except for scrap processors, and except as set forth

in subsection (d) of this Section, whenever a person licensed

or required to be licensed by Section 5-101, 5-101.1, 5-102,

or 5-301 accepts delivery of an essential part, other than

quarter panels and transmissions of vehicles of the first

division, that person shall, at the time of the acceptance or

delivery, comply with the following procedures:

(1) Before acquiring or accepting delivery of any

essential part, the licensee or his authorized agent or

employee shall inspect the part to determine whether the

vehicle identification number, Secretary of State

identification number, Illinois Department of State Police

identification number, or identification plate or sticker

attached to or stamped on any part being acquired or

delivered has been removed, falsified, altered, defaced,

destroyed, or tampered with. If the licensee or his agent

or employee determines that the vehicle identification

number, Secretary of State identification number, Illinois

Department of State Police identification number,

identification plate or identification sticker containing

an identification number, or Federal Certificate label of

an essential part has been removed, falsified, altered,

defaced, destroyed or tampered with, the licensee or agent

shall not accept or receive that part.

If that part was physically acquired by or delivered

to a licensee or his agent or employee while that

licensee, agent or employee was outside this State, that

licensee or agent or employee shall not bring that

essential part into this State or cause it to be brought

into this State.

(2) If the person disposing of or delivering the

essential part to the licensee is a licensed in-state or

out-of-state dealer, the licensee or his agent or

employee, after inspecting the essential part as required

by paragraph (1) of this subsection (c), shall examine the

Uniform Invoice, or bill of sale, as the case may be, to

ensure that it contains all the information required to be

provided by persons disposing of essential parts as set

forth in subsection (b) of this Section. If the Uniform

Invoice or bill of sale does not contain all the

information required to be listed by subsection (b) of

this Section, the dealer disposing of or delivering such

part or his agent or employee shall record such additional

information or other needed modifications on the Uniform

Invoice or bill of sale or, if needed, an attachment

thereto. The dealer or his agent or employee delivering

the essential part shall initial all additions or

modifications to the Uniform Invoice or bill of sale and

legibly print his name at the bottom of each document

containing his initials. If the transaction involves a

bill of sale rather than a Uniform Invoice, the licensee

or his agent or employee accepting delivery of or

acquiring the essential part shall affix his printed name

and legible signature on the space on the bill of sale

provided for his signature or, if no space is provided, on

the back of the bill of sale. If the dealer or his agent or

employee disposing of or delivering the essential part

cannot or does not provide all the information required by

subsection (b) of this Section, the licensee or his agent

or employee shall not accept or receive any essential part

for which that required information is not provided. If

such essential part for which the information required is

not fully provided was physically acquired while the

licensee or his agent or employee was outside this State,

the licensee or his agent or employee shall not bring that

essential part into this State or cause it to be brought

into this State.

(3) If the person disposing of the essential part is

not a licensed dealer, the licensee or his agent or

employee shall, after inspecting the essential part as

required by paragraph (1) of subsection (c) of this

Section verify the identity of the person disposing of the

essential part by examining 2 sources of identification,

one of which shall be either a driver's license or state

identification card. The licensee or his agent or employee

shall then prepare a Uniform Invoice listing all the

information required to be provided by subsection (b) of

this Section. In the space on the Uniform Invoice provided

for the dealer license number of the person disposing of

the part, the licensee or his agent or employee shall list

the numbers taken from the documents of identification

provided by the person disposing of the part. The person

disposing of the part shall affix his printed name and

legible signature on the space on the Uniform Invoice

provided for the person disposing of the essential part

and the licensee or his agent or employee acquiring the

part shall affix his printed name and legible signature on

the space provided on the Uniform Invoice for the person

acquiring the essential part. If the person disposing of

the essential part cannot or does not provide all the

information required to be provided by this paragraph, or

does not present 2 satisfactory forms of identification,

the licensee or his agent or employee shall not acquire

that essential part.

(d) If an essential part other than quarter panels and

transmissions of vehicles of the first division was delivered

by a licensed commercial delivery service delivering such part

on behalf of a licensed dealer, the person required to comply

with subsection (c) of this Section may conduct the inspection

of that part required by paragraph (1) of subsection (c) and

examination of the Uniform Invoice or bill of sale required by

paragraph (2) of subsection (c) of this Section immediately

after the acceptance of the part.

(1) If the inspection of the essential part pursuant

to paragraph (1) of subsection (c) reveals that the

vehicle identification number, Secretary of State

identification number, Illinois Department of State Police

identification number, identification plate or sticker

containing an identification number, or Federal

Certificate label of an essential part has been removed,

falsified, altered, defaced, destroyed or tampered with,

the licensee or his agent shall immediately record such

fact on the Uniform Invoice or bill of sale, assign the

part an inventory or stock number, place such inventory or

stock number on both the essential part and the Uniform

Invoice or bill of sale, and record the date of the

inspection of the part on the Uniform Invoice or bill of

sale. The licensee shall, within 7 days of such

inspection, return such part to the dealer from whom it

was acquired.

(2) If the examination of the Uniform Invoice or bill

of sale pursuant to paragraph (2) of subsection (c)

reveals that any of the information required to be listed

by subsection (b) of this Section is missing, the licensee

or person required to be licensed shall immediately assign

a stock or inventory number to such part, place such stock

or inventory number on both the essential part and the

Uniform Invoice or bill of sale, and record the date of

examination on the Uniform Invoice or bill of sale. The

licensee or person required to be licensed shall acquire

the information missing from the Uniform Invoice or bill

of sale within 7 days of the examination of such Uniform

Invoice or bill of sale. Such information may be received

by telephone conversation with the dealer from whom the

part was acquired. If the dealer provides the missing

information the licensee shall record such information on

the Uniform Invoice or bill of sale along with the name of

the person providing the information. If the dealer does

not provide the required information within the

aforementioned 7 day period, the licensee shall return the

part to that dealer.

(e) Except for scrap processors, all persons licensed or

required to be licensed who acquire or dispose of essential

parts other than quarter panels and transmissions of vehicles

of the first division shall retain a copy of the Uniform

Invoice required to be made by subsections (a), (b) and (c) of

this Section for a period of 3 years.

(f) Except for scrap processors, any person licensed or

required to be licensed under Sections 5-101, 5-102 or 5-301

who knowingly fails to record on a Uniform Invoice any of the

information or entries required to be recorded by subsections

(a), (b) and (c) of this Section, or who knowingly places false

entries or other misleading information on such Uniform

Invoice, or who knowingly fails to retain for 3 years a copy of

a Uniform Invoice reflecting transactions required to be

recorded by subsections (a), (b) and (c) of this Section, or

who knowingly acquires or disposes of essential parts without

receiving, issuing, or executing a Uniform Invoice reflecting

that transaction as required by subsections (a), (b) and (c)

of this Section, or who brings or causes to be brought into

this State essential parts for which the information required

to be recorded on a Uniform Invoice is not recorded as

prohibited by subsection (c) of this Section, or who knowingly

fails to comply with the provisions of this Section in any

other manner shall be guilty of a Class 2 felony. Each

violation shall constitute a separate and distinct offense and

a separate count may be brought in the same indictment or

information for each essential part for which a record was not

kept as required by this Section or for which the person failed

to comply with other provisions of this Section.

(g) The records required to be kept by this Section may be

examined by a person or persons making a lawful inspection of

the licensee's premises pursuant to Section 5-403.

(h) The records required to be kept by this Section shall

be retained by the licensee at his principal place of business

for a period of 7 years.

(i) The requirements of this Section shall not apply to

the disposition of an essential part other than a cowl which

has been damaged or altered to a state in which it can no

longer be returned to a usable condition and which is being

sold or transferred to a scrap processor or for delivery to a

scrap processor.

(Source: P.A. 101-505, eff. 1-1-20.)

(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

Sec. 6-106.1. School bus driver permit.

(a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements

of the application and screening process under this Section to

insure the welfare and safety of children who are transported

on school buses throughout the State of Illinois. Applicants

shall obtain the proper application required by the Secretary

of State from their prospective or current employer and submit

the completed application to the prospective or current

employer along with the necessary fingerprint submission as

required by the Illinois Department of State Police to conduct

fingerprint based criminal background checks on current and

future information available in the state system and current

information available through the Federal Bureau of

Investigation's system. Applicants who have completed the

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

submitting proof of successful completion of the annual

refresher course. Individuals who on July 1, 1995 (the

effective date of Public Act 88-612) possess a valid school

bus driver permit that has been previously issued by the

appropriate Regional School Superintendent are not subject to

the fingerprinting provisions of this Section as long as the

permit remains valid and does not lapse. The applicant shall

be required to pay all related application and fingerprinting

fees as established by rule including, but not limited to, the

amounts established by the Illinois Department of State Police

and the Federal Bureau of Investigation to process fingerprint

based criminal background investigations. All fees paid for

fingerprint processing services under this Section shall be

deposited into the State Police Services Fund for the cost

incurred in processing the fingerprint based criminal

background investigations. All other fees paid under this

Section shall be deposited into the Road Fund for the purpose

of defraying the costs of the Secretary of State in

administering this Section. All applicants must:

1. be 21 years of age or older;

2. possess a valid and properly classified driver's

license issued by the Secretary of State;

3. possess a valid driver's license, which has not

been revoked, suspended, or canceled for 3 years

immediately prior to the date of application, or have not

had his or her commercial motor vehicle driving privileges

disqualified within the 3 years immediately prior to the

date of application;

4. successfully pass a written test, administered by

the Secretary of State, on school bus operation, school

bus safety, and special traffic laws relating to school

buses and submit to a review of the applicant's driving

habits by the Secretary of State at the time the written

test is given;

5. demonstrate ability to exercise reasonable care in

the operation of school buses in accordance with rules

promulgated by the Secretary of State;

6. demonstrate physical fitness to operate school

buses by submitting the results of a medical examination,

including tests for drug use for each applicant not

subject to such testing pursuant to federal law, conducted

by a licensed physician, a licensed advanced practice

registered nurse, or a licensed physician assistant within

90 days of the date of application according to standards

promulgated by the Secretary of State;

7. affirm under penalties of perjury that he or she

has not made a false statement or knowingly concealed a

material fact in any application for permit;

8. have completed an initial classroom course,

including first aid procedures, in school bus driver

safety as promulgated by the Secretary of State; and after

satisfactory completion of said initial course an annual

refresher course; such courses and the agency or

organization conducting such courses shall be approved by

the Secretary of State; failure to complete the annual

refresher course, shall result in cancellation of the

permit until such course is completed;

9. not have been under an order of court supervision

for or convicted of 2 or more serious traffic offenses, as

defined by rule, within one year prior to the date of

application that may endanger the life or safety of any of

the driver's passengers within the duration of the permit

period;

10. not have been under an order of court supervision

for or convicted of reckless driving, aggravated reckless

driving, driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or

any combination thereof, or reckless homicide resulting

from the operation of a motor vehicle within 3 years of the

date of application;

11. not have been convicted of committing or

attempting to commit any one or more of the following

offenses: (i) those offenses defined in Sections 8-1,

8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,

10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,

11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,

11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,

11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,

11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,

11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,

12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,

12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,

12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,

12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,

12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,

18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,

20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,

24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,

33A-2, and 33D-1, in subsection (A), clauses (a) and (b),

of Section 24-3, and those offenses contained in Article

29D of the Criminal Code of 1961 or the Criminal Code of

2012; (ii) those offenses defined in the Cannabis Control

Act except those offenses defined in subsections (a) and

(b) of Section 4, and subsection (a) of Section 5 of the

Cannabis Control Act; (iii) those offenses defined in the

Illinois Controlled Substances Act; (iv) those offenses

defined in the Methamphetamine Control and Community

Protection Act; and (v) any offense committed or attempted

in any other state or against the laws of the United

States, which if committed or attempted in this State

would be punishable as one or more of the foregoing

offenses; (vi) the offenses defined in Section 4.1 and 5.1

of the Wrongs to Children Act or Section 11-9.1A of the

Criminal Code of 1961 or the Criminal Code of 2012; (vii)

those offenses defined in Section 6-16 of the Liquor

Control Act of 1934; and (viii) those offenses defined in

the Methamphetamine Precursor Control Act;

12. not have been repeatedly involved as a driver in

motor vehicle collisions or been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree which indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

13. not have, through the unlawful operation of a

motor vehicle, caused an accident resulting in the death

of any person;

14. not have, within the last 5 years, been adjudged

to be afflicted with or suffering from any mental

disability or disease;

15. consent, in writing, to the release of results of

reasonable suspicion drug and alcohol testing under

Section 6-106.1c of this Code by the employer of the

applicant to the Secretary of State; and

16. not have been convicted of committing or

attempting to commit within the last 20 years: (i) an

offense defined in subsection (c) of Section 4, subsection

(b) of Section 5, and subsection (a) of Section 8 of the

Cannabis Control Act; or (ii) any offenses in any other

state or against the laws of the United States that, if

committed or attempted in this State, would be punishable

as one or more of the foregoing offenses.

(b) A school bus driver permit shall be valid for a period

specified by the Secretary of State as set forth by rule. It

shall be renewable upon compliance with subsection (a) of this

Section.

(c) A school bus driver permit shall contain the holder's

driver's license number, legal name, residence address, zip

code, and date of birth, a brief description of the holder and

a space for signature. The Secretary of State may require a

suitable photograph of the holder.

(d) The employer shall be responsible for conducting a

pre-employment interview with prospective school bus driver

candidates, distributing school bus driver applications and

medical forms to be completed by the applicant, and submitting

the applicant's fingerprint cards to the Illinois Department

of State Police that are required for the criminal background

investigations. The employer shall certify in writing to the

Secretary of State that all pre-employment conditions have

been successfully completed including the successful

completion of an Illinois specific criminal background

investigation through the Illinois Department of State Police

and the submission of necessary fingerprints to the Federal

Bureau of Investigation for criminal history information

available through the Federal Bureau of Investigation system.

The applicant shall present the certification to the Secretary

of State at the time of submitting the school bus driver permit

application.

(e) Permits shall initially be provisional upon receiving

certification from the employer that all pre-employment

conditions have been successfully completed, and upon

successful completion of all training and examination

requirements for the classification of the vehicle to be

operated, the Secretary of State shall provisionally issue a

School Bus Driver Permit. The permit shall remain in a

provisional status pending the completion of the Federal

Bureau of Investigation's criminal background investigation

based upon fingerprinting specimens submitted to the Federal

Bureau of Investigation by the Illinois Department of State

Police. The Federal Bureau of Investigation shall report the

findings directly to the Secretary of State. The Secretary of

State shall remove the bus driver permit from provisional

status upon the applicant's successful completion of the

Federal Bureau of Investigation's criminal background

investigation.

(f) A school bus driver permit holder shall notify the

employer and the Secretary of State if he or she is issued an

order of court supervision for or convicted in another state

of an offense that would make him or her ineligible for a

permit under subsection (a) of this Section. The written

notification shall be made within 5 days of the entry of the

order of court supervision or conviction. Failure of the

permit holder to provide the notification is punishable as a

petty offense for a first violation and a Class B misdemeanor

for a second or subsequent violation.

(g) Cancellation; suspension; notice and procedure.

(1) The Secretary of State shall cancel a school bus

driver permit of an applicant whose criminal background

investigation discloses that he or she is not in

compliance with the provisions of subsection (a) of this

Section.

(2) The Secretary of State shall cancel a school bus

driver permit when he or she receives notice that the

permit holder fails to comply with any provision of this

Section or any rule promulgated for the administration of

this Section.

(3) The Secretary of State shall cancel a school bus

driver permit if the permit holder's restricted commercial

or commercial driving privileges are withdrawn or

otherwise invalidated.

(4) The Secretary of State may not issue a school bus

driver permit for a period of 3 years to an applicant who

fails to obtain a negative result on a drug test as

required in item 6 of subsection (a) of this Section or

under federal law.

(5) The Secretary of State shall forthwith suspend a

school bus driver permit for a period of 3 years upon

receiving notice that the holder has failed to obtain a

negative result on a drug test as required in item 6 of

subsection (a) of this Section or under federal law.

(6) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving

notice from the employer that the holder failed to perform

the inspection procedure set forth in subsection (a) or

(b) of Section 12-816 of this Code.

(7) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving

notice from the employer that the holder refused to submit

to an alcohol or drug test as required by Section 6-106.1c

or has submitted to a test required by that Section which

disclosed an alcohol concentration of more than 0.00 or

disclosed a positive result on a National Institute on

Drug Abuse five-drug panel, utilizing federal standards

set forth in 49 CFR 40.87.

The Secretary of State shall notify the State

Superintendent of Education and the permit holder's

prospective or current employer that the applicant has (1) has

failed a criminal background investigation or (2) is no longer

eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver

permit. The cancellation shall remain in effect pending the

outcome of a hearing pursuant to Section 2-118 of this Code.

The scope of the hearing shall be limited to the issuance

criteria contained in subsection (a) of this Section. A

petition requesting a hearing shall be submitted to the

Secretary of State and shall contain the reason the individual

feels he or she is entitled to a school bus driver permit. The

permit holder's employer shall notify in writing to the

Secretary of State that the employer has certified the removal

of the offending school bus driver from service prior to the

start of that school bus driver's next workshift. An employing

school board that fails to remove the offending school bus

driver from service is subject to the penalties defined in

Section 3-14.23 of the School Code. A school bus contractor

who violates a provision of this Section is subject to the

penalties defined in Section 6-106.11.

All valid school bus driver permits issued under this

Section prior to January 1, 1995, shall remain effective until

their expiration date unless otherwise invalidated.

(h) When a school bus driver permit holder who is a service

member is called to active duty, the employer of the permit

holder shall notify the Secretary of State, within 30 days of

notification from the permit holder, that the permit holder

has been called to active duty. Upon notification pursuant to

this subsection, (i) the Secretary of State shall characterize

the permit as inactive until a permit holder renews the permit

as provided in subsection (i) of this Section, and (ii) if a

permit holder fails to comply with the requirements of this

Section while called to active duty, the Secretary of State

shall not characterize the permit as invalid.

(i) A school bus driver permit holder who is a service

member returning from active duty must, within 90 days, renew

a permit characterized as inactive pursuant to subsection (h)

of this Section by complying with the renewal requirements of

subsection (b) of this Section.

(j) For purposes of subsections (h) and (i) of this

Section:

"Active duty" means active duty pursuant to an executive

order of the President of the United States, an act of the

Congress of the United States, or an order of the Governor.

"Service member" means a member of the Armed Services or

reserve forces of the United States or a member of the Illinois

National Guard.

(k) A private carrier employer of a school bus driver

permit holder, having satisfied the employer requirements of

this Section, shall be held to a standard of ordinary care for

intentional acts committed in the course of employment by the

bus driver permit holder. This subsection (k) shall in no way

limit the liability of the private carrier employer for

violation of any provision of this Section or for the

negligent hiring or retention of a school bus driver permit

holder.

(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)

(625 ILCS 5/6-106.1a)

Sec. 6-106.1a. Cancellation of school bus driver permit;

trace of alcohol.

(a) A person who has been issued a school bus driver permit

by the Secretary of State in accordance with Section 6-106.1

of this Code and who drives or is in actual physical control of

a school bus or any other vehicle owned or operated by or for a

public or private school, or a school operated by a religious

institution, when the vehicle is being used over a regularly

scheduled route for the transportation of persons enrolled as

students in grade 12 or below, in connection with any activity

of the entities listed, upon the public highways of this State

shall be deemed to have given consent to a chemical test or

tests of blood, breath, other bodily substance, or urine for

the purpose of determining the alcohol content of the person's

blood if arrested, as evidenced by the issuance of a Uniform

Traffic Ticket for any violation of this Code or a similar

provision of a local ordinance, if a police officer has

probable cause to believe that the driver has consumed any

amount of an alcoholic beverage based upon evidence of the

driver's physical condition or other first hand knowledge of

the police officer. The test or tests shall be administered at

the direction of the arresting officer. The law enforcement

agency employing the officer shall designate which of the

aforesaid tests shall be administered. A urine or other bodily

substance test may be administered even after a blood or

breath test or both has been administered.

(b) A person who is dead, unconscious, or who is otherwise

in a condition rendering that person incapable of refusal,

shall be deemed not to have withdrawn the consent provided by

paragraph (a) of this Section and the test or tests may be

administered subject to the following provisions:

(1) Chemical analysis of the person's blood, urine,

breath, or other bodily substance, to be considered valid

under the provisions of this Section, shall have been

performed according to standards promulgated by the

Illinois Department of State Police by an individual

possessing a valid permit issued by the Illinois

Department of State Police for this purpose. The Director

of the Illinois State Police is authorized to approve

satisfactory techniques or methods, to ascertain the

qualifications and competence of individuals to conduct

analyses, to issue permits that shall be subject to

termination or revocation at the direction of the Illinois

Department of State Police, and to certify the accuracy of

breath testing equipment. The Illinois Department of State

Police shall prescribe rules as necessary.

(2) When a person submits to a blood test at the

request of a law enforcement officer under the provisions

of this Section, only a physician authorized to practice

medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, or

other qualified person trained in venipuncture and acting

under the direction of a licensed physician may withdraw

blood for the purpose of determining the alcohol content.

This limitation does not apply to the taking of breath,

other bodily substance, or urine specimens.

(3) The person tested may have a physician, qualified

technician, chemist, registered nurse, or other qualified

person of his or her own choosing administer a chemical

test or tests in addition to any test or tests

administered at the direction of a law enforcement

officer. The test administered at the request of the

person may be admissible into evidence at a hearing

conducted in accordance with Section 2-118 of this Code.

The failure or inability to obtain an additional test by a

person shall not preclude the consideration of the

previously performed chemical test.

(4) Upon a request of the person who submits to a

chemical test or tests at the request of a law enforcement

officer, full information concerning the test or tests

shall be made available to the person or that person's

attorney by the requesting law enforcement agency within

72 hours of receipt of the test result.

(5) Alcohol concentration means either grams of

alcohol per 100 milliliters of blood or grams of alcohol

per 210 liters of breath.

(6) If a driver is receiving medical treatment as a

result of a motor vehicle accident, a physician licensed

to practice medicine, licensed physician assistant,

licensed advanced practice registered nurse, registered

nurse, or other qualified person trained in venipuncture

and acting under the direction of a licensed physician

shall withdraw blood for testing purposes to ascertain the

presence of alcohol upon the specific request of a law

enforcement officer. However, that testing shall not be

performed until, in the opinion of the medical personnel

on scene, the withdrawal can be made without interfering

with or endangering the well-being of the patient.

(c) A person requested to submit to a test as provided in

this Section shall be warned by the law enforcement officer

requesting the test that a refusal to submit to the test, or

submission to the test resulting in an alcohol concentration

of more than 0.00, may result in the loss of that person's

privilege to possess a school bus driver permit. The loss of

the individual's privilege to possess a school bus driver

permit shall be imposed in accordance with Section 6-106.1b of

this Code. A person requested to submit to a test under this

Section shall also acknowledge, in writing, receipt of the

warning required under this subsection (c). If the person

refuses to acknowledge receipt of the warning, the law

enforcement officer shall make a written notation on the

warning that the person refused to sign the warning. A

person's refusal to sign the warning shall not be evidence

that the person was not read the warning.

(d) If the person refuses testing or submits to a test that

discloses an alcohol concentration of more than 0.00, the law

enforcement officer shall immediately submit a sworn report to

the Secretary of State on a form prescribed by the Secretary of

State certifying that the test or tests were requested under

subsection (a) and the person refused to submit to a test or

tests or submitted to testing which disclosed an alcohol

concentration of more than 0.00. The law enforcement officer

shall submit the same sworn report when a person who has been

issued a school bus driver permit and who was operating a

school bus or any other vehicle owned or operated by or for a

public or private school, or a school operated by a religious

institution, when the vehicle is being used over a regularly

scheduled route for the transportation of persons enrolled as

students in grade 12 or below, in connection with any activity

of the entities listed, submits to testing under Section

11-501.1 of this Code and the testing discloses an alcohol

concentration of more than 0.00 and less than the alcohol

concentration at which driving or being in actual physical

control of a motor vehicle is prohibited under paragraph (1)

of subsection (a) of Section 11-501.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall enter the school bus

driver permit sanction on the individual's driving record and

the sanction shall be effective on the 46th day following the

date notice of the sanction was given to the person.

The law enforcement officer submitting the sworn report

shall serve immediate notice of this school bus driver permit

sanction on the person and the sanction shall be effective on

the 46th day following the date notice was given.

In cases where the blood alcohol concentration of more

than 0.00 is established by a subsequent analysis of blood,

other bodily substance, or urine, the police officer or

arresting agency shall give notice as provided in this Section

or by deposit in the United States mail of that notice in an

envelope with postage prepaid and addressed to that person at

his or her last known address and the loss of the school bus

driver permit shall be effective on the 46th day following the

date notice was given.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall also give notice of the

school bus driver permit sanction to the driver and the

driver's current employer by mailing a notice of the effective

date of the sanction to the individual. However, shall the

sworn report be defective by not containing sufficient

information or be completed in error, the notice of the school

bus driver permit sanction may not be mailed to the person or

his current employer or entered to the driving record, but

rather the sworn report shall be returned to the issuing law

enforcement agency.

(e) A driver may contest this school bus driver permit

sanction by requesting an administrative hearing with the

Secretary of State in accordance with Section 2-118 of this

Code. An individual whose blood alcohol concentration is shown

to be more than 0.00 is not subject to this Section if he or

she consumed alcohol in the performance of a religious service

or ceremony. An individual whose blood alcohol concentration

is shown to be more than 0.00 shall not be subject to this

Section if the individual's blood alcohol concentration

resulted only from ingestion of the prescribed or recommended

dosage of medicine that contained alcohol. The petition for

that hearing shall not stay or delay the effective date of the

impending suspension. The scope of this hearing shall be

limited to the issues of:

(1) whether the police officer had probable cause to

believe that the person was driving or in actual physical

control of a school bus or any other vehicle owned or

operated by or for a public or private school, or a school

operated by a religious institution, when the vehicle is

being used over a regularly scheduled route for the

transportation of persons enrolled as students in grade 12

or below, in connection with any activity of the entities

listed, upon the public highways of the State and the

police officer had reason to believe that the person was

in violation of any provision of this Code or a similar

provision of a local ordinance; and

(2) whether the person was issued a Uniform Traffic

Ticket for any violation of this Code or a similar

provision of a local ordinance; and

(3) whether the police officer had probable cause to

believe that the driver had consumed any amount of an

alcoholic beverage based upon the driver's physical

actions or other first-hand knowledge of the police

officer; and

(4) whether the person, after being advised by the

officer that the privilege to possess a school bus driver

permit would be canceled if the person refused to submit

to and complete the test or tests, did refuse to submit to

or complete the test or tests to determine the person's

alcohol concentration; and

(5) whether the person, after being advised by the

officer that the privileges to possess a school bus driver

permit would be canceled if the person submits to a

chemical test or tests and the test or tests disclose an

alcohol concentration of more than 0.00 and the person did

submit to and complete the test or tests that determined

an alcohol concentration of more than 0.00; and

(6) whether the test result of an alcohol

concentration of more than 0.00 was based upon the

person's consumption of alcohol in the performance of a

religious service or ceremony; and

(7) whether the test result of an alcohol

concentration of more than 0.00 was based upon the

person's consumption of alcohol through ingestion of the

prescribed or recommended dosage of medicine.

The Secretary of State may adopt administrative rules

setting forth circumstances under which the holder of a school

bus driver permit is not required to appear in person at the

hearing.

Provided that the petitioner may subpoena the officer, the

hearing may be conducted upon a review of the law enforcement

officer's own official reports. Failure of the officer to

answer the subpoena shall be grounds for a continuance if, in

the hearing officer's discretion, the continuance is

appropriate. At the conclusion of the hearing held under

Section 2-118 of this Code, the Secretary of State may

rescind, continue, or modify the school bus driver permit

sanction.

(f) The results of any chemical testing performed in

accordance with subsection (a) of this Section are not

admissible in any civil or criminal proceeding, except that

the results of the testing may be considered at a hearing held

under Section 2-118 of this Code. However, the results of the

testing may not be used to impose driver's license sanctions

under Section 11-501.1 of this Code. A law enforcement officer

may, however, pursue a statutory summary suspension or

revocation of driving privileges under Section 11-501.1 of

this Code if other physical evidence or first hand knowledge

forms the basis of that suspension or revocation.

(g) This Section applies only to drivers who have been

issued a school bus driver permit in accordance with Section

6-106.1 of this Code at the time of the issuance of the Uniform

Traffic Ticket for a violation of this Code or a similar

provision of a local ordinance, and a chemical test request is

made under this Section.

(h) The action of the Secretary of State in suspending,

revoking, canceling, or denying any license, permit,

registration, or certificate of title shall be subject to

judicial review in the Circuit Court of Sangamon County or in

the Circuit Court of Cook County, and the provisions of the

Administrative Review Law and its rules are hereby adopted and

shall apply to and govern every action for the judicial review

of final acts or decisions of the Secretary of State under this

Section.

(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;

100-513, eff. 1-1-18.)

(625 ILCS 5/6-107.5)

Sec. 6-107.5. Adult Driver Education Course.

(a) The Secretary shall establish by rule the curriculum

and designate the materials to be used in an adult driver

education course. The course shall be at least 6 hours in

length and shall include instruction on traffic laws; highway

signs, signals, and markings that regulate, warn, or direct

traffic; and issues commonly associated with motor vehicle

accidents including poor decision-making, risk taking,

impaired driving, distraction, speed, failure to use a safety

belt, driving at night, failure to yield the right-of-way,

texting while driving, using wireless communication devices,

and alcohol and drug awareness. The curriculum shall not

require the operation of a motor vehicle.

(b) The Secretary shall certify course providers. The

requirements to be a certified course provider, the process

for applying for certification, and the procedure for

decertifying a course provider shall be established by rule.

(b-5) In order to qualify for certification as an adult

driver education course provider, each applicant must

authorize an investigation that includes a fingerprint-based

background check to determine if the applicant has ever been

convicted of a criminal offense and, if so, the disposition of

any conviction. This authorization shall indicate the scope of

the inquiry and the agencies that may be contacted. Upon

receiving this authorization, the Secretary of State may

request and receive information and assistance from any

federal, State, or local governmental agency as part of the

authorized investigation. Each applicant shall submit his or

her fingerprints to the Illinois Department of State Police in

the form and manner prescribed by the Illinois Department of

State Police. These fingerprints shall be checked against

fingerprint records now and hereafter filed in the Illinois

Department of State Police and Federal Bureau of Investigation

criminal history record databases. The Illinois Department of

State Police shall charge applicants a fee for conducting the

criminal history record check, which shall be deposited into

the State Police Services Fund and shall not exceed the actual

cost of the State and national criminal history record check.

The Illinois Department of State Police shall furnish,

pursuant to positive identification, records of Illinois

criminal convictions to the Secretary and shall forward the

national criminal history record information to the Secretary.

Applicants shall pay any other fingerprint-related fees.

Unless otherwise prohibited by law, the information derived

from the investigation, including the source of the

information and any conclusions or recommendations derived

from the information by the Secretary of State, shall be

provided to the applicant upon request to the Secretary of

State prior to any final action by the Secretary of State on

the application. Any criminal conviction information obtained

by the Secretary of State shall be confidential and may not be

transmitted outside the Office of the Secretary of State,

except as required by this subsection (b-5), and may not be

transmitted to anyone within the Office of the Secretary of

State except as needed for the purpose of evaluating the

applicant. At any administrative hearing held under Section

2-118 of this Code relating to the denial, cancellation,

suspension, or revocation of certification of an adult driver

education course provider, the Secretary of State may utilize

at that hearing any criminal history, criminal conviction, and

disposition information obtained under this subsection (b-5).

The information obtained from the investigation may be

maintained by the Secretary of State or any agency to which the

information was transmitted. Only information and standards

which bear a reasonable and rational relation to the

performance of providing adult driver education shall be used

by the Secretary of State. Any employee of the Secretary of

State who gives or causes to be given away any confidential

information concerning any criminal convictions or disposition

of criminal convictions of an applicant shall be guilty of a

Class A misdemeanor unless release of the information is

authorized by this Section.

(c) The Secretary may permit a course provider to offer

the course online, if the Secretary is satisfied the course

provider has established adequate procedures for verifying:

(1) the identity of the person taking the course

online; and

(2) the person completes the entire course.

(d) The Secretary shall establish a method of electronic

verification of a student's successful completion of the

course.

(e) The fee charged by the course provider must bear a

reasonable relationship to the cost of the course. The

Secretary shall post on the Secretary of State's website a

list of approved course providers, the fees charged by the

providers, and contact information for each provider.

(f) In addition to any other fee charged by the course

provider, the course provider shall collect a fee of $5 from

each student to offset the costs incurred by the Secretary in

administering this program. The $5 shall be submitted to the

Secretary within 14 days of the day on which it was collected.

All such fees received by the Secretary shall be deposited in

the Secretary of State Driver Services Administration Fund.

(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)

(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)

Sec. 6-112. License and Permits to be carried and

exhibited on demand. Every licensee or permittee shall have

his drivers license or permit in his immediate possession at

all times when operating a motor vehicle and, for the purpose

of indicating compliance with this requirement, shall display

such license or permit if it is in his possession upon demand

made, when in uniform or displaying a badge or other sign of

authority, by a member of the Illinois State Police, a sheriff

or other police officer or designated agent of the Secretary

of State. However, no person charged with violating this

Section shall be convicted if he produces in court

satisfactory evidence that a drivers license was theretofore

theretofor issued to him and was valid at the time of his

arrest.

For the purposes of this Section, "display" means the

manual surrender of his license certificate into the hands of

the demanding officer for his inspection thereof.

(Source: P.A. 76-1749.)

(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)

Sec. 6-402. Qualifications of driver training schools. In

order to qualify for a license to operate a driver training

school, each applicant must:

(a) be of good moral character;

(b) be at least 21 years of age;

(c) maintain an established place of business open to

the public which meets the requirements of Section 6-403

through 6-407;

(d) maintain bodily injury and property damage

liability insurance on motor vehicles while used in

driving instruction, insuring the liability of the driving

school, the driving instructors and any person taking

instruction in at least the following amounts: $50,000 for

bodily injury to or death of one person in any one accident

and, subject to said limit for one person, $100,000 for

bodily injury to or death of 2 or more persons in any one

accident and the amount of $10,000 for damage to property

of others in any one accident. Evidence of such insurance

coverage in the form of a certificate from the insurance

carrier shall be filed with the Secretary of State, and

such certificate shall stipulate that the insurance shall

not be cancelled except upon 10 days prior written notice

to the Secretary of State. The decal showing evidence of

insurance shall be affixed to the windshield of the

vehicle;

(e) provide a continuous surety company bond in the

principal sum of $10,000 for a non-accredited school,

$40,000 for a CDL or teenage accredited school, $60,000

for a CDL accredited and teenage accredited school,

$50,000 for a CDL or teenage accredited school with 3 or

more licensed branches, $70,000 for a CDL accredited and

teenage accredited school with 3 or more licensed branches

for the protection of the contractual rights of students

in such form as will meet with the approval of the

Secretary of State and written by a company authorized to

do business in this State. However, the aggregate

liability of the surety for all breaches of the condition

of the bond in no event shall exceed the principal sum of

$10,000 for a non-accredited school, $40,000 for a CDL or

teenage accredited school, $60,000 for a CDL accredited

and teenage accredited school, $50,000 for a CDL or

teenage accredited school with 3 or more licensed

branches, $70,000 for a CDL accredited and teenage

accredited school with 3 or more licensed branches. The

surety on any such bond may cancel such bond on giving 30

days notice thereof in writing to the Secretary of State

and shall be relieved of liability for any breach of any

conditions of the bond which occurs after the effective

date of cancellation;

(f) have the equipment necessary to the giving of

proper instruction in the operation of motor vehicles;

(g) have and use a business telephone listing for all

business purposes;

(h) pay to the Secretary of State an application fee

of $500 and $50 for each branch application; and

(i) authorize an investigation to include a

fingerprint based background check to determine if the

applicant has ever been convicted of a crime and if so, the

disposition of those convictions. The authorization shall

indicate the scope of the inquiry and the agencies that

may be contacted. Upon this authorization, the Secretary

of State may request and receive information and

assistance from any federal, State, or local governmental

agency as part of the authorized investigation. Each

applicant shall have his or her fingerprints submitted to

the Illinois Department of State Police in the form and

manner prescribed by the Illinois Department of State

Police. The fingerprints shall be checked against the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history record information

databases. The Illinois Department of State Police shall

charge a fee for conducting the criminal history records

check, which shall be deposited in the State Police

Services Fund and shall not exceed the actual cost of the

records check. The applicant shall be required to pay all

related fingerprint fees including, but not limited to,

the amounts established by the Illinois Department of

State Police and the Federal Bureau of Investigation to

process fingerprint based criminal background

investigations. The Illinois Department of State Police

shall provide information concerning any criminal

convictions and disposition of criminal convictions

brought against the applicant upon request of the

Secretary of State provided that the request is made in

the form and manner required by the Illinois Department of

the State Police. Unless otherwise prohibited by law, the

information derived from the investigation including the

source of the information and any conclusions or

recommendations derived from the information by the

Secretary of State shall be provided to the applicant, or

his designee, upon request to the Secretary of State,

prior to any final action by the Secretary of State on the

application. Any criminal convictions and disposition

information obtained by the Secretary of State shall be

confidential and may not be transmitted outside the Office

of the Secretary of State, except as required herein, and

may not be transmitted to anyone within the Office of the

Secretary of State except as needed for the purpose of

evaluating the applicant. At any administrative hearing

held under Section 2-118 of this Code relating to the

denial, cancellation, suspension, or revocation of a

driver training school license, the Secretary of State is

authorized to utilize at that hearing any criminal

histories, criminal convictions, and disposition

information obtained under this Section. The information

obtained from the investigation may be maintained by the

Secretary of State or any agency to which the information

was transmitted. Only information and standards, which

bear a reasonable and rational relation to the performance

of a driver training school owner, shall be used by the

Secretary of State. Any employee of the Secretary of State

who gives or causes to be given away any confidential

information concerning any criminal charges or disposition

of criminal charges of an applicant shall be guilty of a

Class A misdemeanor, unless release of the information is

authorized by this Section.

No license shall be issued under this Section to a person

who is a spouse, offspring, sibling, parent, grandparent,

grandchild, uncle or aunt, nephew or niece, cousin, or in-law

of the person whose license to do business at that location has

been revoked or denied or to a person who was an officer or

employee of a business firm that has had its license revoked or

denied, unless the Secretary of State is satisfied the

application was submitted in good faith and not for the

purpose or effect of defeating the intent of this Code.

(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;

96-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff.

7-20-12.)

(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)

Sec. 6-411. Qualifications of Driver Training Instructors.

In order to qualify for a license as an instructor for a

driving school, an applicant must:

(a) Be of good moral character;

(b) Authorize an investigation to include a

fingerprint based background check to determine if the

applicant has ever been convicted of a crime and if so, the

disposition of those convictions; this authorization shall

indicate the scope of the inquiry and the agencies which

may be contacted. Upon this authorization the Secretary of

State may request and receive information and assistance

from any federal, state or local governmental agency as

part of the authorized investigation. Each applicant shall

submit his or her fingerprints to the Illinois Department

of State Police in the form and manner prescribed by the

Illinois Department of State Police. These fingerprints

shall be checked against the fingerprint records now and

hereafter filed in the Illinois Department of State Police

and Federal Bureau of Investigation criminal history

records databases. The Illinois Department of State Police

shall charge a fee for conducting the criminal history

records check, which shall be deposited in the State

Police Services Fund and shall not exceed the actual cost

of the records check. The applicant shall be required to

pay all related fingerprint fees including, but not

limited to, the amounts established by the Illinois

Department of State Police and the Federal Bureau of

Investigation to process fingerprint based criminal

background investigations. The Illinois Department of

State Police shall provide information concerning any

criminal convictions, and their disposition, brought

against the applicant upon request of the Secretary of

State when the request is made in the form and manner

required by the Illinois Department of State Police.

Unless otherwise prohibited by law, the information

derived from this investigation including the source of

this information, and any conclusions or recommendations

derived from this information by the Secretary of State

shall be provided to the applicant, or his designee, upon

request to the Secretary of State, prior to any final

action by the Secretary of State on the application. At

any administrative hearing held under Section 2-118 of

this Code relating to the denial, cancellation,

suspension, or revocation of a driver training school

license, the Secretary of State is authorized to utilize

at that hearing any criminal histories, criminal

convictions, and disposition information obtained under

this Section. Any criminal convictions and their

disposition information obtained by the Secretary of State

shall be confidential and may not be transmitted outside

the Office of the Secretary of State, except as required

herein, and may not be transmitted to anyone within the

Office of the Secretary of State except as needed for the

purpose of evaluating the applicant. The information

obtained from this investigation may be maintained by the

Secretary of State or any agency to which such information

was transmitted. Only information and standards which bear

a reasonable and rational relation to the performance of a

driver training instructor shall be used by the Secretary

of State. Any employee of the Secretary of State who gives

or causes to be given away any confidential information

concerning any criminal charges and their disposition of

an applicant shall be guilty of a Class A misdemeanor

unless release of such information is authorized by this

Section;

(c) Pass such examination as the Secretary of State

shall require on (1) traffic laws, (2) safe driving

practices, (3) operation of motor vehicles, and (4)

qualifications of teacher;

(d) Be physically able to operate safely a motor

vehicle and to train others in the operation of motor

vehicles. An instructors license application must be

accompanied by a medical examination report completed by a

competent physician licensed to practice in the State of

Illinois;

(e) Hold a valid Illinois drivers license;

(f) Have graduated from an accredited high school

after at least 4 years of high school education or the

equivalent; and

(g) Pay to the Secretary of State an application and

license fee of $70.

If a driver training school class room instructor teaches

an approved driver education course, as defined in Section

1-103 of this Code, to students under 18 years of age, he or

she shall furnish to the Secretary of State a certificate

issued by the State Board of Education that the said

instructor is qualified and meets the minimum educational

standards for teaching driver education courses in the local

public or parochial school systems, except that no State Board

of Education certification shall be required of any instructor

who teaches exclusively in a commercial driving school. On and

after July 1, 1986, the existing rules and regulations of the

State Board of Education concerning commercial driving schools

shall continue to remain in effect but shall be administered

by the Secretary of State until such time as the Secretary of

State shall amend or repeal the rules in accordance with the

Illinois Administrative Procedure Act. Upon request, the

Secretary of State shall issue a certificate of completion to

a student under 18 years of age who has completed an approved

driver education course at a commercial driving school.

(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;

97-835, eff. 7-20-12.)

(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)

Sec. 6-508. Commercial Driver's License (CDL) -

qualification standards.

(a) Testing.

(1) General. No person shall be issued an original or

renewal CDL unless that person is domiciled in this State

or is applying for a non-domiciled CDL under Sections

6-509 and 6-510 of this Code. The Secretary shall cause to

be administered such tests as the Secretary deems

necessary to meet the requirements of 49 C.F.R. Part 383,

subparts F, G, H, and J.

(1.5) Effective July 1, 2014, no person shall be

issued an original CDL or an upgraded CDL that requires a

skills test unless that person has held a CLP, for a

minimum of 14 calendar days, for the classification of

vehicle and endorsement, if any, for which the person is

seeking a CDL.

(2) Third party testing. The Secretary of State may

authorize a "third party tester", pursuant to 49 C.F.R.

383.75 and 49 C.F.R. 384.228 and 384.229, to administer

the skills test or tests specified by the Federal Motor

Carrier Safety Administration pursuant to the Commercial

Motor Vehicle Safety Act of 1986 and any appropriate

federal rule.

(3)(i) Effective February 7, 2020, unless the person

is exempted by 49 CFR 380.603, no person shall be issued an

original (first time issuance) CDL, an upgraded CDL or a

school bus (S), passenger (P), or hazardous Materials (H)

endorsement unless the person has successfully completed

entry-level driver training (ELDT) taught by a training

provider listed on the federal Training Provider Registry.

(ii) Persons who obtain a CLP before February 7, 2020

are not required to complete ELDT if the person obtains a

CDL before the CLP or renewed CLP expires.

(iii) Except for persons seeking the H endorsement,

persons must complete the theory and behind-the-wheel

(range and public road) portions of ELDT within one year

of completing the first portion.

(iv) The Secretary shall adopt rules to implement this

subsection.

(b) Waiver of Skills Test. The Secretary of State may

waive the skills test specified in this Section for a driver

applicant for a commercial driver license who meets the

requirements of 49 C.F.R. 383.77. The Secretary of State shall

waive the skills tests specified in this Section for a driver

applicant who has military commercial motor vehicle

experience, subject to the requirements of 49 C.F.R. 383.77.

(b-1) No person shall be issued a CDL unless the person

certifies to the Secretary one of the following types of

driving operations in which he or she will be engaged:

(1) non-excepted interstate;

(2) non-excepted intrastate;

(3) excepted interstate; or

(4) excepted intrastate.

(b-2) (Blank).

(c) Limitations on issuance of a CDL. A CDL shall not be

issued to a person while the person is subject to a

disqualification from driving a commercial motor vehicle, or

unless otherwise permitted by this Code, while the person's

driver's license is suspended, revoked or cancelled in any

state, or any territory or province of Canada; nor may a CLP or

CDL be issued to a person who has a CLP or CDL issued by any

other state, or foreign jurisdiction, nor may a CDL be issued

to a person who has an Illinois CLP unless the person first

surrenders all of these licenses or permits. However, a person

may hold an Illinois CLP and an Illinois CDL providing the CLP

is necessary to train or practice for an endorsement or

vehicle classification not present on the current CDL. No CDL

shall be issued to or renewed for a person who does not meet

the requirement of 49 CFR 391.41(b)(11). The requirement may

be met with the aid of a hearing aid.

(c-1) The Secretary may issue a CDL with a school bus

driver endorsement to allow a person to drive the type of bus

described in subsection (d-5) of Section 6-104 of this Code.

The CDL with a school bus driver endorsement may be issued only

to a person meeting the following requirements:

(1) the person has submitted his or her fingerprints

to the Illinois Department of State Police in the form and

manner prescribed by the Illinois Department of State

Police. These fingerprints shall be checked against the

fingerprint records now and hereafter filed in the

Illinois Department of State Police and Federal Bureau of

Investigation criminal history records databases;

(2) the person has passed a written test, administered

by the Secretary of State, on charter bus operation,

charter bus safety, and certain special traffic laws

relating to school buses determined by the Secretary of

State to be relevant to charter buses, and submitted to a

review of the driver applicant's driving habits by the

Secretary of State at the time the written test is given;

(3) the person has demonstrated physical fitness to

operate school buses by submitting the results of a

medical examination, including tests for drug use; and

(4) the person has not been convicted of committing or

attempting to commit any one or more of the following

offenses: (i) those offenses defined in Sections 8-1.2,

9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,

10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,

11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,

11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,

11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,

11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,

12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,

12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,

12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,

12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,

19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,

24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,

24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in

subsection (b) of Section 8-1, and in subdivisions (a)(1),

(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)

of Section 12-3.05, and in subsection (a) and subsection

(b), clause (1), of Section 12-4, and in subsection (A),

clauses (a) and (b), of Section 24-3, and those offenses

contained in Article 29D of the Criminal Code of 1961 or

the Criminal Code of 2012; (ii) those offenses defined in

the Cannabis Control Act except those offenses defined in

subsections (a) and (b) of Section 4, and subsection (a)

of Section 5 of the Cannabis Control Act; (iii) those

offenses defined in the Illinois Controlled Substances

Act; (iv) those offenses defined in the Methamphetamine

Control and Community Protection Act; (v) any offense

committed or attempted in any other state or against the

laws of the United States, which if committed or attempted

in this State would be punishable as one or more of the

foregoing offenses; (vi) the offenses defined in Sections

4.1 and 5.1 of the Wrongs to Children Act or Section

11-9.1A of the Criminal Code of 1961 or the Criminal Code

of 2012; (vii) those offenses defined in Section 6-16 of

the Liquor Control Act of 1934; and (viii) those offenses

defined in the Methamphetamine Precursor Control Act.

The Illinois Department of State Police shall charge a fee

for conducting the criminal history records check, which shall

be deposited into the State Police Services Fund and may not

exceed the actual cost of the records check.

(c-2) The Secretary shall issue a CDL with a school bus

endorsement to allow a person to drive a school bus as defined

in this Section. The CDL shall be issued according to the

requirements outlined in 49 C.F.R. 383. A person may not

operate a school bus as defined in this Section without a

school bus endorsement. The Secretary of State may adopt rules

consistent with Federal guidelines to implement this

subsection (c-2).

(d) (Blank).

(Source: P.A. 101-185, eff. 1-1-20.)

(625 ILCS 5/8-115) (from Ch. 95 1/2, par. 8-115)

Sec. 8-115. Display of certificate-Enforcement. The

certificate issued pursuant to Section 8-114 shall be

displayed upon a window of the motor vehicle for which it was

issued, in such manner as to be visible to the passengers

carried therein. This Section and Section 8-114 shall be

enforced by the Illinois State Police, the Secretary of State,

and other police officers.

(Source: P.A. 82-433.)

(625 ILCS 5/11-212)

Sec. 11-212. Traffic and pedestrian stop statistical

study.

(a) Whenever a State or local law enforcement officer

issues a uniform traffic citation or warning citation for an

alleged violation of the Illinois Vehicle Code, he or she

shall record at least the following:

(1) the name, address, gender, and the officer's

subjective determination of the race of the person

stopped; the person's race shall be selected from the

following list: American Indian or Alaska Native, Asian,

Black or African American, Hispanic or Latino, Native

Hawaiian or Other Pacific Islander, or White;

(2) the alleged traffic violation that led to the stop

of the motorist;

(3) the make and year of the vehicle stopped;

(4) the date and time of the stop, beginning when the

vehicle was stopped and ending when the driver is free to

leave or taken into physical custody;

(5) the location of the traffic stop;

(5.5) whether or not a consent search contemporaneous

to the stop was requested of the vehicle, driver,

passenger, or passengers; and, if so, whether consent was

given or denied;

(6) whether or not a search contemporaneous to the

stop was conducted of the vehicle, driver, passenger, or

passengers; and, if so, whether it was with consent or by

other means;

(6.2) whether or not a police dog performed a sniff of

the vehicle; and, if so, whether or not the dog alerted to

the presence of contraband; and, if so, whether or not an

officer searched the vehicle; and, if so, whether or not

contraband was discovered; and, if so, the type and amount

of contraband;

(6.5) whether or not contraband was found during a

search; and, if so, the type and amount of contraband

seized; and

(7) the name and badge number of the issuing officer.

(b) Whenever a State or local law enforcement officer

stops a motorist for an alleged violation of the Illinois

Vehicle Code and does not issue a uniform traffic citation or

warning citation for an alleged violation of the Illinois

Vehicle Code, he or she shall complete a uniform stop card,

which includes field contact cards, or any other existing form

currently used by law enforcement containing information

required pursuant to this Act, that records at least the

following:

(1) the name, address, gender, and the officer's

subjective determination of the race of the person

stopped; the person's race shall be selected from the

following list: American Indian or Alaska Native, Asian,

Black or African American, Hispanic or Latino, Native

Hawaiian or Other Pacific Islander, or White;

(2) the reason that led to the stop of the motorist;

(3) the make and year of the vehicle stopped;

(4) the date and time of the stop, beginning when the

vehicle was stopped and ending when the driver is free to

leave or taken into physical custody;

(5) the location of the traffic stop;

(5.5) whether or not a consent search contemporaneous

to the stop was requested of the vehicle, driver,

passenger, or passengers; and, if so, whether consent was

given or denied;

(6) whether or not a search contemporaneous to the

stop was conducted of the vehicle, driver, passenger, or

passengers; and, if so, whether it was with consent or by

other means;

(6.2) whether or not a police dog performed a sniff of

the vehicle; and, if so, whether or not the dog alerted to

the presence of contraband; and, if so, whether or not an

officer searched the vehicle; and, if so, whether or not

contraband was discovered; and, if so, the type and amount

of contraband;

(6.5) whether or not contraband was found during a

search; and, if so, the type and amount of contraband

seized; and

(7) the name and badge number of the issuing officer.

(b-5) For purposes of this subsection (b-5), "detention"

means all frisks, searches, summons, and arrests. Whenever a

law enforcement officer subjects a pedestrian to detention in

a public place, he or she shall complete a uniform pedestrian

stop card, which includes any existing form currently used by

law enforcement containing all the information required under

this Section, that records at least the following:

(1) the gender, and the officer's subjective

determination of the race of the person stopped; the

person's race shall be selected from the following list:

American Indian or Alaska Native, Asian, Black or African

American, Hispanic or Latino, Native Hawaiian or Other

Pacific Islander, or White;

(2) all the alleged reasons that led to the stop of the

person;

(3) the date and time of the stop;

(4) the location of the stop;

(5) whether or not a protective pat down or frisk was

conducted of the person; and, if so, all the alleged

reasons that led to the protective pat down or frisk, and

whether it was with consent or by other means;

(6) whether or not contraband was found during the

protective pat down or frisk; and, if so, the type and

amount of contraband seized;

(7) whether or not a search beyond a protective pat

down or frisk was conducted of the person or his or her

effects; and, if so, all the alleged reasons that led to

the search, and whether it was with consent or by other

means;

(8) whether or not contraband was found during the

search beyond a protective pat down or frisk; and, if so,

the type and amount of contraband seized;

(9) the disposition of the stop, such as a warning, a

ticket, a summons, or an arrest;

(10) if a summons or ticket was issued, or an arrest

made, a record of the violations, offenses, or crimes

alleged or charged; and

(11) the name and badge number of the officer who

conducted the detention.

This subsection (b-5) does not apply to searches or

inspections for compliance authorized under the Fish and

Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,

or searches or inspections during routine security screenings

at facilities or events.

(c) The Illinois Department of Transportation shall

provide a standardized law enforcement data compilation form

on its website.

(d) Every law enforcement agency shall, by March 1 with

regard to data collected during July through December of the

previous calendar year and by August 1 with regard to data

collected during January through June of the current calendar

year, compile the data described in subsections (a), (b), and

(b-5) on the standardized law enforcement data compilation

form provided by the Illinois Department of Transportation and

transmit the data to the Department.

(e) The Illinois Department of Transportation shall

analyze the data provided by law enforcement agencies required

by this Section and submit a report of the previous year's

findings to the Governor, the General Assembly, the Racial

Profiling Prevention and Data Oversight Board, and each law

enforcement agency no later than July 1 of each year. The

Illinois Department of Transportation may contract with an

outside entity for the analysis of the data provided. In

analyzing the data collected under this Section, the analyzing

entity shall scrutinize the data for evidence of statistically

significant aberrations. The following list, which is

illustrative, and not exclusive, contains examples of areas in

which statistically significant aberrations may be found:

(1) The percentage of minority drivers, passengers, or

pedestrians being stopped in a given area is substantially

higher than the proportion of the overall population in or

traveling through the area that the minority constitutes.

(2) A substantial number of false stops including

stops not resulting in the issuance of a traffic ticket or

the making of an arrest.

(3) A disparity between the proportion of citations

issued to minorities and proportion of minorities in the

population.

(4) A disparity among the officers of the same law

enforcement agency with regard to the number of minority

drivers, passengers, or pedestrians being stopped in a

given area.

(5) A disparity between the frequency of searches

performed on minority drivers or pedestrians and the

frequency of searches performed on non-minority drivers or

pedestrians.

(f) Any law enforcement officer identification information

and driver or pedestrian identification information that is

compiled by any law enforcement agency or the Illinois

Department of Transportation pursuant to this Act for the

purposes of fulfilling the requirements of this Section shall

be confidential and exempt from public inspection and copying,

as provided under Section 7 of the Freedom of Information Act,

and the information shall not be transmitted to anyone except

as needed to comply with this Section. This Section shall not

exempt those materials that, prior to the effective date of

this amendatory Act of the 93rd General Assembly, were

available under the Freedom of Information Act. This

subsection (f) shall not preclude law enforcement agencies

from reviewing data to perform internal reviews.

(g) Funding to implement this Section shall come from

federal highway safety funds available to Illinois, as

directed by the Governor.

(h) The Illinois Criminal Justice Information Authority,

in consultation with law enforcement agencies, officials, and

organizations, including Illinois chiefs of police, the

Illinois Department of State Police, the Illinois Sheriffs

Association, and the Chicago Police Department, and community

groups and other experts, shall undertake a study to determine

the best use of technology to collect, compile, and analyze

the traffic stop statistical study data required by this

Section. The Department shall report its findings and

recommendations to the Governor and the General Assembly by

March 1, 2022.

(h-1) The Traffic and Pedestrian Stop Data Use and

Collection Task Force is hereby created.

(1) The Task Force shall undertake a study to

determine the best use of technology to collect, compile,

and analyze the traffic stop statistical study data

required by this Section.

(2) The Task Force shall be an independent Task Force

under the Illinois Criminal Justice Information Authority

for administrative purposes, and shall consist of the

following members:

(A) 2 academics or researchers who have studied

issues related to traffic or pedestrian stop data

collection and have education or expertise in

statistics;

(B) one professor from an Illinois university who

specializes in policing and racial equity;

(C) one representative from the Illinois State

Police;

(D) one representative from the Chicago Police

Department;

(E) one representative from the Illinois Chiefs of

Police;

(F) one representative from the Illinois Sheriffs

Association;

(G) one representative from the Chicago Fraternal

Order of Police;

(H) one representative from the Illinois Fraternal

Order of Police;

(I) the Executive Director of the American Civil

Liberties Union of Illinois, or his or her designee;

and

(J) 5 representatives from different community

organizations who specialize in civil or human rights,

policing, or criminal justice reform work, and that

represent a range of minority interests or different

parts of the State.

(3) The Illinois Criminal Justice Information

Authority may consult, contract, work in conjunction with,

and obtain any information from any individual, agency,

association, or research institution deemed appropriate by

the Authority.

(4) The Task Force shall report its findings and

recommendations to the Governor and the General Assembly

by March 1, 2022 and every 3 years after.

(h-5) For purposes of this Section:

(1) "American Indian or Alaska Native" means a person

having origins in any of the original peoples of North and

South America, including Central America, and who

maintains tribal affiliation or community attachment.

(2) "Asian" means a person having origins in any of

the original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam.

(2.5) "Badge" means an officer's department issued

identification number associated with his or her position

as a police officer with that department.

(3) "Black or African American" means a person having

origins in any of the black racial groups of Africa. Terms

such as "Haitian" or "Negro" can be used in addition to

"Black or African American".

(4) "Hispanic or Latino" means a person of Cuban,

Mexican, Puerto Rican, South or Central American, or other

Spanish culture or origin, regardless of race.

(5) "Native Hawaiian or Other Pacific Islander" means

a person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands.

(6) "White" means a person having origins in any of

the original peoples of Europe, the Middle East, or North

Africa.

(i) (Blank).

(Source: P.A. 101-24, eff. 6-21-19.)

(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)

Sec. 11-416. Furnishing copies - Fees. The Illinois

Department of State Police may furnish copies of an Illinois

State Police Traffic Accident Report that has been

investigated by the Illinois State Police and shall be paid a

fee of $5 for each such copy, or in the case of an accident

which was investigated by an accident reconstruction officer

or accident reconstruction team, a fee of $20 shall be paid.

These fees shall be deposited into the State Police Services

Fund.

Other State law enforcement agencies or law enforcement

agencies of local authorities may furnish copies of traffic

accident reports prepared by such agencies and may receive a

fee not to exceed $5 for each copy or in the case of an

accident which was investigated by an accident reconstruction

officer or accident reconstruction team, the State or local

law enforcement agency may receive a fee not to exceed $20.

Any written accident report required or requested to be

furnished the Administrator shall be provided without cost or

fee charges authorized under this Section or any other

provision of law.

(Source: P.A. 101-571, eff. 8-23-19.)

(625 ILCS 5/11-501.01)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final

sentencing or an order for supervision, for an offense based

upon an arrest for a violation of Section 11-501 or a similar

provision of a local ordinance, individuals shall be required

to undergo a professional evaluation to determine if an

alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these

evaluations shall be licensed by the Department of Human

Services. The cost of any professional evaluation shall be

paid for by the individual required to undergo the

professional evaluation.

(b) Any person who is found guilty of or pleads guilty to

violating Section 11-501, including any person receiving a

disposition of court supervision for violating that Section,

may be required by the Court to attend a victim impact panel

offered by, or under contract with, a county State's

Attorney's office, a probation and court services department,

Mothers Against Drunk Driving, or the Alliance Against

Intoxicated Motorists. All costs generated by the victim

impact panel shall be paid from fees collected from the

offender or as may be determined by the court.

(c) (Blank).

(d) The Secretary of State shall revoke the driving

privileges of any person convicted under Section 11-501 or a

similar provision of a local ordinance.

(e) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years

on all vehicles owned by a person who has been convicted of a

second or subsequent offense of Section 11-501 or a similar

provision of a local ordinance. The person must pay to the

Secretary of State DUI Administration Fund an amount not to

exceed $30 for each month that he or she uses the device. The

Secretary shall establish by rule and regulation the

procedures for certification and use of the interlock system,

the amount of the fee, and the procedures, terms, and

conditions relating to these fees. During the time period in

which a person is required to install an ignition interlock

device under this subsection (e), that person shall only

operate vehicles in which ignition interlock devices have been

installed, except as allowed by subdivision (c)(5) or (d)(5)

of Section 6-205 of this Code.

(f) (Blank).

(g) The Secretary of State Police DUI Fund is created as a

special fund in the State treasury and, subject to

appropriation, shall be used for enforcement and prevention of

driving while under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds or any combination

thereof, as defined by Section 11-501 of this Code, including,

but not limited to, the purchase of law enforcement equipment

and commodities to assist in the prevention of alcohol-related

criminal violence throughout the State; police officer

training and education in areas related to alcohol-related

crime, including, but not limited to, DUI training; and police

officer salaries, including, but not limited to, salaries for

hire back funding for safety checkpoints, saturation patrols,

and liquor store sting operations.

(h) Whenever an individual is sentenced for an offense

based upon an arrest for a violation of Section 11-501 or a

similar provision of a local ordinance, and the professional

evaluation recommends remedial or rehabilitative treatment or

education, neither the treatment nor the education shall be

the sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor

compliance with any remedial education or treatment

recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or

remedial education must be licensed by the Department of Human

Services. If the individual is not a resident of Illinois,

however, the court may accept an alcohol or other drug

evaluation or remedial education program in the individual's

state of residence. Programs providing treatment must be

licensed under existing applicable alcoholism and drug

treatment licensure standards.

(i) (Blank).

(j) A person that is subject to a chemical test or tests of

blood under subsection (a) of Section 11-501.1 or subdivision

(c)(2) of Section 11-501.2 of this Code, whether or not that

person consents to testing, shall be liable for the expense up

to $500 for blood withdrawal by a physician authorized to

practice medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, a

trained phlebotomist, a licensed paramedic, or a qualified

person other than a police officer approved by the Illinois

Department of State Police to withdraw blood, who responds,

whether at a law enforcement facility or a health care

facility, to a police department request for the drawing of

blood based upon refusal of the person to submit to a lawfully

requested breath test or probable cause exists to believe the

test would disclose the ingestion, consumption, or use of

drugs or intoxicating compounds if:

(1) the person is found guilty of violating Section

11-501 of this Code or a similar provision of a local

ordinance; or

(2) the person pleads guilty to or stipulates to facts

supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or

stipulation was the result of a plea agreement in which

the person was originally charged with violating Section

11-501 of this Code or a similar local ordinance.

(Source: P.A. 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;

101-81, eff. 7-12-19.)

(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)

Sec. 11-501.2. Chemical and other tests.

(a) Upon the trial of any civil or criminal action or

proceeding arising out of an arrest for an offense as defined

in Section 11-501 or a similar local ordinance or proceedings

pursuant to Section 2-118.1, evidence of the concentration of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof in a person's blood or

breath at the time alleged, as determined by analysis of the

person's blood, urine, breath, or other bodily substance,

shall be admissible. Where such test is made the following

provisions shall apply:

1. Chemical analyses of the person's blood, urine,

breath, or other bodily substance to be considered valid

under the provisions of this Section shall have been

performed according to standards promulgated by the

Illinois Department of State Police by a licensed

physician, registered nurse, trained phlebotomist,

licensed paramedic, or other individual possessing a valid

permit issued by that Department for this purpose. The

Director of the Illinois State Police is authorized to

approve satisfactory techniques or methods, to ascertain

the qualifications and competence of individuals to

conduct such analyses, to issue permits which shall be

subject to termination or revocation at the discretion of

that Department and to certify the accuracy of breath

testing equipment. The Illinois Department of State Police

shall prescribe regulations as necessary to implement this

Section.

2. When a person in this State shall submit to a blood

test at the request of a law enforcement officer under the

provisions of Section 11-501.1, only a physician

authorized to practice medicine, a licensed physician

assistant, a licensed advanced practice registered nurse,

a registered nurse, trained phlebotomist, or licensed

paramedic, or other qualified person approved by the

Illinois Department of State Police may withdraw blood for

the purpose of determining the alcohol, drug, or alcohol

and drug content therein. This limitation shall not apply

to the taking of breath, other bodily substance, or urine

specimens.

When a blood test of a person who has been taken to an

adjoining state for medical treatment is requested by an

Illinois law enforcement officer, the blood may be

withdrawn only by a physician authorized to practice

medicine in the adjoining state, a licensed physician

assistant, a licensed advanced practice registered nurse,

a registered nurse, a trained phlebotomist acting under

the direction of the physician, or licensed paramedic. The

law enforcement officer requesting the test shall take

custody of the blood sample, and the blood sample shall be

analyzed by a laboratory certified by the Illinois

Department of State Police for that purpose.

3. The person tested may have a physician, or a

qualified technician, chemist, registered nurse, or other

qualified person of their own choosing administer a

chemical test or tests in addition to any administered at

the direction of a law enforcement officer. The failure or

inability to obtain an additional test by a person shall

not preclude the admission of evidence relating to the

test or tests taken at the direction of a law enforcement

officer.

4. Upon the request of the person who shall submit to a

chemical test or tests at the request of a law enforcement

officer, full information concerning the test or tests

shall be made available to the person or such person's

attorney.

5. Alcohol concentration shall mean either grams of

alcohol per 100 milliliters of blood or grams of alcohol

per 210 liters of breath.

6. Tetrahydrocannabinol concentration means either 5

nanograms or more of delta-9-tetrahydrocannabinol per

milliliter of whole blood or 10 nanograms or more of

delta-9-tetrahydrocannabinol per milliliter of other

bodily substance.

(a-5) Law enforcement officials may use validated roadside

chemical tests or standardized field sobriety tests approved

by the National Highway Traffic Safety Administration when

conducting investigations of a violation of Section 11-501 or

similar local ordinance by drivers suspected of driving under

the influence of cannabis. The General Assembly finds that (i)

validated roadside chemical tests are effective means to

determine if a person is under the influence of cannabis and

(ii) standardized field sobriety tests approved by the

National Highway Traffic Safety Administration are divided

attention tasks that are intended to determine if a person is

under the influence of cannabis. The purpose of these tests is

to determine the effect of the use of cannabis on a person's

capacity to think and act with ordinary care and therefore

operate a motor vehicle safely. Therefore, the results of

these validated roadside chemical tests and standardized field

sobriety tests, appropriately administered, shall be

admissible in the trial of any civil or criminal action or

proceeding arising out of an arrest for a cannabis-related

offense as defined in Section 11-501 or a similar local

ordinance or proceedings under Section 2-118.1 or 2-118.2.

Where a test is made the following provisions shall apply:

1. The person tested may have a physician, or a

qualified technician, chemist, registered nurse, or other

qualified person of their own choosing administer a

chemical test or tests in addition to the standardized

field sobriety test or tests administered at the direction

of a law enforcement officer. The failure or inability to

obtain an additional test by a person does not preclude

the admission of evidence relating to the test or tests

taken at the direction of a law enforcement officer.

2. Upon the request of the person who shall submit to

validated roadside chemical tests or a standardized field

sobriety test or tests at the request of a law enforcement

officer, full information concerning the test or tests

shall be made available to the person or the person's

attorney.

3. At the trial of any civil or criminal action or

proceeding arising out of an arrest for an offense as

defined in Section 11-501 or a similar local ordinance or

proceedings under Section 2-118.1 or 2-118.2 in which the

results of these validated roadside chemical tests or

standardized field sobriety tests are admitted, the person

may present and the trier of fact may consider evidence

that the person lacked the physical capacity to perform

the validated roadside chemical tests or standardized

field sobriety tests.

(b) Upon the trial of any civil or criminal action or

proceeding arising out of acts alleged to have been committed

by any person while driving or in actual physical control of a

vehicle while under the influence of alcohol, the

concentration of alcohol in the person's blood or breath at

the time alleged as shown by analysis of the person's blood,

urine, breath, or other bodily substance shall give rise to

the following presumptions:

1. If there was at that time an alcohol concentration

of 0.05 or less, it shall be presumed that the person was

not under the influence of alcohol.

2. If there was at that time an alcohol concentration

in excess of 0.05 but less than 0.08, such facts shall not

give rise to any presumption that the person was or was not

under the influence of alcohol, but such fact may be

considered with other competent evidence in determining

whether the person was under the influence of alcohol.

3. If there was at that time an alcohol concentration

of 0.08 or more, it shall be presumed that the person was

under the influence of alcohol.

4. The foregoing provisions of this Section shall not

be construed as limiting the introduction of any other

relevant evidence bearing upon the question whether the

person was under the influence of alcohol.

(b-5) Upon the trial of any civil or criminal action or

proceeding arising out of acts alleged to have been committed

by any person while driving or in actual physical control of a

vehicle while under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds or any combination

thereof, the concentration of cannabis in the person's whole

blood or other bodily substance at the time alleged as shown by

analysis of the person's blood or other bodily substance shall

give rise to the following presumptions:

1. If there was a tetrahydrocannabinol concentration

of 5 nanograms or more in whole blood or 10 nanograms or

more in an other bodily substance as defined in this

Section, it shall be presumed that the person was under

the influence of cannabis.

2. If there was at that time a tetrahydrocannabinol

concentration of less than 5 nanograms in whole blood or

less than 10 nanograms in an other bodily substance, such

facts shall not give rise to any presumption that the

person was or was not under the influence of cannabis, but

such fact may be considered with other competent evidence

in determining whether the person was under the influence

of cannabis.

(c) 1. If a person under arrest refuses to submit to a

chemical test under the provisions of Section 11-501.1,

evidence of refusal shall be admissible in any civil or

criminal action or proceeding arising out of acts alleged to

have been committed while the person under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof was driving or in actual

physical control of a motor vehicle.

2. Notwithstanding any ability to refuse under this Code

to submit to these tests or any ability to revoke the implied

consent to these tests, if a law enforcement officer has

probable cause to believe that a motor vehicle driven by or in

actual physical control of a person under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof has caused the death or

personal injury to another, the law enforcement officer shall

request, and that person shall submit, upon the request of a

law enforcement officer, to a chemical test or tests of his or

her blood, breath, other bodily substance, or urine for the

purpose of determining the alcohol content thereof or the

presence of any other drug or combination of both.

This provision does not affect the applicability of or

imposition of driver's license sanctions under Section

11-501.1 of this Code.

3. For purposes of this Section, a personal injury

includes any Type A injury as indicated on the traffic

accident report completed by a law enforcement officer that

requires immediate professional attention in either a doctor's

office or a medical facility. A Type A injury includes severe

bleeding wounds, distorted extremities, and injuries that

require the injured party to be carried from the scene.

(d) If a person refuses validated roadside chemical tests

or standardized field sobriety tests under Section 11-501.9 of

this Code, evidence of refusal shall be admissible in any

civil or criminal action or proceeding arising out of acts

committed while the person was driving or in actual physical

control of a vehicle and alleged to have been impaired by the

use of cannabis.

(e) Illinois Department of State Police compliance with

the changes in this amendatory Act of the 99th General

Assembly concerning testing of other bodily substances and

tetrahydrocannabinol concentration by Illinois Department of

State Police laboratories is subject to appropriation and

until the Illinois Department of State Police adopt standards

and completion validation. Any laboratories that test for the

presence of cannabis or other drugs under this Article, the

Snowmobile Registration and Safety Act, or the Boat

Registration and Safety Act must comply with ISO/IEC

17025:2005.

(Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)

(625 ILCS 5/11-501.4-1)

Sec. 11-501.4-1. Reporting of test results of blood, other

bodily substance, or urine conducted in the regular course of

providing emergency medical treatment.

(a) Notwithstanding any other provision of law, the

results of blood, other bodily substance, or urine tests

performed for the purpose of determining the content of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof, in an individual's

blood, other bodily substance, or urine conducted upon persons

receiving medical treatment in a hospital emergency room for

injuries resulting from a motor vehicle accident shall be

disclosed to the Illinois Department of State Police or local

law enforcement agencies of jurisdiction, upon request. Such

blood, other bodily substance, or urine tests are admissible

in evidence as a business record exception to the hearsay rule

only in prosecutions for any violation of Section 11-501 of

this Code or a similar provision of a local ordinance, or in

prosecutions for reckless homicide brought under the Criminal

Code of 1961 or the Criminal Code of 2012.

(b) The confidentiality provisions of law pertaining to

medical records and medical treatment shall not be applicable

with regard to tests performed upon an individual's blood,

other bodily substance, or urine under the provisions of

subsection (a) of this Section. No person shall be liable for

civil damages or professional discipline as a result of the

disclosure or reporting of the tests or the evidentiary use of

an individual's blood, other bodily substance, or urine test

results under this Section or Section 11-501.4 or as a result

of that person's testimony made available under this Section

or Section 11-501.4, except for willful or wanton misconduct.

(Source: P.A. 99-697, eff. 7-29-16.)

(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)

Sec. 11-501.5. Preliminary Breath Screening Test.

(a) If a law enforcement officer has reasonable suspicion

to believe that a person is violating or has violated Section

11-501 or a similar provision of a local ordinance, the

officer, prior to an arrest, may request the person to provide

a sample of his or her breath for a preliminary breath

screening test using a portable device approved by the

Illinois Department of State Police. The person may refuse the

test. The results of this preliminary breath screening test

may be used by the law enforcement officer for the purpose of

assisting with the determination of whether to require a

chemical test as authorized under Sections 11-501.1 and

11-501.2, and the appropriate type of test to request. Any

chemical test authorized under Sections 11-501.1 and 11-501.2

may be requested by the officer regardless of the result of the

preliminary breath screening test, if probable cause for an

arrest exists. The result of a preliminary breath screening

test may be used by the defendant as evidence in any

administrative or court proceeding involving a violation of

Section 11-501 or 11-501.1.

(b) The Illinois Department of State Police shall create a

pilot program to establish the effectiveness of pupillometer

technology (the measurement of the pupil's reaction to light)

as a noninvasive technique to detect and measure possible

impairment of any person who drives or is in actual physical

control of a motor vehicle resulting from the suspected usage

of alcohol, other drug or drugs, intoxicating compound or

compounds or any combination thereof. This technology shall

also be used to detect fatigue levels of the operator of a

Commercial Motor Vehicle as defined in Section 6-500(6),

pursuant to Section 18b-105 (Part 395-Hours of Service of

Drivers) of the Illinois Vehicle Code. A State Police officer

may request that the operator of a commercial motor vehicle

have his or her eyes examined or tested with a pupillometer

device. The person may refuse the examination or test. The

State Police officer shall have the device readily available

to limit undue delays.

If a State Police officer has reasonable suspicion to

believe that a person is violating or has violated Section

11-501, the officer may use the pupillometer technology, when

available. The officer, prior to an arrest, may request the

person to have his or her eyes examined or tested with a

pupillometer device. The person may refuse the examination or

test. The results of this examination or test may be used by

the officer for the purpose of assisting with the

determination of whether to require a chemical test as

authorized under Sections 11-501.1 and 11-501.2 and the

appropriate type of test to request. Any chemical test

authorized under Sections 11-501.1 and 11-501.2 may be

requested by the officer regardless of the result of the

pupillometer examination or test, if probable cause for an

arrest exists. The result of the examination or test may be

used by the defendant as evidence in any administrative or

court proceeding involving a violation of 11-501 or 11-501.1.

The pilot program shall last for a period of 18 months and

involve the testing of 15 pupillometer devices. Within 90 days

of the completion of the pilot project, the Illinois

Department of State Police shall file a report with the

President of the Senate and Speaker of the House evaluating

the project.

(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00;

92-16, eff. 6-28-01.)

(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

Sec. 11-501.6. Driver involvement in personal injury or

fatal motor vehicle accident; chemical test.

(a) Any person who drives or is in actual control of a

motor vehicle upon the public highways of this State and who

has been involved in a personal injury or fatal motor vehicle

accident, shall be deemed to have given consent to a breath

test using a portable device as approved by the Illinois

Department of State Police or to a chemical test or tests of

blood, breath, other bodily substance, or urine for the

purpose of determining the content of alcohol, other drug or

drugs, or intoxicating compound or compounds of such person's

blood if arrested as evidenced by the issuance of a Uniform

Traffic Ticket for any violation of the Illinois Vehicle Code

or a similar provision of a local ordinance, with the

exception of equipment violations contained in Chapter 12 of

this Code, or similar provisions of local ordinances. The test

or tests shall be administered at the direction of the

arresting officer. The law enforcement agency employing the

officer shall designate which of the aforesaid tests shall be

administered. Up to 2 additional tests of urine or other

bodily substance may be administered even after a blood or

breath test or both has been administered. Compliance with

this Section does not relieve such person from the

requirements of Section 11-501.1 of this Code.

(b) Any person who is dead, unconscious or who is

otherwise in a condition rendering such person incapable of

refusal shall be deemed not to have withdrawn the consent

provided by subsection (a) of this Section. In addition, if a

driver of a vehicle is receiving medical treatment as a result

of a motor vehicle accident, any physician licensed to

practice medicine, licensed physician assistant, licensed

advanced practice registered nurse, registered nurse or a

phlebotomist acting under the direction of a licensed

physician shall withdraw blood for testing purposes to

ascertain the presence of alcohol, other drug or drugs, or

intoxicating compound or compounds, upon the specific request

of a law enforcement officer. However, no such testing shall

be performed until, in the opinion of the medical personnel on

scene, the withdrawal can be made without interfering with or

endangering the well-being of the patient.

(c) A person requested to submit to a test as provided

above shall be warned by the law enforcement officer

requesting the test that a refusal to submit to the test, or

submission to the test resulting in an alcohol concentration

of 0.08 or more, or testing discloses the presence of cannabis

as listed in the Cannabis Control Act with a

tetrahydrocannabinol concentration as defined in paragraph 6

of subsection (a) of Section 11-501.2 of this Code, or any

amount of a drug, substance, or intoxicating compound

resulting from the unlawful use or consumption of a controlled

substance listed in the Illinois Controlled Substances Act, an

intoxicating compound listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act as

detected in such person's blood, other bodily substance, or

urine, may result in the suspension of such person's privilege

to operate a motor vehicle. If the person is also a CDL holder,

he or she shall be warned by the law enforcement officer

requesting the test that a refusal to submit to the test, or

submission to the test resulting in an alcohol concentration

of 0.08 or more, or any amount of a drug, substance, or

intoxicating compound resulting from the unlawful use or

consumption of cannabis, as covered by the Cannabis Control

Act, a controlled substance listed in the Illinois Controlled

Substances Act, an intoxicating compound listed in the Use of

Intoxicating Compounds Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act as

detected in the person's blood, other bodily substance, or

urine, may result in the disqualification of the person's

privilege to operate a commercial motor vehicle, as provided

in Section 6-514 of this Code. The length of the suspension

shall be the same as outlined in Section 6-208.1 of this Code

regarding statutory summary suspensions.

A person requested to submit to a test shall also

acknowledge, in writing, receipt of the warning required under

this Section. If the person refuses to acknowledge receipt of

the warning, the law enforcement officer shall make a written

notation on the warning that the person refused to sign the

warning. A person's refusal to sign the warning shall not be

evidence that the person was not read the warning.

(d) If the person refuses testing or submits to a test

which discloses an alcohol concentration of 0.08 or more, the

presence of cannabis as listed in the Cannabis Control Act

with a tetrahydrocannabinol concentration as defined in

paragraph 6 of subsection (a) of Section 11-501.2 of this

Code, or any amount of a drug, substance, or intoxicating

compound in such person's blood or urine resulting from the

unlawful use or consumption of a controlled substance listed

in the Illinois Controlled Substances Act, an intoxicating

compound listed in the Use of Intoxicating Compounds Act, or

methamphetamine as listed in the Methamphetamine Control and

Community Protection Act, the law enforcement officer shall

immediately submit a sworn report to the Secretary of State on

a form prescribed by the Secretary, certifying that the test

or tests were requested under subsection (a) and the person

refused to submit to a test or tests or submitted to testing

which disclosed an alcohol concentration of 0.08 or more, the

presence of cannabis as listed in the Cannabis Control Act

with a tetrahydrocannabinol concentration as defined in

paragraph 6 of subsection (a) of Section 11-501.2 of this

Code, or any amount of a drug, substance, or intoxicating

compound in such person's blood, other bodily substance, or

urine, resulting from the unlawful use or consumption of a

controlled substance listed in the Illinois Controlled

Substances Act, an intoxicating compound listed in the Use of

Intoxicating Compounds Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act. If

the person is also a CDL holder and refuses testing or submits

to a test which discloses an alcohol concentration of 0.08 or

more, or any amount of a drug, substance, or intoxicating

compound in the person's blood, other bodily substance, or

urine resulting from the unlawful use or consumption of

cannabis listed in the Cannabis Control Act, a controlled

substance listed in the Illinois Controlled Substances Act, an

intoxicating compound listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act, the law

enforcement officer shall immediately submit a sworn report to

the Secretary of State on a form prescribed by the Secretary,

certifying that the test or tests were requested under

subsection (a) and the person refused to submit to a test or

tests or submitted to testing which disclosed an alcohol

concentration of 0.08 or more, or any amount of a drug,

substance, or intoxicating compound in such person's blood,

other bodily substance, or urine, resulting from the unlawful

use or consumption of cannabis listed in the Cannabis Control

Act, a controlled substance listed in the Illinois Controlled

Substances Act, an intoxicating compound listed in the Use of

Intoxicating Compounds Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary shall enter the suspension and

disqualification to the individual's driving record and the

suspension and disqualification shall be effective on the 46th

day following the date notice of the suspension was given to

the person.

The law enforcement officer submitting the sworn report

shall serve immediate notice of this suspension on the person

and such suspension and disqualification shall be effective on

the 46th day following the date notice was given.

In cases involving a person who is not a CDL holder where

the blood alcohol concentration of 0.08 or more, or blood

testing discloses the presence of cannabis as listed in the

Cannabis Control Act with a tetrahydrocannabinol concentration

as defined in paragraph 6 of subsection (a) of Section

11-501.2 of this Code, or any amount of a drug, substance, or

intoxicating compound resulting from the unlawful use or

consumption of a controlled substance listed in the Illinois

Controlled Substances Act, an intoxicating compound listed in

the Use of Intoxicating Compounds Act, or methamphetamine as

listed in the Methamphetamine Control and Community Protection

Act, is established by a subsequent analysis of blood, other

bodily substance, or urine collected at the time of arrest,

the arresting officer shall give notice as provided in this

Section or by deposit in the United States mail of such notice

in an envelope with postage prepaid and addressed to such

person at his or her address as shown on the Uniform Traffic

Ticket and the suspension shall be effective on the 46th day

following the date notice was given.

In cases involving a person who is a CDL holder where the

blood alcohol concentration of 0.08 or more, or any amount of a

drug, substance, or intoxicating compound resulting from the

unlawful use or consumption of cannabis as listed in the

Cannabis Control Act, a controlled substance listed in the

Illinois Controlled Substances Act, an intoxicating compound

listed in the Use of Intoxicating Compounds Act, or

methamphetamine as listed in the Methamphetamine Control and

Community Protection Act, is established by a subsequent

analysis of blood, other bodily substance, or urine collected

at the time of arrest, the arresting officer shall give notice

as provided in this Section or by deposit in the United States

mail of such notice in an envelope with postage prepaid and

addressed to the person at his or her address as shown on the

Uniform Traffic Ticket and the suspension and disqualification

shall be effective on the 46th day following the date notice

was given.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary shall also give notice of the

suspension and disqualification to the driver by mailing a

notice of the effective date of the suspension and

disqualification to the individual. However, should the sworn

report be defective by not containing sufficient information

or be completed in error, the notice of the suspension and

disqualification shall not be mailed to the person or entered

to the driving record, but rather the sworn report shall be

returned to the issuing law enforcement agency.

(e) A driver may contest this suspension of his or her

driving privileges and disqualification of his or her CDL

privileges by requesting an administrative hearing with the

Secretary in accordance with Section 2-118 of this Code. At

the conclusion of a hearing held under Section 2-118 of this

Code, the Secretary may rescind, continue, or modify the

orders of suspension and disqualification. If the Secretary

does not rescind the orders of suspension and

disqualification, a restricted driving permit may be granted

by the Secretary upon application being made and good cause

shown. A restricted driving permit may be granted to relieve

undue hardship to allow driving for employment, educational,

and medical purposes as outlined in Section 6-206 of this

Code. The provisions of Section 6-206 of this Code shall

apply. In accordance with 49 C.F.R. 384, the Secretary of

State may not issue a restricted driving permit for the

operation of a commercial motor vehicle to a person holding a

CDL whose driving privileges have been suspended, revoked,

cancelled, or disqualified.

(f) (Blank).

(g) For the purposes of this Section, a personal injury

shall include any type A injury as indicated on the traffic

accident report completed by a law enforcement officer that

requires immediate professional attention in either a doctor's

office or a medical facility. A type A injury shall include

severely bleeding wounds, distorted extremities, and injuries

that require the injured party to be carried from the scene.

(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;

100-513, eff. 1-1-18.)

(625 ILCS 5/11-501.8)

Sec. 11-501.8. Suspension of driver's license; persons

under age 21.

(a) A person who is less than 21 years of age and who

drives or is in actual physical control of a motor vehicle upon

the public highways of this State shall be deemed to have given

consent to a chemical test or tests of blood, breath, other

bodily substance, or urine for the purpose of determining the

alcohol content of the person's blood if arrested, as

evidenced by the issuance of a Uniform Traffic Ticket for any

violation of the Illinois Vehicle Code or a similar provision

of a local ordinance, if a police officer has probable cause to

believe that the driver has consumed any amount of an

alcoholic beverage based upon evidence of the driver's

physical condition or other first hand knowledge of the police

officer. The test or tests shall be administered at the

direction of the arresting officer. The law enforcement agency

employing the officer shall designate which of the aforesaid

tests shall be administered. Up to 2 additional tests of urine

or other bodily substance may be administered even after a

blood or breath test or both has been administered.

(b) A person who is dead, unconscious, or who is otherwise

in a condition rendering that person incapable of refusal,

shall be deemed not to have withdrawn the consent provided by

paragraph (a) of this Section and the test or tests may be

administered subject to the following provisions:

(i) Chemical analysis of the person's blood, urine,

breath, or other bodily substance, to be considered valid

under the provisions of this Section, shall have been

performed according to standards promulgated by the

Illinois Department of State Police by an individual

possessing a valid permit issued by that Department for

this purpose. The Director of the Illinois State Police is

authorized to approve satisfactory techniques or methods,

to ascertain the qualifications and competence of

individuals to conduct analyses, to issue permits that

shall be subject to termination or revocation at the

direction of that Department, and to certify the accuracy

of breath testing equipment. The Illinois Department of

State Police shall prescribe regulations as necessary.

(ii) When a person submits to a blood test at the

request of a law enforcement officer under the provisions

of this Section, only a physician authorized to practice

medicine, a licensed physician assistant, a licensed

advanced practice registered nurse, a registered nurse, or

other qualified person trained in venipuncture and acting

under the direction of a licensed physician may withdraw

blood for the purpose of determining the alcohol content

therein. This limitation does not apply to the taking of

breath, other bodily substance, or urine specimens.

(iii) The person tested may have a physician,

qualified technician, chemist, registered nurse, or other

qualified person of his or her own choosing administer a

chemical test or tests in addition to any test or tests

administered at the direction of a law enforcement

officer. The failure or inability to obtain an additional

test by a person shall not preclude the consideration of

the previously performed chemical test.

(iv) Upon a request of the person who submits to a

chemical test or tests at the request of a law enforcement

officer, full information concerning the test or tests

shall be made available to the person or that person's

attorney.

(v) Alcohol concentration means either grams of

alcohol per 100 milliliters of blood or grams of alcohol

per 210 liters of breath.

(vi) If a driver is receiving medical treatment as a

result of a motor vehicle accident, a physician licensed

to practice medicine, licensed physician assistant,

licensed advanced practice registered nurse, registered

nurse, or other qualified person trained in venipuncture

and acting under the direction of a licensed physician

shall withdraw blood for testing purposes to ascertain the

presence of alcohol upon the specific request of a law

enforcement officer. However, that testing shall not be

performed until, in the opinion of the medical personnel

on scene, the withdrawal can be made without interfering

with or endangering the well-being of the patient.

(c) A person requested to submit to a test as provided

above shall be warned by the law enforcement officer

requesting the test that a refusal to submit to the test, or

submission to the test resulting in an alcohol concentration

of more than 0.00, may result in the loss of that person's

privilege to operate a motor vehicle and may result in the

disqualification of the person's privilege to operate a

commercial motor vehicle, as provided in Section 6-514 of this

Code, if the person is a CDL holder. The loss of driving

privileges shall be imposed in accordance with Section 6-208.2

of this Code.

A person requested to submit to a test shall also

acknowledge, in writing, receipt of the warning required under

this Section. If the person refuses to acknowledge receipt of

the warning, the law enforcement officer shall make a written

notation on the warning that the person refused to sign the

warning. A person's refusal to sign the warning shall not be

evidence that the person was not read the warning.

(d) If the person refuses testing or submits to a test that

discloses an alcohol concentration of more than 0.00, the law

enforcement officer shall immediately submit a sworn report to

the Secretary of State on a form prescribed by the Secretary of

State, certifying that the test or tests were requested under

subsection (a) and the person refused to submit to a test or

tests or submitted to testing which disclosed an alcohol

concentration of more than 0.00. The law enforcement officer

shall submit the same sworn report when a person under the age

of 21 submits to testing under Section 11-501.1 of this Code

and the testing discloses an alcohol concentration of more

than 0.00 and less than 0.08.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall enter the suspension and

disqualification on the individual's driving record and the

suspension and disqualification shall be effective on the 46th

day following the date notice of the suspension was given to

the person. If this suspension is the individual's first

driver's license suspension under this Section, reports

received by the Secretary of State under this Section shall,

except during the time the suspension is in effect, be

privileged information and for use only by the courts, police

officers, prosecuting authorities, the Secretary of State, or

the individual personally, unless the person is a CDL holder,

is operating a commercial motor vehicle or vehicle required to

be placarded for hazardous materials, in which case the

suspension shall not be privileged. Reports received by the

Secretary of State under this Section shall also be made

available to the parent or guardian of a person under the age

of 18 years that holds an instruction permit or a graduated

driver's license, regardless of whether the suspension is in

effect.

The law enforcement officer submitting the sworn report

shall serve immediate notice of this suspension on the person

and the suspension and disqualification shall be effective on

the 46th day following the date notice was given.

In cases where the blood alcohol concentration of more

than 0.00 is established by a subsequent analysis of blood,

other bodily substance, or urine, the police officer or

arresting agency shall give notice as provided in this Section

or by deposit in the United States mail of that notice in an

envelope with postage prepaid and addressed to that person at

his last known address and the loss of driving privileges

shall be effective on the 46th day following the date notice

was given.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall also give notice of the

suspension and disqualification to the driver by mailing a

notice of the effective date of the suspension and

disqualification to the individual. However, should the sworn

report be defective by not containing sufficient information

or be completed in error, the notice of the suspension and

disqualification shall not be mailed to the person or entered

to the driving record, but rather the sworn report shall be

returned to the issuing law enforcement agency.

(e) A driver may contest this suspension and

disqualification by requesting an administrative hearing with

the Secretary of State in accordance with Section 2-118 of

this Code. An individual whose blood alcohol concentration is

shown to be more than 0.00 is not subject to this Section if he

or she consumed alcohol in the performance of a religious

service or ceremony. An individual whose blood alcohol

concentration is shown to be more than 0.00 shall not be

subject to this Section if the individual's blood alcohol

concentration resulted only from ingestion of the prescribed

or recommended dosage of medicine that contained alcohol. The

petition for that hearing shall not stay or delay the

effective date of the impending suspension. The scope of this

hearing shall be limited to the issues of:

(1) whether the police officer had probable cause to

believe that the person was driving or in actual physical

control of a motor vehicle upon the public highways of the

State and the police officer had reason to believe that

the person was in violation of any provision of the

Illinois Vehicle Code or a similar provision of a local

ordinance; and

(2) whether the person was issued a Uniform Traffic

Ticket for any violation of the Illinois Vehicle Code or a

similar provision of a local ordinance; and

(3) whether the police officer had probable cause to

believe that the driver had consumed any amount of an

alcoholic beverage based upon the driver's physical

actions or other first-hand knowledge of the police

officer; and

(4) whether the person, after being advised by the

officer that the privilege to operate a motor vehicle

would be suspended if the person refused to submit to and

complete the test or tests, did refuse to submit to or

complete the test or tests to determine the person's

alcohol concentration; and

(5) whether the person, after being advised by the

officer that the privileges to operate a motor vehicle

would be suspended if the person submits to a chemical

test or tests and the test or tests disclose an alcohol

concentration of more than 0.00, did submit to and

complete the test or tests that determined an alcohol

concentration of more than 0.00; and

(6) whether the test result of an alcohol

concentration of more than 0.00 was based upon the

person's consumption of alcohol in the performance of a

religious service or ceremony; and

(7) whether the test result of an alcohol

concentration of more than 0.00 was based upon the

person's consumption of alcohol through ingestion of the

prescribed or recommended dosage of medicine.

At the conclusion of the hearing held under Section 2-118

of this Code, the Secretary of State may rescind, continue, or

modify the suspension and disqualification. If the Secretary

of State does not rescind the suspension and disqualification,

a restricted driving permit may be granted by the Secretary of

State upon application being made and good cause shown. A

restricted driving permit may be granted to relieve undue

hardship by allowing driving for employment, educational, and

medical purposes as outlined in item (3) of part (c) of Section

6-206 of this Code. The provisions of item (3) of part (c) of

Section 6-206 of this Code and of subsection (f) of that

Section shall apply. The Secretary of State shall promulgate

rules providing for participation in an alcohol education and

awareness program or activity, a drug education and awareness

program or activity, or both as a condition to the issuance of

a restricted driving permit for suspensions imposed under this

Section.

(f) The results of any chemical testing performed in

accordance with subsection (a) of this Section are not

admissible in any civil or criminal proceeding, except that

the results of the testing may be considered at a hearing held

under Section 2-118 of this Code. However, the results of the

testing may not be used to impose driver's license sanctions

under Section 11-501.1 of this Code. A law enforcement officer

may, however, pursue a statutory summary suspension or

revocation of driving privileges under Section 11-501.1 of

this Code if other physical evidence or first hand knowledge

forms the basis of that suspension or revocation.

(g) This Section applies only to drivers who are under age

21 at the time of the issuance of a Uniform Traffic Ticket for

a violation of the Illinois Vehicle Code or a similar

provision of a local ordinance, and a chemical test request is

made under this Section.

(h) The action of the Secretary of State in suspending,

revoking, cancelling, or disqualifying any license or permit

shall be subject to judicial review in the Circuit Court of

Sangamon County or in the Circuit Court of Cook County, and the

provisions of the Administrative Review Law and its rules are

hereby adopted and shall apply to and govern every action for

the judicial review of final acts or decisions of the

Secretary of State under this Section.

(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;

100-513, eff. 1-1-18.)

(625 ILCS 5/11-501.10)

(Section scheduled to be repealed on July 1, 2021)

Sec. 11-501.10. DUI Cannabis Task Force.

(a) The DUI Cannabis Task Force is hereby created to study

the issue of driving under the influence of cannabis. The Task

Force shall consist of the following members:

(1) The Director of the Illinois State Police, or his

or her designee, who shall serve as chair;

(2) The Secretary of State, or his or her designee;

(3) The President of the Illinois State's Attorneys

Association, or his or her designee;

(4) The President of the Illinois Association of

Criminal Defense Lawyers, or his or her designee;

(5) One member appointed by the Speaker of the House

of Representatives;

(6) One member appointed by the Minority Leader of the

House of Representatives;

(7) One member appointed by the President of the

Senate;

(8) One member appointed by the Minority Leader of the

Senate;

(9) One member of an organization dedicated to end

drunk driving and drugged driving;

(10) The president of a statewide bar association,

appointed by the Governor;

(11) One member of a statewide organization

representing civil and constitutional rights, appointed by

the Governor;

(12) One member of a statewide association

representing chiefs of police, appointed by the Governor;

and

(13) One member of a statewide association

representing sheriffs, appointed by the Governor.

(b) The members of the Task Force shall serve without

compensation.

(c) The Task Force shall examine best practices in the

area of driving under the influence of cannabis enforcement,

including examining emerging technology in roadside testing.

(d) The Task Force shall meet no fewer than 3 times and

shall present its report and recommendations on improvements

to enforcement of driving under the influence of cannabis, in

electronic format, to the Governor and the General Assembly no

later than July 1, 2020.

(e) The Illinois Department of State Police shall provide

administrative support to the Task Force as needed. The

Sentencing Policy Advisory Council shall provide data on

driving under the influence of cannabis offenses and other

data to the Task Force as needed.

(f) This Section is repealed on July 1, 2021.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(625 ILCS 5/11-605.1)

Sec. 11-605.1. Special limit while traveling through a

highway construction or maintenance speed zone.

(a) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are present.

(a-5) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are not present.

(b) Nothing in this Chapter prohibits the use of

electronic speed-detecting devices within 500 feet of signs

within a construction or maintenance speed zone indicating the

zone, as defined in this Section, nor shall evidence obtained

by use of those devices be inadmissible in any prosecution for

speeding, provided the use of the device shall apply only to

the enforcement of the speed limit in the construction or

maintenance speed zone.

(c) As used in this Section, a "construction or

maintenance speed zone" is an area in which the Department,

Toll Highway Authority, or local agency has posted signage

advising drivers that a construction or maintenance speed zone

is being approached, or in which the Department, Authority, or

local agency has posted a lower speed limit with a highway

construction or maintenance speed zone special speed limit

sign after determining that the preexisting established speed

limit through a highway construction or maintenance project is

greater than is reasonable or safe with respect to the

conditions expected to exist in the construction or

maintenance speed zone.

If it is determined that the preexisting established speed

limit is safe with respect to the conditions expected to exist

in the construction or maintenance speed zone, additional

speed limit signs which conform to the requirements of this

subsection (c) shall be posted.

Highway construction or maintenance speed zone special

speed limit signs shall be of a design approved by the

Department. The signs must give proper due warning that a

construction or maintenance speed zone is being approached and

must indicate the maximum speed limit in effect. The signs

also must state the amount of the minimum fine for a violation.

(d) Except as provided under subsection (d-5), a person

who violates this Section is guilty of a petty offense.

Violations of this Section are punishable with a minimum fine

of $250 for the first violation and a minimum fine of $750 for

the second or subsequent violation.

(d-5) A person committing a violation of this Section is

guilty of aggravated special speed limit while traveling

through a highway construction or maintenance speed zone when

he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles

per hour in excess of the applicable special speed limit

established under this Section or a similar provision of a

local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the

applicable special speed limit established under this

Section or a similar provision of a local ordinance and is

guilty of a Class A misdemeanor.

(e) (Blank).

(e-5) The Illinois Department of State Police and the

local county police department have concurrent jurisdiction

over any violation of this Section that occurs on an

interstate highway.

(f) The Transportation Safety Highway Hire-back Fund,

which was created by Public Act 92-619, shall continue to be a

special fund in the State treasury. Subject to appropriation

by the General Assembly and approval by the Secretary, the

Secretary of Transportation shall use all moneys in the

Transportation Safety Highway Hire-back Fund to hire off-duty

Illinois Department of State Police officers to monitor

construction or maintenance zones.

(f-5) Each county shall create a Transportation Safety

Highway Hire-back Fund. The county shall use the moneys in its

Transportation Safety Highway Hire-back Fund to hire off-duty

county police officers to monitor construction or maintenance

zones in that county on highways other than interstate

highways. The county, in its discretion, may also use a

portion of the moneys in its Transportation Safety Highway

Hire-back Fund to purchase equipment for county law

enforcement and fund the production of materials to educate

drivers on construction zone safe driving habits.

(g) For a second or subsequent violation of this Section

within 2 years of the date of the previous violation, the

Secretary of State shall suspend the driver's license of the

violator for a period of 90 days. This suspension shall only be

imposed if the current violation of this Section and at least

one prior violation of this Section occurred during a period

when workers were present in the construction or maintenance

zone.

(Source: P.A. 99-212, eff. 1-1-16; 99-280, eff. 1-1-16;

99-642, eff. 7-28-16; 100-987, eff. 7-1-19.)

(625 ILCS 5/11-907.1)

(Section scheduled to be repealed on January 1, 2022)

Sec. 11-907.1. Move Over Task Force.

(a) The Move Over Task Force is created to study the issue

of violations of Sections 11-907, 11-907.5, and 11-908 with

particular attention to the causes of violations and ways to

protect law enforcement and emergency responders.

(b) The membership of the Task Force shall consist of the

following members:

(1) the Director of the Illinois State Police or his

or her designee, who shall serve as chair;

(2) the Governor or his or her designee;

(3) the Secretary of State or his or her designee;

(4) the Secretary of Transportation or his or her

designee;

(5) the Director of the Illinois Toll Highway

Authority or his or her designee;

(6) the President of the Illinois State's Attorneys

Association or his or her designee;

(7) the President of the Illinois Association of

Chiefs of Police or his or her designee;

(8) the President of the Illinois Sheriffs'

Association or his or her designee;

(9) the President of the Illinois Fraternal Order of

Police or his or her designee;

(10) the President of the Associated Fire Fighters of

Illinois or his or her designee;

(11) one member appointed by the Speaker of the House

of Representatives;

(12) one member appointed by the Minority Leader of

the House of Representatives;

(13) one member appointed by the President of the

Senate;

(14) one member appointed by the Minority Leader of

the Senate; and

(15) the following persons appointed by the Governor:

(A) 2 representatives of different statewide

trucking associations;

(B) one representative of a Chicago area motor

club;

(C) one representative of a Chicago area transit

safety alliance;

(D) one representative of a statewide press

association;

(E) one representative of a statewide broadcast

association;

(F) one representative of a statewide towing

organization;

(G) the chief of police of a municipality with a

population under 25,000;

(H) one representative of a statewide organization

representing chiefs of police; and

(I) one representative of the solid waste

management industry; and

(J) one representative from a bona fide labor

organization representing certified road flaggers and

other road construction workers.

(c) The members of the Task Force shall serve without

compensation.

(d) The Task Force shall meet no fewer than 3 times and

shall present its report and recommendations, including

legislative recommendations, if any, on how to better enforce

Scott's Law and prevent fatalities on Illinois roadways to the

General Assembly no later than January 1, 2021.

(e) The Illinois Department of State Police shall provide

administrative support to the Task Force as needed.

(f) This Section is repealed on January 1, 2022.

(Source: P.A. 101-174, eff. 1-1-20; 101-606, eff. 12-13-19.)

(625 ILCS 5/12-612)

Sec. 12-612. False or secret compartment in a vehicle.

(a) Offenses. It is unlawful for any person:

(1) to own or operate with criminal intent any vehicle

he or she knows to contain a false or secret compartment

that is used or has been used to conceal a firearm as

prohibited by paragraph (a)(4) of Section 24-1 or

paragraph (a)(1) of Section 24-1.6 of the Criminal Code of

2012, or controlled substance as prohibited by the

Illinois Controlled Substances Act or the Methamphetamine

Control and Community Protection Act; or

(2) to install, create, build, or fabricate in any

vehicle a false or secret compartment knowing that another

person intends to use the compartment to conceal a firearm

as prohibited by paragraph (a)(4) of Section 24-1 of the

Criminal Code of 2012, or controlled substance as

prohibited by the Illinois Controlled Substances Act or

the Methamphetamine Control and Community Protection Act.

(b) Definitions. For purposes of this Section:

(1) "False or secret compartment" means an enclosure

integrated into a vehicle that is a modification of the

vehicle as built by the original manufacturer.

(2) "Vehicle" means any of the following vehicles

without regard to whether the vehicles are private or

commercial, including, but not limited to, cars, trucks,

buses, aircraft, and watercraft.

(c) Forfeiture. Any vehicle containing a false or secret

compartment used in violation of this Section, as well as any

items within that compartment, shall be subject to seizure by

the Illinois Department of State Police or by any municipal or

other local law enforcement agency within whose jurisdiction

that property is found as provided in Sections 36-1 and 36-2 of

the Criminal Code of 2012 (720 ILCS 5/36-1 and 5/36-2). The

removal of the false or secret compartment from the vehicle,

or the promise to do so, shall not be the basis for a defense

to forfeiture of the motor vehicle under Section 36-2 of the

Criminal Code of 2012 and shall not be the basis for the court

to release the vehicle to the owner.

(d) Sentence. A violation of this Section is a Class 4

felony. The sentence imposed for violation of this Section

shall be served consecutively to any other sentence imposed in

connection with the firearm, controlled substance, or other

contraband concealed in the false or secret compartment.

(e) For purposes of this Section, a new owner is not

responsible for any conduct that occurred or knowledge of

conduct that occurred prior to transfer of title.

(Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)

(625 ILCS 5/13-109.1)

Sec. 13-109.1. Annual emission inspection tests;

standards; penalties; funds.

(a) For each diesel powered vehicle that (i) is registered

for a gross weight of more than 16,000 pounds, (ii) is

registered within an affected area, and (iii) is a 2 year or

older model year, an annual emission inspection test shall be

conducted at an official testing station certified by the

Illinois Department of Transportation to perform diesel

emission inspections pursuant to the standards set forth in

subsection (b) of this Section. This annual emission

inspection test may be conducted in conjunction with a

semi-annual safety test.

(a-5) (Blank).

(b) Diesel emission inspections conducted under this

Chapter 13 shall be conducted in accordance with the Society

of Automotive Engineers Recommended Practice J1667

"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel

Powered Vehicles" and the cutpoint standards set forth in the

United States Environmental Protection Agency guidance

document "Guidance to States on Smoke Opacity Cutpoints to be

used with the SAE J1667 In-Use Smoke Test Procedure". Those

procedures and standards, as now in effect, are made a part of

this Code, in the same manner as though they were set out in

full in this Code.

Notwithstanding the above cutpoint standards, for motor

vehicles that are model years 1973 and older, until December

31, 2002, the level of peak smoke opacity shall not exceed 70

percent. Beginning January 1, 2003, for motor vehicles that

are model years 1973 and older, the level of peak smoke opacity

shall not exceed 55 percent.

(c) If the annual emission inspection under subsection (a)

reveals that the vehicle is not in compliance with the diesel

emission standards set forth in subsection (b) of this

Section, the operator of the official testing station shall

issue a warning notice requiring correction of the violation.

The correction shall be made and the vehicle submitted to an

emissions retest at an official testing station certified by

the Department to perform diesel emission inspections within

30 days from the issuance of the warning notice requiring

correction of the violation.

If, within 30 days from the issuance of the warning

notice, the vehicle is not in compliance with the diesel

emission standards set forth in subsection (b) as determined

by an emissions retest at an official testing station, the

operator of the official testing station or the Department

shall place the vehicle out-of-service in accordance with the

rules promulgated by the Department. Operating a vehicle that

has been placed out-of-service under this subsection (c) is a

petty offense punishable by a $1,000 fine. The vehicle must

pass a diesel emission inspection at an official testing

station before it is again placed in service. The Secretary of

State, Illinois Department of State Police, and other law

enforcement officers shall enforce this Section. No emergency

vehicle, as defined in Section 1-105, may be placed

out-of-service pursuant to this Section.

The Department or an official testing station may issue a

certificate of waiver subsequent to a reinspection of a

vehicle that failed the emissions inspection. Certificate of

waiver shall be issued upon determination that documented

proof demonstrates that emissions repair costs for the

noncompliant vehicle of at least $3,000 have been spent in an

effort to achieve compliance with the emission standards set

forth in subsection (b). The Department of Transportation

shall adopt rules for the implementation of this subsection

including standards of documented proof as well as the

criteria by which a waiver shall be granted.

(c-5) (Blank).

(d) (Blank).

(Source: P.A. 100-700, eff. 8-3-18.)

(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)

Sec. 15-102. Width of vehicles.

(a) On Class III and non-designated State and local

highways, the total outside width of any vehicle or load

thereon shall not exceed 8 feet 6 inches.

(b) Except during those times when, due to insufficient

light or unfavorable atmospheric conditions, persons and

vehicles on the highway are not clearly discernible at a

distance of 1000 feet, the following vehicles may exceed the 8

feet 6 inch limitation during the period from a half hour

before sunrise to a half hour after sunset:

(1) Loads of hay, straw or other similar farm products

provided that the load is not more than 12 feet wide.

(2) Implements of husbandry being transported on

another vehicle and the transporting vehicle while loaded.

The following requirements apply to the transportation

on another vehicle of an implement of husbandry wider than

8 feet 6 inches on the National System of Interstate and

Defense Highways or other highways in the system of State

highways:

(A) The driver of a vehicle transporting an

implement of husbandry that exceeds 8 feet 6 inches in

width shall obey all traffic laws and shall check the

roadways prior to making a movement in order to ensure

that adequate clearance is available for the movement.

It is prima facie evidence that the driver of a vehicle

transporting an implement of husbandry has failed to

check the roadway prior to making a movement if the

vehicle is involved in a collision with a bridge,

overpass, fixed structure, or properly placed traffic

control device or if the vehicle blocks traffic due to

its inability to proceed because of a bridge,

overpass, fixed structure, or properly placed traffic

control device.

(B) Flags shall be displayed so as to wave freely

at the extremities of overwidth objects and at the

extreme ends of all protrusions, projections, and

overhangs. All flags shall be clean, bright red flags

with no advertising, wording, emblem, or insignia

inscribed upon them and at least 18 inches square.

(C) "OVERSIZE LOAD" signs are mandatory on the

front and rear of all vehicles with loads over 10 feet

wide. These signs must have 12-inch high black letters

with a 2-inch stroke on a yellow sign that is 7 feet

wide by 18 inches high.

(D) One civilian escort vehicle is required for a

load that exceeds 14 feet 6 inches in width and 2

civilian escort vehicles are required for a load that

exceeds 16 feet in width on the National System of

Interstate and Defense Highways or other highways in

the system of State highways.

(E) The requirements for a civilian escort vehicle

and driver are as follows:

(1) The civilian escort vehicle shall be a

vehicle not exceeding a gross vehicle weight

rating of 26,000 pounds that is designed to afford

clear and unobstructed vision to both front and

rear.

(2) The escort vehicle driver must be properly

licensed to operate the vehicle.

(3) While in use, the escort vehicle must be

equipped with illuminated rotating, oscillating,

or flashing amber lights or flashing amber strobe

lights mounted on top that are of sufficient

intensity to be visible at 500 feet in normal

sunlight.

(4) "OVERSIZE LOAD" signs are mandatory on all

escort vehicles. The sign on an escort vehicle

shall have 8-inch high black letters on a yellow

sign that is 5 feet wide by 12 inches high.

(5) When only one escort vehicle is required

and it is operating on a two-lane highway, the

escort vehicle shall travel approximately 300 feet

ahead of the load. The rotating, oscillating, or

flashing lights or flashing amber strobe lights

and an "OVERSIZE LOAD" sign shall be displayed on

the escort vehicle and shall be visible from the

front. When only one escort vehicle is required

and it is operating on a multilane divided

highway, the escort vehicle shall travel

approximately 300 feet behind the load and the

sign and lights shall be visible from the rear.

(6) When 2 escort vehicles are required, one

escort shall travel approximately 300 feet ahead

of the load and the second escort shall travel

approximately 300 feet behind the load. The

rotating, oscillating, or flashing lights or

flashing amber strobe lights and an "OVERSIZE

LOAD" sign shall be displayed on the escort

vehicles and shall be visible from the front on

the lead escort and from the rear on the trailing

escort.

(7) When traveling within the corporate limits

of a municipality, the escort vehicle shall

maintain a reasonable and proper distance from the

oversize load, consistent with existing traffic

conditions.

(8) A separate escort shall be provided for

each load hauled.

(9) The driver of an escort vehicle shall obey

all traffic laws.

(10) The escort vehicle must be in safe

operational condition.

(11) The driver of the escort vehicle must be

in radio contact with the driver of the vehicle

carrying the oversize load.

(F) A transport vehicle while under load of more

than 8 feet 6 inches in width must be equipped with an

illuminated rotating, oscillating, or flashing amber

light or lights or a flashing amber strobe light or

lights mounted on the top of the cab that are of

sufficient intensity to be visible at 500 feet in

normal sunlight. If the load on the transport vehicle

blocks the visibility of the amber lighting from the

rear of the vehicle, the vehicle must also be equipped

with an illuminated rotating, oscillating, or flashing

amber light or lights or a flashing amber strobe light

or lights mounted on the rear of the load that are of

sufficient intensity to be visible at 500 feet in

normal sunlight.

(G) When a flashing amber light is required on the

transport vehicle under load and it is operating on a

two-lane highway, the transport vehicle shall display

to the rear at least one rotating, oscillating, or

flashing light or a flashing amber strobe light and an

"OVERSIZE LOAD" sign. When a flashing amber light is

required on the transport vehicle under load and it is

operating on a multilane divided highway, the sign and

light shall be visible from the rear.

(H) Maximum speed shall be 45 miles per hour on all

such moves or 5 miles per hour above the posted minimum

speed limit, whichever is greater, but the vehicle

shall not at any time exceed the posted maximum speed

limit.

(3) Portable buildings designed and used for

agricultural and livestock raising operations that are not

more than 14 feet wide and with not more than a 1 foot

overhang along the left side of the hauling vehicle.

However, the buildings shall not be transported more than

10 miles and not on any route that is part of the National

System of Interstate and Defense Highways.

All buildings when being transported shall display at

least 2 red cloth flags, not less than 12 inches square,

mounted as high as practicable on the left and right side of

the building.

An Illinois A State Police escort shall be required if it

is necessary for this load to use part of the left lane when

crossing any 2 laned State highway bridge.

(c) Vehicles propelled by electric power obtained from

overhead trolley wires operated wholly within the corporate

limits of a municipality are also exempt from the width

limitation.

(d) (Blank).

(d-1) A recreational vehicle, as defined in Section 1-169,

may exceed 8 feet 6 inches in width if:

(1) the excess width is attributable to appurtenances

that extend 6 inches or less beyond either side of the body

of the vehicle; and

(2) the roadway on which the vehicle is traveling has

marked lanes for vehicular traffic that are at least 11

feet in width.

As used in this subsection (d-1) and in subsection (d-2),

the term appurtenance includes (i) a retracted awning and its

support hardware and (ii) any appendage that is intended to be

an integral part of a recreational recreation vehicle.

(d-2) A recreational vehicle that exceeds 8 feet 6 inches

in width as provided in subsection (d-1) may travel any

roadway of the State if the vehicle is being operated between a

roadway permitted under subsection (d-1) and:

(1) the location where the recreational recreation

vehicle is garaged;

(2) the destination of the recreational recreation

vehicle; or

(3) a facility for food, fuel, repair, services, or

rest.

(e) A vehicle and load traveling upon the National System

of Interstate and Defense Highways or any other highway in the

system of State highways that has been designated as a Class I

or Class II highway by the Department, or any street or highway

designated by local authorities, may have a total outside

width of 8 feet 6 inches, provided that certain safety devices

that the Department determines as necessary for the safe and

efficient operation of motor vehicles shall not be included in

the calculation of width.

Section 5-35 of the Illinois Administrative Procedure Act

relating to procedures for rulemaking shall not apply to the

designation of highways under this paragraph (e).

(f) Mirrors required by Section 12-502 of this Code and

other safety devices identified by the Department may project

up to 14 inches beyond each side of a bus and up to 6 inches

beyond each side of any other vehicle, and that projection

shall not be deemed a violation of the width restrictions of

this Section.

(g) Any person who is convicted of violating this Section

is subject to the penalty as provided in paragraph (b) of

Section 15-113.

(Source: P.A. 100-830, eff. 1-1-19.)

(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)

Sec. 15-112. Officers to weigh vehicles and require

removal of excess loads.

(a) Any police officer having reason to believe that the

weight of a vehicle and load is unlawful shall require the

driver to stop and submit to a weighing of the same either by

means of a portable or stationary scales that have been tested

and approved at a frequency prescribed by the Illinois

Department of Agriculture, or for those scales operated by the

State, when such tests are requested by the Illinois

Department of State Police, whichever is more frequent. If

such scales are not available at the place where such vehicle

is stopped, the police officer shall require that such vehicle

be driven to the nearest available scale that has been tested

and approved pursuant to this Section by the Illinois

Department of Agriculture. Notwithstanding any provisions of

the Weights and Measures Act or the United States Department

of Commerce NIST handbook 44, multi or single draft weighing

is an acceptable method of weighing by law enforcement for

determining a violation of Chapter 3 or 15 of this Code. Law

enforcement is exempt from the requirements of commercial

weighing established in NIST handbook 44.

Within 18 months after the effective date of this

amendatory Act of the 91st General Assembly, all municipal and

county officers, technicians, and employees who set up and

operate portable scales for wheel load or axle load or both and

issue citations based on the use of portable scales for wheel

load or axle load or both and who have not successfully

completed initial classroom and field training regarding the

set up and operation of portable scales, shall attend and

successfully complete initial classroom and field training

administered by the Illinois Law Enforcement Training

Standards Board.

(b) Whenever an officer, upon weighing a vehicle and the

load, determines that the weight is unlawful, such officer

shall require the driver to stop the vehicle in a suitable

place and remain standing until such portion of the load is

removed as may be necessary to reduce the weight of the vehicle

to the limit permitted under this Chapter, or to the limit

permitted under the terms of a permit issued pursuant to

Sections 15-301 through 15-318 and shall forthwith arrest the

driver or owner. All material so unloaded shall be cared for by

the owner or operator of the vehicle at the risk of such owner

or operator; however, whenever a 3 or 4 axle vehicle with a

tandem axle dimension greater than 72 inches, but less than 96

inches and registered as a Special Hauling Vehicle is

transporting asphalt or concrete in the plastic state that

exceeds axle weight or gross weight limits by less than 4,000

pounds, the owner or operator of the vehicle shall accept the

arrest ticket or tickets for the alleged violations under this

Section and proceed without shifting or reducing the load

being transported or may shift or reduce the load under the

provisions of subsection (d) or (e) of this Section, when

applicable. Any fine imposed following an overweight violation

by a vehicle registered as a Special Hauling Vehicle

transporting asphalt or concrete in the plastic state shall be

paid as provided in subsection 4 of paragraph (a) of Section

16-105 of this Code.

(c) The Department of Transportation may, at the request

of the Illinois Department of State Police, erect appropriate

regulatory signs on any State highway directing second

division vehicles to a scale. The Department of Transportation

may also, at the direction of any State Police officer, erect

portable regulating signs on any highway directing second

division vehicles to a portable scale. Every such vehicle,

pursuant to such sign, shall stop and be weighed.

(d) Whenever any axle load of a vehicle exceeds the axle or

tandem axle weight limits permitted by paragraph (a) of

Section 15-111 by 2000 pounds or less, the owner or operator of

the vehicle must shift or remove the excess so as to comply

with paragraph (a) of Section 15-111. No overweight arrest

ticket shall be issued to the owner or operator of the vehicle

by any officer if the excess weight is shifted or removed as

required by this paragraph.

(e) Whenever the gross weight of a vehicle with a

registered gross weight of 77,000 pounds or less exceeds the

weight limits of paragraph (a) of Section 15-111 of this

Chapter by 2000 pounds or less, the owner or operator of the

vehicle must remove the excess. Whenever the gross weight of a

vehicle with a registered gross weight over 77,000 pounds or

more exceeds the weight limits of paragraph (a) of Section

15-111 by 1,000 pounds or less or 2,000 pounds or less if

weighed on wheel load weighers, the owner or operator of the

vehicle must remove the excess. In either case no arrest

ticket for any overweight violation of this Code shall be

issued to the owner or operator of the vehicle by any officer

if the excess weight is removed as required by this paragraph.

A person who has been granted a special permit under Section

15-301 of this Code shall not be granted a tolerance on wheel

load weighers.

(e-5) Auxiliary power or idle reduction unit (APU) weight.

(1) A vehicle with a fully functional APU shall be

allowed an additional 550 pounds or the certified unit

weight, whichever is less. The additional pounds may be

allowed in gross, axles, or bridge formula weight limits

above the legal weight limits except when overweight on an

axle or axles of the towed unit or units in combination.

This tolerance shall be given in addition to the limits in

subsection (d) of this Section.

(2) An operator of a vehicle equipped with an APU

shall carry written certification showing the weight of

the APU, which shall be displayed upon the request of any

law enforcement officer.

(3) The operator may be required to demonstrate or

certify that the APU is fully functional at all times.

(4) This allowance may not be granted above the weight

limits specified on any loads permitted under Section

15-301 of this Code.

(f) Whenever an axle load of a vehicle exceeds axle weight

limits allowed by the provisions of a permit an arrest ticket

shall be issued, but the owner or operator of the vehicle may

shift the load so as to comply with the provisions of the

permit. Where such shifting of a load to comply with the permit

is accomplished, the owner or operator of the vehicle may then

proceed.

(g) Any driver of a vehicle who refuses to stop and submit

his vehicle and load to weighing after being directed to do so

by an officer or removes or causes the removal of the load or

part of it prior to weighing is guilty of a business offense

and shall be fined not less than $500 nor more than $2,000.

(Source: P.A. 99-717, eff. 8-5-16.)

(625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)

Sec. 15-201. Vehicles exceeding prescribed weight limits -

Preventing use of highway by. The Illinois Department of State

Police is directed to institute and maintain a program

designed to prevent the use of public highways by vehicles

which exceed the maximum weights allowed by Section 15-111 of

this Act or which exceeds the maximum weights allowed as

evidenced by the license plates attached to such vehicle and

which license is required by this Act.

(Source: P.A. 84-25.)

(625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)

Sec. 15-202. Enforcement.

Such program shall make provision for an intensive

campaign by the Illinois State Police to apprehend any

violators of the acts above mentioned, and at all times to

maintain a vigilant watch for possible violators of such acts.

(Source: P.A. 77-506.)

(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)

Sec. 15-203. Records of violations. The Illinois

Department of State Police shall maintain records of the

number of violators of such acts apprehended and the number of

convictions obtained. A resume of such records shall be

included in the Department's annual report to the Governor;

and the Department shall also present such resume to each

regular session of the General Assembly.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act, and

filing such additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)

Sec. 15-305. Fees for legal weight but overdimension

vehicles, combinations, and ;oads, other than house trailer

combinations. Fees for special permits to move overdimension

vehicles, combinations, and loads, other than house trailer

combinations, shall be paid by the applicant to the Department

at the following rates:

90 Day Annual Limited Limited Single Continuous Continuous Trip Operation Operation

(a) Overall width of 10 feet or less, overall height of 14 feet 6 inches or less, and overall length of 70 feet or less $100.00 $400.00 For the first 90 miles $12.00 From 90 miles to 180 miles 15.00 From 180 miles to 270 miles 18.00 For more than 270 miles $21.00 (b) Overall width of 12 feet or less, overall height of 14 feet 6 inches or less, and overall length of 85 feet or less $150.00 $600.00 For the first 90 miles $15.00 From 90 miles to 180 miles $20.00 From 180 miles to 270 miles $25.00 For more than 270 miles $30.00 (c) Overall width of 14 feet or less, overall height of 15 feet or less, and overall length of 100 feet or less Single Trip Only For the first 90 miles $25.00

From 90 miles to 180 miles $30.00 From 180 miles to 270 miles $35.00 For more than 270 miles $40.00 (d) Overall width of 18 feet or less (authorized only under special conditions and for limited distances), overall height of 16 feet or less, and overall length of 120 feet or less Single Trip Only For the first 90 miles $30.00 From 90 miles to 180 miles $40.00 From 180 miles to 270 miles $50.00 For more than 270 miles $60.00 (e) Overall width of more than 18 feet (authorized only under special conditions and for limited distances), overall height more than 16 feet, and overall length more than 120 feet Single Trip

Only For the first 90 miles $50.00 From 90 miles to 180 miles $75.00 From 180 miles to 270 miles $100.00 For more than 270 miles $125.00

Permits issued under this Section shall be for a vehicle,

or vehicle combination and load not exceeding legal weights;

and, in the case of the limited continuous operation, shall be

for the same vehicle, vehicle combination or like load.

Escort requirements shall be as prescribed in the

Department's rules and regulations. Fees for the Illinois

State Police vehicle escort, when required, shall be in

addition to the permit fees.

(Source: P.A. 89-219, eff. 1-1-96.)

(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)

Sec. 16-102. Arrests - Investigations - Prosecutions.

(a) The Illinois State Police shall patrol the public

highways and make arrests for violation of the provisions of

this Act.

(b) The Secretary of State, through the investigators

provided for in this Act shall investigate and report

violations of the provisions of this Act in relation to the

equipment and operation of vehicles as provided for in Section

2-115 and for such purposes these investigators have and may

exercise throughout the State all of the powers of police

officers.

(c) The State's Attorney of the county in which the

violation occurs shall prosecute all violations except when

the violation occurs within the corporate limits of a

municipality, the municipal attorney may prosecute if written

permission to do so is obtained from the State's Attorney.

(d) The State's Attorney of the county in which the

violation occurs may not grant to the municipal attorney

permission to prosecute if the offense charged is a felony

under Section 11-501 of this Code. The municipality may,

however, charge an offender with a municipal misdemeanor

offense if the State's Attorney rejects or denies felony

charges for the conduct that comprises the charge.

(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.)

(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)

Sec. 16-105. Disposition of fines and forfeitures.

(a) Except as provided in Section 15-113 of this Act and

except those amounts subject to disbursement by the circuit

clerk under the Criminal and Traffic Assessment Act, fines and

penalties recovered under the provisions of Chapters 3 through

17 and 18b inclusive of this Code shall be paid and used as

follows:

1. For offenses committed upon a highway within the

limits of a city, village, or incorporated town or under

the jurisdiction of any park district, to the treasurer of

the particular city, village, incorporated town or park

district, if the violator was arrested by the authorities

of the city, village, incorporated town or park district,

provided the police officers and officials of cities,

villages, incorporated towns and park districts shall

seasonably prosecute for all fines and penalties under

this Code. If the violation is prosecuted by the

authorities of the county, any fines or penalties

recovered shall be paid to the county treasurer, except

that fines and penalties recovered from violations

arrested by the Illinois State Police shall be remitted to

the State Police Law Enforcement Administration Fund.

Provided further that if the violator was arrested by the

Illinois State Police, fines and penalties recovered under

the provisions of paragraph (a) of Section 15-113 of this

Code or paragraph (e) of Section 15-316 of this Code shall

be paid over to the Illinois Department of State Police

which shall thereupon remit the amount of the fines and

penalties so received to the State Treasurer who shall

deposit the amount so remitted in the special fund in the

State treasury known as the Road Fund except that if the

violation is prosecuted by the State's Attorney, 10% of

the fine or penalty recovered shall be paid to the State's

Attorney as a fee of his office and the balance shall be

paid over to the Illinois Department of State Police for

remittance to and deposit by the State Treasurer as

hereinabove provided.

2. Except as provided in paragraph 4, for offenses

committed upon any highway outside the limits of a city,

village, incorporated town or park district, to the county

treasurer of the county where the offense was committed

except if such offense was committed on a highway

maintained by or under the supervision of a township,

township district, or a road district to the Treasurer

thereof for deposit in the road and bridge fund of such

township or other district, except that fines and

penalties recovered from violations arrested by the

Illinois State Police shall be remitted to the State

Police Law Enforcement Administration Fund; provided, that

fines and penalties recovered under the provisions of

paragraph (a) of Section 15-113, paragraph (d) of Section

3-401, or paragraph (e) of Section 15-316 of this Code

shall be paid over to the Illinois Department of State

Police which shall thereupon remit the amount of the fines

and penalties so received to the State Treasurer who shall

deposit the amount so remitted in the special fund in the

State treasury known as the Road Fund except that if the

violation is prosecuted by the State's Attorney, 10% of

the fine or penalty recovered shall be paid to the State's

Attorney as a fee of his office and the balance shall be

paid over to the Illinois Department of State Police for

remittance to and deposit by the State Treasurer as

hereinabove provided.

3. Notwithstanding subsections 1 and 2 of this

paragraph, for violations of overweight and overload

limits found in Sections 15-101 through 15-203 of this

Code, which are committed upon the highways belonging to

the Illinois State Toll Highway Authority, fines and

penalties shall be paid over to the Illinois State Toll

Highway Authority for deposit with the State Treasurer

into that special fund known as the Illinois State Toll

Highway Authority Fund, except that if the violation is

prosecuted by the State's Attorney, 10% of the fine or

penalty recovered shall be paid to the State's Attorney as

a fee of his office and the balance shall be paid over to

the Illinois State Toll Highway Authority for remittance

to and deposit by the State Treasurer as hereinabove

provided.

4. With regard to violations of overweight and

overload limits found in Sections 15-101 through 15-203 of

this Code committed by operators of vehicles registered as

Special Hauling Vehicles, for offenses committed upon a

highway within the limits of a city, village, or

incorporated town or under the jurisdiction of any park

district, all fines and penalties shall be paid over or

retained as required in paragraph 1. However, with regard

to the above offenses committed by operators of vehicles

registered as Special Hauling Vehicles upon any highway

outside the limits of a city, village, incorporated town

or park district, fines and penalties shall be paid over

or retained by the entity having jurisdiction over the

road or highway upon which the offense occurred, except

that if the violation is prosecuted by the State's

Attorney, 10% of the fine or penalty recovered shall be

paid to the State's Attorney as a fee of his office.

(b) Failure, refusal or neglect on the part of any

judicial or other officer or employee receiving or having

custody of any such fine or forfeiture either before or after a

deposit with the proper official as defined in paragraph (a)

of this Section, shall constitute misconduct in office and

shall be grounds for removal therefrom.

(Source: P.A. 100-987, eff. 7-1-19.)

(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)

Sec. 18a-200. General powers and duties of Commission. The

Commission shall:

(1) Regulate commercial vehicle relocators and their

employees or agents in accordance with this Chapter and to

that end may establish reasonable requirements with respect to

proper service and practices relating thereto;

(2) Require the maintenance of uniform systems of

accounts, records and the preservation thereof;

(3) Require that all drivers and other personnel used in

relocation be employees of a licensed relocator;

(4) Regulate equipment leasing to and by relocators;

(5) Adopt reasonable and proper rules covering the

exercise of powers conferred upon it by this Chapter, and

reasonable rules governing investigations, hearings and

proceedings under this Chapter;

(6) Set reasonable rates for the commercial towing or

removal of trespassing vehicles from private property. The

rates shall not exceed the mean average of the 5 highest rates

for police tows within the territory to which this Chapter

applies that are performed under Sections 4-201 and 4-214 of

this Code and that are of record at hearing; provided that the

Commission shall not re-calculate the maximum specified herein

if the order containing the previous calculation was entered

within one calendar year of the date on which the new order is

entered. Set reasonable rates for the storage, for periods in

excess of 24 hours, of the vehicles in connection with the

towing or removal; however, no relocator shall impose charges

for storage for the first 24 hours after towing or removal. Set

reasonable rates for other services provided by relocators,

provided that the rates shall not be charged to the owner or

operator of a relocated vehicle. Any fee charged by a

relocator for the use of a credit card that is used to pay for

any service rendered by the relocator shall be included in the

total amount that shall not exceed the maximum reasonable rate

established by the Commission. The Commission shall require a

relocator to refund any amount charged in excess of the

reasonable rate established by the Commission, including any

fee for the use of a credit card;

(7) Investigate and maintain current files of the criminal

records, if any, of all relocators and their employees and of

all applicants for relocator's license, operator's licenses

and dispatcher's licenses. If the Commission determines that

an applicant for a license issued under this Chapter will be

subjected to a criminal history records check, the applicant

shall submit his or her fingerprints to the Illinois

Department of State Police in the form and manner prescribed

by the Illinois Department of State Police. These fingerprints

shall be checked against the Illinois Department of State

Police and Federal Bureau of Investigation criminal history

record information databases now and hereafter filed. The

Illinois Department of State Police shall charge the applicant

a fee for conducting the criminal history records check, which

shall be deposited in the State Police Services Fund and shall

not exceed the actual cost of the records check. The Illinois

Department of State Police shall furnish pursuant to positive

identification, records of conviction to the Commission;

(8) Issue relocator's licenses, dispatcher's employment

permits, and operator's employment permits in accordance with

Article IV of this Chapter;

(9) Establish fitness standards for applicants seeking

relocator licensees and holders of relocator licenses;

(10) Upon verified complaint in writing by any person,

organization or body politic, or upon its own initiative may,

investigate whether any commercial vehicle relocator,

operator, dispatcher, or person otherwise required to comply

with any provision of this Chapter or any rule promulgated

hereunder, has failed to comply with any provision or rule;

(11) Whenever the Commission receives notice from the

Secretary of State that any domestic or foreign corporation

regulated under this Chapter has not paid a franchise tax,

license fee or penalty required under the Business Corporation

Act of 1983, institute proceedings for the revocation of the

license or right to engage in any business required under this

Chapter or the suspension thereof until such time as the

delinquent franchise tax, license fee or penalty is paid.

(Source: P.A. 93-418, eff. 1-1-04.)

(625 ILCS 5/18b-112)

Sec. 18b-112. Intermodal trailer, chassis, and safety.

(a) Definitions. For purposes of this Section:

"Department" means the Department of State Police.

"Equipment interchange agreement" means a written document

executed by the intermodal equipment provider and operator at

the time the equipment is interchanged by the provider to the

operator.

"Equipment provider" is the owner of an intermodal

trailer, chassis, or container. This includes any forwarding

company, water carrier, steamship line, railroad, vehicle

equipment leasing company, and their subsidiary or affiliated

companies owning the equipment.

"Federal motor carrier safety regulations" means

regulations promulgated by the United States Department of

Transportation governing the condition and maintenance of

commercial motor vehicles contained in Title 49 of the United

States Code of Federal Regulations on the day of enactment of

this Act or as amended or revised by the United States

Department of Transportation thereafter.

"Interchange" means the act of providing a vehicle to a

motor carrier by an equipment provider for the purpose of

transporting the vehicle for loading or unloading by another

party or the repositioning of the vehicle for the benefit of

the equipment provider. "Interchange" does not include the

leasing of the vehicle by a motor carrier from an

owner-operator pursuant to subpart B of Part 376 of Title 49 of

the Code of Federal Regulations or the leasing of a vehicle to

a motor carrier for use in the motor carrier's over-the-road

freight hauling operations.

"Operator" means a motor carrier or driver of a commercial

motor vehicle.

"Vehicle" means an intermodal trailer, chassis, or

container.

(b) Responsibility of equipment provider. An equipment

provider shall not interchange or offer for interchange a

vehicle with an operator for use on a highway which vehicle is

in violation of the requirements contained in the federal

motor carrier safety regulations. It is the responsibility of

the equipment provider to inspect and, if a vehicle at the time

of inspection does not comply with all federal motor carrier

safety regulation requirements, perform the necessary repairs

on, all vehicles prior to interchange or offering for

interchange.

(c) Duty of inspection by the operator. Before

interchanging a vehicle with an operator, an equipment

provider must provide the operator the opportunity and

facilities to perform a visual inspection of the equipment.

The operator must determine if it complies with the provisions

of the federal motor carrier safety regulation capable of

being determined from an inspection. If the operator

determines that the vehicle does not comply with the

provisions of the federal motor carrier safety regulations,

the equipment provider shall immediately perform the necessary

repairs to the vehicle so that it complies with the federal

motor carrier safety regulations or shall immediately provide

the operator with another vehicle.

(d) Presumption of defect prior to interchange.

(1) If as a result of a roadside inspection by the

Illinois State Police Department, any of the defects

listed in paragraph (2) are discovered, a rebuttable

presumption existed at the time of the interchange. If a

summons or complaint is issued to the operator, the

operator may seek relief pursuant to paragraph (3).

(2) A rebuttable presumption exists that the following

defects were present at the time of the interchange:

(A) There is a defect with the brake drum when:

(I) the drum cracks;

(II) the lining is loose or missing; or

(III) the lining is saturated with oil.

(B) There is a defect of inoperative brakes when:

(I) there is no movement of any components;

(II) there are missing, broken, or loose

components; or

(III) there are mismatched components.

(C) There is a defect with the air lines and tubing

when:

(I) there is a bulge and swelling;

(II) there is an audible air leak; or

(III) there are air lines broken, cracked, or

crimped.

(D) There is a defect with the reservoir tank when

there is any separation of original attachment points.

(E) There is a defect with the frames when:

(I) there is any cracked, loose, sagging, or

broken frame members which measure one and

one-half inch in web or one inch or longer in

bottom flange or any crack extending from web

radius into bottom flange; or

(II) there is any condition which causes

moving parts to come in contact with the frame.

(F) There is an electrical defect when wires are

chaffed.

(G) There is a defect with the wheel assembly

when:

(I) there is low or no oil;

(II) there is oil leakage on brake components;

(III) there are lug nuts that are loose or

missing; or

(IV) the wheel bearings are not properly

maintained.

(H) There is a defect with the tires when:

(I) there is improper inflation;

(II) there is tire separation from the casing;

or

(III) there are exposed plys or belting

material.

(I) There is defect with rim cracks when:

(I) there is any circumferential crack, except

a manufactured crack; or

(II) there is a lock or side ring cracked,

bent, broken, sprung, improperly seated, or

mismatched.

(J) There is a defect with the suspension when:

(I) there are spring assembly leaves broken,

missing, or separated; or

(II) there are spring hanger, u-bolts, or axle

positioning components cracked, broken loose, or

missing.

(K) There is a defect with the chassis locking

pins when there is any twist lock or fitting for

securement that is sprung, broken, or improperly

latched.

(3) If an operator receives a citation for a violation

due to a defect in any equipment specified in subsection

(d)(2), the equipment provider shall reimburse the

operator for any:

(A) fines and costs, including court costs and

reasonable attorneys fees, incurred as a result of the

citation; and

(B) costs incurred by the operator to repair the

defects specified in the citation, including any

towing costs incurred.

The equipment provider shall reimburse the operator

within 30 days of the final court action. If the equipment

provider fails to reimburse the operator within 30 days,

the operator has a civil cause of action against the

equipment provider.

(e) Fines and penalties. Any person violating the

provisions of this Section shall be fined no less than $50 and

no more than $500 for each violation.

(f) Obligation of motor carrier. Nothing in this Section

is intended to eliminate the responsibility and obligation of

a motor carrier and operator to maintain and operate vehicles

in accordance with the federal motor carrier safety

regulations and applicable State and local laws and

regulations.

(g) This Section shall not be applied, construed, or

implemented in any manner inconsistent with, or in conflict

with, any provision of the federal motor carrier safety

regulations.

(Source: P.A. 91-662, eff. 7-1-00.)

(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)

Sec. 18c-1702. Responsibility for Enforcement. It shall be

the duty of the Commission and of the Illinois State Police and

the Secretary of State to conduct investigations, make

arrests, and take any other action necessary for the

enforcement of this Chapter.

(Source: P.A. 84-796.)

(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)

Sec. 18c-4601. Cab Card and Identifier to be Carried and

Displayed in Each Vehicle.

(1) General Provisions.

(a) Carrying Requirement. Each motor vehicle used in

for-hire transportation upon the public roads of this State

shall carry a current cab card together with an identifier

issued by or under authority of the Commission. If the carrier

is an intrastate motor carrier of property, the prescribed

intrastate cab card and identifier shall be required; if the

carrier is an interstate motor carrier of property, the

prescribed interstate cab card and identifier shall be

required.

(b) Execution and Presentation Requirement. Such cab card

shall be properly executed by the carrier. The cab card, with

an identifier affixed or printed thereon, shall be carried in

the vehicle for which it was executed. The cab card and

identifier shall be presented upon request to any authorized

employee of the Commission or the Illinois State Police or

Secretary of State.

(c) Deadlines for Execution, Carrying, and Presentation.

Cab cards and identifiers shall be executed, carried, and

presented no earlier than December 1 of the calendar year

preceding the calendar year for which fees are owing, and no

later than February 1 of the calendar year for which fees are

owing, unless otherwise provided in Commission regulations and

orders.

(2) Interstate Compensated Intercorporate Hauling and

Single-Source Leasing. The provisions of subsection (1) of

this Section apply to motor vehicles used in interstate

compensated intercorporate hauling or which are leased, with

drivers, to private carriers for use in interstate commerce,

as well as to other motor vehicles used in for-hire

transportation upon the public roads of this State. However,

the Commission may:

(a) Exempt such carriers from the requirements of this

Article;

(b) Subject any exemption to such reasonable terms and

conditions as the Commission deems necessary to effectuate the

purposes of this Chapter; and

(c) Revoke any exemption granted hereunder if it deems

revocation necessary to effectuate the purposes of this

Chapter.

(Source: P.A. 85-553.)

Section 940. The Automated Traffic Control Systems in

Highway Construction or Maintenance Zones Act is amended by

changing Sections 10 and 25 as follows:

(625 ILCS 7/10)

Sec. 10. Establishment of automated control systems. The

Illinois Department of State Police may establish an automated

traffic control system in any construction or maintenance zone

established by the Department of Transportation or the

Illinois State Toll Highway Authority. An automated traffic

control system may operate only during those periods when

workers are present in the construction or maintenance zone.

In any prosecution based upon evidence obtained through an

automated traffic control system established under this Act,

the State must prove that one or more workers were present in

the construction or maintenance zone when the violation

occurred.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;

94-814, eff. 1-1-07.)

(625 ILCS 7/25)

Sec. 25. Limitations on the use of automated traffic

enforcement systems.

(a) The Illinois Department of State Police must conduct a

public information campaign to inform drivers about the use of

automated traffic control systems in highway construction or

maintenance zones before establishing any of those systems.

The Illinois Department of State Police shall adopt rules for

implementing this subsection (a).

(b) Signs indicating that speeds are enforced by automated

traffic control systems must be clearly posted in the areas

where the systems are in use.

(c) Operation of automated traffic control systems is

limited to areas where road construction or maintenance is

occurring.

(d) Photographs obtained in this manner may only be used

as evidence in relation to a violation of Section 11-605.1 of

the Illinois Vehicle Code for which the photograph is taken.

The photographs are available only to the owner of the

vehicle, the offender and the offender's attorney, the

judiciary, the local State's Attorney, and law enforcement

officials.

(e) If the driver of the vehicle cannot be identified

through the photograph, the owner is not liable for the fine,

and the citation may not be counted against the driving record

of the owner. If the driver can be identified, the driver is

liable for the fine, and the violation is counted against his

or her driving record.

(Source: P.A. 93-947, eff. 8-19-04.)

Section 945. The Child Passenger Protection Act is amended

by changing Section 7 as follows:

(625 ILCS 25/7) (from Ch. 95 1/2, par. 1107)

Sec. 7. Arrests - Prosecutions. The Illinois State Police

shall patrol the public highways and make arrests for a

violation of this Act. Police officers shall make arrests for

violations of this Act occurring upon the highway within the

limits of a county, city, village, or unincorporated town or

park district.

The State's Attorney of the county in which the violation

of this Act occurs shall prosecute all violations except when

the violation occurs within the corporate limits of a

municipality, the municipal attorney may prosecute if written

permission to do so is obtained from the State's Attorney.

The provisions of this Act shall not apply to a child

passenger with a physical disability of such a nature as to

prevent appropriate restraint in a seat, provided that the

disability is duly certified by a physician who shall state

the nature of the disability, as well as the reason the

restraint is inappropriate. No physician shall be liable, and

no cause of action may be brought for personal injuries

resulting from the exercise of good faith judgment in making

certifications under this provision.

(Source: P.A. 88-685, eff. 1-24-95.)

Section 950. The Boat Registration and Safety Act is

amended by changing Sections 3A-6, 3C-2, 3C-5, 3C-9, 5-16b,

5-16c, 5-22, and 6-1 as follows:

(625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)

Sec. 3A-6. Stolen and recovered watercraft.

(a) Every sheriff, superintendent of police, chief of

police or other police officer in command of any police

department in any city, village or town of the State shall, by

the fastest means of communications available to his or her

law enforcement agency, immediately report to the Illinois

Department of State Police the theft or recovery of any stolen

or converted watercraft within his or her district or

jurisdiction. The report shall give the date of theft,

description of the watercraft including color, manufacturer's

trade name, manufacturer's series name, identification number

and registration number, including the state in which the

registration number was issued, together with the name,

residence address, business address, and telephone number of

the owner. The report shall be routed by the originating law

enforcement agency through the Illinois State Police in a form

and manner prescribed by the Illinois Department of State

Police.

(b) A registered owner or a lienholder may report the

theft by conversion of a watercraft to the Illinois Department

of State Police or any other police department or sheriff's

office. The report will be accepted as a report of theft and

processed only if a formal complaint is on file and a warrant

issued.

(c) The Illinois Department of State Police shall keep a

complete record of all reports filed under this Section. Upon

receipt of the report, a careful search shall be made of the

records of the Illinois Department of State Police, and where

it is found that a watercraft reported recovered was stolen in

a county, city, village or town other than the county, city,

village or town in which it is recovered, the recovering

agency shall notify the reporting agency of the recovery in a

form and manner prescribed by the Illinois Department of State

Police.

(d) Notification of the theft of a watercraft will be

furnished to the Department of Natural Resources by the

Illinois Department of State Police. The Department of Natural

Resources shall place the proper information in the title

registration files and in the certificate of number files to

indicate the theft of a watercraft. Notification of the

recovery of a watercraft previously reported as a theft or a

conversion will be furnished to the Department of Natural

Resources by the Illinois Department of State Police. The

Department of Natural Resources shall remove the proper

information from the certificate of number and title

registration files that has previously indicated the theft of

a watercraft. The Department of Natural Resources shall

suspend the certificate of number of a watercraft upon receipt

of a report that the watercraft was stolen.

(e) When the Department of Natural Resources receives an

application for a certificate of title or an application for a

certificate of number of a watercraft and it is determined

from the records that the watercraft has been reported stolen,

the Department of Natural Resources, Division of Law

Enforcement, shall immediately notify the Illinois State

Police and shall give the Illinois State Police the name and

address of the person or firm titling or registering the

watercraft, together with all other information contained in

the application submitted by the person or firm.

(Source: P.A. 89-445, eff. 2-7-96.)

(625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)

Sec. 3C-2. Notification to law enforcement agencies. When

an abandoned, lost, stolen or unclaimed watercraft comes into

the temporary possession or custody of a person in this State,

not the owner of the watercraft, such person shall immediately

notify the municipal police when the watercraft is within the

corporate limits of any city, village or town having a duly

authorized police department, or the Illinois State Police,

Conservation Police or the county sheriff when the watercraft

is outside the corporate limits of a city, village or town.

Upon receipt of such notification, the municipal police, State

Police, Conservation Police, or county sheriff will authorize

a towing service to remove and take possession of the

abandoned, lost, stolen or unclaimed watercraft. The towing

service will safely keep the towed watercraft and its

contents, and maintain a record of the tow as set forth in

Section 3C-4 for law enforcement agencies, until the

watercraft is claimed by the owner or any other person legally

entitled to possession thereof or until it is disposed of as

provided in this Article.

(Source: P.A. 84-646.)

(625 ILCS 45/3C-5) (from Ch. 95 1/2, par. 313C-5)

Sec. 3C-5. Record searches. When a law enforcement agency

authorizing the impounding of a watercraft does not know the

identity of the registered owner, lienholder or other legally

entitled person, that law enforcement agency will cause the

watercraft registration records of the State of Illinois to be

searched by the Department of Natural Resources for the

purpose of obtaining the required ownership information. The

law enforcement agency authorizing the impounding of a

watercraft will cause the stolen watercraft files of the

Illinois State Police to be searched by a directed

communication to the Illinois State Police for stolen or

wanted information on the watercraft. When the Illinois State

Police files are searched with negative results, the

information contained in the National Crime Information Center

(NCIC) files will be searched by the Illinois State Police.

The information determined from these record searches will be

returned to the requesting law enforcement agency for that

agency's use in sending a notification by certified mail to

the registered owner, lienholder and other legally entitled

persons advising where the watercraft is held, requesting that

a disposition be made and setting forth public sale

information. Notification shall be sent no later than 10 days

after the date the law enforcement agency impounds or

authorizes the impounding of a watercraft, provided that if

the law enforcement agency is unable to determine the identity

of the registered owner, lienholder or other person legally

entitled to ownership of the impounded watercraft within a 10

day period after impoundment, then notification shall be sent

no later than 2 days after the date the identity of the

registered owner, lienholder or other person legally entitled

to ownership of the impounded watercraft is determined.

Exceptions to a notification by certified mail to the

registered owner, lienholder and other legally entitled

persons are set forth in Section 3C-9.

(Source: P.A. 89-445, eff. 2-7-96.)

(625 ILCS 45/3C-9) (from Ch. 95 1/2, par. 313C-9)

Sec. 3C-9. Disposal of unclaimed watercraft without

notice.

(a) When the identity of the registered owner, lienholder

and other person legally entitled to the possession of an

abandoned, lost or unclaimed watercraft of 7 years of age or

newer cannot be determined by any means provided for in this

Article, the watercraft may be sold as provided in Section

3C-8 without notice to any person whose identity cannot be

determined.

(b) When an abandoned watercraft of more than 7 years of

age is impounded as specified by this Article, it will be kept

in custody for a minimum of 10 days for the purpose of

determining the identity of the registered owner and

lienholder, contacting the registered owner and lienholder for

a determination of disposition, and an examination of the

Illinois State Police stolen watercraft files for the theft

and wanted information. At the expiration of the 10 day

period, if disposition information has not been received from

the registered owner or the lienholder, the law enforcement

agency having jurisdiction will authorize the disposal of the

watercraft as junk.

However, if, in the opinion of the police officer

processing the watercraft, it has a value of $200 or more and

can be restored to safe operating condition, the law

enforcement agency may authorize its purchase for salvage and

the Department of Natural Resources may issue a certificate of

title. A watercraft classified as a historical watercraft may

be sold to a person desiring to restore it.

(Source: P.A. 89-445, eff. 2-7-96.)

(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)

Sec. 5-16b. Preliminary breath screening test. If a law

enforcement officer has reasonable suspicion to believe that a

person is violating or has violated Section 5-16 or a similar

provision of a local ordinance, the officer, prior to an

arrest, may request the person to provide a sample of his or

her breath for a preliminary breath screening test using a

portable device approved by the Illinois Department of State

Police. The results of this preliminary breath screening test

may be used by the law enforcement officer for the purpose of

assisting with the determination of whether to require a

chemical test as authorized under Section 5-16 and the

appropriate type of test to request. Any chemical test

authorized under Section 5-16 may be requested by the officer

regardless of the result of the preliminary breath screening

test if probable cause for an arrest exists. The result of a

preliminary breath screening test may be used by the defendant

as evidence in any administrative or court proceeding

involving a violation of Section 5-16.

(Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)

(625 ILCS 45/5-16c)

Sec. 5-16c. Operator involvement in personal injury or

fatal boating accident; chemical tests.

(a) Any person who operates or is in actual physical

control of a motorboat within this State and who has been

involved in a personal injury or fatal boating accident shall

be deemed to have given consent to a breath test using a

portable device as approved by the Illinois Department of

State Police or to a chemical test or tests of blood, breath,

other bodily substance, or urine for the purpose of

determining the content of alcohol, other drug or drugs, or

intoxicating compound or compounds of the person's blood if

arrested as evidenced by the issuance of a uniform citation

for a violation of the Boat Registration and Safety Act or a

similar provision of a local ordinance, with the exception of

equipment violations contained in Article IV of this Act or

similar provisions of local ordinances. The test or tests

shall be administered at the direction of the arresting

officer. The law enforcement agency employing the officer

shall designate which of the aforesaid tests shall be

administered. Up to 2 additional tests of urine or other

bodily substance may be administered even after a blood or

breath test or both has been administered. Compliance with

this Section does not relieve the person from the requirements

of any other Section of this Act.

(b) Any person who is dead, unconscious, or who is

otherwise in a condition rendering that person incapable of

refusal shall be deemed not to have withdrawn the consent

provided by subsection (a) of this Section. In addition, if an

operator of a motorboat is receiving medical treatment as a

result of a boating accident, any physician licensed to

practice medicine, licensed physician assistant, licensed

advanced practice registered nurse, registered nurse, or a

phlebotomist acting under the direction of a licensed

physician shall withdraw blood for testing purposes to

ascertain the presence of alcohol, other drug or drugs, or

intoxicating compound or compounds, upon the specific request

of a law enforcement officer. However, this testing shall not

be performed until, in the opinion of the medical personnel on

scene, the withdrawal can be made without interfering with or

endangering the well-being of the patient.

(c) A person who is a CDL holder requested to submit to a

test under subsection (a) of this Section shall be warned by

the law enforcement officer requesting the test that a refusal

to submit to the test, or submission to the test resulting in

an alcohol concentration of 0.08 or more, or any amount of a

drug, substance, or intoxicating compound resulting from the

unlawful use or consumption of cannabis listed in the Cannabis

Control Act, a controlled substance listed in the Illinois

Controlled Substances Act, an intoxicating compound listed in

the Use of Intoxicating Compounds Act, or methamphetamine as

listed in the Methamphetamine Control and Community Protection

Act as detected in the person's blood, other bodily substance,

or urine, may result in the suspension of the person's

privilege to operate a motor vehicle and may result in the

disqualification of the person's privilege to operate a

commercial motor vehicle, as provided in Section 6-514 of the

Illinois Vehicle Code. A person who is not a CDL holder

requested to submit to a test under subsection (a) of this

Section shall be warned by the law enforcement officer

requesting the test that a refusal to submit to the test, or

submission to the test resulting in an alcohol concentration

of 0.08 or more, a tetrahydrocannabinol concentration in the

person's whole blood or other bodily substance as defined in

paragraph 6 of subsection (a) of Section 11-501.2 of the

Illinois Vehicle Code, or any amount of a drug, substance, or

intoxicating compound resulting from the unlawful use or

consumption of a controlled substance listed in the Illinois

Controlled Substances Act, an intoxicating compound listed in

the Use of Intoxicating Compounds Act, or methamphetamine as

listed in the Methamphetamine Control and Community Protection

Act as detected in the person's blood, other bodily substance,

or urine, may result in the suspension of the person's

privilege to operate a motor vehicle. The length of the

suspension shall be the same as outlined in Section 6-208.1 of

the Illinois Vehicle Code regarding statutory summary

suspensions.

(d) If the person is a CDL holder and refuses testing or

submits to a test which discloses an alcohol concentration of

0.08 or more, or any amount of a drug, substance, or

intoxicating compound in the person's blood, other bodily

substance, or urine resulting from the unlawful use or

consumption of cannabis listed in the Cannabis Control Act, a

controlled substance listed in the Illinois Controlled

Substances Act, an intoxicating compound listed in the Use of

Intoxicating Compounds Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act, the

law enforcement officer shall immediately submit a sworn

report to the Secretary of State on a form prescribed by the

Secretary of State, certifying that the test or tests were

requested under subsection (a) of this Section and the person

refused to submit to a test or tests or submitted to testing

which disclosed an alcohol concentration of 0.08 or more, or

any amount of a drug, substance, or intoxicating compound in

the person's blood, other bodily substance, or urine,

resulting from the unlawful use or consumption of cannabis

listed in the Cannabis Control Act, a controlled substance

listed in the Illinois Controlled Substances Act, an

intoxicating compound listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act. If the

person is not a CDL holder and refuses testing or submits to a

test which discloses an alcohol concentration of 0.08 or more,

a tetrahydrocannabinol concentration in the person's whole

blood or other bodily substance as defined in paragraph 6 of

subsection (a) of Section 11-501.2 of the Illinois Vehicle

Code, or any amount of a drug, substance, or intoxicating

compound in the person's blood, other bodily substance, or

urine resulting from the unlawful use or consumption of a

controlled substance listed in the Illinois Controlled

Substances Act, an intoxicating compound listed in the Use of

Intoxicating Compounds Act, or methamphetamine as listed in

the Methamphetamine Control and Community Protection Act, the

law enforcement officer shall immediately submit a sworn

report to the Secretary of State on a form prescribed by the

Secretary of State, certifying that the test or tests were

requested under subsection (a) of this Section and the person

refused to submit to a test or tests or submitted to testing

which disclosed an alcohol concentration of 0.08 or more, a

tetrahydrocannabinol concentration in the person's whole blood

or other bodily substance as defined in paragraph 6 of

subsection (a) of Section 11-501.2 of the Illinois Vehicle

Code, or any amount of a drug, substance, or intoxicating

compound in the person's blood or urine, resulting from the

unlawful use or consumption of a controlled substance listed

in the Illinois Controlled Substances Act, an intoxicating

compound listed in the Use of Intoxicating Compounds Act, or

methamphetamine as listed in the Methamphetamine Control and

Community Protection Act.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall enter the suspension and

disqualification to the person's driving record and the

suspension and disqualification shall be effective on the 46th

day following the date notice of the suspension was given to

the person.

The law enforcement officer submitting the sworn report

shall serve immediate notice of this suspension on the person

and this suspension and disqualification shall be effective on

the 46th day following the date notice was given.

In cases involving a person who is a CDL holder where the

blood alcohol concentration of 0.08 or more, or any amount of a

drug, substance, or intoxicating compound resulting from the

unlawful use or consumption of cannabis listed in the Cannabis

Control Act, a controlled substance listed in the Illinois

Controlled Substances Act, an intoxicating compound listed in

the Use of Intoxicating Compounds Act, or methamphetamine as

listed in the Methamphetamine Control and Community Protection

Act, is established by a subsequent analysis of blood, other

bodily substance, or urine collected at the time of arrest,

the arresting officer shall give notice as provided in this

Section or by deposit in the United States mail of this notice

in an envelope with postage prepaid and addressed to the

person at his or her address as shown on the uniform citation

and the suspension and disqualification shall be effective on

the 46th day following the date notice was given. In cases

involving a person who is not a CDL holder where the blood

alcohol concentration of 0.08 or more, a tetrahydrocannabinol

concentration in the person's whole blood or other bodily

substance as defined in paragraph 6 of subsection (a) of

Section 11-501.2 of the Illinois Vehicle Code, or any amount

of a drug, substance, or intoxicating compound resulting from

the unlawful use or consumption of a controlled substance

listed in the Illinois Controlled Substances Act, an

intoxicating compound listed in the Use of Intoxicating

Compounds Act, or methamphetamine as listed in the

Methamphetamine Control and Community Protection Act, is

established by a subsequent analysis of blood, other bodily

substance, or urine collected at the time of arrest, the

arresting officer shall give notice as provided in this

Section or by deposit in the United States mail of this notice

in an envelope with postage prepaid and addressed to the

person at his or her address as shown on the uniform citation

and the suspension shall be effective on the 46th day

following the date notice was given.

Upon receipt of the sworn report of a law enforcement

officer, the Secretary of State shall also give notice of the

suspension and disqualification to the person by mailing a

notice of the effective date of the suspension and

disqualification to the person. However, should the sworn

report be defective by not containing sufficient information

or be completed in error, the notice of the suspension and

disqualification shall not be mailed to the person or entered

to the driving record, but rather the sworn report shall be

returned to the issuing law enforcement agency.

(e) A person may contest this suspension of his or her

driving privileges and disqualification of his or her CDL

privileges by requesting an administrative hearing with the

Secretary of State in accordance with Section 2-118 of the

Illinois Vehicle Code. At the conclusion of a hearing held

under Section 2-118 of the Illinois Vehicle Code, the

Secretary of State may rescind, continue, or modify the orders

of suspension and disqualification. If the Secretary of State

does not rescind the orders of suspension and

disqualification, a restricted driving permit may be granted

by the Secretary of State upon application being made and good

cause shown. A restricted driving permit may be granted to

relieve undue hardship to allow driving for employment,

educational, and medical purposes as outlined in Section 6-206

of the Illinois Vehicle Code. The provisions of Section 6-206

of the Illinois Vehicle Code shall apply. In accordance with

49 C.F.R. 384, the Secretary of State may not issue a

restricted driving permit for the operation of a commercial

motor vehicle to a person holding a CDL whose driving

privileges have been suspended, revoked, cancelled, or

disqualified.

(f) For the purposes of this Section, a personal injury

shall include any type A injury as indicated on the accident

report completed by a law enforcement officer that requires

immediate professional attention in a doctor's office or a

medical facility. A type A injury shall include severely

bleeding wounds, distorted extremities, and injuries that

require the injured party to be carried from the scene.

(Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)

(625 ILCS 45/5-22)

Sec. 5-22. Operation of watercraft upon the approach of an

authorized emergency watercraft.

(a) As used in this Section, "authorized emergency

watercraft" includes any watercraft operated by the Illinois

Department of Natural Resources Police, the Illinois

Department of State Police, a county sheriff, a local law

enforcement agency, a fire department, a provider of emergency

medical services, or the United States Coast Guard, equipped

with alternately flashing red, blue, red and white, red and

blue, or red in combination with white or blue lights, while

engaged in official duties. Any authorized emergency

watercraft must be clearly emblazoned with markings

identifying it as a watercraft operated by the qualifying

agency.

(b) Upon the immediate approach of an authorized emergency

watercraft making use of rotating or flashing visual signals

and lawfully making use of a visual signal, the operator of

every other watercraft shall yield the right-of-way and shall

immediately reduce the speed of the watercraft, so as not to

create a wake, and shall yield way to the emergency

watercraft, moving to the right to permit the safe passage of

the emergency watercraft, and shall stop and remain in that

position until the authorized emergency watercraft has passed,

unless otherwise directed by a police officer.

(c) Upon approaching a stationary authorized emergency

watercraft, when the authorized emergency watercraft is giving

a signal by displaying rotating or alternately flashing red,

blue, red and white, red and blue, or red in combination with

white or blue lights, a person operating an approaching

watercraft shall proceed with due caution at no-wake speed and

yield the right-of-way by moving safely away from that

authorized emergency watercraft, proceeding with due caution

at a no-wake speed with due regard to safety and water

conditions, maintaining no-wake speed until sufficiently away

from the emergency watercraft so as not to create a wake that

would otherwise rock or otherwise disturb the authorized

emergency watercraft.

(d) This Section shall not operate to relieve the operator

of an authorized emergency watercraft from the duty to operate

that watercraft with due regard for the safety of all persons

using the waterway.

(e) A person who violates this Section commits a business

offense punishable by a fine of not less than $100 or more than

$10,000. It is a factor in aggravation if the person committed

the offense while in violation of Section 5-16 of this Act.

(f) If a violation of this Section results in damage to the

property of another person, in addition to any other penalty

imposed, the person's watercraft operating privileges shall be

suspended for a fixed period of not less than 90 days and not

more than one year.

(g) If a violation of this Section results in injury to

another person, in addition to any other penalty imposed, the

person's watercraft operating privileges shall be suspended

for a fixed period of not less than 180 days and not more than

2 years.

(h) If a violation of subsection (c) of this Section

results in great bodily harm or permanent disability or

disfigurement to, or the death of, another person, in addition

to any other penalty imposed, the person's watercraft

operating privileges shall be suspended for 2 years.

(i) The Department of Natural Resources shall, upon

receiving a record of a judgment entered against a person

under this Section:

(1) suspend the person's watercraft operating

privileges for the mandatory period; or

(2) extend the period of an existing suspension by the

appropriate mandatory period.

(Source: P.A. 98-102, eff. 7-22-13.)

(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)

Sec. 6-1. Collisions, accidents, and casualties; reports.

A. The operator of a vessel involved in a collision,

accident, or other casualty, so far as he can without serious

danger to his own vessel, crew, passengers and guests, if any,

shall render to other persons affected by the collision,

accident, or other casualty assistance as may be practicable

and as may be necessary in order to save them from or minimize

any danger caused by the collision, accident, or other

casualty, and also shall give his name, address, and

identification of his vessel to any person injured and to the

owner of any property damaged in the collision, accident, or

other casualty.

If the collision, accident, or other casualty has resulted

in the death of or personal injury to any person, failure to

comply with this subsection A is a Class A misdemeanor.

A-1. Any person who has failed to stop or to comply with

the requirements of subsection A must, as soon as possible but

in no case later than one hour after the collision, accident,

or other casualty, or, if hospitalized and incapacitated from

reporting at any time during that period, as soon as possible

but in no case later than one hour after being discharged from

the hospital, report the date, place, and approximate time of

the collision, accident, or other casualty, the watercraft

operator's name and address, the identification number of the

watercraft, if any, and the names of all other occupants of the

watercraft, at a police station or sheriff's office near the

location where the collision, accident, or other casualty

occurred. A report made as required under this subsection A-1

may not be used, directly or indirectly, as a basis for the

prosecution of any violation of subsection A.

As used in this Section, personal injury means any injury

requiring treatment beyond first aid.

Any person failing to comply with this subsection A-1 is

guilty of a Class 4 felony if the collision, accident, or other

casualty does not result in the death of any person. Any person

failing to comply with this subsection A-1 when the collision,

accident, or other casualty results in the death of any person

is guilty of a Class 2 felony, for which the person, if

sentenced to a term of imprisonment, shall be sentenced to a

term of not less than 3 years and not more than 14 years.

B. In the case of collision, accident, or other casualty

involving a vessel, the operator, if the collision, accident,

or other casualty results in death or injury to a person or

damage to property in excess of $2000, or there is a complete

loss of the vessel, shall file with the Department a full

description of the collision, accident, or other casualty,

including information as the Department may by regulation

require. Reports of the accidents must be filed with the

Department on a Department Accident Report form within 5 days.

C. Reports of accidents resulting in personal injury,

where a person sustains an injury requiring medical attention

beyond first aid, must be filed with the Department on a

Department Accident Report form within 5 days. Accidents that

result in loss of life shall be reported to the Department on a

Department form within 48 hours.

D. All required accident reports and supplemental reports

are without prejudice to the individual reporting, and are for

the confidential use of the Department, except that the

Department may disclose the identity of a person involved in

an accident when the identity is not otherwise known or when

the person denies his presence at the accident. No report to

the Department may be used as evidence in any trial, civil or

criminal, arising out of an accident, except that the

Department must furnish upon demand of any person who has or

claims to have made a report or upon demand of any court a

certificate showing that a specified accident report has or

has not been made to the Department solely to prove a

compliance or a failure to comply with the requirements that a

report be made to the Department.

E. (1) Every coroner or medical examiner shall on or

before the 10th day of each month report in writing to the

Department the circumstances surrounding the death of any

person that has occurred as the result of a boating

accident within the examiner's jurisdiction during the

preceding calendar month.

(2) Within 6 hours after a death resulting from a

boating accident, but in any case not more than 12 hours

after the occurrence of the boating accident, a blood

specimen of at least 10 cc shall be withdrawn from the body

of the decedent by the coroner or medical examiner or by a

qualified person at the direction of the physician. All

morticians shall obtain a release from the coroner or

medical examiner prior to proceeding with embalming any

body coming under the scope of this Section. The blood so

drawn shall be forwarded to a laboratory approved by the

Illinois Department of State Police for analysis of the

alcoholic content of the blood specimen. The coroner or

medical examiner causing the blood to be withdrawn shall

be notified of the results of each analysis made and shall

forward the results of each analysis to the Department.

The Department shall keep a record of all examinations to

be used for statistical purposes only. The cumulative

results of the examinations, without identifying the

individuals involved, shall be disseminated and made

public by the Department.

(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)

Section 955. The Public-Private Partnerships for

Transportation Act is amended by changing Section 70 as

follows:

(630 ILCS 5/70)

Sec. 70. Additional powers of transportation agencies with

respect to transportation projects.

(a) Each transportation agency may exercise any powers

provided under this Act in participation or cooperation with

any governmental entity and enter into any contracts to

facilitate that participation or cooperation without

compliance with any other statute. Each transportation agency

shall cooperate with each other and with other governmental

entities in carrying out transportation projects under this

Act.

(b) Each transportation agency may make and enter into all

contracts and agreements necessary or incidental to the

performance of the transportation agency's duties and the

execution of the transportation agency's powers under this

Act. Except as otherwise required by law, these contracts or

agreements are not subject to any approvals other than the

approval of the transportation agency and may be for any term

of years and contain any terms that are considered reasonable

by the transportation agency.

(c) Each transportation agency may pay the costs incurred

under a public-private agreement entered into under this Act

from any funds available to the transportation agency under

this Act or any other statute.

(d) A transportation agency or other State agency may not

take any action that would impair a public-private agreement

entered into under this Act.

(e) Each transportation agency may enter into an agreement

between and among the contractor, the transportation agency,

and the Illinois Department of State Police concerning the

provision of law enforcement assistance with respect to a

transportation project that is the subject of a public-private

agreement under this Act.

(f) Each transportation agency is authorized to enter into

arrangements with the Illinois Department of State Police

related to costs incurred in providing law enforcement

assistance under this Act.

(Source: P.A. 97-502, eff. 8-23-11.)

Section 965. The Clerks of Courts Act is amended by

changing Section 27.3b-1 as follows:

(705 ILCS 105/27.3b-1)

Sec. 27.3b-1. Minimum fines; disbursement of fines.

(a) Unless otherwise specified by law, the minimum fine

for a conviction or supervision disposition on a minor traffic

offense is $25 and the minimum fine for a conviction,

supervision disposition, or violation based upon a plea of

guilty or finding of guilt for any other offense is $75. If the

court finds that the fine would impose an undue burden on the

victim, the court may reduce or waive the fine. In this

subsection (a), "victim" shall not be construed to include the

defendant.

(b) Unless otherwise specified by law, all fines imposed

on a misdemeanor offense, other than a traffic, conservation,

or driving under the influence offense, or on a felony offense

shall be disbursed within 60 days after receipt by the circuit

clerk to the county treasurer for deposit into the county's

General Fund. Unless otherwise specified by law, all fines

imposed on an ordinance offense or a misdemeanor traffic,

misdemeanor conservation, or misdemeanor driving under the

influence offense shall be disbursed within 60 days after

receipt by the circuit clerk to the treasurer of the unit of

government of the arresting agency. If the arresting agency is

the office of the sheriff, the county treasurer shall deposit

the portion into a fund to support the law enforcement

operations of the office of the sheriff. If the arresting

agency is a State agency, the State Treasurer shall deposit

the portion as follows:

(1) if the arresting agency is the Illinois Department

of State Police, into the State Police Law Enforcement

Administration Fund;

(2) if the arresting agency is the Department of

Natural Resources, into the Conservation Police Operations

Assistance Fund;

(3) if the arresting agency is the Secretary of State,

into the Secretary of State Police Services Fund; and

(4) if the arresting agency is the Illinois Commerce

Commission, into the Transportation Regulatory Fund.

(Source: P.A. 100-987, eff. 7-1-19; 101-636, eff. 6-10-20.)

Section 970. The Criminal and Traffic Assessment Act is

amended by changing Sections 10-5 and 15-70 as follows:

(705 ILCS 135/10-5)

(Section scheduled to be repealed on January 1, 2022)

Sec. 10-5. Funds.

(a) All money collected by the Clerk of the Circuit Court

under Article 15 of this Act shall be remitted as directed in

Article 15 of this Act to the county treasurer, to the State

Treasurer, and to the treasurers of the units of local

government. If an amount payable to any of the treasurers is

less than $10, the clerk may postpone remitting the money

until $10 has accrued or by the end of fiscal year. The

treasurers shall deposit the money as indicated in the

schedules, except, in a county with a population of over

3,000,000, money remitted to the county treasurer shall be

subject to appropriation by the county board. Any amount

retained by the Clerk of the Circuit Court in a county with a

population of over 3,000,000 shall be subject to appropriation

by the county board.

(b) The county treasurer or the treasurer of the unit of

local government may create the funds indicated in paragraphs

(1) through (5), (9), and (16) of subsection (d) of this

Section, if not already in existence. If a county or unit of

local government has not instituted, and does not plan to

institute a program that uses a particular fund, the treasurer

need not create the fund and may instead deposit the money

intended for the fund into the general fund of the county or

unit of local government for use in financing the court

system.

(c) If the arresting agency is a State agency, the

arresting agency portion shall be remitted by the clerk of

court to the State Treasurer who shall deposit the portion as

follows:

(1) if the arresting agency is the Illinois Department

of State Police, into the State Police Law Enforcement

Administration Fund;

(2) if the arresting agency is the Department of

Natural Resources, into the Conservation Police Operations

Assistance Fund;

(3) if the arresting agency is the Secretary of State,

into the Secretary of State Police Services Fund; and

(4) if the arresting agency is the Illinois Commerce

Commission, into the Transportation Regulatory Fund.

(d) Fund descriptions and provisions:

(1) The Court Automation Fund is to defray the

expense, borne by the county, of establishing and

maintaining automated record keeping systems in the Office

of the Clerk of the Circuit Court. The money shall be

remitted monthly by the clerk to the county treasurer and

identified as funds for the Circuit Court Clerk. The fund

shall be audited by the county auditor, and the board

shall make expenditures from the fund in payment of any

costs related to the automation of court records including

hardware, software, research and development costs, and

personnel costs related to the foregoing, provided that

the expenditure is approved by the clerk of the court and

by the chief judge of the circuit court or his or her

designee.

(2) The Document Storage Fund is to defray the

expense, borne by the county, of establishing and

maintaining a document storage system and converting the

records of the circuit court clerk to electronic or

micrographic storage. The money shall be remitted monthly

by the clerk to the county treasurer and identified as

funds for the circuit court clerk. The fund shall be

audited by the county auditor, and the board shall make

expenditure from the fund in payment of any cost related

to the storage of court records, including hardware,

software, research and development costs, and personnel

costs related to the foregoing, provided that the

expenditure is approved by the clerk of the court.

(3) The Circuit Clerk Operations and Administration

Fund may be used to defray the expenses incurred for

collection and disbursement of the various assessment

schedules. The money shall be remitted monthly by the

clerk to the county treasurer and identified as funds for

the circuit court clerk.

(4) The State's Attorney Records Automation Fund is to

defray the expense of establishing and maintaining

automated record keeping systems in the offices of the

State's Attorney. The money shall be remitted monthly by

the clerk to the county treasurer for deposit into the

State's Attorney Records Automation Fund. Expenditures

from this fund may be made by the State's Attorney for

hardware, software, and research and development related

to automated record keeping systems.

(5) The Public Defender Records Automation Fund is to

defray the expense of establishing and maintaining

automated record keeping systems in the offices of the

Public Defender. The money shall be remitted monthly by

the clerk to the county treasurer for deposit into the

Public Defender Records Automation Fund. Expenditures from

this fund may be made by the Public Defender for hardware,

software, and research and development related to

automated record keeping systems.

(6) The DUI Fund shall be used for enforcement and

prevention of driving while under the influence of

alcohol, other drug or drugs, intoxicating compound or

compounds or any combination thereof, as defined by

Section 11-501 of the Illinois Vehicle Code, including,

but not limited to, the purchase of law enforcement

equipment and commodities that will assist in the

prevention of alcohol-related criminal violence throughout

the State; police officer training and education in areas

related to alcohol-related crime, including, but not

limited to, DUI training; and police officer salaries,

including, but not limited to, salaries for hire-back

funding for safety checkpoints, saturation patrols, and

liquor store sting operations. Any moneys shall be used to

purchase law enforcement equipment that will assist in the

prevention of alcohol-related criminal violence throughout

the State. The money shall be remitted monthly by the

clerk to the State or local treasurer for deposit as

provided by law.

(7) The Trauma Center Fund shall be distributed as

provided under Section 3.225 of the Emergency Medical

Services (EMS) Systems Act.

(8) The Probation and Court Services Fund is to be

expended as described in Section 15.1 of the Probation and

Probation Officers Act.

(9) The Circuit Court Clerk Electronic Citation Fund

shall have the Circuit Court Clerk as the custodian, ex

officio, of the Fund and shall be used to perform the

duties required by the office for establishing and

maintaining electronic citations. The Fund shall be

audited by the county's auditor.

(10) The Drug Treatment Fund is a special fund in the

State treasury. Moneys in the Fund shall be expended as

provided in Section 411.2 of the Illinois Controlled

Substances Act.

(11) The Violent Crime Victims Assistance Fund is a

special fund in the State treasury to provide moneys for

the grants to be awarded under the Violent Crime Victims

Assistance Act.

(12) The Criminal Justice Information Projects Fund

shall be appropriated to and administered by the Illinois

Criminal Justice Information Authority for distribution to

fund Illinois Department of State Police drug task forces

and Metropolitan Enforcement Groups, for the costs

associated with making grants from the Prescription Pill

and Drug Disposal Fund, for undertaking criminal justice

information projects, and for the operating and other

expenses of the Authority incidental to those criminal

justice information projects. The moneys deposited into

the Criminal Justice Information Projects Fund under

Sections 15-15 and 15-35 of this Act shall be appropriated

to and administered by the Illinois Criminal Justice

Information Authority for distribution to fund Illinois

Department of State Police drug task forces and

Metropolitan Enforcement Groups by dividing the funds

equally by the total number of Illinois Department of

State Police drug task forces and Illinois Metropolitan

Enforcement Groups.

(13) The Sexual Assault Services Fund shall be

appropriated to the Department of Public Health. Upon

appropriation of moneys from the Sexual Assault Services

Fund, the Department of Public Health shall make grants of

these moneys to sexual assault organizations with whom the

Department has contracts for the purpose of providing

community-based services to victims of sexual assault.

Grants are in addition to, and are not substitutes for,

other grants authorized and made by the Department.

(14) The County Jail Medical Costs Fund is to help

defray the costs outlined in Section 17 of the County Jail

Act. Moneys in the Fund shall be used solely for

reimbursement to the county of costs for medical expenses

and administration of the Fund.

(15) The Prisoner Review Board Vehicle and Equipment

Fund is a special fund in the State treasury. The Prisoner

Review Board shall, subject to appropriation by the

General Assembly and approval by the Secretary, use all

moneys in the Prisoner Review Board Vehicle and Equipment

Fund for the purchase and operation of vehicles and

equipment.

(16) In each county in which a Children's Advocacy

Center provides services, a Child Advocacy Center Fund is

specifically for the operation and administration of the

Children's Advocacy Center, from which the county board

shall make grants to support the activities and services

of the Children's Advocacy Center within that county.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;

101-636, eff. 6-10-20.)

(705 ILCS 135/15-70)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-70. Conditional assessments. In addition to

payments under one of the Schedule of Assessments 1 through 13

of this Act, the court shall also order payment of any of the

following conditional assessment amounts for each sentenced

violation in the case to which a conditional assessment is

applicable, which shall be collected and remitted by the Clerk

of the Circuit Court as provided in this Section:

(1) arson, residential arson, or aggravated arson,

$500 per conviction to the State Treasurer for deposit

into the Fire Prevention Fund;

(2) child pornography under Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012, $500

per conviction, unless more than one agency is responsible

for the arrest in which case the amount shall be remitted

to each unit of government equally:

(A) if the arresting agency is an agency of a unit

of local government, $500 to the treasurer of the unit

of local government for deposit into the unit of local

government's General Fund, except that if the Illinois

Department of State Police provides digital or

electronic forensic examination assistance, or both,

to the arresting agency then $100 to the State

Treasurer for deposit into the State Crime Laboratory

Fund; or

(B) if the arresting agency is the Illinois

Department of State Police, $500 to the State

Treasurer for deposit into the State Crime Laboratory

Fund;

(3) crime laboratory drug analysis for a drug-related

offense involving possession or delivery of cannabis or

possession or delivery of a controlled substance as

defined in the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act, $100 reimbursement for

laboratory analysis, as set forth in subsection (f) of

Section 5-9-1.4 of the Unified Code of Corrections;

(4) DNA analysis, $250 on each conviction in which it

was used to the State Treasurer for deposit into the State

Offender DNA Identification System Fund as set forth in

Section 5-4-3 of the Unified Code of Corrections;

(5) DUI analysis, $150 on each sentenced violation in

which it was used as set forth in subsection (f) of Section

5-9-1.9 of the Unified Code of Corrections;

(6) drug-related offense involving possession or

delivery of cannabis or possession or delivery of a

controlled substance, other than methamphetamine, as

defined in the Cannabis Control Act or the Illinois

Controlled Substances Act, an amount not less than the

full street value of the cannabis or controlled substance

seized for each conviction to be disbursed as follows:

(A) 12.5% of the street value assessment shall be

paid into the Youth Drug Abuse Prevention Fund, to be

used by the Department of Human Services for the

funding of programs and services for drug-abuse

treatment, and prevention and education services;

(B) 37.5% to the county in which the charge was

prosecuted, to be deposited into the county General

Fund;

(C) 50% to the treasurer of the arresting law

enforcement agency of the municipality or county, or

to the State Treasurer if the arresting agency was a

state agency;

(D) if the arrest was made in combination with

multiple law enforcement agencies, the clerk shall

equitably allocate the portion in subparagraph (C) of

this paragraph (6) among the law enforcement agencies

involved in the arrest;

(6.5) Kane County or Will County, in felony,

misdemeanor, local or county ordinance, traffic, or

conservation cases, up to $30 as set by the county board

under Section 5-1101.3 of the Counties Code upon the entry

of a judgment of conviction, an order of supervision, or a

sentence of probation without entry of judgment under

Section 10 of the Cannabis Control Act, Section 410 of the

Illinois Controlled Substances Act, Section 70 of the

Methamphetamine Control and Community Protection Act,

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

the Criminal Code of 1961 or the Criminal Code of 2012,

Section 10-102 of the Illinois Alcoholism and Other Drug

Dependency Act, or Section 10 of the Steroid Control Act;

except in local or county ordinance, traffic, and

conservation cases, if fines are paid in full without a

court appearance, then the assessment shall not be imposed

or collected. Distribution of assessments collected under

this paragraph (6.5) shall be as provided in Section

5-1101.3 of the Counties Code;

(7) methamphetamine-related offense involving

possession or delivery of methamphetamine or any salt of

an optical isomer of methamphetamine or possession of a

methamphetamine manufacturing material as set forth in

Section 10 of the Methamphetamine Control and Community

Protection Act with the intent to manufacture a substance

containing methamphetamine or salt of an optical isomer of

methamphetamine, an amount not less than the full street

value of the methamphetamine or salt of an optical isomer

of methamphetamine or methamphetamine manufacturing

materials seized for each conviction to be disbursed as

follows:

(A) 12.5% of the street value assessment shall be

paid into the Youth Drug Abuse Prevention Fund, to be

used by the Department of Human Services for the

funding of programs and services for drug-abuse

treatment, and prevention and education services;

(B) 37.5% to the county in which the charge was

prosecuted, to be deposited into the county General

Fund;

(C) 50% to the treasurer of the arresting law

enforcement agency of the municipality or county, or

to the State Treasurer if the arresting agency was a

state agency;

(D) if the arrest was made in combination with

multiple law enforcement agencies, the clerk shall

equitably allocate the portion in subparagraph (C) of

this paragraph (6) among the law enforcement agencies

involved in the arrest;

(8) order of protection violation under Section 12-3.4

of the Criminal Code of 2012, $200 for each conviction to

the county treasurer for deposit into the Probation and

Court Services Fund for implementation of a domestic

violence surveillance program and any other assessments or

fees imposed under Section 5-9-1.16 of the Unified Code of

Corrections;

(9) order of protection violation, $25 for each

violation to the State Treasurer, for deposit into the

Domestic Violence Abuser Services Fund;

(10) prosecution by the State's Attorney of a:

(A) petty or business offense, $4 to the county

treasurer of which $2 deposited into the State's

Attorney Records Automation Fund and $2 into the

Public Defender Records Automation Fund;

(B) conservation or traffic offense, $2 to the

county treasurer for deposit into the State's Attorney

Records Automation Fund;

(11) speeding in a construction zone violation, $250

to the State Treasurer for deposit into the Transportation

Safety Highway Hire-back Fund, unless (i) the violation

occurred on a highway other than an interstate highway and

(ii) a county police officer wrote the ticket for the

violation, in which case to the county treasurer for

deposit into that county's Transportation Safety Highway

Hire-back Fund;

(12) supervision disposition on an offense under the

Illinois Vehicle Code or similar provision of a local

ordinance, 50 cents, unless waived by the court, into the

Prisoner Review Board Vehicle and Equipment Fund;

(13) victim and offender are family or household

members as defined in Section 103 of the Illinois Domestic

Violence Act of 1986 and offender pleads guilty or no

contest to or is convicted of murder, voluntary

manslaughter, involuntary manslaughter, burglary,

residential burglary, criminal trespass to residence,

criminal trespass to vehicle, criminal trespass to land,

criminal damage to property, telephone harassment,

kidnapping, aggravated kidnaping, unlawful restraint,

forcible detention, child abduction, indecent solicitation

of a child, sexual relations between siblings,

exploitation of a child, child pornography, assault,

aggravated assault, battery, aggravated battery, heinous

battery, aggravated battery of a child, domestic battery,

reckless conduct, intimidation, criminal sexual assault,

predatory criminal sexual assault of a child, aggravated

criminal sexual assault, criminal sexual abuse, aggravated

criminal sexual abuse, violation of an order of

protection, disorderly conduct, endangering the life or

health of a child, child abandonment, contributing to

dependency or neglect of child, or cruelty to children and

others, $200 for each sentenced violation to the State

Treasurer for deposit as follows: (i) for sexual assault,

as defined in Section 5-9-1.7 of the Unified Code of

Corrections, when the offender and victim are family

members, one-half to the Domestic Violence Shelter and

Service Fund, and one-half to the Sexual Assault Services

Fund; (ii) for the remaining offenses to the Domestic

Violence Shelter and Service Fund;

(14) violation of Section 11-501 of the Illinois

Vehicle Code, Section 5-7 of the Snowmobile Registration

and Safety Act, Section 5-16 of the Boat Registration and

Safety Act, or a similar provision, whose operation of a

motor vehicle, snowmobile, or watercraft while in

violation of Section 11-501, Section 5-7 of the Snowmobile

Registration and Safety Act, Section 5-16 of the Boat

Registration and Safety Act, or a similar provision

proximately caused an incident resulting in an appropriate

emergency response, $1,000 maximum to the public agency

that provided an emergency response related to the

person's violation, and if more than one agency responded,

the amount payable to public agencies shall be shared

equally;

(15) violation of Section 401, 407, or 407.2 of the

Illinois Controlled Substances Act that proximately caused

any incident resulting in an appropriate drug-related

emergency response, $1,000 as reimbursement for the

emergency response to the law enforcement agency that made

the arrest, and if more than one agency is responsible for

the arrest, the amount payable to law enforcement agencies

shall be shared equally;

(16) violation of reckless driving, aggravated

reckless driving, or driving 26 miles per hour or more in

excess of the speed limit that triggered an emergency

response, $1,000 maximum reimbursement for the emergency

response to be distributed in its entirety to a public

agency that provided an emergency response related to the

person's violation, and if more than one agency responded,

the amount payable to public agencies shall be shared

equally;

(17) violation based upon each plea of guilty,

stipulation of facts, or finding of guilt resulting in a

judgment of conviction or order of supervision for an

offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of

the Criminal Code of 2012 that results in the imposition

of a fine, to be distributed as follows:

(A) $50 to the county treasurer for deposit into

the Circuit Court Clerk Operation and Administrative

Fund to cover the costs in administering this

paragraph (17);

(B) $300 to the State Treasurer who shall deposit

the portion as follows:

(i) if the arresting or investigating agency

is the Illinois Department of State Police, into

the State Police Law Enforcement Administration

Fund;

(ii) if the arresting or investigating agency

is the Department of Natural Resources, into the

Conservation Police Operations Assistance Fund;

(iii) if the arresting or investigating agency

is the Secretary of State, into the Secretary of

State Police Services Fund;

(iv) if the arresting or investigating agency

is the Illinois Commerce Commission, into the

Transportation Regulatory Fund; or

(v) if more than one of the State agencies in

this subparagraph (B) is the arresting or

investigating agency, then equal shares with the

shares deposited as provided in the applicable

items (i) through (iv) of this subparagraph (B);

and

(C) the remainder for deposit into the Specialized

Services for Survivors of Human Trafficking Fund;

(18) weapons violation under Section 24-1.1, 24-1.2,

or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

of 2012, $100 for each conviction to the State Treasurer

for deposit into the Trauma Center Fund; and

(19) violation of subsection (c) of Section 11-907 of

the Illinois Vehicle Code, $250 to the State Treasurer for

deposit into the Scott's Law Fund, unless a county or

municipal police officer wrote the ticket for the

violation, in which case to the county treasurer for

deposit into that county's or municipality's

Transportation Safety Highway Hire-back Fund to be used as

provided in subsection (j) of Section 11-907 of the

Illinois Vehicle Code.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;

101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)

Section 975. The Juvenile Court Act of 1987 is amended by

changing Sections 1-3, 1-7, 1-8, 2-21, 2-25, 3-26, 4-23,

5-105, 5-301, 5-305, 5-730, 5-901, and 5-915 as follows:

(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)

Sec. 1-3. Definitions. Terms used in this Act, unless the

context otherwise requires, have the following meanings

ascribed to them:

(1) "Adjudicatory hearing" means a hearing to determine

whether the allegations of a petition under Section 2-13, 3-15

or 4-12 that a minor under 18 years of age is abused, neglected

or dependent, or requires authoritative intervention, or

addicted, respectively, are supported by a preponderance of

the evidence or whether the allegations of a petition under

Section 5-520 that a minor is delinquent are proved beyond a

reasonable doubt.

(2) "Adult" means a person 21 years of age or older.

(3) "Agency" means a public or private child care facility

legally authorized or licensed by this State for placement or

institutional care or for both placement and institutional

care.

(4) "Association" means any organization, public or

private, engaged in welfare functions which include services

to or on behalf of children but does not include "agency" as

herein defined.

(4.05) Whenever a "best interest" determination is

required, the following factors shall be considered in the

context of the child's age and developmental needs:

(a) the physical safety and welfare of the child,

including food, shelter, health, and clothing;

(b) the development of the child's identity;

(c) the child's background and ties, including

familial, cultural, and religious;

(d) the child's sense of attachments, including:

(i) where the child actually feels love,

attachment, and a sense of being valued (as opposed to

where adults believe the child should feel such love,

attachment, and a sense of being valued);

(ii) the child's sense of security;

(iii) the child's sense of familiarity;

(iv) continuity of affection for the child;

(v) the least disruptive placement alternative for

the child;

(e) the child's wishes and long-term goals;

(f) the child's community ties, including church,

school, and friends;

(g) the child's need for permanence which includes the

child's need for stability and continuity of relationships

with parent figures and with siblings and other relatives;

(h) the uniqueness of every family and child;

(i) the risks attendant to entering and being in

substitute care; and

(j) the preferences of the persons available to care

for the child.

(4.1) "Chronic truant" shall have the definition ascribed

to it in Section 26-2a of the School Code.

(5) "Court" means the circuit court in a session or

division assigned to hear proceedings under this Act.

(6) "Dispositional hearing" means a hearing to determine

whether a minor should be adjudged to be a ward of the court,

and to determine what order of disposition should be made in

respect to a minor adjudged to be a ward of the court.

(6.5) "Dissemination" or "disseminate" means to publish,

produce, print, manufacture, distribute, sell, lease, exhibit,

broadcast, display, transmit, or otherwise share information

in any format so as to make the information accessible to

others.

(7) "Emancipated minor" means any minor 16 years of age or

over who has been completely or partially emancipated under

the Emancipation of Minors Act or under this Act.

(7.03) "Expunge" means to physically destroy the records

and to obliterate the minor's name from any official index,

public record, or electronic database.

(7.05) "Foster parent" includes a relative caregiver

selected by the Department of Children and Family Services to

provide care for the minor.

(8) "Guardianship of the person" of a minor means the duty

and authority to act in the best interests of the minor,

subject to residual parental rights and responsibilities, to

make important decisions in matters having a permanent effect

on the life and development of the minor and to be concerned

with his or her general welfare. It includes but is not

necessarily limited to:

(a) the authority to consent to marriage, to

enlistment in the armed forces of the United States, or to

a major medical, psychiatric, and surgical treatment; to

represent the minor in legal actions; and to make other

decisions of substantial legal significance concerning the

minor;

(b) the authority and duty of reasonable visitation,

except to the extent that these have been limited in the

best interests of the minor by court order;

(c) the rights and responsibilities of legal custody

except where legal custody has been vested in another

person or agency; and

(d) the power to consent to the adoption of the minor,

but only if expressly conferred on the guardian in

accordance with Section 2-29, 3-30, or 4-27.

(8.1) "Juvenile court record" includes, but is not limited

to:

(a) all documents filed in or maintained by the

juvenile court pertaining to a specific incident,

proceeding, or individual;

(b) all documents relating to a specific incident,

proceeding, or individual made available to or maintained

by probation officers;

(c) all documents, video or audio tapes, photographs,

and exhibits admitted into evidence at juvenile court

hearings; or

(d) all documents, transcripts, records, reports, or

other evidence prepared by, maintained by, or released by

any municipal, county, or State agency or department, in

any format, if indicating involvement with the juvenile

court relating to a specific incident, proceeding, or

individual.

(8.2) "Juvenile law enforcement record" includes records

of arrest, station adjustments, fingerprints, probation

adjustments, the issuance of a notice to appear, or any other

records or documents maintained by any law enforcement agency

relating to a minor suspected of committing an offense, and

records maintained by a law enforcement agency that identifies

a juvenile as a suspect in committing an offense, but does not

include records identifying a juvenile as a victim, witness,

or missing juvenile and any records created, maintained, or

used for purposes of referral to programs relating to

diversion as defined in subsection (6) of Section 5-105.

(9) "Legal custody" means the relationship created by an

order of court in the best interests of the minor which imposes

on the custodian the responsibility of physical possession of

a minor and the duty to protect, train and discipline him and

to provide him with food, shelter, education and ordinary

medical care, except as these are limited by residual parental

rights and responsibilities and the rights and

responsibilities of the guardian of the person, if any.

(9.1) "Mentally capable adult relative" means a person 21

years of age or older who is not suffering from a mental

illness that prevents him or her from providing the care

necessary to safeguard the physical safety and welfare of a

minor who is left in that person's care by the parent or

parents or other person responsible for the minor's welfare.

(10) "Minor" means a person under the age of 21 years

subject to this Act.

(11) "Parent" means a father or mother of a child and

includes any adoptive parent. It also includes a person (i)

whose parentage is presumed or has been established under the

law of this or another jurisdiction or (ii) who has registered

with the Putative Father Registry in accordance with Section

12.1 of the Adoption Act and whose paternity has not been ruled

out under the law of this or another jurisdiction. It does not

include a parent whose rights in respect to the minor have been

terminated in any manner provided by law. It does not include a

person who has been or could be determined to be a parent under

the Illinois Parentage Act of 1984 or the Illinois Parentage

Act of 2015, or similar parentage law in any other state, if

that person has been convicted of or pled nolo contendere to a

crime that resulted in the conception of the child under

Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,

12-14.1, subsection (a) or (b) (but not subsection (c)) of

Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or

(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the

Criminal Code of 1961 or the Criminal Code of 2012, or similar

statute in another jurisdiction unless upon motion of any

party, other than the offender, to the juvenile court

proceedings the court finds it is in the child's best interest

to deem the offender a parent for purposes of the juvenile

court proceedings.

(11.1) "Permanency goal" means a goal set by the court as

defined in subdivision (2) of Section 2-28.

(11.2) "Permanency hearing" means a hearing to set the

permanency goal and to review and determine (i) the

appropriateness of the services contained in the plan and

whether those services have been provided, (ii) whether

reasonable efforts have been made by all the parties to the

service plan to achieve the goal, and (iii) whether the plan

and goal have been achieved.

(12) "Petition" means the petition provided for in Section

2-13, 3-15, 4-12 or 5-520, including any supplemental

petitions thereunder in Section 3-15, 4-12 or 5-520.

(12.1) "Physically capable adult relative" means a person

21 years of age or older who does not have a severe physical

disability or medical condition, or is not suffering from

alcoholism or drug addiction, that prevents him or her from

providing the care necessary to safeguard the physical safety

and welfare of a minor who is left in that person's care by the

parent or parents or other person responsible for the minor's

welfare.

(12.2) "Post Permanency Sibling Contact Agreement" has the

meaning ascribed to the term in Section 7.4 of the Children and

Family Services Act.

(12.3) "Residential treatment center" means a licensed

setting that provides 24-hour care to children in a group home

or institution, including a facility licensed as a child care

institution under Section 2.06 of the Child Care Act of 1969, a

licensed group home under Section 2.16 of the Child Care Act of

1969, a secure child care facility as defined in paragraph

(18) of this Section, or any similar facility in another

state. "Residential treatment center" does not include a

relative foster home or a licensed foster family home.

(13) "Residual parental rights and responsibilities" means

those rights and responsibilities remaining with the parent

after the transfer of legal custody or guardianship of the

person, including, but not necessarily limited to, the right

to reasonable visitation (which may be limited by the court in

the best interests of the minor as provided in subsection

(8)(b) of this Section), the right to consent to adoption, the

right to determine the minor's religious affiliation, and the

responsibility for his support.

(14) "Shelter" means the temporary care of a minor in

physically unrestricting facilities pending court disposition

or execution of court order for placement.

(14.05) "Shelter placement" means a temporary or emergency

placement for a minor, including an emergency foster home

placement.

(14.1) "Sibling Contact Support Plan" has the meaning

ascribed to the term in Section 7.4 of the Children and Family

Services Act.

(14.2) "Significant event report" means a written document

describing an occurrence or event beyond the customary

operations, routines, or relationships in the Department of

Children of Family Services, a child care facility, or other

entity that is licensed or regulated by the Department of

Children of Family Services or that provides services for the

Department of Children of Family Services under a grant,

contract, or purchase of service agreement; involving children

or youth, employees, foster parents, or relative caregivers;

allegations of abuse or neglect or any other incident raising

a concern about the well-being of a minor under the

jurisdiction of the court under Article II of the Juvenile

Court Act; incidents involving damage to property, allegations

of criminal activity, misconduct, or other occurrences

affecting the operations of the Department of Children of

Family Services or a child care facility; any incident that

could have media impact; and unusual incidents as defined by

Department of Children and Family Services rule.

(15) "Station adjustment" means the informal handling of

an alleged offender by a juvenile police officer.

(16) "Ward of the court" means a minor who is so adjudged

under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the

requisite jurisdictional facts, and thus is subject to the

dispositional powers of the court under this Act.

(17) "Juvenile police officer" means a sworn police

officer who has completed a Basic Recruit Training Course, has

been assigned to the position of juvenile police officer by

his or her chief law enforcement officer and has completed the

necessary juvenile officers training as prescribed by the

Illinois Law Enforcement Training Standards Board, or in the

case of a State police officer, juvenile officer training

approved by the Director of the Illinois Department of State

Police.

(18) "Secure child care facility" means any child care

facility licensed by the Department of Children and Family

Services to provide secure living arrangements for children

under 18 years of age who are subject to placement in

facilities under the Children and Family Services Act and who

are not subject to placement in facilities for whom standards

are established by the Department of Corrections under Section

3-15-2 of the Unified Code of Corrections. "Secure child care

facility" also means a facility that is designed and operated

to ensure that all entrances and exits from the facility, a

building, or a distinct part of the building are under the

exclusive control of the staff of the facility, whether or not

the child has the freedom of movement within the perimeter of

the facility, building, or distinct part of the building.

(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;

100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff.

8-14-18; 100-1162, eff. 12-20-18.)

(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)

Sec. 1-7. Confidentiality of juvenile law enforcement and

municipal ordinance violation records.

(A) All juvenile law enforcement records which have not

been expunged are confidential and may never be disclosed to

the general public or otherwise made widely available.

Juvenile law enforcement records may be obtained only under

this Section and Section 1-8 and Part 9 of Article V of this

Act, when their use is needed for good cause and with an order

from the juvenile court, as required by those not authorized

to retain them. Inspection, copying, and disclosure of

juvenile law enforcement records maintained by law enforcement

agencies or records of municipal ordinance violations

maintained by any State, local, or municipal agency that

relate to a minor who has been investigated, arrested, or

taken into custody before his or her 18th birthday shall be

restricted to the following:

(0.05) The minor who is the subject of the juvenile

law enforcement record, his or her parents, guardian, and

counsel.

(0.10) Judges of the circuit court and members of the

staff of the court designated by the judge.

(0.15) An administrative adjudication hearing officer

or members of the staff designated to assist in the

administrative adjudication process.

(1) Any local, State, or federal law enforcement

officers or designated law enforcement staff of any

jurisdiction or agency when necessary for the discharge of

their official duties during the investigation or

prosecution of a crime or relating to a minor who has been

adjudicated delinquent and there has been a previous

finding that the act which constitutes the previous

offense was committed in furtherance of criminal

activities by a criminal street gang, or, when necessary

for the discharge of its official duties in connection

with a particular investigation of the conduct of a law

enforcement officer, an independent agency or its staff

created by ordinance and charged by a unit of local

government with the duty of investigating the conduct of

law enforcement officers. For purposes of this Section,

"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(2) Prosecutors, public defenders, probation officers,

social workers, or other individuals assigned by the court

to conduct a pre-adjudication or pre-disposition

investigation, and individuals responsible for supervising

or providing temporary or permanent care and custody for

minors under the order of the juvenile court, when

essential to performing their responsibilities.

(3) Federal, State, or local prosecutors, public

defenders, probation officers, and designated staff:

(a) in the course of a trial when institution of

criminal proceedings has been permitted or required

under Section 5-805;

(b) when institution of criminal proceedings has

been permitted or required under Section 5-805 and the

minor is the subject of a proceeding to determine the

amount of bail;

(c) when criminal proceedings have been permitted

or required under Section 5-805 and the minor is the

subject of a pre-trial investigation, pre-sentence

investigation, fitness hearing, or proceedings on an

application for probation; or

(d) in the course of prosecution or administrative

adjudication of a violation of a traffic, boating, or

fish and game law, or a county or municipal ordinance.

(4) Adult and Juvenile Prisoner Review Board.

(5) Authorized military personnel.

(5.5) Employees of the federal government authorized

by law.

(6) Persons engaged in bona fide research, with the

permission of the Presiding Judge and the chief executive

of the respective law enforcement agency; provided that

publication of such research results in no disclosure of a

minor's identity and protects the confidentiality of the

minor's record.

(7) Department of Children and Family Services child

protection investigators acting in their official

capacity.

(8) The appropriate school official only if the agency

or officer believes that there is an imminent threat of

physical harm to students, school personnel, or others who

are present in the school or on school grounds.

(A) Inspection and copying shall be limited to

juvenile law enforcement records transmitted to the

appropriate school official or officials whom the

school has determined to have a legitimate educational

or safety interest by a local law enforcement agency

under a reciprocal reporting system established and

maintained between the school district and the local

law enforcement agency under Section 10-20.14 of the

School Code concerning a minor enrolled in a school

within the school district who has been arrested or

taken into custody for any of the following offenses:

(i) any violation of Article 24 of the

Criminal Code of 1961 or the Criminal Code of

2012;

(ii) a violation of the Illinois Controlled

Substances Act;

(iii) a violation of the Cannabis Control Act;

(iv) a forcible felony as defined in Section

2-8 of the Criminal Code of 1961 or the Criminal

Code of 2012;

(v) a violation of the Methamphetamine Control

and Community Protection Act;

(vi) a violation of Section 1-2 of the

Harassing and Obscene Communications Act;

(vii) a violation of the Hazing Act; or

(viii) a violation of Section 12-1, 12-2,

12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

Criminal Code of 1961 or the Criminal Code of

2012.

The information derived from the juvenile law

enforcement records shall be kept separate from and

shall not become a part of the official school record

of that child and shall not be a public record. The

information shall be used solely by the appropriate

school official or officials whom the school has

determined to have a legitimate educational or safety

interest to aid in the proper rehabilitation of the

child and to protect the safety of students and

employees in the school. If the designated law

enforcement and school officials deem it to be in the

best interest of the minor, the student may be

referred to in-school or community-based social

services if those services are available.

"Rehabilitation services" may include interventions by

school support personnel, evaluation for eligibility

for special education, referrals to community-based

agencies such as youth services, behavioral healthcare

service providers, drug and alcohol prevention or

treatment programs, and other interventions as deemed

appropriate for the student.

(B) Any information provided to appropriate school

officials whom the school has determined to have a

legitimate educational or safety interest by local law

enforcement officials about a minor who is the subject

of a current police investigation that is directly

related to school safety shall consist of oral

information only, and not written juvenile law

enforcement records, and shall be used solely by the

appropriate school official or officials to protect

the safety of students and employees in the school and

aid in the proper rehabilitation of the child. The

information derived orally from the local law

enforcement officials shall be kept separate from and

shall not become a part of the official school record

of the child and shall not be a public record. This

limitation on the use of information about a minor who

is the subject of a current police investigation shall

in no way limit the use of this information by

prosecutors in pursuing criminal charges arising out

of the information disclosed during a police

investigation of the minor. For purposes of this

paragraph, "investigation" means an official

systematic inquiry by a law enforcement agency into

actual or suspected criminal activity.

(9) Mental health professionals on behalf of the

Department of Corrections or the Department of Human

Services or prosecutors who are evaluating, prosecuting,

or investigating a potential or actual petition brought

under the Sexually Violent Persons Commitment Act relating

to a person who is the subject of juvenile law enforcement

records or the respondent to a petition brought under the

Sexually Violent Persons Commitment Act who is the subject

of the juvenile law enforcement records sought. Any

juvenile law enforcement records and any information

obtained from those juvenile law enforcement records under

this paragraph (9) may be used only in sexually violent

persons commitment proceedings.

(10) The president of a park district. Inspection and

copying shall be limited to juvenile law enforcement

records transmitted to the president of the park district

by the Illinois Department of State Police under Section

8-23 of the Park District Code or Section 16a-5 of the

Chicago Park District Act concerning a person who is

seeking employment with that park district and who has

been adjudicated a juvenile delinquent for any of the

offenses listed in subsection (c) of Section 8-23 of the

Park District Code or subsection (c) of Section 16a-5 of

the Chicago Park District Act.

(11) Persons managing and designated to participate in

a court diversion program as designated in subsection (6)

of Section 5-105.

(12) The Public Access Counselor of the Office of the

Attorney General, when reviewing juvenile law enforcement

records under its powers and duties under the Freedom of

Information Act.

(13) Collection agencies, contracted or otherwise

engaged by a governmental entity, to collect any debts due

and owing to the governmental entity.

(B)(1) Except as provided in paragraph (2), no law

enforcement officer or other person or agency may knowingly

transmit to the Department of Corrections, the Illinois

Department of State Police, or to the Federal Bureau of

Investigation any fingerprint or photograph relating to a

minor who has been arrested or taken into custody before his or

her 18th birthday, unless the court in proceedings under this

Act authorizes the transmission or enters an order under

Section 5-805 permitting or requiring the institution of

criminal proceedings.

(2) Law enforcement officers or other persons or agencies

shall transmit to the Illinois Department of State Police

copies of fingerprints and descriptions of all minors who have

been arrested or taken into custody before their 18th birthday

for the offense of unlawful use of weapons under Article 24 of

the Criminal Code of 1961 or the Criminal Code of 2012, a Class

X or Class 1 felony, a forcible felony as defined in Section

2-8 of the Criminal Code of 1961 or the Criminal Code of 2012,

or a Class 2 or greater felony under the Cannabis Control Act,

the Illinois Controlled Substances Act, the Methamphetamine

Control and Community Protection Act, or Chapter 4 of the

Illinois Vehicle Code, pursuant to Section 5 of the Criminal

Identification Act. Information reported to the Department

pursuant to this Section may be maintained with records that

the Department files pursuant to Section 2.1 of the Criminal

Identification Act. Nothing in this Act prohibits a law

enforcement agency from fingerprinting a minor taken into

custody or arrested before his or her 18th birthday for an

offense other than those listed in this paragraph (2).

(C) The records of law enforcement officers, or of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, concerning all minors under 18

years of age must be maintained separate from the records of

arrests and may not be open to public inspection or their

contents disclosed to the public. For purposes of obtaining

documents under this Section, a civil subpoena is not an order

of the court.

(1) In cases where the law enforcement, or independent

agency, records concern a pending juvenile court case, the

party seeking to inspect the records shall provide actual

notice to the attorney or guardian ad litem of the minor

whose records are sought.

(2) In cases where the records concern a juvenile

court case that is no longer pending, the party seeking to

inspect the records shall provide actual notice to the

minor or the minor's parent or legal guardian, and the

matter shall be referred to the chief judge presiding over

matters pursuant to this Act.

(3) In determining whether the records should be

available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation

over the moving party's interest in obtaining the

information. Any records obtained in violation of this

subsection (C) shall not be admissible in any criminal or

civil proceeding, or operate to disqualify a minor from

subsequently holding public office or securing employment,

or operate as a forfeiture of any public benefit, right,

privilege, or right to receive any license granted by

public authority.

(D) Nothing contained in subsection (C) of this Section

shall prohibit the inspection or disclosure to victims and

witnesses of photographs contained in the records of law

enforcement agencies when the inspection and disclosure is

conducted in the presence of a law enforcement officer for the

purpose of the identification or apprehension of any person

subject to the provisions of this Act or for the investigation

or prosecution of any crime.

(E) Law enforcement officers, and personnel of an

independent agency created by ordinance and charged by a unit

of local government with the duty of investigating the conduct

of law enforcement officers, may not disclose the identity of

any minor in releasing information to the general public as to

the arrest, investigation or disposition of any case involving

a minor.

(F) Nothing contained in this Section shall prohibit law

enforcement agencies from communicating with each other by

letter, memorandum, teletype, or intelligence alert bulletin

or other means the identity or other relevant information

pertaining to a person under 18 years of age if there are

reasonable grounds to believe that the person poses a real and

present danger to the safety of the public or law enforcement

officers. The information provided under this subsection (F)

shall remain confidential and shall not be publicly disclosed,

except as otherwise allowed by law.

(G) Nothing in this Section shall prohibit the right of a

Civil Service Commission or appointing authority of any

federal government, state, county or municipality examining

the character and fitness of an applicant for employment with

a law enforcement agency, correctional institution, or fire

department from obtaining and examining the records of any law

enforcement agency relating to any record of the applicant

having been arrested or taken into custody before the

applicant's 18th birthday.

(G-5) Information identifying victims and alleged victims

of sex offenses shall not be disclosed or open to the public

under any circumstances. Nothing in this Section shall

prohibit the victim or alleged victim of any sex offense from

voluntarily disclosing his or her own identity.

(H) The changes made to this Section by Public Act 98-61

apply to law enforcement records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).

(H-5) Nothing in this Section shall require any court or

adjudicative proceeding for traffic, boating, fish and game

law, or municipal and county ordinance violations to be closed

to the public.

(I) Willful violation of this Section is a Class C

misdemeanor and each violation is subject to a fine of $1,000.

This subsection (I) shall not apply to the person who is the

subject of the record.

(J) A person convicted of violating this Section is liable

for damages in the amount of $1,000 or actual damages,

whichever is greater.

(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;

100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.

12-20-18.)

(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

Sec. 1-8. Confidentiality and accessibility of juvenile

court records.

(A) A juvenile adjudication shall never be considered a

conviction nor shall an adjudicated individual be considered a

criminal. Unless expressly allowed by law, a juvenile

adjudication shall not operate to impose upon the individual

any of the civil disabilities ordinarily imposed by or

resulting from conviction. Unless expressly allowed by law,

adjudications shall not prejudice or disqualify the individual

in any civil service application or appointment, from holding

public office, or from receiving any license granted by public

authority. All juvenile court records which have not been

expunged are sealed and may never be disclosed to the general

public or otherwise made widely available. Sealed juvenile

court records may be obtained only under this Section and

Section 1-7 and Part 9 of Article V of this Act, when their use

is needed for good cause and with an order from the juvenile

court. Inspection and copying of juvenile court records

relating to a minor who is the subject of a proceeding under

this Act shall be restricted to the following:

(1) The minor who is the subject of record, his or her

parents, guardian, and counsel.

(2) Law enforcement officers and law enforcement

agencies when such information is essential to executing

an arrest or search warrant or other compulsory process,

or to conducting an ongoing investigation or relating to a

minor who has been adjudicated delinquent and there has

been a previous finding that the act which constitutes the

previous offense was committed in furtherance of criminal

activities by a criminal street gang.

Before July 1, 1994, for the purposes of this Section,

"criminal street gang" means any ongoing organization,

association, or group of 3 or more persons, whether formal

or informal, having as one of its primary activities the

commission of one or more criminal acts and that has a

common name or common identifying sign, symbol or specific

color apparel displayed, and whose members individually or

collectively engage in or have engaged in a pattern of

criminal activity.

Beginning July 1, 1994, for purposes of this Section,

"criminal street gang" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(3) Judges, hearing officers, prosecutors, public

defenders, probation officers, social workers, or other

individuals assigned by the court to conduct a

pre-adjudication or pre-disposition investigation, and

individuals responsible for supervising or providing

temporary or permanent care and custody for minors under

the order of the juvenile court when essential to

performing their responsibilities.

(4) Judges, federal, State, and local prosecutors,

public defenders, probation officers, and designated

staff:

(a) in the course of a trial when institution of

criminal proceedings has been permitted or required

under Section 5-805;

(b) when criminal proceedings have been permitted

or required under Section 5-805 and a minor is the

subject of a proceeding to determine the amount of

bail;

(c) when criminal proceedings have been permitted

or required under Section 5-805 and a minor is the

subject of a pre-trial investigation, pre-sentence

investigation or fitness hearing, or proceedings on an

application for probation; or

(d) when a minor becomes 18 years of age or older,

and is the subject of criminal proceedings, including

a hearing to determine the amount of bail, a pre-trial

investigation, a pre-sentence investigation, a fitness

hearing, or proceedings on an application for

probation.

(5) Adult and Juvenile Prisoner Review Boards.

(6) Authorized military personnel.

(6.5) Employees of the federal government authorized

by law.

(7) Victims, their subrogees and legal

representatives; however, such persons shall have access

only to the name and address of the minor and information

pertaining to the disposition or alternative adjustment

plan of the juvenile court.

(8) Persons engaged in bona fide research, with the

permission of the presiding judge of the juvenile court

and the chief executive of the agency that prepared the

particular records; provided that publication of such

research results in no disclosure of a minor's identity

and protects the confidentiality of the record.

(9) The Secretary of State to whom the Clerk of the

Court shall report the disposition of all cases, as

required in Section 6-204 of the Illinois Vehicle Code.

However, information reported relative to these offenses

shall be privileged and available only to the Secretary of

State, courts, and police officers.

(10) The administrator of a bonafide substance abuse

student assistance program with the permission of the

presiding judge of the juvenile court.

(11) Mental health professionals on behalf of the

Department of Corrections or the Department of Human

Services or prosecutors who are evaluating, prosecuting,

or investigating a potential or actual petition brought

under the Sexually Violent Persons Commitment Act relating

to a person who is the subject of juvenile court records or

the respondent to a petition brought under the Sexually

Violent Persons Commitment Act, who is the subject of

juvenile court records sought. Any records and any

information obtained from those records under this

paragraph (11) may be used only in sexually violent

persons commitment proceedings.

(12) Collection agencies, contracted or otherwise

engaged by a governmental entity, to collect any debts due

and owing to the governmental entity.

(A-1) Findings and exclusions of paternity entered in

proceedings occurring under Article II of this Act shall be

disclosed, in a manner and form approved by the Presiding

Judge of the Juvenile Court, to the Department of Healthcare

and Family Services when necessary to discharge the duties of

the Department of Healthcare and Family Services under Article

X of the Illinois Public Aid Code.

(B) A minor who is the victim in a juvenile proceeding

shall be provided the same confidentiality regarding

disclosure of identity as the minor who is the subject of

record.

(C)(0.1) In cases where the records concern a pending

juvenile court case, the requesting party seeking to inspect

the juvenile court records shall provide actual notice to the

attorney or guardian ad litem of the minor whose records are

sought.

(0.2) In cases where the juvenile court records concern a

juvenile court case that is no longer pending, the requesting

party seeking to inspect the juvenile court records shall

provide actual notice to the minor or the minor's parent or

legal guardian, and the matter shall be referred to the chief

judge presiding over matters pursuant to this Act.

(0.3) In determining whether juvenile court records should

be made available for inspection and whether inspection should

be limited to certain parts of the file, the court shall

consider the minor's interest in confidentiality and

rehabilitation over the requesting party's interest in

obtaining the information. The State's Attorney, the minor,

and the minor's parents, guardian, and counsel shall at all

times have the right to examine court files and records.

(0.4) Any records obtained in violation of this Section

shall not be admissible in any criminal or civil proceeding,

or operate to disqualify a minor from subsequently holding

public office, or operate as a forfeiture of any public

benefit, right, privilege, or right to receive any license

granted by public authority.

(D) Pending or following any adjudication of delinquency

for any offense defined in Sections 11-1.20 through 11-1.60 or

12-13 through 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the victim of any such offense shall

receive the rights set out in Sections 4 and 6 of the Bill of

Rights for Victims and Witnesses of Violent Crime Act; and the

juvenile who is the subject of the adjudication,

notwithstanding any other provision of this Act, shall be

treated as an adult for the purpose of affording such rights to

the victim.

(E) Nothing in this Section shall affect the right of a

Civil Service Commission or appointing authority of the

federal government, or any state, county, or municipality

examining the character and fitness of an applicant for

employment with a law enforcement agency, correctional

institution, or fire department to ascertain whether that

applicant was ever adjudicated to be a delinquent minor and,

if so, to examine the records of disposition or evidence which

were made in proceedings under this Act.

(F) Following any adjudication of delinquency for a crime

which would be a felony if committed by an adult, or following

any adjudication of delinquency for a violation of Section

24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so,

shall provide a copy of the dispositional order to the

principal or chief administrative officer of the school.

Access to the dispositional order shall be limited to the

principal or chief administrative officer of the school and

any guidance counselor designated by him or her.

(G) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(H) When a court hearing a proceeding under Article II of

this Act becomes aware that an earlier proceeding under

Article II had been heard in a different county, that court

shall request, and the court in which the earlier proceedings

were initiated shall transmit, an authenticated copy of the

juvenile court record, including all documents, petitions, and

orders filed and the minute orders, transcript of proceedings,

and docket entries of the court.

(I) The Clerk of the Circuit Court shall report to the

Illinois Department of State Police, in the form and manner

required by the Illinois Department of State Police, the final

disposition of each minor who has been arrested or taken into

custody before his or her 18th birthday for those offenses

required to be reported under Section 5 of the Criminal

Identification Act. Information reported to the Department

under this Section may be maintained with records that the

Department files under Section 2.1 of the Criminal

Identification Act.

(J) The changes made to this Section by Public Act 98-61

apply to juvenile law enforcement records of a minor who has

been arrested or taken into custody on or after January 1, 2014

(the effective date of Public Act 98-61).

(K) Willful violation of this Section is a Class C

misdemeanor and each violation is subject to a fine of $1,000.

This subsection (K) shall not apply to the person who is the

subject of the record.

(L) A person convicted of violating this Section is liable

for damages in the amount of $1,000 or actual damages,

whichever is greater.

(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;

100-1162, eff. 12-20-18.)

(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)

Sec. 2-21. Findings and adjudication.

(1) The court shall state for the record the manner in

which the parties received service of process and shall note

whether the return or returns of service, postal return

receipt or receipts for notice by certified mail, or

certificate or certificates of publication have been filed in

the court record. The court shall enter any appropriate orders

of default against any parent who has been properly served in

any manner and fails to appear.

No further service of process as defined in Sections 2-15

and 2-16 is required in any subsequent proceeding for a parent

who was properly served in any manner, except as required by

Supreme Court Rule 11.

The caseworker shall testify about the diligent search

conducted for the parent.

After hearing the evidence the court shall determine

whether or not the minor is abused, neglected, or dependent.

If it finds that the minor is not such a person, the court

shall order the petition dismissed and the minor discharged.

The court's determination of whether the minor is abused,

neglected, or dependent shall be stated in writing with the

factual basis supporting that determination.

If the court finds that the minor is abused, neglected, or

dependent, the court shall then determine and put in writing

the factual basis supporting that determination, and specify,

to the extent possible, the acts or omissions or both of each

parent, guardian, or legal custodian that form the basis of

the court's findings. That finding shall appear in the order

of the court.

If the court finds that the child has been abused,

neglected or dependent, the court shall admonish the parents

that they must cooperate with the Department of Children and

Family Services, comply with the terms of the service plan,

and correct the conditions that require the child to be in

care, or risk termination of parental rights.

If the court determines that a person has inflicted

physical or sexual abuse upon a minor, the court shall report

that determination to the Illinois Department of State Police,

which shall include that information in its report to the

President of the school board for a school district that

requests a criminal history records check of that person, or

the regional superintendent of schools who requests a check of

that person, as required under Section 10-21.9 or 34-18.5 of

the School Code.

(2) If, pursuant to subsection (1) of this Section, the

court determines and puts in writing the factual basis

supporting the determination that the minor is either abused

or neglected or dependent, the court shall then set a time not

later than 30 days after the entry of the finding for a

dispositional hearing (unless an earlier date is required

pursuant to Section 2-13.1) to be conducted under Section 2-22

at which hearing the court shall determine whether it is

consistent with the health, safety and best interests of the

minor and the public that he be made a ward of the court. To

assist the court in making this and other determinations at

the dispositional hearing, the court may order that an

investigation be conducted and a dispositional report be

prepared concerning the minor's physical and mental history

and condition, family situation and background, economic

status, education, occupation, history of delinquency or

criminality, personal habits, and any other information that

may be helpful to the court. The dispositional hearing may be

continued once for a period not to exceed 30 days if the court

finds that such continuance is necessary to complete the

dispositional report.

(3) The time limits of this Section may be waived only by

consent of all parties and approval by the court, as

determined to be consistent with the health, safety and best

interests of the minor.

(4) For all cases adjudicated prior to July 1, 1991, for

which no dispositional hearing has been held prior to that

date, a dispositional hearing under Section 2-22 shall be held

within 90 days of July 1, 1991.

(5) The court may terminate the parental rights of a

parent at the initial dispositional hearing if all of the

following conditions are met:

(i) the original or amended petition contains a

request for termination of parental rights and appointment

of a guardian with power to consent to adoption; and

(ii) the court has found by a preponderance of

evidence, introduced or stipulated to at an adjudicatory

hearing, that the child comes under the jurisdiction of

the court as an abused, neglected, or dependent minor

under Section 2-18; and

(iii) the court finds, on the basis of clear and

convincing evidence admitted at the adjudicatory hearing

that the parent is an unfit person under subdivision D of

Section 1 of the Adoption Act; and

(iv) the court determines in accordance with the rules

of evidence for dispositional proceedings, that:

(A) it is in the best interest of the minor and

public that the child be made a ward of the court;

(A-5) reasonable efforts under subsection (l-1) of

Section 5 of the Children and Family Services Act are

inappropriate or such efforts were made and were

unsuccessful; and

(B) termination of parental rights and appointment

of a guardian with power to consent to adoption is in

the best interest of the child pursuant to Section

2-29.

(Source: P.A. 93-909, eff. 8-12-04.)

(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)

Sec. 2-25. Order of protection.

(1) The court may make an order of protection in

assistance of or as a condition of any other order authorized

by this Act. The order of protection shall be based on the

health, safety and best interests of the minor and may set

forth reasonable conditions of behavior to be observed for a

specified period. Such an order may require a person:

(a) to stay away from the home or the minor;

(b) to permit a parent to visit the minor at stated

periods;

(c) to abstain from offensive conduct against the

minor, his parent or any person to whom custody of the

minor is awarded;

(d) to give proper attention to the care of the home;

(e) to cooperate in good faith with an agency to which

custody of a minor is entrusted by the court or with an

agency or association to which the minor is referred by

the court;

(f) to prohibit and prevent any contact whatsoever

with the respondent minor by a specified individual or

individuals who are alleged in either a criminal or

juvenile proceeding to have caused injury to a respondent

minor or a sibling of a respondent minor;

(g) to refrain from acts of commission or omission

that tend to make the home not a proper place for the

minor;

(h) to refrain from contacting the minor and the

foster parents in any manner that is not specified in

writing in the case plan.

(2) The court shall enter an order of protection to

prohibit and prevent any contact between a respondent minor or

a sibling of a respondent minor and any person named in a

petition seeking an order of protection who has been convicted

of heinous battery or aggravated battery under subdivision

(a)(2) of Section 12-3.05, aggravated battery of a child or

aggravated battery under subdivision (b)(1) of Section

12-3.05, criminal sexual assault, aggravated criminal sexual

assault, predatory criminal sexual assault of a child,

criminal sexual abuse, or aggravated criminal sexual abuse as

described in the Criminal Code of 1961 or the Criminal Code of

2012, or has been convicted of an offense that resulted in the

death of a child, or has violated a previous order of

protection under this Section.

(3) When the court issues an order of protection against

any person as provided by this Section, the court shall direct

a copy of such order to the Sheriff of that county. The Sheriff

shall furnish a copy of the order of protection to the Illinois

Department of State Police within 24 hours of receipt, in the

form and manner required by the Department. The Illinois

Department of State Police shall maintain a complete record

and index of such orders of protection and make this data

available to all local law enforcement agencies.

(4) After notice and opportunity for hearing afforded to a

person subject to an order of protection, the order may be

modified or extended for a further specified period or both or

may be terminated if the court finds that the health, safety,

and best interests of the minor and the public will be served

thereby.

(5) An order of protection may be sought at any time during

the course of any proceeding conducted pursuant to this Act if

such an order is consistent with the health, safety, and best

interests of the minor. Any person against whom an order of

protection is sought may retain counsel to represent him at a

hearing, and has rights to be present at the hearing, to be

informed prior to the hearing in writing of the contents of the

petition seeking a protective order and of the date, place and

time of such hearing, and to cross examine witnesses called by

the petitioner and to present witnesses and argument in

opposition to the relief sought in the petition.

(6) Diligent efforts shall be made by the petitioner to

serve any person or persons against whom any order of

protection is sought with written notice of the contents of

the petition seeking a protective order and of the date, place

and time at which the hearing on the petition is to be held.

When a protective order is being sought in conjunction with a

temporary custody hearing, if the court finds that the person

against whom the protective order is being sought has been

notified of the hearing or that diligent efforts have been

made to notify such person, the court may conduct a hearing. If

a protective order is sought at any time other than in

conjunction with a temporary custody hearing, the court may

not conduct a hearing on the petition in the absence of the

person against whom the order is sought unless the petitioner

has notified such person by personal service at least 3 days

before the hearing or has sent written notice by first class

mail to such person's last known address at least 5 days before

the hearing.

(7) A person against whom an order of protection is being

sought who is neither a parent, guardian, legal custodian or

responsible relative as described in Section 1-5 is not a

party or respondent as defined in that Section and shall not be

entitled to the rights provided therein. Such person does not

have a right to appointed counsel or to be present at any

hearing other than the hearing in which the order of

protection is being sought or a hearing directly pertaining to

that order. Unless the court orders otherwise, such person

does not have a right to inspect the court file.

(8) All protective orders entered under this Section shall

be in writing. Unless the person against whom the order was

obtained was present in court when the order was issued, the

sheriff, other law enforcement official or special process

server shall promptly serve that order upon that person and

file proof of such service, in the manner provided for service

of process in civil proceedings. The person against whom the

protective order was obtained may seek a modification of the

order by filing a written motion to modify the order within 7

days after actual receipt by the person of a copy of the order.

Any modification of the order granted by the court must be

determined to be consistent with the best interests of the

minor.

(9) If a petition is filed charging a violation of a

condition contained in the protective order and if the court

determines that this violation is of a critical service

necessary to the safety and welfare of the minor, the court may

proceed to findings and an order for temporary custody.

(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;

96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13.)

(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)

Sec. 3-26. Order of protection.

(1) The court may make an order of protection in

assistance of or as a condition of any other order authorized

by this Act. The order of protection may set forth reasonable

conditions of behavior to be observed for a specified period.

Such an order may require a person:

(a) To stay away from the home or the minor;

(b) To permit a parent to visit the minor at stated

periods;

(c) To abstain from offensive conduct against the

minor, his parent or any person to whom custody of the

minor is awarded;

(d) To give proper attention to the care of the home;

(e) To cooperate in good faith with an agency to which

custody of a minor is entrusted by the court or with an

agency or association to which the minor is referred by

the court;

(f) To prohibit and prevent any contact whatsoever

with the respondent minor by a specified individual or

individuals who are alleged in either a criminal or

juvenile proceeding to have caused injury to a respondent

minor or a sibling of a respondent minor;

(g) To refrain from acts of commission or omission

that tend to make the home not a proper place for the

minor.

(2) The court shall enter an order of protection to

prohibit and prevent any contact between a respondent minor or

a sibling of a respondent minor and any person named in a

petition seeking an order of protection who has been convicted

of heinous battery or aggravated battery under subdivision

(a)(2) of Section 12-3.05, aggravated battery of a child or

aggravated battery under subdivision (b)(1) of Section

12-3.05, criminal sexual assault, aggravated criminal sexual

assault, predatory criminal sexual assault of a child,

criminal sexual abuse, or aggravated criminal sexual abuse as

described in the Criminal Code of 1961 or the Criminal Code of

2012, or has been convicted of an offense that resulted in the

death of a child, or has violated a previous order of

protection under this Section.

(3) When the court issues an order of protection against

any person as provided by this Section, the court shall direct

a copy of such order to the Sheriff of that county. The Sheriff

shall furnish a copy of the order of protection to the Illinois

Department of State Police within 24 hours of receipt, in the

form and manner required by the Department. The Illinois

Department of State Police shall maintain a complete record

and index of such orders of protection and make this data

available to all local law enforcement agencies.

(4) After notice and opportunity for hearing afforded to a

person subject to an order of protection, the order may be

modified or extended for a further specified period or both or

may be terminated if the court finds that the best interests of

the minor and the public will be served thereby.

(5) An order of protection may be sought at any time during

the course of any proceeding conducted pursuant to this Act.

Any person against whom an order of protection is sought may

retain counsel to represent him at a hearing, and has rights to

be present at the hearing, to be informed prior to the hearing

in writing of the contents of the petition seeking a

protective order and of the date, place and time of such

hearing, and to cross examine witnesses called by the

petitioner and to present witnesses and argument in opposition

to the relief sought in the petition.

(6) Diligent efforts shall be made by the petitioner to

serve any person or persons against whom any order of

protection is sought with written notice of the contents of

the petition seeking a protective order and of the date, place

and time at which the hearing on the petition is to be held.

When a protective order is being sought in conjunction with a

shelter care hearing, if the court finds that the person

against whom the protective order is being sought has been

notified of the hearing or that diligent efforts have been

made to notify such person, the court may conduct a hearing. If

a protective order is sought at any time other than in

conjunction with a shelter care hearing, the court may not

conduct a hearing on the petition in the absence of the person

against whom the order is sought unless the petitioner has

notified such person by personal service at least 3 days

before the hearing or has sent written notice by first class

mail to such person's last known address at least 5 days before

the hearing.

(7) A person against whom an order of protection is being

sought who is neither a parent, guardian, legal custodian or

responsible relative as described in Section 1-5 is not a

party or respondent as defined in that Section and shall not be

entitled to the rights provided therein. Such person does not

have a right to appointed counsel or to be present at any

hearing other than the hearing in which the order of

protection is being sought or a hearing directly pertaining to

that order. Unless the court orders otherwise, such person

does not have a right to inspect the court file.

(8) All protective orders entered under this Section shall

be in writing. Unless the person against whom the order was

obtained was present in court when the order was issued, the

sheriff, other law enforcement official or special process

server shall promptly serve that order upon that person and

file proof of such service, in the manner provided for service

of process in civil proceedings. The person against whom the

protective order was obtained may seek a modification of the

order by filing a written motion to modify the order within 7

days after actual receipt by the person of a copy of the order.

(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;

96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13.)

(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)

Sec. 4-23. Order of protection.

(1) The court may make an order of protection in

assistance of or as a condition of any other order authorized

by this Act. The order of protection may set forth reasonable

conditions of behavior to be observed for a specified period.

Such an order may require a person:

(a) To stay away from the home or the minor;

(b) To permit a parent to visit the minor at stated

periods;

(c) To abstain from offensive conduct against the

minor, his parent or any person to whom custody of the

minor is awarded;

(d) To give proper attention to the care of the home;

(e) To cooperate in good faith with an agency to which

custody of a minor is entrusted by the court or with an

agency or association to which the minor is referred by

the court;

(f) To prohibit and prevent any contact whatsoever

with the respondent minor by a specified individual or

individuals who are alleged in either a criminal or

juvenile proceeding to have caused injury to a respondent

minor or a sibling of a respondent minor;

(g) To refrain from acts of commission or omission

that tend to make the home not a proper place for the

minor.

(2) The court shall enter an order of protection to

prohibit and prevent any contact between a respondent minor or

a sibling of a respondent minor and any person named in a

petition seeking an order of protection who has been convicted

of heinous battery or aggravated battery under subdivision

(a)(2) of Section 12-3.05, aggravated battery of a child or

aggravated battery under subdivision (b)(1) of Section

12-3.05, criminal sexual assault, aggravated criminal sexual

assault, predatory criminal sexual assault of a child,

criminal sexual abuse, or aggravated criminal sexual abuse as

described in the Criminal Code of 1961 or the Criminal Code of

2012, or has been convicted of an offense that resulted in the

death of a child, or has violated a previous order of

protection under this Section.

(3) When the court issues an order of protection against

any person as provided by this Section, the court shall direct

a copy of such order to the Sheriff of that county. The Sheriff

shall furnish a copy of the order of protection to the Illinois

Department of State Police within 24 hours of receipt, in the

form and manner required by the Department. The Illinois

Department of State Police shall maintain a complete record

and index of such orders of protection and make this data

available to all local law enforcement agencies.

(4) After notice and opportunity for hearing afforded to a

person subject to an order of protection, the order may be

modified or extended for a further specified period or both or

may be terminated if the court finds that the best interests of

the minor and the public will be served thereby.

(5) An order of protection may be sought at any time during

the course of any proceeding conducted pursuant to this Act.

Any person against whom an order of protection is sought may

retain counsel to represent him at a hearing, and has rights to

be present at the hearing, to be informed prior to the hearing

in writing of the contents of the petition seeking a

protective order and of the date, place and time of such

hearing, and to cross examine witnesses called by the

petitioner and to present witnesses and argument in opposition

to the relief sought in the petition.

(6) Diligent efforts shall be made by the petitioner to

serve any person or persons against whom any order of

protection is sought with written notice of the contents of

the petition seeking a protective order and of the date, place

and time at which the hearing on the petition is to be held.

When a protective order is being sought in conjunction with a

shelter care hearing, if the court finds that the person

against whom the protective order is being sought has been

notified of the hearing or that diligent efforts have been

made to notify such person, the court may conduct a hearing. If

a protective order is sought at any time other than in

conjunction with a shelter care hearing, the court may not

conduct a hearing on the petition in the absence of the person

against whom the order is sought unless the petitioner has

notified such person by personal service at least 3 days

before the hearing or has sent written notice by first class

mail to such person's last known address at least 5 days before

the hearing.

(7) A person against whom an order of protection is being

sought who is neither a parent, guardian, legal custodian or

responsible relative as described in Section 1-5 is not a

party or respondent as defined in that Section and shall not be

entitled to the rights provided therein. Such person does not

have a right to appointed counsel or to be present at any

hearing other than the hearing in which the order of

protection is being sought or a hearing directly pertaining to

that order. Unless the court orders otherwise, such person

does not have a right to inspect the court file.

(8) All protective orders entered under this Section shall

be in writing. Unless the person against whom the order was

obtained was present in court when the order was issued, the

sheriff, other law enforcement official or special process

server shall promptly serve that order upon that person and

file proof of such service, in the manner provided for service

of process in civil proceedings. The person against whom the

protective order was obtained may seek a modification of the

order by filing a written motion to modify the order within 7

days after actual receipt by the person of a copy of the order.

(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;

96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13.)

(705 ILCS 405/5-105)

Sec. 5-105. Definitions. As used in this Article:

(1) "Aftercare release" means the conditional and

revocable release of an adjudicated delinquent juvenile

committed to the Department of Juvenile Justice under the

supervision of the Department of Juvenile Justice.

(1.5) "Court" means the circuit court in a session or

division assigned to hear proceedings under this Act, and

includes the term Juvenile Court.

(2) "Community service" means uncompensated labor for

a community service agency as hereinafter defined.

(2.5) "Community service agency" means a

not-for-profit organization, community organization,

church, charitable organization, individual, public

office, or other public body whose purpose is to enhance

the physical or mental health of a delinquent minor or to

rehabilitate the minor, or to improve the environmental

quality or social welfare of the community which agrees to

accept community service from juvenile delinquents and to

report on the progress of the community service to the

State's Attorney pursuant to an agreement or to the court

or to any agency designated by the court or to the

authorized diversion program that has referred the

delinquent minor for community service.

(3) "Delinquent minor" means any minor who prior to

his or her 18th birthday has violated or attempted to

violate, regardless of where the act occurred, any

federal, State, county or municipal law or ordinance.

(4) "Department" means the Department of Human

Services unless specifically referenced as another

department.

(5) "Detention" means the temporary care of a minor

who is alleged to be or has been adjudicated delinquent

and who requires secure custody for the minor's own

protection or the community's protection in a facility

designed to physically restrict the minor's movements,

pending disposition by the court or execution of an order

of the court for placement or commitment. Design features

that physically restrict movement include, but are not

limited to, locked rooms and the secure handcuffing of a

minor to a rail or other stationary object. In addition,

"detention" includes the court ordered care of an alleged

or adjudicated delinquent minor who requires secure

custody pursuant to Section 5-125 of this Act.

(6) "Diversion" means the referral of a juvenile,

without court intervention, into a program that provides

services designed to educate the juvenile and develop a

productive and responsible approach to living in the

community.

(7) "Juvenile detention home" means a public facility

with specially trained staff that conforms to the county

juvenile detention standards adopted by the Department of

Juvenile Justice.

(8) "Juvenile justice continuum" means a set of

delinquency prevention programs and services designed for

the purpose of preventing or reducing delinquent acts,

including criminal activity by youth gangs, as well as

intervention, rehabilitation, and prevention services

targeted at minors who have committed delinquent acts, and

minors who have previously been committed to residential

treatment programs for delinquents. The term includes

children-in-need-of-services and

families-in-need-of-services programs; aftercare and

reentry services; substance abuse and mental health

programs; community service programs; community service

work programs; and alternative-dispute resolution programs

serving youth-at-risk of delinquency and their families,

whether offered or delivered by State or local

governmental entities, public or private for-profit or

not-for-profit organizations, or religious or charitable

organizations. This term would also encompass any program

or service consistent with the purpose of those programs

and services enumerated in this subsection.

(9) "Juvenile police officer" means a sworn police

officer who has completed a Basic Recruit Training Course,

has been assigned to the position of juvenile police

officer by his or her chief law enforcement officer and

has completed the necessary juvenile officers training as

prescribed by the Illinois Law Enforcement Training

Standards Board, or in the case of a State police officer,

juvenile officer training approved by the Director of the

Illinois State Police.

(10) "Minor" means a person under the age of 21 years

subject to this Act.

(11) "Non-secure custody" means confinement where the

minor is not physically restricted by being placed in a

locked cell or room, by being handcuffed to a rail or other

stationary object, or by other means. Non-secure custody

may include, but is not limited to, electronic monitoring,

foster home placement, home confinement, group home

placement, or physical restriction of movement or activity

solely through facility staff.

(12) "Public or community service" means uncompensated

labor for a not-for-profit organization or public body

whose purpose is to enhance physical or mental stability

of the offender, environmental quality or the social

welfare and which agrees to accept public or community

service from offenders and to report on the progress of

the offender and the public or community service to the

court or to the authorized diversion program that has

referred the offender for public or community service.

"Public or community service" does not include blood

donation or assignment to labor at a blood bank. For the

purposes of this Act, "blood bank" has the meaning

ascribed to the term in Section 2-124 of the Illinois

Clinical Laboratory and Blood Bank Act.

(13) "Sentencing hearing" means a hearing to determine

whether a minor should be adjudged a ward of the court, and

to determine what sentence should be imposed on the minor.

It is the intent of the General Assembly that the term

"sentencing hearing" replace the term "dispositional

hearing" and be synonymous with that definition as it was

used in the Juvenile Court Act of 1987.

(14) "Shelter" means the temporary care of a minor in

physically unrestricting facilities pending court

disposition or execution of court order for placement.

(15) "Site" means a not-for-profit organization,

public body, church, charitable organization, or

individual agreeing to accept community service from

offenders and to report on the progress of ordered or

required public or community service to the court or to

the authorized diversion program that has referred the

offender for public or community service.

(16) "Station adjustment" means the informal or formal

handling of an alleged offender by a juvenile police

officer.

(17) "Trial" means a hearing to determine whether the

allegations of a petition under Section 5-520 that a minor

is delinquent are proved beyond a reasonable doubt. It is

the intent of the General Assembly that the term "trial"

replace the term "adjudicatory hearing" and be synonymous

with that definition as it was used in the Juvenile Court

Act of 1987.

The changes made to this Section by Public Act 98-61 apply

to violations or attempted violations committed on or after

January 1, 2014 (the effective date of Public Act 98-61).

(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,

eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,

eff. 7-20-15.)

(705 ILCS 405/5-301)

Sec. 5-301. Station adjustments. A minor arrested for any

offense or a violation of a condition of previous station

adjustment may receive a station adjustment for that arrest as

provided herein. In deciding whether to impose a station

adjustment, either informal or formal, a juvenile police

officer shall consider the following factors:

(A) The seriousness of the alleged offense.

(B) The prior history of delinquency of the minor.

(C) The age of the minor.

(D) The culpability of the minor in committing the

alleged offense.

(E) Whether the offense was committed in an aggressive

or premeditated manner.

(F) Whether the minor used or possessed a deadly

weapon when committing the alleged offenses.

(1) Informal station adjustment.

(a) An informal station adjustment is defined as a

procedure when a juvenile police officer determines that

there is probable cause to believe that the minor has

committed an offense.

(b) A minor shall receive no more than 3 informal

station adjustments statewide for a misdemeanor offense

within 3 years without prior approval from the State's

Attorney's Office.

(c) A minor shall receive no more than 3 informal

station adjustments statewide for a felony offense within

3 years without prior approval from the State's Attorney's

Office.

(d) A minor shall receive a combined total of no more

than 5 informal station adjustments statewide during his

or her minority.

(e) The juvenile police officer may make reasonable

conditions of an informal station adjustment which may

include but are not limited to:

(i) Curfew.

(ii) Conditions restricting entry into designated

geographical areas.

(iii) No contact with specified persons.

(iv) School attendance.

(v) Performing up to 25 hours of community service

work.

(vi) Community mediation.

(vii) Teen court or a peer court.

(viii) Restitution limited to 90 days.

(f) If the minor refuses or fails to abide by the

conditions of an informal station adjustment, the juvenile

police officer may impose a formal station adjustment or

refer the matter to the State's Attorney's Office.

(g) An informal station adjustment does not constitute

an adjudication of delinquency or a criminal conviction.

Beginning January 1, 2000, a record shall be maintained

with the Illinois Department of State Police for informal

station adjustments for offenses that would be a felony if

committed by an adult, and may be maintained if the

offense would be a misdemeanor.

(2) Formal station adjustment.

(a) A formal station adjustment is defined as a

procedure when a juvenile police officer determines that

there is probable cause to believe the minor has committed

an offense and an admission by the minor of involvement in

the offense.

(b) The minor and parent, guardian, or legal custodian

must agree in writing to the formal station adjustment and

must be advised of the consequences of violation of any

term of the agreement.

(c) The minor and parent, guardian or legal custodian

shall be provided a copy of the signed agreement of the

formal station adjustment. The agreement shall include:

(i) The offense which formed the basis of the

formal station adjustment.

(ii) An acknowledgment that the terms of the

formal station adjustment and the consequences for

violation have been explained.

(iii) An acknowledgment that the formal station

adjustments record may be expunged under Section 5-915

of this Act.

(iv) An acknowledgment acknowledgement that the

minor understands that his or her admission of

involvement in the offense may be admitted into

evidence in future court hearings.

(v) A statement that all parties understand the

terms and conditions of formal station adjustment and

agree to the formal station adjustment process.

(d) Conditions of the formal station adjustment may

include, but are not limited to:

(i) The time shall not exceed 120 days.

(ii) The minor shall not violate any laws.

(iii) The juvenile police officer may require the

minor to comply with additional conditions for the

formal station adjustment which may include but are

not limited to:

(a) Attending school.

(b) Abiding by a set curfew.

(c) Payment of restitution.

(d) Refraining from possessing a firearm or

other weapon.

(e) Reporting to a police officer at

designated times and places, including reporting

and verification that the minor is at home at

designated hours.

(f) Performing up to 25 hours of community

service work.

(g) Refraining from entering designated

geographical areas.

(h) Participating in community mediation.

(i) Participating in teen court or peer court.

(j) Refraining from contact with specified

persons.

(e) A formal station adjustment does not constitute an

adjudication of delinquency or a criminal conviction.

Beginning January 1, 2000, a record shall be maintained

with the Illinois Department of State Police for formal

station adjustments.

(f) A minor or the minor's parent, guardian, or legal

custodian, or both the minor and the minor's parent,

guardian, or legal custodian, may refuse a formal station

adjustment and have the matter referred for court action

or other appropriate action.

(g) A minor or the minor's parent, guardian, or legal

custodian, or both the minor and the minor's parent,

guardian, or legal custodian, may within 30 days of the

commencement of the formal station adjustment revoke their

consent and have the matter referred for court action or

other appropriate action. This revocation must be in

writing and personally served upon the police officer or

his or her supervisor.

(h) The admission of the minor as to involvement in

the offense shall be admissible at further court hearings

as long as the statement would be admissible under the

rules of evidence.

(i) If the minor violates any term or condition of the

formal station adjustment the juvenile police officer

shall provide written notice of violation to the minor and

the minor's parent, guardian, or legal custodian. After

consultation with the minor and the minor's parent,

guardian, or legal custodian, the juvenile police officer

may take any of the following steps upon violation:

(i) Warn the minor of consequences of continued

violations and continue the formal station adjustment.

(ii) Extend the period of the formal station

adjustment up to a total of 180 days.

(iii) Extend the hours of community service work

up to a total of 40 hours.

(iv) Terminate the formal station adjustment

unsatisfactorily and take no other action.

(v) Terminate the formal station adjustment

unsatisfactorily and refer the matter to the juvenile

court.

(j) A minor shall receive no more than 2 formal

station adjustments statewide for a felony offense without

the State's Attorney's approval within a 3 year period.

(k) A minor shall receive no more than 3 formal

station adjustments statewide for a misdemeanor offense

without the State's Attorney's approval within a 3 year

period.

(l) The total for formal station adjustments statewide

within the period of minority may not exceed 4 without the

State's Attorney's approval.

(m) If the minor is arrested in a jurisdiction where

the minor does not reside, the formal station adjustment

may be transferred to the jurisdiction where the minor

does reside upon written agreement of that jurisdiction to

monitor the formal station adjustment.

(3) Beginning January 1, 2000, the juvenile police officer

making a station adjustment shall assure that information

about any offense which would constitute a felony if committed

by an adult and may assure that information about a

misdemeanor is transmitted to the Illinois Department of State

Police.

(4) The total number of station adjustments, both formal

and informal, shall not exceed 9 without the State's

Attorney's approval for any minor arrested anywhere in the

State.

(Source: P.A. 99-78, eff. 7-20-15.)

(705 ILCS 405/5-305)

Sec. 5-305. Probation adjustment.

(1) The court may authorize the probation officer to

confer in a preliminary conference with a minor who is alleged

to have committed an offense, his or her parent, guardian or

legal custodian, the victim, the juvenile police officer, the

State's Attorney, and other interested persons concerning the

advisability of filing a petition under Section 5-520, with a

view to adjusting suitable cases without the filing of a

petition as provided for in this Article, the probation

officer should schedule a conference promptly except when the

State's Attorney insists on court action or when the minor has

indicated that he or she will demand a judicial hearing and

will not comply with a probation adjustment.

(1-b) In any case of a minor who is in custody, the holding

of a probation adjustment conference does not operate to

prolong temporary custody beyond the period permitted by

Section 5-415.

(2) This Section does not authorize any probation officer

to compel any person to appear at any conference, produce any

papers, or visit any place.

(3) No statement made during a preliminary conference in

regard to the offense that is the subject of the conference may

be admitted into evidence at an adjudicatory hearing or at any

proceeding against the minor under the criminal laws of this

State prior to his or her conviction under those laws.

(4) When a probation adjustment is appropriate, the

probation officer shall promptly formulate a written,

non-judicial adjustment plan following the initial conference.

(5) Non-judicial probation adjustment plans include but

are not limited to the following:

(a) up to 6 months informal supervision within the

family;

(b) up to 12 months informal supervision with a

probation officer involved which may include any

conditions of probation provided in Section 5-715;

(c) up to 6 months informal supervision with release

to a person other than a parent;

(d) referral to special educational, counseling, or

other rehabilitative social or educational programs;

(e) referral to residential treatment programs;

(f) participation in a public or community service

program or activity; and

(g) any other appropriate action with the consent of

the minor and a parent.

(6) The factors to be considered by the probation officer

in formulating a non-judicial probation adjustment plan shall

be the same as those limited in subsection (4) of Section

5-405.

(7) Beginning January 1, 2000, the probation officer who

imposes a probation adjustment plan shall assure that

information about an offense which would constitute a felony

if committed by an adult, and may assure that information

about a misdemeanor offense, is transmitted to the Illinois

Department of State Police.

(8) If the minor fails to comply with any term or condition

of the non-judicial probation adjustment, the matter shall be

referred to the State's Attorney for determination of whether

a petition under this Article shall be filed.

(Source: P.A. 98-892, eff. 1-1-15.)

(705 ILCS 405/5-730)

Sec. 5-730. Order of protection.

(1) The court may make an order of protection in

assistance of or as a condition of any other order authorized

by this Act. The order of protection may set forth reasonable

conditions of behavior to be observed for a specified period.

The order may require a person:

(a) to stay away from the home or the minor;

(b) to permit a parent to visit the minor at stated

periods;

(c) to abstain from offensive conduct against the

minor, his or her parent or any person to whom custody of

the minor is awarded;

(d) to give proper attention to the care of the home;

(e) to cooperate in good faith with an agency to which

custody of a minor is entrusted by the court or with an

agency or association to which the minor is referred by

the court;

(f) to prohibit and prevent any contact whatsoever

with the respondent minor by a specified individual or

individuals who are alleged in either a criminal or

juvenile proceeding to have caused injury to a respondent

minor or a sibling of a respondent minor;

(g) to refrain from acts of commission or omission

that tend to make the home not a proper place for the

minor.

(2) The court shall enter an order of protection to

prohibit and prevent any contact between a respondent minor or

a sibling of a respondent minor and any person named in a

petition seeking an order of protection who has been convicted

of heinous battery or aggravated battery under subdivision

(a)(2) of Section 12-3.05, aggravated battery of a child or

aggravated battery under subdivision (b)(1) of Section

12-3.05, criminal sexual assault, aggravated criminal sexual

assault, predatory criminal sexual assault of a child,

criminal sexual abuse, or aggravated criminal sexual abuse as

described in the Criminal Code of 1961 or the Criminal Code of

2012, or has been convicted of an offense that resulted in the

death of a child, or has violated a previous order of

protection under this Section.

(3) When the court issues an order of protection against

any person as provided by this Section, the court shall direct

a copy of such order to the sheriff of that county. The sheriff

shall furnish a copy of the order of protection to the Illinois

Department of State Police within 24 hours of receipt, in the

form and manner required by the Department. The Illinois

Department of State Police shall maintain a complete record

and index of the orders of protection and make this data

available to all local law enforcement agencies.

(4) After notice and opportunity for hearing afforded to a

person subject to an order of protection, the order may be

modified or extended for a further specified period or both or

may be terminated if the court finds that the best interests of

the minor and the public will be served by the modification,

extension, or termination.

(5) An order of protection may be sought at any time during

the course of any proceeding conducted under this Act. Any

person against whom an order of protection is sought may

retain counsel to represent him or her at a hearing, and has

rights to be present at the hearing, to be informed prior to

the hearing in writing of the contents of the petition seeking

a protective order and of the date, place, and time of the

hearing, and to cross-examine witnesses called by the

petitioner and to present witnesses and argument in opposition

to the relief sought in the petition.

(6) Diligent efforts shall be made by the petitioner to

serve any person or persons against whom any order of

protection is sought with written notice of the contents of

the petition seeking a protective order and of the date, place

and time at which the hearing on the petition is to be held.

When a protective order is being sought in conjunction with a

shelter care or detention hearing, if the court finds that the

person against whom the protective order is being sought has

been notified of the hearing or that diligent efforts have

been made to notify the person, the court may conduct a

hearing. If a protective order is sought at any time other than

in conjunction with a shelter care or detention hearing, the

court may not conduct a hearing on the petition in the absence

of the person against whom the order is sought unless the

petitioner has notified the person by personal service at

least 3 days before the hearing or has sent written notice by

first class mail to the person's last known address at least 5

days before the hearing.

(7) A person against whom an order of protection is being

sought who is neither a parent, guardian, or legal custodian

or responsible relative as described in Section 1-5 of this

Act or is not a party or respondent as defined in that Section

shall not be entitled to the rights provided in that Section.

The person does not have a right to appointed counsel or to be

present at any hearing other than the hearing in which the

order of protection is being sought or a hearing directly

pertaining to that order. Unless the court orders otherwise,

the person does not have a right to inspect the court file.

(8) All protective orders entered under this Section shall

be in writing. Unless the person against whom the order was

obtained was present in court when the order was issued, the

sheriff, other law enforcement official, or special process

server shall promptly serve that order upon that person and

file proof of that service, in the manner provided for service

of process in civil proceedings. The person against whom the

protective order was obtained may seek a modification of the

order by filing a written motion to modify the order within 7

days after actual receipt by the person of a copy of the order.

(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;

96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13.)

(705 ILCS 405/5-901)

Sec. 5-901. Court file.

(1) The Court file with respect to proceedings under this

Article shall consist of the petitions, pleadings, victim

impact statements, process, service of process, orders, writs

and docket entries reflecting hearings held and judgments and

decrees entered by the court. The court file shall be kept

separate from other records of the court.

(a) The file, including information identifying the

victim or alleged victim of any sex offense, shall be

disclosed only to the following parties when necessary for

discharge of their official duties:

(i) A judge of the circuit court and members of the

staff of the court designated by the judge;

(ii) Parties to the proceedings and their

attorneys;

(iii) Victims and their attorneys, except in cases

of multiple victims of sex offenses in which case the

information identifying the nonrequesting victims

shall be redacted;

(iv) Probation officers, law enforcement officers

or prosecutors or their staff;

(v) Adult and juvenile Prisoner Review Boards.

(b) The Court file redacted to remove any information

identifying the victim or alleged victim of any sex

offense shall be disclosed only to the following parties

when necessary for discharge of their official duties:

(i) Authorized military personnel;

(ii) Persons engaged in bona fide research, with

the permission of the judge of the juvenile court and

the chief executive of the agency that prepared the

particular recording: provided that publication of

such research results in no disclosure of a minor's

identity and protects the confidentiality of the

record;

(iii) The Secretary of State to whom the Clerk of

the Court shall report the disposition of all cases,

as required in Section 6-204 or Section 6-205.1 of the

Illinois Vehicle Code. However, information reported

relative to these offenses shall be privileged and

available only to the Secretary of State, courts, and

police officers;

(iv) The administrator of a bonafide substance

abuse student assistance program with the permission

of the presiding judge of the juvenile court;

(v) Any individual, or any public or private

agency or institution, having custody of the juvenile

under court order or providing educational, medical or

mental health services to the juvenile or a

court-approved advocate for the juvenile or any

placement provider or potential placement provider as

determined by the court.

(3) A minor who is the victim or alleged victim in a

juvenile proceeding shall be provided the same confidentiality

regarding disclosure of identity as the minor who is the

subject of record. Information identifying victims and alleged

victims of sex offenses, shall not be disclosed or open to

public inspection under any circumstances. Nothing in this

Section shall prohibit the victim or alleged victim of any sex

offense from voluntarily disclosing his or her identity.

(4) Relevant information, reports and records shall be

made available to the Department of Juvenile Justice when a

juvenile offender has been placed in the custody of the

Department of Juvenile Justice.

(5) Except as otherwise provided in this subsection (5),

juvenile court records shall not be made available to the

general public but may be inspected by representatives of

agencies, associations and news media or other properly

interested persons by general or special order of the court.

The State's Attorney, the minor, his or her parents, guardian

and counsel shall at all times have the right to examine court

files and records.

(a) The court shall allow the general public to have

access to the name, address, and offense of a minor who is

adjudicated a delinquent minor under this Act under either

of the following circumstances:

(i) The adjudication of delinquency was based upon

the minor's commission of first degree murder, attempt

to commit first degree murder, aggravated criminal

sexual assault, or criminal sexual assault; or

(ii) The court has made a finding that the minor

was at least 13 years of age at the time the act was

committed and the adjudication of delinquency was

based upon the minor's commission of: (A) an act in

furtherance of the commission of a felony as a member

of or on behalf of a criminal street gang, (B) an act

involving the use of a firearm in the commission of a

felony, (C) an act that would be a Class X felony

offense under or the minor's second or subsequent

Class 2 or greater felony offense under the Cannabis

Control Act if committed by an adult, (D) an act that

would be a second or subsequent offense under Section

402 of the Illinois Controlled Substances Act if

committed by an adult, (E) an act that would be an

offense under Section 401 of the Illinois Controlled

Substances Act if committed by an adult, or (F) an act

that would be an offense under the Methamphetamine

Control and Community Protection Act if committed by

an adult.

(b) The court shall allow the general public to have

access to the name, address, and offense of a minor who is

at least 13 years of age at the time the offense is

committed and who is convicted, in criminal proceedings

permitted or required under Section 5-805, under either of

the following circumstances:

(i) The minor has been convicted of first degree

murder, attempt to commit first degree murder,

aggravated criminal sexual assault, or criminal sexual

assault,

(ii) The court has made a finding that the minor

was at least 13 years of age at the time the offense

was committed and the conviction was based upon the

minor's commission of: (A) an offense in furtherance

of the commission of a felony as a member of or on

behalf of a criminal street gang, (B) an offense

involving the use of a firearm in the commission of a

felony, (C) a Class X felony offense under the

Cannabis Control Act or a second or subsequent Class 2

or greater felony offense under the Cannabis Control

Act, (D) a second or subsequent offense under Section

402 of the Illinois Controlled Substances Act, (E) an

offense under Section 401 of the Illinois Controlled

Substances Act, or (F) an offense under the

Methamphetamine Control and Community Protection Act.

(6) Nothing in this Section shall be construed to limit

the use of an a adjudication of delinquency as evidence in any

juvenile or criminal proceeding, where it would otherwise be

admissible under the rules of evidence, including but not

limited to, use as impeachment evidence against any witness,

including the minor if he or she testifies.

(7) Nothing in this Section shall affect the right of a

Civil Service Commission or appointing authority examining the

character and fitness of an applicant for a position as a law

enforcement officer to ascertain whether that applicant was

ever adjudicated to be a delinquent minor and, if so, to

examine the records or evidence which were made in proceedings

under this Act.

(8) Following any adjudication of delinquency for a crime

which would be a felony if committed by an adult, or following

any adjudication of delinquency for a violation of Section

24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

Criminal Code of 2012, the State's Attorney shall ascertain

whether the minor respondent is enrolled in school and, if so,

shall provide a copy of the sentencing order to the principal

or chief administrative officer of the school. Access to such

juvenile records shall be limited to the principal or chief

administrative officer of the school and any guidance

counselor designated by him or her.

(9) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(11) The Clerk of the Circuit Court shall report to the

Illinois Department of State Police, in the form and manner

required by the Illinois Department of State Police, the final

disposition of each minor who has been arrested or taken into

custody before his or her 18th birthday for those offenses

required to be reported under Section 5 of the Criminal

Identification Act. Information reported to the Department

under this Section may be maintained with records that the

Department files under Section 2.1 of the Criminal

Identification Act.

(12) Information or records may be disclosed to the

general public when the court is conducting hearings under

Section 5-805 or 5-810.

(13) The changes made to this Section by Public Act 98-61

apply to juvenile court records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).

(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;

98-756, eff. 7-16-14.)

(705 ILCS 405/5-915)

Sec. 5-915. Expungement of juvenile law enforcement and

juvenile court records.

(0.05) (Blank).

(0.1) (a) The Illinois Department of State Police and all

law enforcement agencies within the State shall automatically

expunge, on or before January 1 of each year, all juvenile law

enforcement records relating to events occurring before an

individual's 18th birthday if:

(1) one year or more has elapsed since the date of the

arrest or law enforcement interaction documented in the

records;

(2) no petition for delinquency or criminal charges

were filed with the clerk of the circuit court relating to

the arrest or law enforcement interaction documented in

the records; and

(3) 6 months have elapsed since the date of the arrest

without an additional subsequent arrest or filing of a

petition for delinquency or criminal charges whether

related or not to the arrest or law enforcement

interaction documented in the records.

(b) If the law enforcement agency is unable to verify

satisfaction of conditions (2) and (3) of this subsection

(0.1), records that satisfy condition (1) of this subsection

(0.1) shall be automatically expunged if the records relate to

an offense that if committed by an adult would not be an

offense classified as a Class 2 felony or higher, an offense

under Article 11 of the Criminal Code of 1961 or Criminal Code

of 2012, or an offense under Section 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961.

(0.15) If a juvenile law enforcement record meets

paragraph (a) of subsection (0.1) of this Section, a juvenile

law enforcement record created:

(1) prior to January 1, 2018, but on or after January

1, 2013 shall be automatically expunged prior to January

1, 2020;

(2) prior to January 1, 2013, but on or after January

1, 2000, shall be automatically expunged prior to January

1, 2023; and

(3) prior to January 1, 2000 shall not be subject to

the automatic expungement provisions of this Act.

Nothing in this subsection (0.15) shall be construed to

restrict or modify an individual's right to have his or her

juvenile law enforcement records expunged except as otherwise

may be provided in this Act.

(0.2) (a) Upon dismissal of a petition alleging

delinquency or upon a finding of not delinquent, the

successful termination of an order of supervision, or the

successful termination of an adjudication for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a petty

or business offense if committed by an adult, the court shall

automatically order the expungement of the juvenile court

records and juvenile law enforcement records. The clerk shall

deliver a certified copy of the expungement order to the

Illinois Department of State Police and the arresting agency.

Upon request, the State's Attorney shall furnish the name of

the arresting agency. The expungement shall be completed

within 60 business days after the receipt of the expungement

order.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving

the commission of a felony, that information, and information

identifying the juvenile, may be retained until the statute of

limitations for the felony has run. If the chief law

enforcement officer of the agency, or his or her designee,

certifies in writing that certain information is needed with

respect to an internal investigation of any law enforcement

office, that information and information identifying the

juvenile may be retained within an intelligence file until the

investigation is terminated or the disciplinary action,

including appeals, has been completed, whichever is later.

Retention of a portion of a juvenile's law enforcement record

does not disqualify the remainder of his or her record from

immediate automatic expungement.

(0.3) (a) Upon an adjudication of delinquency based on any

offense except a disqualified offense, the juvenile court

shall automatically order the expungement of the juvenile

court and law enforcement records 2 years after the juvenile's

case was closed if no delinquency or criminal proceeding is

pending and the person has had no subsequent delinquency

adjudication or criminal conviction. The clerk shall deliver a

certified copy of the expungement order to the Illinois

Department of State Police and the arresting agency. Upon

request, the State's Attorney shall furnish the name of the

arresting agency. The expungement shall be completed within 60

business days after the receipt of the expungement order. In

this subsection (0.3), "disqualified offense" means any of the

following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,

9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,

12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,

12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,

18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,

24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,

29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal

Code of 2012, or subsection (b) of Section 8-1, paragraph (4)

of subsection (a) of Section 11-14.4, subsection (a-5) of

Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)

of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,

paragraph (1) or (2) of subsection (a) of Section 12-7.4,

subparagraph (i) of paragraph (1) of subsection (a) of Section

12-9, subparagraph (H) of paragraph (3) of subsection (a) of

Section 24-1.6, paragraph (1) of subsection (a) of Section

25-1, or subsection (a-7) of Section 31-1 of the Criminal Code

of 2012.

(b) If the chief law enforcement officer of the agency, or

his or her designee, certifies in writing that certain

information is needed for a pending investigation involving

the commission of a felony, that information, and information

identifying the juvenile, may be retained in an intelligence

file until the investigation is terminated or for one

additional year, whichever is sooner. Retention of a portion

of a juvenile's juvenile law enforcement record does not

disqualify the remainder of his or her record from immediate

automatic expungement.

(0.4) Automatic expungement for the purposes of this

Section shall not require law enforcement agencies to

obliterate or otherwise destroy juvenile law enforcement

records that would otherwise need to be automatically expunged

under this Act, except after 2 years following the subject

arrest for purposes of use in civil litigation against a

governmental entity or its law enforcement agency or personnel

which created, maintained, or used the records. However, these

juvenile law enforcement records shall be considered expunged

for all other purposes during this period and the offense,

which the records or files concern, shall be treated as if it

never occurred as required under Section 5-923.

(0.5) Subsection (0.1) or (0.2) of this Section does not

apply to violations of traffic, boating, fish and game laws,

or county or municipal ordinances.

(0.6) Juvenile law enforcement records of a plaintiff who

has filed civil litigation against the governmental entity or

its law enforcement agency or personnel that created,

maintained, or used the records, or juvenile law enforcement

records that contain information related to the allegations

set forth in the civil litigation may not be expunged until

after 2 years have elapsed after the conclusion of the

lawsuit, including any appeal.

(0.7) Officer-worn body camera recordings shall not be

automatically expunged except as otherwise authorized by the

Law Enforcement Officer-Worn Body Camera Act.

(1) Whenever a person has been arrested, charged, or

adjudicated delinquent for an incident occurring before his or

her 18th birthday that if committed by an adult would be an

offense, and that person's juvenile law enforcement and

juvenile court records are not eligible for automatic

expungement under subsection (0.1), (0.2), or (0.3), the

person may petition the court at any time for expungement of

juvenile law enforcement records and juvenile court records

relating to the incident and, upon termination of all juvenile

court proceedings relating to that incident, the court shall

order the expungement of all records in the possession of the

Illinois Department of State Police, the clerk of the circuit

court, and law enforcement agencies relating to the incident,

but only in any of the following circumstances:

(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;

(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of

delinquency;

(b) the minor was charged with an offense and was

found not delinquent of that offense;

(c) the minor was placed under supervision under

Section 5-615, and the order of supervision has since been

successfully terminated; or

(d) the minor was adjudicated for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult.

(1.5) The Illinois Department of State Police shall allow

a person to use the Access and Review process, established in

the Illinois Department of State Police, for verifying that

his or her juvenile law enforcement records relating to

incidents occurring before his or her 18th birthday eligible

under this Act have been expunged.

(1.6) (Blank).

(1.7) (Blank).

(1.8) (Blank).

(2) Any person whose delinquency adjudications are not

eligible for automatic expungement under subsection (0.3) of

this Section may petition the court to expunge all juvenile

law enforcement records relating to any incidents occurring

before his or her 18th birthday which did not result in

proceedings in criminal court and all juvenile court records

with respect to any adjudications except those based upon

first degree murder or an offense under Article 11 of the

Criminal Code of 2012 if the person is required to register

under the Sex Offender Registration Act at the time he or she

petitions the court for expungement; provided that: (a)

(blank); or (b) 2 years have elapsed since all juvenile court

proceedings relating to him or her have been terminated and

his or her commitment to the Department of Juvenile Justice

under this Act has been terminated.

(2.5) If a minor is arrested and no petition for

delinquency is filed with the clerk of the circuit court at the

time the minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor shall have an

arrest record and shall provide the minor and the minor's

parents or guardians with an expungement information packet,

information regarding this State's expungement laws including

a petition to expunge juvenile law enforcement and juvenile

court records obtained from the clerk of the circuit court.

(2.6) If a minor is referred to court, then, at the time of

sentencing, or dismissal of the case, or successful completion

of supervision, the judge shall inform the delinquent minor of

his or her rights regarding expungement and the clerk of the

circuit court shall provide an expungement information packet

to the minor, written in plain language, including information

regarding this State's expungement laws and a petition for

expungement, a sample of a completed petition, expungement

instructions that shall include information informing the

minor that (i) once the case is expunged, it shall be treated

as if it never occurred, (ii) he or she may apply to have

petition fees waived, (iii) once he or she obtains an

expungement, he or she may not be required to disclose that he

or she had a juvenile law enforcement or juvenile court

record, and (iv) if petitioning he or she may file the petition

on his or her own or with the assistance of an attorney. The

failure of the judge to inform the delinquent minor of his or

her right to petition for expungement as provided by law does

not create a substantive right, nor is that failure grounds

for: (i) a reversal of an adjudication of delinquency; , (ii) a

new trial; or (iii) an appeal.

(2.7) (Blank).

(2.8) (Blank).

(3) (Blank).

(3.1) (Blank).

(3.2) (Blank).

(3.3) (Blank).

(4) (Blank).

(5) (Blank).

(5.5) Whether or not expunged, records eligible for

automatic expungement under subdivision (0.1)(a), (0.2)(a), or

(0.3)(a) may be treated as expunged by the individual subject

to the records.

(6) (Blank).

(6.5) The Illinois Department of State Police or any

employee of the Illinois State Police Department shall be

immune from civil or criminal liability for failure to expunge

any records of arrest that are subject to expungement under

this Section because of inability to verify a record. Nothing

in this Section shall create Illinois Department of State

Police liability or responsibility for the expungement of

juvenile law enforcement records it does not possess.

(7) (Blank).

(7.5) (Blank).

(8)(a) (Blank). (b) (Blank). (c) The expungement of

juvenile law enforcement or juvenile court records under

subsection (0.1), (0.2), or (0.3) of this Section shall be

funded by appropriation by the General Assembly for that

purpose.

(9) (Blank).

(10) (Blank).

(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;

100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.

8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,

eff. 12-20-18; revised 7-16-19.)

Section 980. The Criminal Code of 2012 is amended by

changing Sections 3-7, 12-38, 12C-15, 14-3, 17-6.3, 24-1,

24-1.1, 24-3, 24-3B, 24-6, 24-8, 24.8-5, 28-5, 29B-0.5, 29B-3,

29B-4, 29B-12, 29B-20, 29B-25, 29B-26, 32-2, 32-8, 33-2,

33-3.1, 33-3.2, 36-1.1, 36-1.3, 36-2.2, and 36-7 as follows:

(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)

Sec. 3-7. Periods excluded from limitation.

(a) The period within which a prosecution must be

commenced does not include any period in which:

(1) the defendant is not usually and publicly resident

within this State; or

(2) the defendant is a public officer and the offense

charged is theft of public funds while in public office;

or

(3) a prosecution is pending against the defendant for

the same conduct, even if the indictment or information

which commences the prosecution is quashed or the

proceedings thereon are set aside, or are reversed on

appeal; or

(4) a proceeding or an appeal from a proceeding

relating to the quashing or enforcement of a Grand Jury

subpoena issued in connection with an investigation of a

violation of a criminal law of this State is pending.

However, the period within which a prosecution must be

commenced includes any period in which the State brings a

proceeding or an appeal from a proceeding specified in

this paragraph (4); or

(5) a material witness is placed on active military

duty or leave. In this paragraph (5), "material witness"

includes, but is not limited to, the arresting officer,

occurrence witness, or the alleged victim of the offense;

or

(6) the victim of unlawful force or threat of imminent

bodily harm to obtain information or a confession is

incarcerated, and the victim's incarceration, in whole or

in part, is a consequence of the unlawful force or

threats; or

(7) the sexual assault evidence is collected and

submitted to the Illinois Department of State Police until

the completion of the analysis of the submitted evidence.

(a-5) The prosecution shall not be required to prove at

trial facts establishing periods excluded from the general

limitations in Section 3-5 of this Code when the facts

supporting periods being excluded from the general limitations

are properly pled in the charging document. Any challenge

relating to periods of exclusion as defined in this Section

shall be exclusively conducted under Section 114-1 of the Code

of Criminal Procedure of 1963.

(b) For the purposes of this Section:

"Completion of the analysis of the submitted evidence"

means analysis of the collected evidence and conducting of

laboratory tests and the comparison of the collected

evidence with the genetic marker grouping analysis

information maintained by the Illinois Department of State

Police under Section 5-4-3 of the Unified Code of

Corrections and with the information contained in the

Federal Bureau of Investigation's National DNA database.

"Sexual assault" has the meaning ascribed to it in

Section 1a of the Sexual Assault Survivors Emergency

Treatment Act.

"Sexual assault evidence" has the meaning ascribed to

it in Section 5 of the Sexual Assault Evidence Submission

Act.

(Source: P.A. 99-252, eff. 1-1-16; 100-434, eff. 1-1-18.)

(720 ILCS 5/12-38)

Sec. 12-38. Restrictions on purchase or acquisition of

corrosive or caustic acid.

(a) A person seeking to purchase a substance which is

regulated by Title 16 CFR Section 1500.129 of the Federal

Caustic Poison Act and is required to contain the words

"causes severe burns" as the affirmative statement of

principal hazard on its label, must prior to taking

possession:

(1) provide a valid driver's license or other

government-issued identification showing the person's

name, date of birth, and photograph; and

(2) sign a log documenting the name and address of the

person, date and time of the transaction, and the brand,

product name and net weight of the item.

(b) Exemption. The requirements of subsection (a) do not

apply to batteries or household products. For the purposes of

this Section, "household product" means any product which is

customarily produced or distributed for sale for consumption

or use, or customarily stored, by individuals in or about the

household, including, but not limited to, products which are

customarily produced and distributed for use in or about a

household as a cleaning agent, drain cleaner, pesticide,

epoxy, paint, stain, or similar substance.

(c) Rules and Regulations. The Illinois Department of

State Police shall have the authority to promulgate rules for

the implementation and enforcement of this Section.

(d) Sentence. Any violation of this Section is a business

offense for which a fine not exceeding $150 for the first

violation, $500 for the second violation, or $1,500 for the

third and subsequent violations within a 12-month period shall

be imposed.

(e) Preemption. The regulation of the purchase or

acquisition, or both, of a caustic or corrosive substance and

any registry regarding the sale or possession, or both, of a

caustic or corrosive substance is an exclusive power and

function of the State. A home rule unit may not regulate the

purchase or acquisition of caustic or corrosive substances and

any ordinance or local law contrary to this Section is

declared void. This is a denial and limitation of home rule

powers and functions under subsection (h) of Section 6 of

Article VII of the Illinois Constitution.

(Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)

(720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)

Sec. 12C-15. Child abandonment or endangerment; probation.

(a) Whenever a parent of a child as determined by the court

on the facts before it, pleads guilty to or is found guilty of,

with respect to his or her child, child abandonment under

Section 12C-10 of this Article or endangering the life or

health of a child under Section 12C-5 of this Article, the

court may, without entering a judgment of guilt and with the

consent of the person, defer further proceedings and place the

person upon probation upon the reasonable terms and conditions

as the court may require. At least one term of the probation

shall require the person to cooperate with the Department of

Children and Family Services at the times and in the programs

that the Department of Children and Family Services may

require.

(b) Upon fulfillment of the terms and conditions imposed

under subsection (a), the court shall discharge the person and

dismiss the proceedings. Discharge and dismissal under this

Section shall be without court adjudication of guilt and shall

not be considered a conviction for purposes of

disqualification or disabilities imposed by law upon

conviction of a crime. However, a record of the disposition

shall be reported by the clerk of the circuit court to the

Illinois Department of State Police under Section 2.1 of the

Criminal Identification Act, and the record shall be

maintained and provided to any civil authority in connection

with a determination of whether the person is an acceptable

candidate for the care, custody and supervision of children.

(c) Discharge and dismissal under this Section may occur

only once.

(d) Probation under this Section may not be for a period of

less than 2 years.

(e) If the child dies of the injuries alleged, this

Section shall be inapplicable.

(Source: P.A. 97-1109, eff. 1-1-13.)

(720 ILCS 5/14-3)

Sec. 14-3. Exemptions. The following activities shall be

exempt from the provisions of this Article:

(a) Listening to radio, wireless electronic

communications, and television communications of any sort

where the same are publicly made;

(b) Hearing conversation when heard by employees of

any common carrier by wire incidental to the normal course

of their employment in the operation, maintenance or

repair of the equipment of such common carrier by wire so

long as no information obtained thereby is used or

divulged by the hearer;

(c) Any broadcast by radio, television or otherwise

whether it be a broadcast or recorded for the purpose of

later broadcasts of any function where the public is in

attendance and the conversations are overheard incidental

to the main purpose for which such broadcasts are then

being made;

(d) Recording or listening with the aid of any device

to any emergency communication made in the normal course

of operations by any federal, state or local law

enforcement agency or institutions dealing in emergency

services, including, but not limited to, hospitals,

clinics, ambulance services, fire fighting agencies, any

public utility, emergency repair facility, civilian

defense establishment or military installation;

(e) Recording the proceedings of any meeting required

to be open by the Open Meetings Act, as amended;

(f) Recording or listening with the aid of any device

to incoming telephone calls of phone lines publicly listed

or advertised as consumer "hotlines" by manufacturers or

retailers of food and drug products. Such recordings must

be destroyed, erased or turned over to local law

enforcement authorities within 24 hours from the time of

such recording and shall not be otherwise disseminated.

Failure on the part of the individual or business

operating any such recording or listening device to comply

with the requirements of this subsection shall eliminate

any civil or criminal immunity conferred upon that

individual or business by the operation of this Section;

(g) With prior notification to the State's Attorney of

the county in which it is to occur, recording or listening

with the aid of any device to any conversation where a law

enforcement officer, or any person acting at the direction

of law enforcement, is a party to the conversation and has

consented to it being intercepted or recorded under

circumstances where the use of the device is necessary for

the protection of the law enforcement officer or any

person acting at the direction of law enforcement, in the

course of an investigation of a forcible felony, a felony

offense of involuntary servitude, involuntary sexual

servitude of a minor, or trafficking in persons under

Section 10-9 of this Code, an offense involving

prostitution, solicitation of a sexual act, or pandering,

a felony violation of the Illinois Controlled Substances

Act, a felony violation of the Cannabis Control Act, a

felony violation of the Methamphetamine Control and

Community Protection Act, any "streetgang related" or

"gang-related" felony as those terms are defined in the

Illinois Streetgang Terrorism Omnibus Prevention Act, or

any felony offense involving any weapon listed in

paragraphs (1) through (11) of subsection (a) of Section

24-1 of this Code. Any recording or evidence derived as

the result of this exemption shall be inadmissible in any

proceeding, criminal, civil or administrative, except (i)

where a party to the conversation suffers great bodily

injury or is killed during such conversation, or (ii) when

used as direct impeachment of a witness concerning matters

contained in the interception or recording. The Director

of the Illinois Department of State Police shall issue

regulations as are necessary concerning the use of

devices, retention of tape recordings, and reports

regarding their use;

(g-5) (Blank);

(g-6) With approval of the State's Attorney of the

county in which it is to occur, recording or listening

with the aid of any device to any conversation where a law

enforcement officer, or any person acting at the direction

of law enforcement, is a party to the conversation and has

consented to it being intercepted or recorded in the

course of an investigation of child pornography,

aggravated child pornography, indecent solicitation of a

child, luring of a minor, sexual exploitation of a child,

aggravated criminal sexual abuse in which the victim of

the offense was at the time of the commission of the

offense under 18 years of age, or criminal sexual abuse by

force or threat of force in which the victim of the offense

was at the time of the commission of the offense under 18

years of age. In all such cases, an application for an

order approving the previous or continuing use of an

eavesdropping device must be made within 48 hours of the

commencement of such use. In the absence of such an order,

or upon its denial, any continuing use shall immediately

terminate. The Director of the Illinois State Police shall

issue rules as are necessary concerning the use of

devices, retention of recordings, and reports regarding

their use. Any recording or evidence obtained or derived

in the course of an investigation of child pornography,

aggravated child pornography, indecent solicitation of a

child, luring of a minor, sexual exploitation of a child,

aggravated criminal sexual abuse in which the victim of

the offense was at the time of the commission of the

offense under 18 years of age, or criminal sexual abuse by

force or threat of force in which the victim of the offense

was at the time of the commission of the offense under 18

years of age shall, upon motion of the State's Attorney or

Attorney General prosecuting any case involving child

pornography, aggravated child pornography, indecent

solicitation of a child, luring of a minor, sexual

exploitation of a child, aggravated criminal sexual abuse

in which the victim of the offense was at the time of the

commission of the offense under 18 years of age, or

criminal sexual abuse by force or threat of force in which

the victim of the offense was at the time of the commission

of the offense under 18 years of age be reviewed in camera

with notice to all parties present by the court presiding

over the criminal case, and, if ruled by the court to be

relevant and otherwise admissible, it shall be admissible

at the trial of the criminal case. Absent such a ruling,

any such recording or evidence shall not be admissible at

the trial of the criminal case;

(h) Recordings made simultaneously with the use of an

in-car video camera recording of an oral conversation

between a uniformed peace officer, who has identified his

or her office, and a person in the presence of the peace

officer whenever (i) an officer assigned a patrol vehicle

is conducting an enforcement stop; or (ii) patrol vehicle

emergency lights are activated or would otherwise be

activated if not for the need to conceal the presence of

law enforcement.

For the purposes of this subsection (h), "enforcement

stop" means an action by a law enforcement officer in

relation to enforcement and investigation duties,

including but not limited to, traffic stops, pedestrian

stops, abandoned vehicle contacts, motorist assists,

commercial motor vehicle stops, roadside safety checks,

requests for identification, or responses to requests for

emergency assistance;

(h-5) Recordings of utterances made by a person while

in the presence of a uniformed peace officer and while an

occupant of a police vehicle including, but not limited

to, (i) recordings made simultaneously with the use of an

in-car video camera and (ii) recordings made in the

presence of the peace officer utilizing video or audio

systems, or both, authorized by the law enforcement

agency;

(h-10) Recordings made simultaneously with a video

camera recording during the use of a taser or similar

weapon or device by a peace officer if the weapon or device

is equipped with such camera;

(h-15) Recordings made under subsection (h), (h-5), or

(h-10) shall be retained by the law enforcement agency

that employs the peace officer who made the recordings for

a storage period of 90 days, unless the recordings are

made as a part of an arrest or the recordings are deemed

evidence in any criminal, civil, or administrative

proceeding and then the recordings must only be destroyed

upon a final disposition and an order from the court.

Under no circumstances shall any recording be altered or

erased prior to the expiration of the designated storage

period. Upon completion of the storage period, the

recording medium may be erased and reissued for

operational use;

(i) Recording of a conversation made by or at the

request of a person, not a law enforcement officer or

agent of a law enforcement officer, who is a party to the

conversation, under reasonable suspicion that another

party to the conversation is committing, is about to

commit, or has committed a criminal offense against the

person or a member of his or her immediate household, and

there is reason to believe that evidence of the criminal

offense may be obtained by the recording;

(j) The use of a telephone monitoring device by either

(1) a corporation or other business entity engaged in

marketing or opinion research or (2) a corporation or

other business entity engaged in telephone solicitation,

as defined in this subsection, to record or listen to oral

telephone solicitation conversations or marketing or

opinion research conversations by an employee of the

corporation or other business entity when:

(i) the monitoring is used for the purpose of

service quality control of marketing or opinion

research or telephone solicitation, the education or

training of employees or contractors engaged in

marketing or opinion research or telephone

solicitation, or internal research related to

marketing or opinion research or telephone

solicitation; and

(ii) the monitoring is used with the consent of at

least one person who is an active party to the

marketing or opinion research conversation or

telephone solicitation conversation being monitored.

No communication or conversation or any part, portion,

or aspect of the communication or conversation made,

acquired, or obtained, directly or indirectly, under this

exemption (j), may be, directly or indirectly, furnished

to any law enforcement officer, agency, or official for

any purpose or used in any inquiry or investigation, or

used, directly or indirectly, in any administrative,

judicial, or other proceeding, or divulged to any third

party.

When recording or listening authorized by this

subsection (j) on telephone lines used for marketing or

opinion research or telephone solicitation purposes

results in recording or listening to a conversation that

does not relate to marketing or opinion research or

telephone solicitation; the person recording or listening

shall, immediately upon determining that the conversation

does not relate to marketing or opinion research or

telephone solicitation, terminate the recording or

listening and destroy any such recording as soon as is

practicable.

Business entities that use a telephone monitoring or

telephone recording system pursuant to this exemption (j)

shall provide current and prospective employees with

notice that the monitoring or recordings may occur during

the course of their employment. The notice shall include

prominent signage notification within the workplace.

Business entities that use a telephone monitoring or

telephone recording system pursuant to this exemption (j)

shall provide their employees or agents with access to

personal-only telephone lines which may be pay telephones,

that are not subject to telephone monitoring or telephone

recording.

For the purposes of this subsection (j), "telephone

solicitation" means a communication through the use of a

telephone by live operators:

(i) soliciting the sale of goods or services;

(ii) receiving orders for the sale of goods or

services;

(iii) assisting in the use of goods or services;

or

(iv) engaging in the solicitation, administration,

or collection of bank or retail credit accounts.

For the purposes of this subsection (j), "marketing or

opinion research" means a marketing or opinion research

interview conducted by a live telephone interviewer

engaged by a corporation or other business entity whose

principal business is the design, conduct, and analysis of

polls and surveys measuring the opinions, attitudes, and

responses of respondents toward products and services, or

social or political issues, or both;

(k) Electronic recordings, including but not limited

to, a motion picture, videotape, digital, or other visual

or audio recording, made of a custodial interrogation of

an individual at a police station or other place of

detention by a law enforcement officer under Section

5-401.5 of the Juvenile Court Act of 1987 or Section

103-2.1 of the Code of Criminal Procedure of 1963;

(l) Recording the interview or statement of any person

when the person knows that the interview is being

conducted by a law enforcement officer or prosecutor and

the interview takes place at a police station that is

currently participating in the Custodial Interview Pilot

Program established under the Illinois Criminal Justice

Information Act;

(m) An electronic recording, including but not limited

to, a motion picture, videotape, digital, or other visual

or audio recording, made of the interior of a school bus

while the school bus is being used in the transportation

of students to and from school and school-sponsored

activities, when the school board has adopted a policy

authorizing such recording, notice of such recording

policy is included in student handbooks and other

documents including the policies of the school, notice of

the policy regarding recording is provided to parents of

students, and notice of such recording is clearly posted

on the door of and inside the school bus.

Recordings made pursuant to this subsection (m) shall

be confidential records and may only be used by school

officials (or their designees) and law enforcement

personnel for investigations, school disciplinary actions

and hearings, proceedings under the Juvenile Court Act of

1987, and criminal prosecutions, related to incidents

occurring in or around the school bus;

(n) Recording or listening to an audio transmission

from a microphone placed by a person under the authority

of a law enforcement agency inside a bait car surveillance

vehicle while simultaneously capturing a photographic or

video image;

(o) The use of an eavesdropping camera or audio device

during an ongoing hostage or barricade situation by a law

enforcement officer or individual acting on behalf of a

law enforcement officer when the use of such device is

necessary to protect the safety of the general public,

hostages, or law enforcement officers or anyone acting on

their behalf;

(p) Recording or listening with the aid of any device

to incoming telephone calls of phone lines publicly listed

or advertised as the "CPS Violence Prevention Hotline",

but only where the notice of recording is given at the

beginning of each call as required by Section 34-21.8 of

the School Code. The recordings may be retained only by

the Chicago Police Department or other law enforcement

authorities, and shall not be otherwise retained or

disseminated;

(q)(1) With prior request to and written or verbal

approval of the State's Attorney of the county in which

the conversation is anticipated to occur, recording or

listening with the aid of an eavesdropping device to a

conversation in which a law enforcement officer, or any

person acting at the direction of a law enforcement

officer, is a party to the conversation and has consented

to the conversation being intercepted or recorded in the

course of an investigation of a qualified offense. The

State's Attorney may grant this approval only after

determining that reasonable cause exists to believe that

inculpatory conversations concerning a qualified offense

will occur with a specified individual or individuals

within a designated period of time.

(2) Request for approval. To invoke the exception

contained in this subsection (q), a law enforcement

officer shall make a request for approval to the

appropriate State's Attorney. The request may be written

or verbal; however, a written memorialization of the

request must be made by the State's Attorney. This request

for approval shall include whatever information is deemed

necessary by the State's Attorney but shall include, at a

minimum, the following information about each specified

individual whom the law enforcement officer believes will

commit a qualified offense:

(A) his or her full or partial name, nickname or

alias;

(B) a physical description; or

(C) failing either (A) or (B) of this paragraph

(2), any other supporting information known to the law

enforcement officer at the time of the request that

gives rise to reasonable cause to believe that the

specified individual will participate in an

inculpatory conversation concerning a qualified

offense.

(3) Limitations on approval. Each written approval by

the State's Attorney under this subsection (q) shall be

limited to:

(A) a recording or interception conducted by a

specified law enforcement officer or person acting at

the direction of a law enforcement officer;

(B) recording or intercepting conversations with

the individuals specified in the request for approval,

provided that the verbal approval shall be deemed to

include the recording or intercepting of conversations

with other individuals, unknown to the law enforcement

officer at the time of the request for approval, who

are acting in conjunction with or as co-conspirators

with the individuals specified in the request for

approval in the commission of a qualified offense;

(C) a reasonable period of time but in no event

longer than 24 consecutive hours;

(D) the written request for approval, if

applicable, or the written memorialization must be

filed, along with the written approval, with the

circuit clerk of the jurisdiction on the next business

day following the expiration of the authorized period

of time, and shall be subject to review by the Chief

Judge or his or her designee as deemed appropriate by

the court.

(3.5) The written memorialization of the request for

approval and the written approval by the State's Attorney

may be in any format, including via facsimile, email, or

otherwise, so long as it is capable of being filed with the

circuit clerk.

(3.10) Beginning March 1, 2015, each State's Attorney

shall annually submit a report to the General Assembly

disclosing:

(A) the number of requests for each qualified

offense for approval under this subsection; and

(B) the number of approvals for each qualified

offense given by the State's Attorney.

(4) Admissibility of evidence. No part of the contents

of any wire, electronic, or oral communication that has

been recorded or intercepted as a result of this exception

may be received in evidence in any trial, hearing, or

other proceeding in or before any court, grand jury,

department, officer, agency, regulatory body, legislative

committee, or other authority of this State, or a

political subdivision of the State, other than in a

prosecution of:

(A) the qualified offense for which approval was

given to record or intercept a conversation under this

subsection (q);

(B) a forcible felony committed directly in the

course of the investigation of the qualified offense

for which approval was given to record or intercept a

conversation under this subsection (q); or

(C) any other forcible felony committed while the

recording or interception was approved in accordance

with this subsection (q), but for this specific

category of prosecutions, only if the law enforcement

officer or person acting at the direction of a law

enforcement officer who has consented to the

conversation being intercepted or recorded suffers

great bodily injury or is killed during the commission

of the charged forcible felony.

(5) Compliance with the provisions of this subsection

is a prerequisite to the admissibility in evidence of any

part of the contents of any wire, electronic or oral

communication that has been intercepted as a result of

this exception, but nothing in this subsection shall be

deemed to prevent a court from otherwise excluding the

evidence on any other ground recognized by State or

federal law, nor shall anything in this subsection be

deemed to prevent a court from independently reviewing the

admissibility of the evidence for compliance with the

Fourth Amendment to the U.S. Constitution or with Article

I, Section 6 of the Illinois Constitution.

(6) Use of recordings or intercepts unrelated to

qualified offenses. Whenever any private conversation or

private electronic communication has been recorded or

intercepted as a result of this exception that is not

related to an offense for which the recording or intercept

is admissible under paragraph (4) of this subsection (q),

no part of the contents of the communication and evidence

derived from the communication may be received in evidence

in any trial, hearing, or other proceeding in or before

any court, grand jury, department, officer, agency,

regulatory body, legislative committee, or other authority

of this State, or a political subdivision of the State,

nor may it be publicly disclosed in any way.

(6.5) The Illinois Department of State Police shall

adopt rules as are necessary concerning the use of

devices, retention of recordings, and reports regarding

their use under this subsection (q).

(7) Definitions. For the purposes of this subsection

(q) only:

"Forcible felony" includes and is limited to those

offenses contained in Section 2-8 of the Criminal Code

of 1961 as of the effective date of this amendatory Act

of the 97th General Assembly, and only as those

offenses have been defined by law or judicial

interpretation as of that date.

"Qualified offense" means and is limited to:

(A) a felony violation of the Cannabis Control

Act, the Illinois Controlled Substances Act, or

the Methamphetamine Control and Community

Protection Act, except for violations of:

(i) Section 4 of the Cannabis Control Act;

(ii) Section 402 of the Illinois

Controlled Substances Act; and

(iii) Section 60 of the Methamphetamine

Control and Community Protection Act; and

(B) first degree murder, solicitation of

murder for hire, predatory criminal sexual assault

of a child, criminal sexual assault, aggravated

criminal sexual assault, aggravated arson,

kidnapping, aggravated kidnapping, child

abduction, trafficking in persons, involuntary

servitude, involuntary sexual servitude of a

minor, or gunrunning.

"State's Attorney" includes and is limited to the

State's Attorney or an assistant State's Attorney

designated by the State's Attorney to provide verbal

approval to record or intercept conversations under

this subsection (q).

(8) Sunset. This subsection (q) is inoperative on and

after January 1, 2023. No conversations intercepted

pursuant to this subsection (q), while operative, shall be

inadmissible in a court of law by virtue of the

inoperability of this subsection (q) on January 1, 2023.

(9) Recordings, records, and custody. Any private

conversation or private electronic communication

intercepted by a law enforcement officer or a person

acting at the direction of law enforcement shall, if

practicable, be recorded in such a way as will protect the

recording from editing or other alteration. Any and all

original recordings made under this subsection (q) shall

be inventoried without unnecessary delay pursuant to the

law enforcement agency's policies for inventorying

evidence. The original recordings shall not be destroyed

except upon an order of a court of competent jurisdiction;

and

(r) Electronic recordings, including but not limited

to, motion picture, videotape, digital, or other visual or

audio recording, made of a lineup under Section 107A-2 of

the Code of Criminal Procedure of 1963.

(Source: P.A. 100-572, eff. 12-29-17; 101-80, eff. 7-12-19.)

(720 ILCS 5/17-6.3)

Sec. 17-6.3. WIC fraud.

(a) For the purposes of this Section, the Special

Supplemental Food Program for Women, Infants and Children

administered by the Illinois Department of Public Health or

Department of Human Services shall be referred to as "WIC".

(b) A person commits WIC fraud if he or she knowingly (i)

uses, acquires, possesses, or transfers WIC Food Instruments

or authorizations to participate in WIC in any manner not

authorized by law or the rules of the Illinois Department of

Public Health or Department of Human Services or (ii) uses,

acquires, possesses, or transfers altered WIC Food Instruments

or authorizations to participate in WIC.

(c) Administrative malfeasance.

(1) A person commits administrative malfeasance if he

or she knowingly or recklessly misappropriates, misuses,

or unlawfully withholds or converts to his or her own use

or to the use of another any public funds made available

for WIC.

(2) An official or employee of the State or a unit of

local government who knowingly aids, abets, assists, or

participates in a known violation of this Section is

subject to disciplinary proceedings under the rules of the

applicable State agency or unit of local government.

(d) Unauthorized possession of identification document. A

person commits unauthorized possession of an identification

document if he or she knowingly possesses, with intent to

commit a misdemeanor or felony, another person's

identification document issued by the Illinois Department of

Public Health or Department of Human Services. For purposes of

this Section, "identification document" includes, but is not

limited to, an authorization to participate in WIC or a card or

other document that identifies a person as being entitled to

WIC benefits.

(e) Penalties.

(1) If an individual, firm, corporation, association,

agency, institution, or other legal entity is found by a

court to have engaged in an act, practice, or course of

conduct declared unlawful under subsection (a), (b), or

(c) of this Section and:

(A) the total amount of money involved in the

violation, including the monetary value of the WIC

Food Instruments and the value of commodities, is less

than $150, the violation is a Class A misdemeanor; a

second or subsequent violation is a Class 4 felony;

(B) the total amount of money involved in the

violation, including the monetary value of the WIC

Food Instruments and the value of commodities, is $150

or more but less than $1,000, the violation is a Class

4 felony; a second or subsequent violation is a Class 3

felony;

(C) the total amount of money involved in the

violation, including the monetary value of the WIC

Food Instruments and the value of commodities, is

$1,000 or more but less than $5,000, the violation is a

Class 3 felony; a second or subsequent violation is a

Class 2 felony;

(D) the total amount of money involved in the

violation, including the monetary value of the WIC

Food Instruments and the value of commodities, is

$5,000 or more but less than $10,000, the violation is

a Class 2 felony; a second or subsequent violation is a

Class 1 felony; or

(E) the total amount of money involved in the

violation, including the monetary value of the WIC

Food Instruments and the value of commodities, is

$10,000 or more, the violation is a Class 1 felony and

the defendant shall be permanently ineligible to

participate in WIC.

(2) A violation of subsection (d) is a Class 4 felony.

(3) The State's Attorney of the county in which the

violation of this Section occurred or the Attorney General

shall bring actions arising under this Section in the name

of the People of the State of Illinois.

(4) For purposes of determining the classification of

an offense under this subsection (e), all of the money

received as a result of the unlawful act, practice, or

course of conduct, including the value of any WIC Food

Instruments and the value of commodities, shall be

aggregated.

(f) Seizure and forfeiture of property.

(1) A person who commits a felony violation of this

Section is subject to the property forfeiture provisions

set forth in Article 124B of the Code of Criminal

Procedure of 1963.

(2) Property subject to forfeiture under this

subsection (f) may be seized by the Director of the

Illinois State Police or any local law enforcement agency

upon process or seizure warrant issued by any court having

jurisdiction over the property. The Director or a local

law enforcement agency may seize property under this

subsection (f) without process under any of the following

circumstances:

(A) If the seizure is incident to inspection under

an administrative inspection warrant.

(B) If the property subject to seizure has been

the subject of a prior judgment in favor of the State

in a criminal proceeding or in an injunction or

forfeiture proceeding under Article 124B of the Code

of Criminal Procedure of 1963.

(C) If there is probable cause to believe that the

property is directly or indirectly dangerous to health

or safety.

(D) If there is probable cause to believe that the

property is subject to forfeiture under this

subsection (f) and Article 124B of the Code of

Criminal Procedure of 1963 and the property is seized

under circumstances in which a warrantless seizure or

arrest would be reasonable.

(E) In accordance with the Code of Criminal

Procedure of 1963.

(g) Future participation as WIC vendor. A person who has

been convicted of a felony violation of this Section is

prohibited from participating as a WIC vendor for a minimum

period of 3 years following conviction and until the total

amount of money involved in the violation, including the value

of WIC Food Instruments and the value of commodities, is

repaid to WIC. This prohibition shall extend to any person

with management responsibility in a firm, corporation,

association, agency, institution, or other legal entity that

has been convicted of a violation of this Section and to an

officer or person owning, directly or indirectly, 5% or more

of the shares of stock or other evidences of ownership in a

corporate vendor.

(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

Sec. 24-1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of

weapons when he knowingly:

(1) Sells, manufactures, purchases, possesses or

carries any bludgeon, black-jack, slung-shot, sand-club,

sand-bag, metal knuckles or other knuckle weapon

regardless of its composition, throwing star, or any

knife, commonly referred to as a switchblade knife, which

has a blade that opens automatically by hand pressure

applied to a button, spring or other device in the handle

of the knife, or a ballistic knife, which is a device that

propels a knifelike blade as a projectile by means of a

coil spring, elastic material or compressed gas; or

(2) Carries or possesses with intent to use the same

unlawfully against another, a dagger, dirk, billy,

dangerous knife, razor, stiletto, broken bottle or other

piece of glass, stun gun or taser or any other dangerous or

deadly weapon or instrument of like character; or

(2.5) Carries or possesses with intent to use the same

unlawfully against another, any firearm in a church,

synagogue, mosque, or other building, structure, or place

used for religious worship; or

(3) Carries on or about his person or in any vehicle, a

tear gas gun projector or bomb or any object containing

noxious liquid gas or substance, other than an object

containing a non-lethal noxious liquid gas or substance

designed solely for personal defense carried by a person

18 years of age or older; or

(4) Carries or possesses in any vehicle or concealed

on or about his person except when on his land or in his

own abode, legal dwelling, or fixed place of business, or

on the land or in the legal dwelling of another person as

an invitee with that person's permission, any pistol,

revolver, stun gun or taser or other firearm, except that

this subsection (a) (4) does not apply to or affect

transportation of weapons that meet one of the following

conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the

Firearm Concealed Carry Act; or

(5) Sets a spring gun; or

(6) Possesses any device or attachment of any kind

designed, used or intended for use in silencing the report

of any firearm; or

(7) Sells, manufactures, purchases, possesses or

carries:

(i) a machine gun, which shall be defined for the

purposes of this subsection as any weapon, which

shoots, is designed to shoot, or can be readily

restored to shoot, automatically more than one shot

without manually reloading by a single function of the

trigger, including the frame or receiver of any such

weapon, or sells, manufactures, purchases, possesses,

or carries any combination of parts designed or

intended for use in converting any weapon into a

machine gun, or any combination or parts from which a

machine gun can be assembled if such parts are in the

possession or under the control of a person;

(ii) any rifle having one or more barrels less

than 16 inches in length or a shotgun having one or

more barrels less than 18 inches in length or any

weapon made from a rifle or shotgun, whether by

alteration, modification, or otherwise, if such a

weapon as modified has an overall length of less than

26 inches; or

(iii) any bomb, bomb-shell, grenade, bottle or

other container containing an explosive substance of

over one-quarter ounce for like purposes, such as, but

not limited to, black powder bombs and Molotov

cocktails or artillery projectiles; or

(8) Carries or possesses any firearm, stun gun or

taser or other deadly weapon in any place which is

licensed to sell intoxicating beverages, or at any public

gathering held pursuant to a license issued by any

governmental body or any public gathering at which an

admission is charged, excluding a place where a showing,

demonstration or lecture involving the exhibition of

unloaded firearms is conducted.

This subsection (a)(8) does not apply to any auction

or raffle of a firearm held pursuant to a license or permit

issued by a governmental body, nor does it apply to

persons engaged in firearm safety training courses; or

(9) Carries or possesses in a vehicle or on or about

his or her person any pistol, revolver, stun gun or taser

or firearm or ballistic knife, when he or she is hooded,

robed or masked in such manner as to conceal his or her

identity; or

(10) Carries or possesses on or about his or her

person, upon any public street, alley, or other public

lands within the corporate limits of a city, village, or

incorporated town, except when an invitee thereon or

therein, for the purpose of the display of such weapon or

the lawful commerce in weapons, or except when on his land

or in his or her own abode, legal dwelling, or fixed place

of business, or on the land or in the legal dwelling of

another person as an invitee with that person's

permission, any pistol, revolver, stun gun, or taser or

other firearm, except that this subsection (a) (10) does

not apply to or affect transportation of weapons that meet

one of the following conditions:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a

person who has been issued a currently valid Firearm

Owner's Identification Card; or

(iv) are carried or possessed in accordance with

the Firearm Concealed Carry Act by a person who has

been issued a currently valid license under the

Firearm Concealed Carry Act.

A "stun gun or taser", as used in this paragraph (a)

means (i) any device which is powered by electrical

charging units, such as, batteries, and which fires one or

several barbs attached to a length of wire and which, upon

hitting a human, can send out a current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning or (ii) any

device which is powered by electrical charging units, such

as batteries, and which, upon contact with a human or

clothing worn by a human, can send out current capable of

disrupting the person's nervous system in such a manner as

to render him incapable of normal functioning; or

(11) Sells, manufactures, or purchases any explosive

bullet. For purposes of this paragraph (a) "explosive

bullet" means the projectile portion of an ammunition

cartridge which contains or carries an explosive charge

which will explode upon contact with the flesh of a human

or an animal. "Cartridge" means a tubular metal case

having a projectile affixed at the front thereof and a cap

or primer at the rear end thereof, with the propellant

contained in such tube between the projectile and the cap;

or

(12) (Blank); or

(13) Carries or possesses on or about his or her

person while in a building occupied by a unit of

government, a billy club, other weapon of like character,

or other instrument of like character intended for use as

a weapon. For the purposes of this Section, "billy club"

means a short stick or club commonly carried by police

officers which is either telescopic or constructed of a

solid piece of wood or other man-made material.

(b) Sentence. A person convicted of a violation of

subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

Class A misdemeanor. A person convicted of a violation of

subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;

a person convicted of a violation of subsection 24-1(a)(6) or

24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

convicted of a violation of subsection 24-1(a)(7)(i) commits a

Class 2 felony and shall be sentenced to a term of imprisonment

of not less than 3 years and not more than 7 years, unless the

weapon is possessed in the passenger compartment of a motor

vehicle as defined in Section 1-146 of the Illinois Vehicle

Code, or on the person, while the weapon is loaded, in which

case it shall be a Class X felony. A person convicted of a

second or subsequent violation of subsection 24-1(a)(4),

24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

felony. A person convicted of a violation of subsection

24-1(a)(2.5) commits a Class 2 felony. The possession of each

weapon in violation of this Section constitutes a single and

separate violation.

(c) Violations in specific places.

(1) A person who violates subsection 24-1(a)(6) or

24-1(a)(7) in any school, regardless of the time of day or

the time of year, in residential property owned, operated

or managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on the

real property comprising any school, regardless of the

time of day or the time of year, on residential property

owned, operated or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, on the real property

comprising any public park, on the real property

comprising any courthouse, in any conveyance owned, leased

or contracted by a school to transport students to or from

school or a school related activity, in any conveyance

owned, leased, or contracted by a public transportation

agency, or on any public way within 1,000 feet of the real

property comprising any school, public park, courthouse,

public transportation facility, or residential property

owned, operated, or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development commits a Class 2 felony

and shall be sentenced to a term of imprisonment of not

less than 3 years and not more than 7 years.

(1.5) A person who violates subsection 24-1(a)(4),

24-1(a)(9), or 24-1(a)(10) in any school, regardless of

the time of day or the time of year, in residential

property owned, operated, or managed by a public housing

agency or leased by a public housing agency as part of a

scattered site or mixed-income development, in a public

park, in a courthouse, on the real property comprising any

school, regardless of the time of day or the time of year,

on residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development,

on the real property comprising any public park, on the

real property comprising any courthouse, in any conveyance

owned, leased, or contracted by a school to transport

students to or from school or a school related activity,

in any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 3 felony.

(2) A person who violates subsection 24-1(a)(1),

24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

time of day or the time of year, in residential property

owned, operated or managed by a public housing agency or

leased by a public housing agency as part of a scattered

site or mixed-income development, in a public park, in a

courthouse, on the real property comprising any school,

regardless of the time of day or the time of year, on

residential property owned, operated or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development,

on the real property comprising any public park, on the

real property comprising any courthouse, in any conveyance

owned, leased or contracted by a school to transport

students to or from school or a school related activity,

in any conveyance owned, leased, or contracted by a public

transportation agency, or on any public way within 1,000

feet of the real property comprising any school, public

park, courthouse, public transportation facility, or

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development

commits a Class 4 felony. "Courthouse" means any building

that is used by the Circuit, Appellate, or Supreme Court

of this State for the conduct of official business.

(3) Paragraphs (1), (1.5), and (2) of this subsection

(c) shall not apply to law enforcement officers or

security officers of such school, college, or university

or to students carrying or possessing firearms for use in

training courses, parades, hunting, target shooting on

school ranges, or otherwise with the consent of school

authorities and which firearms are transported unloaded

enclosed in a suitable case, box, or transportation

package.

(4) For the purposes of this subsection (c), "school"

means any public or private elementary or secondary

school, community college, college, or university.

(5) For the purposes of this subsection (c), "public

transportation agency" means a public or private agency

that provides for the transportation or conveyance of

persons by means available to the general public, except

for transportation by automobiles not used for conveyance

of the general public as passengers; and "public

transportation facility" means a terminal or other place

where one may obtain public transportation.

(d) The presence in an automobile other than a public

omnibus of any weapon, instrument or substance referred to in

subsection (a)(7) is prima facie evidence that it is in the

possession of, and is being carried by, all persons occupying

such automobile at the time such weapon, instrument or

substance is found, except under the following circumstances:

(i) if such weapon, instrument or instrumentality is found

upon the person of one of the occupants therein; or (ii) if

such weapon, instrument or substance is found in an automobile

operated for hire by a duly licensed driver in the due, lawful

and proper pursuit of his or her trade, then such presumption

shall not apply to the driver.

(e) Exemptions.

(1) Crossbows, Common or Compound bows and Underwater

Spearguns are exempted from the definition of ballistic

knife as defined in paragraph (1) of subsection (a) of

this Section.

(2) The provision of paragraph (1) of subsection (a)

of this Section prohibiting the sale, manufacture,

purchase, possession, or carrying of any knife, commonly

referred to as a switchblade knife, which has a blade that

opens automatically by hand pressure applied to a button,

spring or other device in the handle of the knife, does not

apply to a person who possesses a currently valid Firearm

Owner's Identification Card previously issued in his or

her name by the Illinois Department of State Police or to a

person or an entity engaged in the business of selling or

manufacturing switchblade knives.

(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)

(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

Sec. 24-1.1. Unlawful use or possession of weapons by

felons or persons in the custody of the Department of

Corrections facilities.

(a) It is unlawful for a person to knowingly possess on or

about his person or on his land or in his own abode or fixed

place of business any weapon prohibited under Section 24-1 of

this Act or any firearm or any firearm ammunition if the person

has been convicted of a felony under the laws of this State or

any other jurisdiction. This Section shall not apply if the

person has been granted relief by the Director of the Illinois

Department of State Police under Section 10 of the Firearm

Owners Identification Card Act.

(b) It is unlawful for any person confined in a penal

institution, which is a facility of the Illinois Department of

Corrections, to possess any weapon prohibited under Section

24-1 of this Code or any firearm or firearm ammunition,

regardless of the intent with which he possesses it.

(c) It shall be an affirmative defense to a violation of

subsection (b), that such possession was specifically

authorized by rule, regulation, or directive of the Illinois

Department of Corrections or order issued pursuant thereto.

(d) The defense of necessity is not available to a person

who is charged with a violation of subsection (b) of this

Section.

(e) Sentence. Violation of this Section by a person not

confined in a penal institution shall be a Class 3 felony for

which the person shall be sentenced to no less than 2 years and

no more than 10 years. A second or subsequent violation of this

Section shall be a Class 2 felony for which the person shall be

sentenced to a term of imprisonment of not less than 3 years

and not more than 14 years, except as provided for in Section

5-4.5-110 of the Unified Code of Corrections. Violation of

this Section by a person not confined in a penal institution

who has been convicted of a forcible felony, a felony

violation of Article 24 of this Code or of the Firearm Owners

Identification Card Act, stalking or aggravated stalking, or a

Class 2 or greater felony under the Illinois Controlled

Substances Act, the Cannabis Control Act, or the

Methamphetamine Control and Community Protection Act is a

Class 2 felony for which the person shall be sentenced to not

less than 3 years and not more than 14 years, except as

provided for in Section 5-4.5-110 of the Unified Code of

Corrections. Violation of this Section by a person who is on

parole or mandatory supervised release is a Class 2 felony for

which the person shall be sentenced to not less than 3 years

and not more than 14 years, except as provided for in Section

5-4.5-110 of the Unified Code of Corrections. Violation of

this Section by a person not confined in a penal institution is

a Class X felony when the firearm possessed is a machine gun.

Any person who violates this Section while confined in a penal

institution, which is a facility of the Illinois Department of

Corrections, is guilty of a Class 1 felony, if he possesses any

weapon prohibited under Section 24-1 of this Code regardless

of the intent with which he possesses it, a Class X felony if

he possesses any firearm, firearm ammunition or explosive, and

a Class X felony for which the offender shall be sentenced to

not less than 12 years and not more than 50 years when the

firearm possessed is a machine gun. A violation of this

Section while wearing or in possession of body armor as

defined in Section 33F-1 is a Class X felony punishable by a

term of imprisonment of not less than 10 years and not more

than 40 years. The possession of each firearm or firearm

ammunition in violation of this Section constitutes a single

and separate violation.

(Source: P.A. 100-3, eff. 1-1-18.)

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or

delivery of firearms when he or she knowingly does any of the

following:

(a) Sells or gives any firearm of a size which may be

concealed upon the person to any person under 18 years of

age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any

other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental institution within the past 5

years. In this subsection (e):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used

primarily for the care or treatment of persons with

mental illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is a

person with an intellectual disability.

(g) Delivers any firearm, incidental to a sale,

without withholding delivery of the firearm for at least

72 hours after application for its purchase has been made,

or delivers a stun gun or taser, incidental to a sale,

without withholding delivery of the stun gun or taser for

at least 24 hours after application for its purchase has

been made. However, this paragraph (g) does not apply to:

(1) the sale of a firearm to a law enforcement officer if

the seller of the firearm knows that the person to whom he

or she is selling the firearm is a law enforcement officer

or the sale of a firearm to a person who desires to

purchase a firearm for use in promoting the public

interest incident to his or her employment as a bank

guard, armed truck guard, or other similar employment; (2)

a mail order sale of a firearm from a federally licensed

firearms dealer to a nonresident of Illinois under which

the firearm is mailed to a federally licensed firearms

dealer outside the boundaries of Illinois; (3) (blank);

(4) the sale of a firearm to a dealer licensed as a federal

firearms dealer under Section 923 of the federal Gun

Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

sale of any rifle, shotgun, or other long gun to a resident

registered competitor or attendee or non-resident

registered competitor or attendee by any dealer licensed

as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 at competitive shooting

events held at the World Shooting Complex sanctioned by a

national governing body. For purposes of transfers or

sales under subparagraph (5) of this paragraph (g), the

Department of Natural Resources shall give notice to the

Illinois Department of State Police at least 30 calendar

days prior to any competitive shooting events at the World

Shooting Complex sanctioned by a national governing body.

The notification shall be made on a form prescribed by the

Illinois Department of State Police. The sanctioning body

shall provide a list of all registered competitors and

attendees at least 24 hours before the events to the

Illinois Department of State Police. Any changes to the

list of registered competitors and attendees shall be

forwarded to the Illinois Department of State Police as

soon as practicable. The Illinois Department of State

Police must destroy the list of registered competitors and

attendees no later than 30 days after the date of the

event. Nothing in this paragraph (g) relieves a federally

licensed firearm dealer from the requirements of

conducting a NICS background check through the Illinois

Point of Contact under 18 U.S.C. 922(t). For purposes of

this paragraph (g), "application" means when the buyer and

seller reach an agreement to purchase a firearm. For

purposes of this paragraph (g), "national governing body"

means a group of persons who adopt rules and formulate

policy on behalf of a national firearm sporting

organization.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

or receiver which is a die casting of zinc alloy or any

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

purposes of this paragraph, (1) "firearm" is defined as in

the Firearm Owners Identification Card Act; and (2)

"handgun" is defined as a firearm designed to be held and

fired by the use of a single hand, and includes a

combination of parts from which such a firearm can be

assembled.

(i) Sells or gives a firearm of any size to any person

under 18 years of age who does not possess a valid Firearm

Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail

without being licensed as a federal firearms dealer under

Section 923 of the federal Gun Control Act of 1968 (18

U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person who

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other

intents, such as improving or liquidating a personal

firearms collection; however, proof of profit shall not be

required as to a person who engages in the regular and

repetitive purchase and disposition of firearms for

criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of

the firearm either: (1) a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Illinois Department of State

Police under the provisions of the Firearm Owners

Identification Card Act; or (2) a currently valid license

to carry a concealed firearm that has previously been

issued in the transferee's name by the Illinois Department

of State Police under the Firearm Concealed Carry Act.

This paragraph (k) does not apply to the transfer of a

firearm to a person who is exempt from the requirement of

possessing a Firearm Owner's Identification Card under

Section 2 of the Firearm Owners Identification Card Act.

For the purposes of this Section, a currently valid

Firearm Owner's Identification Card means (i) a Firearm

Owner's Identification Card that has not expired or (ii)

an approval number issued in accordance with subsection

(a-10) of subsection 3 or Section 3.1 of the Firearm

Owners Identification Card Act shall be proof that the

Firearm Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

subsection (a-10) of Section 3 of the Firearm Owners

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

paragraph (k) shall not be liable for damages in any

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

(l) Not being entitled to the possession of a firearm,

delivers the firearm, knowing it to have been stolen or

converted. It may be inferred that a person who possesses

a firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is

stolen or converted.

(B) Paragraph (h) of subsection (A) does not include

firearms sold within 6 months after enactment of Public Act

78-355 (approved August 21, 1973, effective October 1, 1973),

nor is any firearm legally owned or possessed by any citizen or

purchased by any citizen within 6 months after the enactment

of Public Act 78-355 subject to confiscation or seizure under

the provisions of that Public Act. Nothing in Public Act

78-355 shall be construed to prohibit the gift or trade of any

firearm if that firearm was legally held or acquired within 6

months after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (c), (e), (f), (g),

or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (b) or (i) of

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) of subsection

(A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real

property comprising a school, at a school related

activity, or on or within 1,000 feet of any conveyance

owned, leased, or contracted by a school or school

district to transport students to or from school or a

school related activity, regardless of the time of day or

time of year at which the offense was committed, commits a

Class 1 felony. Any person convicted of a second or

subsequent violation of unlawful sale or delivery of

firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real

property comprising a school, at a school related

activity, or on or within 1,000 feet of any conveyance

owned, leased, or contracted by a school or school

district to transport students to or from school or a

school related activity, regardless of the time of day or

time of year at which the offense was committed, commits a

Class 1 felony for which the sentence shall be a term of

imprisonment of no less than 5 years and no more than 15

years.

(5) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) or (i) of

subsection (A) in residential property owned, operated, or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development,

on the real property comprising any public park, on the

real property comprising any courthouse, or on any public

way within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

by a public housing agency as part of a scattered site or

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (j) of subsection

(A) commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (k) of subsection

(A) commits a Class 4 felony, except that a violation of

subparagraph (1) of paragraph (k) of subsection (A) shall

not be punishable as a crime or petty offense. A third or

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of

unlawful sale or delivery of firearms in violation of

paragraph (a) or (i) of subsection (A), when the firearm

that was sold or given to another person under 18 years of

age was used in the commission of or attempt to commit a

forcible felony, shall be fined or imprisoned, or both,

not to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (d) of subsection

(A) commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection

(A) commits a Class 2 felony if the delivery is of one

firearm. Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection

(A) commits a Class 1 felony if the delivery is of not less

than 2 and not more than 5 firearms at the same time or

within a one year period. Any person convicted of unlawful

sale or delivery of firearms in violation of paragraph (l)

of subsection (A) commits a Class X felony for which he or

she shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 30 years if the

delivery is of not less than 6 and not more than 10

firearms at the same time or within a 2 year period. Any

person convicted of unlawful sale or delivery of firearms

in violation of paragraph (l) of subsection (A) commits a

Class X felony for which he or she shall be sentenced to a

term of imprisonment of not less than 6 years and not more

than 40 years if the delivery is of not less than 11 and

not more than 20 firearms at the same time or within a 3

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

subsection (A) commits a Class X felony for which he or she

shall be sentenced to a term of imprisonment of not less

than 6 years and not more than 50 years if the delivery is

of not less than 21 and not more than 30 firearms at the

same time or within a 4 year period. Any person convicted

of unlawful sale or delivery of firearms in violation of

paragraph (l) of subsection (A) commits a Class X felony

for which he or she shall be sentenced to a term of

imprisonment of not less than 6 years and not more than 60

years if the delivery is of 31 or more firearms at the same

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

participation is sponsored, organized, or funded in whole or

in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of

subsection (A) of this Section may be commenced within 6 years

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

subsection (A) of this Section may be commenced within 5 years

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

(720 ILCS 5/24-3B)

Sec. 24-3B. Firearms trafficking.

(a) A person commits firearms trafficking when he or she

has not been issued a currently valid Firearm Owner's

Identification Card and knowingly:

(1) brings, or causes to be brought, into this State,

a firearm or firearm ammunition for the purpose of sale,

delivery, or transfer to any other person or with the

intent to sell, deliver, or transfer the firearm or

firearm ammunition to any other person; or

(2) brings, or causes to be brought, into this State,

a firearm and firearm ammunition for the purpose of sale,

delivery, or transfer to any other person or with the

intent to sell, deliver, or transfer the firearm and

firearm ammunition to any other person.

(a-5) This Section does not apply to:

(1) a person exempt under Section 2 of the Firearm

Owners Identification Card Act from the requirement of

having possession of a Firearm Owner's Identification Card

previously issued in his or her name by the Illinois

Department of State Police in order to acquire or possess

a firearm or firearm ammunition;

(2) a common carrier under subsection (i) of Section

24-2 of this Code; or

(3) a non-resident who may lawfully possess a firearm

in his or her resident state.

(b) Sentence.

(1) Firearms trafficking is a Class 1 felony for which

the person, if sentenced to a term of imprisonment, shall

be sentenced to not less than 4 years and not more than 20

years.

(2) Firearms trafficking by a person who has been

previously convicted of firearms trafficking, gunrunning,

or a felony offense for the unlawful sale, delivery, or

transfer of a firearm or firearm ammunition in this State

or another jurisdiction is a Class X felony.

(Source: P.A. 99-885, eff. 8-23-16.)

(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)

Sec. 24-6. Confiscation and disposition of weapons.

(a) Upon conviction of an offense in which a weapon was

used or possessed by the offender, any weapon seized shall be

confiscated by the trial court.

(b) Any stolen weapon so confiscated, when no longer

needed for evidentiary purposes, shall be returned to the

person entitled to possession, if known. After the disposition

of a criminal case or in any criminal case where a final

judgment in the case was not entered due to the death of the

defendant, and when a confiscated weapon is no longer needed

for evidentiary purposes, and when in due course no legitimate

claim has been made for the weapon, the court may transfer the

weapon to the sheriff of the county who may proceed to destroy

it, or may in its discretion order the weapon preserved as

property of the governmental body whose police agency seized

the weapon, or may in its discretion order the weapon to be

transferred to the Illinois Department of State Police for use

by the crime laboratory system, for training purposes, or for

any other application as deemed appropriate by the Department.

If, after the disposition of a criminal case, a need still

exists for the use of the confiscated weapon for evidentiary

purposes, the court may transfer the weapon to the custody of

the State Department of Corrections for preservation. The

court may not order the transfer of the weapon to any private

individual or private organization other than to return a

stolen weapon to its rightful owner.

The provisions of this Section shall not apply to

violations of the Fish and Aquatic Life Code or the Wildlife

Code. Confiscation of weapons for Fish and Aquatic Life Code

and Wildlife Code violations shall be only as provided in

those Codes.

(c) Any mental hospital that admits a person as an

inpatient pursuant to any of the provisions of the Mental

Health and Developmental Disabilities Code shall confiscate

any firearms in the possession of that person at the time of

admission, or at any time the firearms are discovered in the

person's possession during the course of hospitalization. The

hospital shall, as soon as possible following confiscation,

transfer custody of the firearms to the appropriate law

enforcement agency. The hospital shall give written notice to

the person from whom the firearm was confiscated of the

identity and address of the law enforcement agency to which it

has given the firearm.

The law enforcement agency shall maintain possession of

any firearm it obtains pursuant to this subsection for a

minimum of 90 days. Thereafter, the firearm may be disposed of

pursuant to the provisions of subsection (b) of this Section.

(Source: P.A. 91-696, eff. 4-13-00.)

(720 ILCS 5/24-8)

Sec. 24-8. Firearm tracing.

(a) Upon recovering a firearm from the possession of

anyone who is not permitted by federal or State law to possess

a firearm, a local law enforcement agency shall use the best

available information, including a firearms trace when

necessary, to determine how and from whom the person gained

possession of the firearm. Upon recovering a firearm that was

used in the commission of any offense classified as a felony or

upon recovering a firearm that appears to have been lost,

mislaid, stolen, or otherwise unclaimed, a local law

enforcement agency shall use the best available information,

including a firearms trace when necessary, to determine prior

ownership of the firearm.

(b) Local law enforcement shall, when appropriate, use the

National Tracing Center of the Federal Bureau of Alcohol,

Tobacco and Firearms in complying with subsection (a) of this

Section.

(c) Local law enforcement agencies shall use the Illinois

Department of State Police Law Enforcement Agencies Data

System (LEADS) Gun File to enter all stolen, seized, or

recovered firearms as prescribed by LEADS regulations and

policies.

(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)

(720 ILCS 5/24.8-5)

Sec. 24.8-5. Sentence. A violation of this Article is a

petty offense. The Illinois State Police or any sheriff or

police officer shall seize, take, remove or cause to be

removed at the expense of the owner, any air rifle sold or used

in any manner in violation of this Article.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)

Sec. 28-5. Seizure of gambling devices and gambling funds.

(a) Every device designed for gambling which is incapable

of lawful use or every device used unlawfully for gambling

shall be considered a "gambling device", and shall be subject

to seizure, confiscation and destruction by the Illinois

Department of State Police or by any municipal, or other local

authority, within whose jurisdiction the same may be found. As

used in this Section, a "gambling device" includes any slot

machine, and includes any machine or device constructed for

the reception of money or other thing of value and so

constructed as to return, or to cause someone to return, on

chance to the player thereof money, property or a right to

receive money or property. With the exception of any device

designed for gambling which is incapable of lawful use, no

gambling device shall be forfeited or destroyed unless an

individual with a property interest in said device knows of

the unlawful use of the device.

(b) Every gambling device shall be seized and forfeited to

the county wherein such seizure occurs. Any money or other

thing of value integrally related to acts of gambling shall be

seized and forfeited to the county wherein such seizure

occurs.

(c) If, within 60 days after any seizure pursuant to

subparagraph (b) of this Section, a person having any property

interest in the seized property is charged with an offense,

the court which renders judgment upon such charge shall,

within 30 days after such judgment, conduct a forfeiture

hearing to determine whether such property was a gambling

device at the time of seizure. Such hearing shall be commenced

by a written petition by the State, including material

allegations of fact, the name and address of every person

determined by the State to have any property interest in the

seized property, a representation that written notice of the

date, time and place of such hearing has been mailed to every

such person by certified mail at least 10 days before such

date, and a request for forfeiture. Every such person may

appear as a party and present evidence at such hearing. The

quantum of proof required shall be a preponderance of the

evidence, and the burden of proof shall be on the State. If the

court determines that the seized property was a gambling

device at the time of seizure, an order of forfeiture and

disposition of the seized property shall be entered: a

gambling device shall be received by the State's Attorney, who

shall effect its destruction, except that valuable parts

thereof may be liquidated and the resultant money shall be

deposited in the general fund of the county wherein such

seizure occurred; money and other things of value shall be

received by the State's Attorney and, upon liquidation, shall

be deposited in the general fund of the county wherein such

seizure occurred. However, in the event that a defendant

raises the defense that the seized slot machine is an antique

slot machine described in subparagraph (b) (7) of Section 28-1

of this Code and therefore he is exempt from the charge of a

gambling activity participant, the seized antique slot machine

shall not be destroyed or otherwise altered until a final

determination is made by the Court as to whether it is such an

antique slot machine. Upon a final determination by the Court

of this question in favor of the defendant, such slot machine

shall be immediately returned to the defendant. Such order of

forfeiture and disposition shall, for the purposes of appeal,

be a final order and judgment in a civil proceeding.

(d) If a seizure pursuant to subparagraph (b) of this

Section is not followed by a charge pursuant to subparagraph

(c) of this Section, or if the prosecution of such charge is

permanently terminated or indefinitely discontinued without

any judgment of conviction or acquittal (1) the State's

Attorney shall commence an in rem proceeding for the

forfeiture and destruction of a gambling device, or for the

forfeiture and deposit in the general fund of the county of any

seized money or other things of value, or both, in the circuit

court and (2) any person having any property interest in such

seized gambling device, money or other thing of value may

commence separate civil proceedings in the manner provided by

law.

(e) Any gambling device displayed for sale to a riverboat

gambling operation, casino gambling operation, or organization

gaming facility or used to train occupational licensees of a

riverboat gambling operation, casino gambling operation, or

organization gaming facility as authorized under the Illinois

Gambling Act is exempt from seizure under this Section.

(f) Any gambling equipment, devices, and supplies provided

by a licensed supplier in accordance with the Illinois

Gambling Act which are removed from a riverboat, casino, or

organization gaming facility for repair are exempt from

seizure under this Section.

(g) The following video gaming terminals are exempt from

seizure under this Section:

(1) Video gaming terminals for sale to a licensed

distributor or operator under the Video Gaming Act.

(2) Video gaming terminals used to train licensed

technicians or licensed terminal handlers.

(3) Video gaming terminals that are removed from a

licensed establishment, licensed truck stop establishment,

licensed large truck stop establishment, licensed

fraternal establishment, or licensed veterans

establishment for repair.

(h) Property seized or forfeited under this Section is

subject to reporting under the Seizure and Forfeiture

Reporting Act.

(i) Any sports lottery terminals provided by a central

system provider that are removed from a lottery retailer for

repair under the Sports Wagering Act are exempt from seizure

under this Section.

(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25,

Section 25-915, eff. 6-28-19; 101-31, Article 35, Section

35-80, eff. 6-28-19; revised 7-12-19.)

(720 ILCS 5/29B-0.5)

Sec. 29B-0.5. Definitions. In this Article:

"Conduct" or "conducts" includes, in addition to its

ordinary meaning, initiating, concluding, or participating in

initiating or concluding a transaction.

"Criminally derived property" means: (1) any property,

real or personal, constituting or derived from proceeds

obtained, directly or indirectly, from activity that

constitutes a felony under State, federal, or foreign law; or

(2) any property represented to be property constituting or

derived from proceeds obtained, directly or indirectly, from

activity that constitutes a felony under State, federal, or

foreign law.

"Department" means the Department of State Police of this

State or its successor agency.

"Director" means the Director of the Illinois State Police

or his or her designated agents.

"Financial institution" means any bank; savings and loan

association; trust company; agency or branch of a foreign bank

in the United States; currency exchange; credit union;

mortgage banking institution; pawnbroker; loan or finance

company; operator of a credit card system; issuer, redeemer,

or cashier of travelers checks, checks, or money orders;

dealer in precious metals, stones, or jewels; broker or dealer

in securities or commodities; investment banker; or investment

company.

"Financial transaction" means a purchase, sale, loan,

pledge, gift, transfer, delivery, or other disposition

utilizing criminally derived property, and with respect to

financial institutions, includes a deposit, withdrawal,

transfer between accounts, exchange of currency, loan,

extension of credit, purchase or sale of any stock, bond,

certificate of deposit or other monetary instrument, use of

safe deposit box, or any other payment, transfer or delivery

by, through, or to a financial institution. "Financial

transaction" also means a transaction which without regard to

whether the funds, monetary instruments, or real or personal

property involved in the transaction are criminally derived,

any transaction which in any way or degree: (1) involves the

movement of funds by wire or any other means; (2) involves one

or more monetary instruments; or (3) the transfer of title to

any real or personal property. The receipt by an attorney of

bona fide fees for the purpose of legal representation is not a

financial transaction for purposes of this Article.

"Form 4-64" means the Illinois State Police

Notice/Inventory of Seized Property (Form 4-64).

"Knowing that the property involved in a financial

transaction represents the proceeds of some form of unlawful

activity" means that the person knew the property involved in

the transaction represented proceeds from some form, though

not necessarily which form, of activity that constitutes a

felony under State, federal, or foreign law.

"Monetary instrument" means United States coins and

currency; coins and currency of a foreign country; travelers

checks; personal checks, bank checks, and money orders;

investment securities; bearer negotiable instruments; bearer

investment securities; or bearer securities and certificates

of stock in a form that title passes upon delivery.

"Specified criminal activity" means any violation of

Section 29D-15.1 and any violation of Article 29D of this

Code.

"Transaction reporting requirement under State law" means

any violation as defined under the Currency Reporting Act.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(720 ILCS 5/29B-3)

Sec. 29B-3. Duty to enforce this Article.

(a) It is the duty of the Illinois Department of State

Police, and its agents, officers, and investigators, to

enforce this Article, except those provisions otherwise

specifically delegated, and to cooperate with all agencies

charged with the enforcement of the laws of the United States,

or of any state, relating to money laundering. Only an agent,

officer, or investigator designated by the Director may be

authorized in accordance with this Section to serve seizure

notices, warrants, subpoenas, and summonses under the

authority of this State.

(b) An agent, officer, investigator, or peace officer

designated by the Director may: (1) make seizure of property

under this Article; and (2) perform other law enforcement

duties as the Director designates. It is the duty of all

State's Attorneys to prosecute violations of this Article and

institute legal proceedings as authorized under this Article.

(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-4)

Sec. 29B-4. Protective orders and warrants for forfeiture

purposes.

(a) Upon application of the State, the court may enter a

restraining order or injunction, require the execution of a

satisfactory performance bond, or take any other action to

preserve the availability of property described in Section

29B-5 of this Article for forfeiture under this Article:

(1) upon the filing of an indictment, information, or

complaint charging a violation of this Article for which

forfeiture may be ordered under this Article and alleging

that the property with respect to which the order is

sought would be subject to forfeiture under this Article;

or

(2) prior to the filing of the indictment,

information, or complaint, if, after notice to persons

appearing to have an interest in the property and

opportunity for a hearing, the court determines that:

(A) there is probable cause to believe that the

State will prevail on the issue of forfeiture and that

failure to enter the order will result in the property

being destroyed, removed from the jurisdiction of the

court, or otherwise made unavailable for forfeiture;

and

(B) the need to preserve the availability of the

property through the entry of the requested order

outweighs the hardship on any party against whom the

order is to be entered.

Provided, however, that an order entered under

paragraph (2) of this Section shall be effective for not

more than 90 days, unless extended by the court for good

cause shown or unless an indictment, information,

complaint, or administrative notice has been filed.

(b) A temporary restraining order under this subsection

(b) may be entered upon application of the State without

notice or opportunity for a hearing when an indictment,

information, complaint, or administrative notice has not yet

been filed with respect to the property, if the State

demonstrates that there is probable cause to believe that the

property with respect to which the order is sought would be

subject to forfeiture under this Article and that provision of

notice will jeopardize the availability of the property for

forfeiture. The temporary order shall expire not more than 30

days after the date on which it is entered, unless extended for

good cause shown or unless the party against whom it is entered

consents to an extension for a longer period. A hearing

requested concerning an order entered under this subsection

(b) shall be held at the earliest possible time and prior to

the expiration of the temporary order.

(c) The court may receive and consider, at a hearing held

under this Section, evidence and information that would be

inadmissible under the Illinois rules of evidence.

(d) Under its authority to enter a pretrial restraining

order under this Section, the court may order a defendant to

repatriate any property that may be seized and forfeited and

to deposit that property pending trial with the Illinois

Department of State Police or another law enforcement agency

designated by the Illinois Department of State Police. Failure

to comply with an order under this Section is punishable as a

civil or criminal contempt of court.

(e) The State may request the issuance of a warrant

authorizing the seizure of property described in Section 29B-5

of this Article in the same manner as provided for a search

warrant. If the court determines that there is probable cause

to believe that the property to be seized would be subject to

forfeiture, the court shall issue a warrant authorizing the

seizure of that property.

(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-12)

Sec. 29B-12. Non-judicial forfeiture. If non-real

property that exceeds $20,000 in value excluding the value of

any conveyance, or if real property is seized under the

provisions of this Article, the State's Attorney shall

institute judicial in rem forfeiture proceedings as described

in Section 29B-13 of this Article within 28 days from receipt

of notice of seizure from the seizing agency under Section

29B-8 of this Article. However, if non-real property that does

not exceed $20,000 in value excluding the value of any

conveyance is seized, the following procedure shall be used:

(1) If, after review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the

seized property is subject to forfeiture, then, within 28

days after the receipt of notice of seizure from the

seizing agency, the State's Attorney shall cause notice of

pending forfeiture to be given to the owner of the

property and all known interest holders of the property in

accordance with Section 29B-10 of this Article.

(2) The notice of pending forfeiture shall include a

description of the property, the estimated value of the

property, the date and place of seizure, the conduct

giving rise to forfeiture or the violation of law alleged,

and a summary of procedures and procedural rights

applicable to the forfeiture action.

(3)(A) Any person claiming an interest in property

that is the subject of notice under paragraph (1) of this

Section, must, in order to preserve any rights or claims

to the property, within 45 days after the effective date

of notice as described in Section 29B-10 of this Article,

file a verified claim with the State's Attorney expressing

his or her interest in the property. The claim shall set

forth:

(i) the caption of the proceedings as set forth on

the notice of pending forfeiture and the name of the

claimant;

(ii) the address at which the claimant will accept

mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the

interest in the property;

(v) the names and addresses of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.

(B) If a claimant files the claim, then the State's

Attorney shall institute judicial in rem forfeiture

proceedings with the clerk of the court as described in

Section 29B-13 of this Article within 28 days after

receipt of the claim.

(4) If no claim is filed within the 28-day period as

described in paragraph (3) of this Section, the State's

Attorney shall declare the property forfeited and shall

promptly notify the owner and all known interest holders

of the property and the Director of the Illinois State

Police of the declaration of forfeiture and the Director

shall dispose of the property in accordance with law.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(720 ILCS 5/29B-20)

Sec. 29B-20. Settlement of claims. Notwithstanding other

provisions of this Article, the State's Attorney and a

claimant of seized property may enter into an agreed-upon

settlement concerning the seized property in such an amount

and upon such terms as are set out in writing in a settlement

agreement. All proceeds from a settlement agreement shall be

tendered to the Illinois Department of State Police and

distributed under Section 29B-26 of this Article.

(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-25)

Sec. 29B-25. Return of property, damages, and costs.

(a) The law enforcement agency that holds custody of

property seized for forfeiture shall deliver property ordered

by the court to be returned or conveyed to the claimant within

a reasonable time not to exceed 7 days, unless the order is

stayed by the trial court or a reviewing court pending an

appeal, motion to reconsider, or other reason.

(b) The law enforcement agency that holds custody of

property is responsible for any damages, storage fees, and

related costs applicable to property returned. The claimant

shall not be subject to any charges by the State for storage of

the property or expenses incurred in the preservation of the

property. Charges for the towing of a conveyance shall be

borne by the claimant unless the conveyance was towed for the

sole reason of seizure for forfeiture. This Section does not

prohibit the imposition of any fees or costs by a home rule

unit of local government related to the impoundment of a

conveyance under an ordinance enacted by the unit of

government.

(c) A law enforcement agency shall not retain forfeited

property for its own use or transfer the property to any person

or entity, except as provided under this Section. A law

enforcement agency may apply in writing to the Director of the

Illinois State Police to request that forfeited property be

awarded to the agency for a specifically articulated official

law enforcement use in an investigation. The Director shall

provide a written justification in each instance detailing the

reasons why the forfeited property was placed into official

use and the justification shall be retained for a period of not

less than 3 years.

(d) A claimant or a party interested in personal property

contained within a seized conveyance may file a request with

the State's Attorney in a non-judicial forfeiture action, or a

motion with the court in a judicial forfeiture action for the

return of any personal property contained within a conveyance

that is seized under this Article. The return of personal

property shall not be unreasonably withheld if the personal

property is not mechanically or electrically coupled to the

conveyance, needed for evidentiary purposes, or otherwise

contraband. Any law enforcement agency that returns property

under a court order under this Section shall not be liable to

any person who claims ownership to the property if it is

returned to an improper party.

(Source: P.A. 100-699, eff. 8-3-18.)

(720 ILCS 5/29B-26)

Sec. 29B-26. Distribution of proceeds. All moneys and the

sale proceeds of all other property forfeited and seized under

this Article shall be distributed as follows:

(1) 65% shall be distributed to the metropolitan

enforcement group, local, municipal, county, or State law

enforcement agency or agencies that conducted or

participated in the investigation resulting in the

forfeiture. The distribution shall bear a reasonable

relationship to the degree of direct participation of the

law enforcement agency in the effort resulting in the

forfeiture, taking into account the total value of the

property forfeited and the total law enforcement effort

with respect to the violation of the law upon which the

forfeiture is based. Amounts distributed to the agency or

agencies shall be used for the enforcement of laws.

(2)(i) 12.5% shall be distributed to the Office of the

State's Attorney of the county in which the prosecution

resulting in the forfeiture was instituted, deposited in a

special fund in the county treasury and appropriated to

the State's Attorney for use in the enforcement of laws.

In counties over 3,000,000 population, 25% shall be

distributed to the Office of the State's Attorney for use

in the enforcement of laws. If the prosecution is

undertaken solely by the Attorney General, the portion

provided under this subparagraph (i) shall be distributed

to the Attorney General for use in the enforcement of

laws.

(ii) 12.5% shall be distributed to the Office of the

State's Attorneys Appellate Prosecutor and deposited in

the Narcotics Profit Forfeiture Fund of that office to be

used for additional expenses incurred in the

investigation, prosecution, and appeal of cases arising

under laws. The Office of the State's Attorneys Appellate

Prosecutor shall not receive distribution from cases

brought in counties with over 3,000,000 population.

(3) 10% shall be retained by the Illinois Department

of State Police for expenses related to the administration

and sale of seized and forfeited property.

Moneys and the sale proceeds distributed to the Illinois

Department of State Police under this Article shall be

deposited in the Money Laundering Asset Recovery Fund created

in the State treasury and shall be used by the Illinois

Department of State Police for State law enforcement purposes.

All moneys and sale proceeds of property forfeited and seized

under this Article and distributed according to this Section

may also be used to purchase opioid antagonists as defined in

Section 5-23 of the Substance Use Disorder Act.

(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)

Sec. 32-2. Perjury.

(a) A person commits perjury when, under oath or

affirmation, in a proceeding or in any other matter where by

law the oath or affirmation is required, he or she makes a

false statement, material to the issue or point in question,

knowing the statement is false.

(b) Proof of Falsity.

An indictment or information for perjury alleging that the

offender, under oath, has knowingly made contradictory

statements, material to the issue or point in question, in the

same or in different proceedings, where the oath or

affirmation is required, need not specify which statement is

false. At the trial, the prosecution need not establish which

statement is false.

(c) Admission of Falsity.

Where the contradictory statements are made in the same

continuous trial, an admission by the offender in that same

continuous trial of the falsity of a contradictory statement

shall bar prosecution therefor under any provisions of this

Code.

(d) A person shall be exempt from prosecution under

subsection (a) of this Section if he or she is a peace officer

who uses a false or fictitious name in the enforcement of the

criminal laws, and this use is approved in writing as provided

in Section 10-1 of "The Liquor Control Act of 1934", as

amended, Section 5 of "An Act in relation to the use of an

assumed name in the conduct or transaction of business in this

State", approved July 17, 1941, as amended, or Section

2605-200 of the Illinois Department of State Police Law.

However, this exemption shall not apply to testimony in

judicial proceedings where the identity of the peace officer

is material to the issue, and he or she is ordered by the court

to disclose his or her identity.

(e) Sentence.

Perjury is a Class 3 felony.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)

Sec. 32-8. Tampering with public records.

(a) A person commits tampering with public records when he

or she knowingly, without lawful authority, and with the

intent to defraud any party, public officer or entity, alters,

destroys, defaces, removes or conceals any public record.

(b) (Blank).

(c) A judge, circuit clerk or clerk of court, public

official or employee, court reporter, or other person commits

tampering with public records when he or she knowingly,

without lawful authority, and with the intent to defraud any

party, public officer or entity, alters, destroys, defaces,

removes, or conceals any public record received or held by any

judge or by a clerk of any court.

(c-5) "Public record" expressly includes, but is not

limited to, court records, or documents, evidence, or exhibits

filed with the clerk of the court and which have become a part

of the official court record, pertaining to any civil or

criminal proceeding in any court.

(d) Sentence. A violation of subsection (a) is a Class 4

felony. A violation of subsection (c) is a Class 3 felony. Any

person convicted under subsection (c) who at the time of the

violation was responsible for making, keeping, storing, or

reporting the record for which the tampering occurred:

(1) shall forfeit his or her public office or public

employment, if any, and shall thereafter be ineligible for

both State and local public office and public employment

in this State for a period of 5 years after completion of

any term of probation, conditional discharge, or

incarceration in a penitentiary including the period of

mandatory supervised release;

(2) shall forfeit all retirement, pension, and other

benefits arising out of public office or public employment

as may be determined by the court in accordance with the

applicable provisions of the Illinois Pension Code;

(3) shall be subject to termination of any

professional licensure or registration in this State as

may be determined by the court in accordance with the

provisions of the applicable professional licensing or

registration laws;

(4) may be ordered by the court, after a hearing in

accordance with applicable law and in addition to any

other penalty or fine imposed by the court, to forfeit to

the State an amount equal to any financial gain or the

value of any advantage realized by the person as a result

of the offense; and

(5) may be ordered by the court, after a hearing in

accordance with applicable law and in addition to any

other penalty or fine imposed by the court, to pay

restitution to the victim in an amount equal to any

financial loss or the value of any advantage lost by the

victim as a result of the offense.

For the purposes of this subsection (d), an offense under

subsection (c) committed by a person holding public office or

public employment shall be rebuttably presumed to relate to or

arise out of or in connection with that public office or public

employment.

(e) Any party litigant who believes a violation of this

Section has occurred may seek the restoration of the court

record as provided in the Court Records Restoration Act. Any

order of the court denying the restoration of the court record

may be appealed as any other civil judgment.

(f) When the sheriff or local law enforcement agency

having jurisdiction declines to investigate, or inadequately

investigates, the court or any interested party, shall notify

the Illinois State Police of a suspected violation of

subsection (a) or (c), who shall have the authority to

investigate, and may investigate, the same, without regard to

whether the local law enforcement agency has requested the

Illinois State Police to do so.

(g) If the State's Attorney having jurisdiction declines

to prosecute a violation of subsection (a) or (c), the court or

interested party shall notify the Attorney General of the

refusal. The Attorney General shall, thereafter, have the

authority to prosecute, and may prosecute, the violation,

without a referral from the State's Attorney.

(h) Prosecution of a violation of subsection (c) shall be

commenced within 3 years after the act constituting the

violation is discovered or reasonably should have been

discovered.

(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11;

97-1108, eff. 1-1-13.)

(720 ILCS 5/33-2) (from Ch. 38, par. 33-2)

Sec. 33-2. Failure to report a bribe. Any public officer,

public employee or juror who fails to report forthwith to the

local State's Attorney, or in the case of a State employee to

the Illinois Department of State Police, any offer made to him

in violation of Section 33-1 commits a Class A misdemeanor.

In the case of a State employee, the making of such report

to the Illinois Department of State Police shall discharge

such employee from any further duty under this Section. Upon

receiving any such report, the Illinois Department of State

Police shall forthwith transmit a copy thereof to the

appropriate State's Attorney.

(Source: P.A. 84-25.)

(720 ILCS 5/33-3.1)

Sec. 33-3.1. Solicitation misconduct (State government).

(a) An employee of an executive branch constitutional

officer commits solicitation misconduct (State government)

when, at any time, he or she knowingly solicits or receives

contributions, as that term is defined in Section 9-1.4 of the

Election Code, from a person engaged in a business or activity

over which the person has regulatory authority.

(b) For the purpose of this Section, "employee of an

executive branch constitutional officer" means a full-time or

part-time salaried employee, full-time or part-time salaried

appointee, or any contractual employee of any office, board,

commission, agency, department, authority, administrative

unit, or corporate outgrowth under the jurisdiction of an

executive branch constitutional officer; and "regulatory

authority" means having the responsibility to investigate,

inspect, license, or enforce regulatory measures necessary to

the requirements of any State or federal statute or regulation

relating to the business or activity.

(c) An employee of an executive branch constitutional

officer, including one who does not have regulatory authority,

commits a violation of this Section if that employee knowingly

acts in concert with an employee of an executive branch

constitutional officer who does have regulatory authority to

solicit or receive contributions in violation of this Section.

(d) Solicitation misconduct (State government) is a Class

A misdemeanor. An employee of an executive branch

constitutional officer convicted of committing solicitation

misconduct (State government) forfeits his or her employment.

(e) An employee of an executive branch constitutional

officer who is discharged, demoted, suspended, threatened,

harassed, or in any other manner discriminated against in the

terms and conditions of employment because of lawful acts done

by the employee or on behalf of the employee or others in

furtherance of the enforcement of this Section shall be

entitled to all relief necessary to make the employee whole.

(f) Any person who knowingly makes a false report of

solicitation misconduct (State government) to the Illinois

State Police, the Attorney General, a State's Attorney, or any

law enforcement official is guilty of a Class C misdemeanor.

(Source: P.A. 92-853, eff. 8-28-02.)

(720 ILCS 5/33-3.2)

Sec. 33-3.2. Solicitation misconduct (local government).

(a) An employee of a chief executive officer of a local

government commits solicitation misconduct (local government)

when, at any time, he or she knowingly solicits or receives

contributions, as that term is defined in Section 9-1.4 of the

Election Code, from a person engaged in a business or activity

over which the person has regulatory authority.

(b) For the purpose of this Section, "chief executive

officer of a local government" means an executive officer of a

county, township or municipal government or any administrative

subdivision under jurisdiction of the county, township, or

municipal government including but not limited to: chairman or

president of a county board or commission, mayor or village

president, township supervisor, county executive, municipal

manager, assessor, auditor, clerk, coroner, recorder, sheriff

or State's Attorney; "employee of a chief executive officer of

a local government" means a full-time or part-time salaried

employee, full-time or part-time salaried appointee, or any

contractual employee of any office, board, commission, agency,

department, authority, administrative unit, or corporate

outgrowth under the jurisdiction of a chief executive officer

of a local government; and "regulatory authority" means having

the responsibility to investigate, inspect, license, or

enforce regulatory measures necessary to the requirements of

any State, local, or federal statute or regulation relating to

the business or activity.

(c) An employee of a chief executive officer of a local

government, including one who does not have regulatory

authority, commits a violation of this Section if that

employee knowingly acts in concert with an employee of a chief

executive officer of a local government who does have

regulatory authority to solicit or receive contributions in

violation of this Section.

(d) Solicitation misconduct (local government) is a Class

A misdemeanor. An employee of a chief executive officer of a

local government convicted of committing solicitation

misconduct (local government) forfeits his or her employment.

(e) An employee of a chief executive officer of a local

government who is discharged, demoted, suspended, threatened,

harassed, or in any other manner discriminated against in the

terms and conditions of employment because of lawful acts done

by the employee or on behalf of the employee or others in

furtherance of the enforcement of this Section shall be

entitled to all relief necessary to make the employee whole.

(f) Any person who knowingly makes a false report of

solicitation misconduct (local government) to the Illinois

State Police, the Attorney General, a State's Attorney, or any

law enforcement official is guilty of a Class C misdemeanor.

(Source: P.A. 92-853, eff. 8-28-02.)

(720 ILCS 5/36-1.1)

Sec. 36-1.1. Seizure.

(a) Any property subject to forfeiture under this Article

may be seized and impounded by the Director of the Illinois

State Police or any peace officer upon process or seizure

warrant issued by any court having jurisdiction over the

property.

(b) Any property subject to forfeiture under this Article

may be seized and impounded by the Director of the Illinois

State Police or any peace officer without process if there is

probable cause to believe that the property is subject to

forfeiture under Section 36-1 of this Article and the property

is seized under circumstances in which a warrantless seizure

or arrest would be reasonable.

(c) If the seized property is a conveyance, an

investigation shall be made by the law enforcement agency as

to any person whose right, title, interest, or lien is of

record in the office of the agency or official in which title

to or interest in the conveyance is required by law to be

recorded.

(d) After seizure under this Section, notice shall be

given to all known interest holders that forfeiture

proceedings, including a preliminary review, may be instituted

and the proceedings may be instituted under this Article.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(720 ILCS 5/36-1.3)

Sec. 36-1.3. Safekeeping of seized property pending

disposition.

(a) Property seized under this Article is deemed to be in

the custody of the Director of the Illinois State Police,

subject only to the order and judgments of the circuit court

having jurisdiction over the forfeiture proceedings and the

decisions of the State's Attorney under this Article.

(b) If property is seized under this Article, the seizing

agency shall promptly conduct an inventory of the seized

property and estimate the property's value and shall forward a

copy of the inventory of seized property and the estimate of

the property's value to the Director of the Illinois State

Police. Upon receiving notice of seizure, the Director of the

Illinois State Police may:

(1) place the property under seal;

(2) remove the property to a place designated by the

Director of the Illinois State Police;

(3) keep the property in the possession of the seizing

agency;

(4) remove the property to a storage area for

safekeeping;

(5) place the property under constructive seizure by

posting notice of pending forfeiture on it, by giving

notice of pending forfeiture to its owners and interest

holders, or by filing notice of pending forfeiture in any

appropriate public record relating to the property; or

(6) provide for another agency or custodian, including

an owner, secured party, or lienholder, to take custody of

the property upon the terms and conditions set by the

seizing agency.

(c) The seizing agency shall exercise ordinary care to

protect the subject of the forfeiture from negligent loss,

damage, or destruction.

(d) Property seized or forfeited under this Article is

subject to reporting under the Seizure and Forfeiture

Reporting Act.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

100-1163, eff. 12-20-18.)

(720 ILCS 5/36-2.2)

Sec. 36-2.2. Replevin prohibited; return of personal

property inside seized conveyance.

(a) Property seized under this Article shall not be

subject to replevin, but is deemed to be in the custody of the

Director of the Illinois State Police, subject only to the

order and judgments of the circuit court having jurisdiction

over the forfeiture proceedings and the decisions of the

State's Attorney.

(b) A claimant or a party interested in personal property

contained within a seized conveyance may file a motion with

the court in a judicial forfeiture action for the return of any

personal property contained within a conveyance seized under

this Article. The return of personal property shall not be

unreasonably withheld if the personal property is not

mechanically or electrically coupled to the conveyance, needed

for evidentiary purposes, or otherwise contraband. A law

enforcement agency that returns property under a court order

under this Section shall not be liable to any person who claims

ownership to the property if the property is returned to an

improper party.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(720 ILCS 5/36-7)

Sec. 36-7. Distribution of proceeds; selling or retaining

seized property prohibited.

(a) Except as otherwise provided in this Section, the

court shall order that property forfeited under this Article

be delivered to the Illinois Department of State Police within

60 days.

(b) The Illinois Department of State Police or its

designee shall dispose of all property at public auction and

shall distribute the proceeds of the sale, together with any

moneys forfeited or seized, under subsection (c) of this

Section.

(c) All moneys and the sale proceeds of all other property

forfeited and seized under this Act shall be distributed as

follows:

(1) 65% shall be distributed to the drug task force,

metropolitan enforcement group, local, municipal, county,

or State law enforcement agency or agencies that conducted

or participated in the investigation resulting in the

forfeiture. The distribution shall bear a reasonable

relationship to the degree of direct participation of the

law enforcement agency in the effort resulting in the

forfeiture, taking into account the total value of the

property forfeited and the total law enforcement effort

with respect to the violation of the law upon which the

forfeiture is based. Amounts distributed to the agency or

agencies shall be used, at the discretion of the agency,

for the enforcement of criminal laws; or for public

education in the community or schools in the prevention or

detection of the abuse of drugs or alcohol; or for

security cameras used for the prevention or detection of

violence, except that amounts distributed to the Secretary

of State shall be deposited into the Secretary of State

Evidence Fund to be used as provided in Section 2-115 of

the Illinois Vehicle Code.

Any local, municipal, or county law enforcement agency

entitled to receive a monetary distribution of forfeiture

proceeds may share those forfeiture proceeds pursuant to

the terms of an intergovernmental agreement with a

municipality that has a population in excess of 20,000 if:

(A) the receiving agency has entered into an

intergovernmental agreement with the municipality to

provide police services;

(B) the intergovernmental agreement for police

services provides for consideration in an amount of

not less than $1,000,000 per year;

(C) the seizure took place within the geographical

limits of the municipality; and

(D) the funds are used only for the enforcement of

criminal laws; for public education in the community

or schools in the prevention or detection of the abuse

of drugs or alcohol; or for security cameras used for

the prevention or detection of violence or the

establishment of a municipal police force, including

the training of officers, construction of a police

station, the purchase of law enforcement equipment, or

vehicles.

(2) 12.5% shall be distributed to the Office of the

State's Attorney of the county in which the prosecution

resulting in the forfeiture was instituted, deposited in a

special fund in the county treasury and appropriated to

the State's Attorney for use, at the discretion of the

State's Attorney, in the enforcement of criminal laws; or

for public education in the community or schools in the

prevention or detection of the abuse of drugs or alcohol;

or at the discretion of the State's Attorney, in addition

to other authorized purposes, to make grants to local

substance abuse treatment facilities and half-way houses.

In counties over 3,000,000 population, 25% will be

distributed to the Office of the State's Attorney for use,

at the discretion of the State's Attorney, in the

enforcement of criminal laws; or for public education in

the community or schools in the prevention or detection of

the abuse of drugs or alcohol; or at the discretion of the

State's Attorney, in addition to other authorized

purposes, to make grants to local substance abuse

treatment facilities and half-way houses. If the

prosecution is undertaken solely by the Attorney General,

the portion provided shall be distributed to the Attorney

General for use in the enforcement of criminal laws

governing cannabis and controlled substances or for public

education in the community or schools in the prevention or

detection of the abuse of drugs or alcohol.

12.5% shall be distributed to the Office of the

State's Attorneys Appellate Prosecutor and shall be used

at the discretion of the State's Attorneys Appellate

Prosecutor for additional expenses incurred in the

investigation, prosecution and appeal of cases arising in

the enforcement of criminal laws; or for public education

in the community or schools in the prevention or detection

of the abuse of drugs or alcohol. The Office of the State's

Attorneys Appellate Prosecutor shall not receive

distribution from cases brought in counties with over

3,000,000 population.

(3) 10% shall be retained by the Illinois Department

of State Police for expenses related to the administration

and sale of seized and forfeited property.

(d) A law enforcement agency shall not retain forfeited

property for its own use or transfer the property to any person

or entity, except as provided under this Section. A law

enforcement agency may apply in writing to the Director of the

Illinois State Police to request that forfeited property be

awarded to the agency for a specifically articulated official

law enforcement use in an investigation. The Director of the

Illinois State Police shall provide a written justification in

each instance detailing the reasons why the forfeited property

was placed into official use, and the justification shall be

retained for a period of not less than 3 years.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

Section 985. The Cannabis Control Act is amended by

changing Sections 3, 4, 8, 10.2, 11, 15.2, 16.2, and 17 as

follows:

(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)

Sec. 3. As used in this Act, unless the context otherwise

requires:

(a) "Cannabis" includes marihuana, hashish and other

substances which are identified as including any parts of the

plant Cannabis Sativa, whether growing or not; the seeds

thereof, the resin extracted from any part of such plant; and

any compound, manufacture, salt, derivative, mixture, or

preparation of such plant, its seeds, or resin, including

tetrahydrocannabinol (THC) and all other cannabinol

derivatives, including its naturally occurring or

synthetically produced ingredients, whether produced directly

or indirectly by extraction, or independently by means of

chemical synthesis or by a combination of extraction and

chemical synthesis; but shall not include the mature stalks of

such plant, fiber produced from such stalks, oil or cake made

from the seeds of such plant, any other compound, manufacture,

salt, derivative, mixture, or preparation of such mature

stalks (except the resin extracted therefrom), fiber, oil or

cake, or the sterilized seed of such plant which is incapable

of germination.

(b) "Casual delivery" means the delivery of not more than

10 grams of any substance containing cannabis without

consideration.

(c) "Department" means the Illinois Department of Human

Services (as successor to the Department of Alcoholism and

Substance Abuse) or its successor agency.

(d) "Deliver" or "delivery" means the actual, constructive

or attempted transfer of possession of cannabis, with or

without consideration, whether or not there is an agency

relationship.

(e) (Blank). "Department of State Police" means the

Department of State Police of the State of Illinois or its

successor agency.

(f) "Director" means the Director of the Illinois

Department of State Police or his designated agent.

(g) "Local authorities" means a duly organized State,

county, or municipal peace unit or police force.

(h) "Manufacture" means the production, preparation,

propagation, compounding, conversion or processing of

cannabis, either directly or indirectly, by extraction from

substances of natural origin, or independently by means of

chemical synthesis, or by a combination of extraction and

chemical synthesis, and includes any packaging or repackaging

of cannabis or labeling of its container, except that this

term does not include the preparation, compounding, packaging,

or labeling of cannabis as an incident to lawful research,

teaching, or chemical analysis and not for sale.

(i) "Person" means any individual, corporation, government

or governmental subdivision or agency, business trust, estate,

trust, partnership or association, or any other entity.

(j) "Produce" or "production" means planting, cultivating,

tending or harvesting.

(k) "State" includes the State of Illinois and any state,

district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United

States of America.

(l) "Subsequent offense" means an offense under this Act,

the offender of which, prior to his conviction of the offense,

has at any time been convicted under this Act or under any laws

of the United States or of any state relating to cannabis, or

any controlled substance as defined in the Illinois Controlled

Substances Act.

(Source: P.A. 100-1091, eff. 8-26-18; 101-593, eff. 12-4-19.)

(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)

Sec. 4. Except as otherwise provided in the Cannabis

Regulation and Tax Act and the Industrial Hemp Act, it is

unlawful for any person knowingly to possess cannabis.

Any person who violates this Section with respect to:

(a) not more than 10 grams of any substance containing

cannabis is guilty of a civil law violation punishable by

a minimum fine of $100 and a maximum fine of $200. The

proceeds of the fine shall be payable to the clerk of the

circuit court. Within 30 days after the deposit of the

fine, the clerk shall distribute the proceeds of the fine

as follows:

(1) $10 of the fine to the circuit clerk and $10 of

the fine to the law enforcement agency that issued the

citation; the proceeds of each $10 fine distributed to

the circuit clerk and each $10 fine distributed to the

law enforcement agency that issued the citation for

the violation shall be used to defer the cost of

automatic expungements under paragraph (2.5) of

subsection (a) of Section 5.2 of the Criminal

Identification Act;

(2) $15 to the county to fund drug addiction

services;

(3) $10 to the Office of the State's Attorneys

Appellate Prosecutor for use in training programs;

(4) $10 to the State's Attorney; and

(5) any remainder of the fine to the law

enforcement agency that issued the citation for the

violation.

With respect to funds designated for the Illinois

Department of State Police, the moneys shall be remitted

by the circuit court clerk to the Illinois Department of

State Police within one month after receipt for deposit

into the State Police Operations Assistance Fund. With

respect to funds designated for the Department of Natural

Resources, the Department of Natural Resources shall

deposit the moneys into the Conservation Police Operations

Assistance Fund;

(b) more than 10 grams but not more than 30 grams of

any substance containing cannabis is guilty of a Class B

misdemeanor;

(c) more than 30 grams but not more than 100 grams of

any substance containing cannabis is guilty of a Class A

misdemeanor; provided, that if any offense under this

subsection (c) is a subsequent offense, the offender shall

be guilty of a Class 4 felony;

(d) more than 100 grams but not more than 500 grams of

any substance containing cannabis is guilty of a Class 4

felony; provided that if any offense under this subsection

(d) is a subsequent offense, the offender shall be guilty

of a Class 3 felony;

(e) more than 500 grams but not more than 2,000 grams

of any substance containing cannabis is guilty of a Class

3 felony;

(f) more than 2,000 grams but not more than 5,000

grams of any substance containing cannabis is guilty of a

Class 2 felony;

(g) more than 5,000 grams of any substance containing

cannabis is guilty of a Class 1 felony.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)

Sec. 8. Except as otherwise provided in the Cannabis

Regulation and Tax Act and the Industrial Hemp Act, it is

unlawful for any person knowingly to produce the Cannabis

sativa plant or to possess such plants unless production or

possession has been authorized pursuant to the provisions of

Section 11 or 15.2 of the Act. Any person who violates this

Section with respect to production or possession of:

(a) Not more than 5 plants is guilty of a civil

violation punishable by a minimum fine of $100 and a

maximum fine of $200. The proceeds of the fine are payable

to the clerk of the circuit court. Within 30 days after the

deposit of the fine, the clerk shall distribute the

proceeds of the fine as follows:

(1) $10 of the fine to the circuit clerk and $10 of

the fine to the law enforcement agency that issued the

citation; the proceeds of each $10 fine distributed to

the circuit clerk and each $10 fine distributed to the

law enforcement agency that issued the citation for

the violation shall be used to defer the cost of

automatic expungements under paragraph (2.5) of

subsection (a) of Section 5.2 of the Criminal

Identification Act;

(2) $15 to the county to fund drug addiction

services;

(3) $10 to the Office of the State's Attorneys

Appellate Prosecutor for use in training programs;

(4) $10 to the State's Attorney; and

(5) any remainder of the fine to the law

enforcement agency that issued the citation for the

violation.

With respect to funds designated for the Illinois

Department of State Police, the moneys shall be remitted

by the circuit court clerk to the Illinois Department of

State Police within one month after receipt for deposit

into the State Police Operations Assistance Fund. With

respect to funds designated for the Department of Natural

Resources, the Department of Natural Resources shall

deposit the moneys into the Conservation Police Operations

Assistance Fund.

(b) More than 5, but not more than 20 plants, is guilty

of a Class 4 felony.

(c) More than 20, but not more than 50 plants, is

guilty of a Class 3 felony.

(d) More than 50, but not more than 200 plants, is

guilty of a Class 2 felony for which a fine not to exceed

$100,000 may be imposed and for which liability for the

cost of conducting the investigation and eradicating such

plants may be assessed. Compensation for expenses incurred

in the enforcement of this provision shall be transmitted

to and deposited in the treasurer's office at the level of

government represented by the Illinois law enforcement

agency whose officers or employees conducted the

investigation or caused the arrest or arrests leading to

the prosecution, to be subsequently made available to that

law enforcement agency as expendable receipts for use in

the enforcement of laws regulating controlled substances

and cannabis. If such seizure was made by a combination of

law enforcement personnel representing different levels of

government, the court levying the assessment shall

determine the allocation of such assessment. The proceeds

of assessment awarded to the State treasury shall be

deposited in a special fund known as the Drug Traffic

Prevention Fund.

(e) More than 200 plants is guilty of a Class 1 felony

for which a fine not to exceed $100,000 may be imposed and

for which liability for the cost of conducting the

investigation and eradicating such plants may be assessed.

Compensation for expenses incurred in the enforcement of

this provision shall be transmitted to and deposited in

the treasurer's office at the level of government

represented by the Illinois law enforcement agency whose

officers or employees conducted the investigation or

caused the arrest or arrests leading to the prosecution,

to be subsequently made available to that law enforcement

agency as expendable receipts for use in the enforcement

of laws regulating controlled substances and cannabis. If

such seizure was made by a combination of law enforcement

personnel representing different levels of government, the

court levying the assessment shall determine the

allocation of such assessment. The proceeds of assessment

awarded to the State treasury shall be deposited in a

special fund known as the Drug Traffic Prevention Fund.

(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)

(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)

Sec. 10.2. (a) Twelve and one-half percent of all amounts

collected as fines pursuant to the provisions of this Act

shall be paid into the Youth Drug Abuse Prevention Fund, which

is hereby created in the State treasury, to be used by the

Department of Human Services for the funding of programs and

services for drug-abuse treatment, and prevention and

education services, for juveniles.

(b) Eighty-seven and one-half percent of the proceeds of

all fines received under the provisions of this Act shall be

transmitted to and deposited in the treasurer's office at the

level of government as follows:

(1) If such seizure was made by a combination of law

enforcement personnel representing differing units of

local government, the court levying the fine shall

equitably allocate 50% of the fine among these units of

local government and shall allocate 37 1/2% to the county

general corporate fund. In the event that the seizure was

made by law enforcement personnel representing a unit of

local government from a municipality where the number of

inhabitants exceeds 2 million in population, the court

levying the fine shall allocate 87 1/2% of the fine to that

unit of local government. If the seizure was made by a

combination of law enforcement personnel representing

differing units of local government, and at least one of

those units represents a municipality where the number of

inhabitants exceeds 2 million in population, the court

shall equitably allocate 87 1/2% of the proceeds of the

fines received among the differing units of local

government.

(2) If such seizure was made by State law enforcement

personnel, then the court shall allocate 37 1/2% to the

State treasury and 50% to the county general corporate

fund.

(3) If a State law enforcement agency in combination

with a law enforcement agency or agencies of a unit or

units of local government conducted the seizure, the court

shall equitably allocate 37 1/2% of the fines to or among

the law enforcement agency or agencies of the unit or

units of local government which conducted the seizure and

shall allocate 50% to the county general corporate fund.

(c) The proceeds of all fines allocated to the law

enforcement agency or agencies of the unit or units of local

government pursuant to subsection (b) shall be made available

to that law enforcement agency as expendable receipts for use

in the enforcement of laws regulating controlled substances

and cannabis. The proceeds of fines awarded to the State

treasury shall be deposited in a special fund known as the Drug

Traffic Prevention Fund, except that amounts distributed to

the Secretary of State shall be deposited into the Secretary

of State Evidence Fund to be used as provided in Section 2-115

of the Illinois Vehicle Code. Monies from this fund may be used

by the Illinois Department of State Police for use in the

enforcement of laws regulating controlled substances and

cannabis; to satisfy funding provisions of the

Intergovernmental Drug Laws Enforcement Act; to defray costs

and expenses associated with returning violators of this Act,

the Illinois Controlled Substances Act, and the

Methamphetamine Control and Community Protection Act only, as

provided in such Acts, when punishment of the crime shall be

confinement of the criminal in the penitentiary; and all other

monies shall be paid into the general revenue fund in the State

treasury.

(Source: P.A. 94-556, eff. 9-11-05.)

(720 ILCS 550/11) (from Ch. 56 1/2, par. 711)

Sec. 11. (a) The Department, with the written approval of

the Illinois Department of State Police, may authorize the

possession, production, manufacture and delivery of substances

containing cannabis by persons engaged in research and when

such authorization is requested by a physician licensed to

practice medicine in all its branches, such authorization

shall issue without unnecessary delay where the Department

finds that such physician licensed to practice medicine in all

its branches has certified that such possession, production,

manufacture or delivery of such substance is necessary for the

treatment of glaucoma, the side effects of chemotherapy or

radiation therapy in cancer patients or such other procedure

certified to be medically necessary; such authorization shall

be, upon such terms and conditions as may be consistent with

the public health and safety. To the extent of the applicable

authorization, persons are exempt from prosecution in this

State for possession, production, manufacture or delivery of

cannabis.

(b) Persons registered under Federal law to conduct

research with cannabis may conduct research with cannabis

including, but not limited to treatment by a physician

licensed to practice medicine in all its branches for

glaucoma, the side effects of chemotherapy or radiation

therapy in cancer patients or such other procedure which is

medically necessary within this State upon furnishing evidence

of that Federal registration and notification of the scope and

purpose of such research to the Department and to the Illinois

Department of State Police of that Federal registration.

(c) Persons authorized to engage in research may be

authorized by the Department to protect the privacy of

individuals who are the subjects of such research by

withholding from all persons not connected with the conduct of

the research the names and other identifying characteristics

of such individuals. Persons who are given this authorization

shall not be compelled in any civil, criminal, administrative,

legislative or other proceeding to identify the individuals

who are the subjects of research for which the authorization

was granted, except to the extent necessary to permit the

Department to determine whether the research is being

conducted in accordance with the authorization.

(Source: P.A. 84-25.)

(720 ILCS 550/15.2)

Sec. 15.2. Industrial hemp pilot program.

(a) Pursuant to Section 7606 of the federal Agricultural

Act of 2014, an institution of higher education or the

Department of Agriculture may grow or cultivate industrial

hemp if:

(1) the industrial hemp is grown or cultivated for

purposes of research conducted under an agricultural pilot

program or other agricultural or academic research;

(2) the pilot program studies the growth, cultivation,

or marketing of industrial hemp; and

(3) any site used for the growing or cultivating of

industrial hemp is certified by, and registered with, the

Department of Agriculture.

(b) Before conducting industrial hemp research, an

institution of higher education shall notify the Department of

Agriculture and any local law enforcement agency in writing.

(c) The institution of higher education shall provide

quarterly reports and an annual report to the Department of

Agriculture on the research and the research program shall be

subject to random inspection by the Department of Agriculture,

the Illinois Department of State Police, or local law

enforcement agencies. The institution of higher education

shall submit the annual report to the Department of

Agriculture on or before October 1.

(d) The Department of Agriculture may adopt rules to

implement this Section. In order to provide for the

expeditious and timely implementation of this Section, upon

notification by an institution of higher education that the

institution wishes to engage in the growth or cultivation of

industrial hemp for agricultural research purposes, the

Department of Agriculture may adopt emergency rules under

Section 5-45 of the Illinois Administrative Procedure Act to

implement the provisions of this Section. If changes to the

rules are required to comply with federal rules, the

Department of Agriculture may adopt peremptory rules as

necessary to comply with changes to corresponding federal

rules. All other rules that the Department of Agriculture

deems necessary to adopt in connection with this Section must

proceed through the ordinary rule-making process. The adoption

of emergency rules authorized by this Section shall be deemed

to be necessary for the public interest, safety, and welfare.

The Department of Agriculture may determine, by rule, the

duration of an institution of higher education's pilot program

or industrial hemp research. If the institution of higher

education has not completed its program within the timeframe

established by rule, then the Department of Agriculture may

grant an extension to the pilot program if unanticipated

circumstances arose that impacted the program.

(e) As used in this Section:

"Industrial hemp" means cannabis sativa L. having no more

than 0.3% total THC available, upon heating, or maximum

delta-9 tetrahydrocannabinol content possible.

"Institution of higher education" means a State

institution of higher education that offers a 4-year degree in

agricultural science.

(Source: P.A. 98-1072, eff. 1-1-15; 99-78, eff. 7-20-15.)

(720 ILCS 550/16.2)

Sec. 16.2. Preservation of cannabis or cannabis sativa

plants for laboratory testing.

(a) Before or after the trial in a prosecution for a

violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law

enforcement agency or an agent acting on behalf of the law

enforcement agency must preserve, subject to a continuous

chain of custody, not less than 6,001 grams of any substance

containing cannabis and not less than 51 cannabis sativa

plants with respect to the offenses enumerated in this

subsection (a) and must maintain sufficient documentation to

locate that evidence. Excess quantities with respect to the

offenses enumerated in this subsection (a) cannot practicably

be retained by a law enforcement agency because of its size,

bulk, and physical character.

(b) The court may before trial transfer excess quantities

of any substance containing cannabis or cannabis sativa plants

with respect to a prosecution for any offense enumerated in

subsection (a) to the sheriff of the county, or may in its

discretion transfer such evidence to the Illinois Department

of State Police, for destruction after notice is given to the

defendant's attorney of record or to the defendant if the

defendant is proceeding pro se.

(c) After a judgment of conviction is entered and the

charged quantity is no longer needed for evidentiary purposes

with respect to a prosecution for any offense enumerated in

subsection (a), the court may transfer any substance

containing cannabis or cannabis sativa plants to the sheriff

of the county, or may in its discretion transfer such evidence

to the Illinois Department of State Police, for destruction

after notice is given to the defendant's attorney of record or

to the defendant if the defendant is proceeding pro se. No

evidence shall be disposed of until 30 days after the judgment

is entered, and if a notice of appeal is filed, no evidence

shall be disposed of until the mandate has been received by the

circuit court from the Appellate Court.

(Source: P.A. 94-180, eff. 7-12-05.)

(720 ILCS 550/17) (from Ch. 56 1/2, par. 717)

Sec. 17. It is hereby made the duty of the Illinois

Department of State Police, all peace officers within the

State and of all State's attorneys, to enforce all provisions

of this Act and to cooperate with all agencies charged with the

enforcement of the laws of the United States, of this State,

and of all other states, relating to cannabis.

(Source: P.A. 84-25.)

Section 990. The Illinois Controlled Substances Act is

amended by changing Section 102 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Addict" means any person who habitually uses any

drug, chemical, substance or dangerous drug other than alcohol

so as to endanger the public morals, health, safety or welfare

or who is so far addicted to the use of a dangerous drug or

controlled substance other than alcohol as to have lost the

power of self control with reference to his or her addiction.

(b) "Administer" means the direct application of a

controlled substance, whether by injection, inhalation,

ingestion, or any other means, to the body of a patient,

research subject, or animal (as defined by the Humane

Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his or her presence, by his

or her authorized agent),

(2) the patient or research subject pursuant to an

order, or

(3) a euthanasia technician as defined by the Humane

Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf

of or at the direction of a manufacturer, distributor,

dispenser, prescriber, or practitioner. It does not include a

common or contract carrier, public warehouseman or employee of

the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal

substance, chemically and pharmacologically related to

testosterone (other than estrogens, progestins,

corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

(iii) 5[alpha]-androstan-3,17-dione,

(iv) 1-androstenediol (3[beta],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(v) 1-androstenediol (3[alpha],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(vi) 4-androstenediol

(3[beta],17[beta]-dihydroxy-androst-4-ene),

(vii) 5-androstenediol

(3[beta],17[beta]-dihydroxy-androst-5-ene),

(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),

(ix) 4-androstenedione

(androst-4-en-3,17-dione),

(x) 5-androstenedione

(androst-5-en-3,17-dione),

(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xii) boldenone (17[beta]-hydroxyandrost-

1,4,-diene-3-one),

(xiii) boldione (androsta-1,4-

diene-3,17-dione),

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17

[beta]-hydroxyandrost-4-en-3-one),

(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-

17[beta]-hydroxy-17[alpha]-methyl-

androst-1,4-dien-3-one),

(xvii) desoxymethyltestosterone

(17[alpha]-methyl-5[alpha]

-androst-2-en-17[beta]-ol)(a.k.a., madol),

(xviii) [delta]1-dihydrotestosterone (a.k.a.

'1-testosterone') (17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-

androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

5[alpha]-androstan-3-one),

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-ene),

(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

17[beta]-dihydroxyandrost-1,4-dien-3-one),

(xxiv) furazabol (17[alpha]-methyl-17[beta]-

hydroxyandrostano[2,3-c]-furazan),

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

androst-4-en-3-one),

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-

hydroxy-5-androstan-3-one),

(xxix) mesterolone (1amethyl-17[beta]-hydroxy-

[5a]-androstan-3-one),

(xxx) methandienone (17[alpha]-methyl-17[beta]-

hydroxyandrost-1,4-dien-3-one),

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-5-ene),

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane,

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

-5a-androstane,

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-4-ene),

(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9(10)-dien-3-one),

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9-11-trien-3-one),

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

1-testosterone'),

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

dihydroxyestr-4-ene),

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-4-ene),

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-5-ene),

(xlvii) 19-nor-4,9(10)-androstadienedione

(estra-4,9(10)-diene-3,17-dione),

(xlviii) 19-nor-4-androstenedione (estr-4-

en-3,17-dione),

(xlix) 19-nor-5-androstenedione (estr-5-

en-3,17-dione),

(l) norbolethone (13[beta], 17a-diethyl-17[beta]-

hydroxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]-

hydroxyestr-4-en-3-one),

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),

(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

2-oxa-5[alpha]-androstan-3-one),

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

dihydroxyandrost-4-en-3-one),

(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

17[beta]-hydroxy-(5[alpha]-androstan-3-one),

(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

(5[alpha]-androst-2-eno[3,2-c]-pyrazole),

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-

(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-

secoandrosta-1,4-dien-17-oic

acid lactone),

(lx) testosterone (17[beta]-hydroxyandrost-

4-en-3-one),

(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

diethyl-17[beta]-hydroxygon-

4,9,11-trien-3-one),

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11-trien-3-one).

Any person who is otherwise lawfully in possession of an

anabolic steroid, or who otherwise lawfully manufactures,

distributes, dispenses, delivers, or possesses with intent to

deliver an anabolic steroid, which anabolic steroid is

expressly intended for and lawfully allowed to be administered

through implants to livestock or other nonhuman species, and

which is approved by the Secretary of Health and Human

Services for such administration, and which the person intends

to administer or have administered through such implants,

shall not be considered to be in unauthorized possession or to

unlawfully manufacture, distribute, dispense, deliver, or

possess with intent to deliver such anabolic steroid for

purposes of this Act.

(d) "Administration" means the Drug Enforcement

Administration, United States Department of Justice, or its

successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program"

means a Department of Human Services administrative employee

licensed to either prescribe or dispense controlled substances

who shall run the clinical aspects of the Department of Human

Services Prescription Monitoring Program and its Prescription

Information Library.

(d-10) "Compounding" means the preparation and mixing of

components, excluding flavorings, (1) as the result of a

prescriber's prescription drug order or initiative based on

the prescriber-patient-pharmacist relationship in the course

of professional practice or (2) for the purpose of, or

incident to, research, teaching, or chemical analysis and not

for sale or dispensing. "Compounding" includes the preparation

of drugs or devices in anticipation of receiving prescription

drug orders based on routine, regularly observed dispensing

patterns. Commercially available products may be compounded

for dispensing to individual patients only if both of the

following conditions are met: (i) the commercial product is

not reasonably available from normal distribution channels in

a timely manner to meet the patient's needs and (ii) the

prescribing practitioner has requested that the drug be

compounded.

(e) "Control" means to add a drug or other substance, or

immediate precursor, to a Schedule whether by transfer from

another Schedule or otherwise.

(f) "Controlled Substance" means (i) a drug, substance,

immediate precursor, or synthetic drug in the Schedules of

Article II of this Act or (ii) a drug or other substance, or

immediate precursor, designated as a controlled substance by

the Department through administrative rule. The term does not

include distilled spirits, wine, malt beverages, or tobacco,

as those terms are defined or used in the Liquor Control Act of

1934 and the Tobacco Products Tax Act of 1995.

(f-5) "Controlled substance analog" means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled

substance in Schedule I or II;

(2) which has a stimulant, depressant, or

hallucinogenic effect on the central nervous system that

is substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central

nervous system of a controlled substance in Schedule I or

II; or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect on the central

nervous system that is substantially similar to or greater

than the stimulant, depressant, or hallucinogenic effect

on the central nervous system of a controlled substance in

Schedule I or II.

(g) "Counterfeit substance" means a controlled substance,

which, or the container or labeling of which, without

authorization bears the trademark, trade name, or other

identifying mark, imprint, number or device, or any likeness

thereof, of a manufacturer, distributor, or dispenser other

than the person who in fact manufactured, distributed, or

dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive

or attempted transfer of possession of a controlled substance,

with or without consideration, whether or not there is an

agency relationship.

(i) "Department" means the Illinois Department of Human

Services (as successor to the Department of Alcoholism and

Substance Abuse) or its successor agency.

(j) (Blank).

(k) "Department of Corrections" means the Department of

Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation"

means the Department of Financial and Professional Regulation

of the State of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall

depression of central nervous system functions, (ii) causes

impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to alcohol, cannabis and its active principles

and their analogs, benzodiazepines and their analogs,

barbiturates and their analogs, opioids (natural and

synthetic) and their analogs, and chloral hydrate and similar

sedative hypnotics.

(n) (Blank).

(o) "Director" means the Director of the Illinois State

Police or his or her designated agents.

(p) "Dispense" means to deliver a controlled substance to

an ultimate user or research subject by or pursuant to the

lawful order of a prescriber, including the prescribing,

administering, packaging, labeling, or compounding necessary

to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by

administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the

official United States Pharmacopoeia, Official Homeopathic

Pharmacopoeia of the United States, or official National

Formulary, or any supplement to any of them; (2) substances

intended for use in diagnosis, cure, mitigation, treatment, or

prevention of disease in man or animals; (3) substances (other

than food) intended to affect the structure of any function of

the body of man or animals and (4) substances intended for use

as a component of any article specified in clause (1), (2), or

(3) of this subsection. It does not include devices or their

components, parts, or accessories.

(t-3) "Electronic health record" or "EHR" means an

electronic record of health-related information on an

individual that is created, gathered, managed, and consulted

by authorized health care clinicians and staff.

(t-4) "Emergency medical services personnel" has the

meaning ascribed to it in the Emergency Medical Services (EMS)

Systems Act.

(t-5) "Euthanasia agency" means an entity certified by the

Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control

facility license or animal shelter license under the Animal

Welfare Act. A euthanasia agency is authorized to purchase,

store, possess, and utilize Schedule II nonnarcotic and

Schedule III nonnarcotic drugs for the sole purpose of animal

euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule

III substances (nonnarcotic controlled substances) that are

used by a euthanasia agency for the purpose of animal

euthanasia.

(u) "Good faith" means the prescribing or dispensing of a

controlled substance by a practitioner in the regular course

of professional treatment to or for any person who is under his

or her treatment for a pathology or condition other than that

individual's physical or psychological dependence upon or

addiction to a controlled substance, except as provided

herein: and application of the term to a pharmacist shall mean

the dispensing of a controlled substance pursuant to the

prescriber's order which in the professional judgment of the

pharmacist is lawful. The pharmacist shall be guided by

accepted professional standards including, but not limited to

the following, in making the judgment:

(1) lack of consistency of prescriber-patient

relationship,

(2) frequency of prescriptions for same drug by one

prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be

clinical circumstances where more or less than the usual

dose may be used legitimately),

(5) unusual geographic distances between patient,

pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-0.5) "Hallucinogen" means a drug that causes markedly

altered sensory perception leading to hallucinations of any

type.

(u-1) "Home infusion services" means services provided by

a pharmacy in compounding solutions for direct administration

to a patient in a private residence, long-term care facility,

or hospice setting by means of parenteral, intravenous,

intramuscular, subcutaneous, or intraspinal infusion.

(u-5) "Illinois State Police" means the Illinois State

Police of the State of Illinois, or its successor agency.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule

designated as being a principal compound used, or produced

primarily for use, in the manufacture of a controlled

substance;

(2) which is an immediate chemical intermediary used

or likely to be used in the manufacture of such controlled

substance; and

(3) the control of which is necessary to prevent,

curtail or limit the manufacture of such controlled

substance.

(w) "Instructional activities" means the acts of teaching,

educating or instructing by practitioners using controlled

substances within educational facilities approved by the State

Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State,

County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a

controlled substance which (1) by overall dosage unit

appearance, including shape, color, size, markings or lack

thereof, taste, consistency, or any other identifying physical

characteristic of the substance, would lead a reasonable

person to believe that the substance is a controlled

substance, or (2) is expressly or impliedly represented to be

a controlled substance or is distributed under circumstances

which would lead a reasonable person to believe that the

substance is a controlled substance. For the purpose of

determining whether the representations made or the

circumstances of the distribution would lead a reasonable

person to believe the substance to be a controlled substance

under this clause (2) of subsection (y), the court or other

authority may consider the following factors in addition to

any other factor that may be relevant:

(a) statements made by the owner or person in control

of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the

substance may be resold for profit;

(c) whether the substance is packaged in a manner

normally used for the illegal distribution of controlled

substances;

(d) whether the distribution or attempted distribution

included an exchange of or demand for money or other

property as consideration, and whether the amount of the

consideration was substantially greater than the

reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a

noncontrolled substance in its finished dosage form that was

initially introduced into commerce prior to the initial

introduction into commerce of a controlled substance in its

finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or

distributing of noncontrolled substances by persons authorized

to dispense and distribute controlled substances under this

Act, provided that such action would be deemed to be carried

out in good faith under subsection (u) if the substances

involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits

the manufacture, preparation, propagation, compounding,

processing, packaging, advertising or distribution of a drug

or drugs by any person registered pursuant to Section 510 of

the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is

located in a state of the United States that delivers,

dispenses or distributes, through the United States Postal

Service or other common carrier, to Illinois residents, any

substance which requires a prescription.

(z) "Manufacture" means the production, preparation,

propagation, compounding, conversion or processing of a

controlled substance other than methamphetamine, either

directly or indirectly, by extraction from substances of

natural origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the

substance or labeling of its container, except that this term

does not include:

(1) by an ultimate user, the preparation or

compounding of a controlled substance for his or her own

use; or

(2) by a practitioner, or his or her authorized agent

under his or her supervision, the preparation,

compounding, packaging, or labeling of a controlled

substance:

(a) as an incident to his or her administering or

dispensing of a controlled substance in the course of

his or her professional practice; or

(b) as an incident to lawful research, teaching or

chemical analysis and not for sale.

(z-1) (Blank).

(z-5) "Medication shopping" means the conduct prohibited

under subsection (a) of Section 314.5 of this Act.

(z-10) "Mid-level practitioner" means (i) a physician

assistant who has been delegated authority to prescribe

through a written delegation of authority by a physician

licensed to practice medicine in all of its branches, in

accordance with Section 7.5 of the Physician Assistant

Practice Act of 1987, (ii) an advanced practice registered

nurse who has been delegated authority to prescribe through a

written delegation of authority by a physician licensed to

practice medicine in all of its branches or by a podiatric

physician, in accordance with Section 65-40 of the Nurse

Practice Act, (iii) an advanced practice registered nurse

certified as a nurse practitioner, nurse midwife, or clinical

nurse specialist who has been granted authority to prescribe

by a hospital affiliate in accordance with Section 65-45 of

the Nurse Practice Act, (iv) an animal euthanasia agency, or

(v) a prescribing psychologist.

(aa) "Narcotic drug" means any of the following, whether

produced directly or indirectly by extraction from substances

of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis:

(1) opium, opiates, derivatives of opium and opiates,

including their isomers, esters, ethers, salts, and salts

of isomers, esters, and ethers, whenever the existence of

such isomers, esters, ethers, and salts is possible within

the specific chemical designation; however the term

"narcotic drug" does not include the isoquinoline

alkaloids of opium;

(2) (blank);

(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of

coca leaves from which substantially all of the cocaine

and ecgonine, and their isomers, derivatives and salts,

have been removed;

(5) cocaine, its salts, optical and geometric isomers,

and salts of isomers;

(6) ecgonine, its derivatives, their salts, isomers,

and salts of isomers;

(7) any compound, mixture, or preparation which

contains any quantity of any of the substances referred to

in subparagraphs (1) through (6).

(bb) "Nurse" means a registered nurse licensed under the

Nurse Practice Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction

forming or addiction sustaining liability similar to morphine

or being capable of conversion into a drug having addiction

forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver

somniferum L., except its seeds.

(ee-5) "Oral dosage" means a tablet, capsule, elixir, or

solution or other liquid form of medication intended for

administration by mouth, but the term does not include a form

of medication intended for buccal, sublingual, or transmucosal

administration.

(ff) "Parole and Pardon Board" means the Parole and Pardon

Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation,

mail-order pharmacy, government or governmental subdivision or

agency, business trust, estate, trust, partnership or

association, or any other entity.

(hh) "Pharmacist" means any person who holds a license or

certificate of registration as a registered pharmacist, a

local registered pharmacist or a registered assistant

pharmacist under the Pharmacy Practice Act.

(ii) "Pharmacy" means any store, ship or other place in

which pharmacy is authorized to be practiced under the

Pharmacy Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohibited

under subsection (b) of Section 314.5 of this Act.

(ii-10) "Physician" (except when the context otherwise

requires) means a person licensed to practice medicine in all

of its branches.

(jj) "Poppy straw" means all parts, except the seeds, of

the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice

medicine in all its branches, dentist, optometrist, podiatric

physician, veterinarian, scientific investigator, pharmacist,

physician assistant, advanced practice registered nurse,

licensed practical nurse, registered nurse, emergency medical

services personnel, hospital, laboratory, or pharmacy, or

other person licensed, registered, or otherwise lawfully

permitted by the United States or this State to distribute,

dispense, conduct research with respect to, administer or use

in teaching or chemical analysis, a controlled substance in

the course of professional practice or research.

(ll) "Pre-printed prescription" means a written

prescription upon which the designated drug has been indicated

prior to the time of issuance; the term does not mean a written

prescription that is individually generated by machine or

computer in the prescriber's office.

(mm) "Prescriber" means a physician licensed to practice

medicine in all its branches, dentist, optometrist,

prescribing psychologist licensed under Section 4.2 of the

Clinical Psychologist Licensing Act with prescriptive

authority delegated under Section 4.3 of the Clinical

Psychologist Licensing Act, podiatric physician, or

veterinarian who issues a prescription, a physician assistant

who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written collaborative agreement required under Section 7.5 of

the Physician Assistant Practice Act of 1987, an advanced

practice registered nurse with prescriptive authority

delegated under Section 65-40 of the Nurse Practice Act and in

accordance with Section 303.05, a written delegation, and a

written collaborative agreement under Section 65-35 of the

Nurse Practice Act, an advanced practice registered nurse

certified as a nurse practitioner, nurse midwife, or clinical

nurse specialist who has been granted authority to prescribe

by a hospital affiliate in accordance with Section 65-45 of

the Nurse Practice Act and in accordance with Section 303.05,

or an advanced practice registered nurse certified as a nurse

practitioner, nurse midwife, or clinical nurse specialist who

has full practice authority pursuant to Section 65-43 of the

Nurse Practice Act.

(nn) "Prescription" means a written, facsimile, or oral

order, or an electronic order that complies with applicable

federal requirements, of a physician licensed to practice

medicine in all its branches, dentist, podiatric physician or

veterinarian for any controlled substance, of an optometrist

in accordance with Section 15.1 of the Illinois Optometric

Practice Act of 1987, of a prescribing psychologist licensed

under Section 4.2 of the Clinical Psychologist Licensing Act

with prescriptive authority delegated under Section 4.3 of the

Clinical Psychologist Licensing Act, of a physician assistant

for a controlled substance in accordance with Section 303.05,

a written delegation, and a written collaborative agreement

required under Section 7.5 of the Physician Assistant Practice

Act of 1987, of an advanced practice registered nurse with

prescriptive authority delegated under Section 65-40 of the

Nurse Practice Act who issues a prescription for a controlled

substance in accordance with Section 303.05, a written

delegation, and a written collaborative agreement under

Section 65-35 of the Nurse Practice Act, of an advanced

practice registered nurse certified as a nurse practitioner,

nurse midwife, or clinical nurse specialist who has been

granted authority to prescribe by a hospital affiliate in

accordance with Section 65-45 of the Nurse Practice Act and in

accordance with Section 303.05 when required by law, or of an

advanced practice registered nurse certified as a nurse

practitioner, nurse midwife, or clinical nurse specialist who

has full practice authority pursuant to Section 65-43 of the

Nurse Practice Act.

(nn-5) "Prescription Information Library" (PIL) means an

electronic library that contains reported controlled substance

data.

(nn-10) "Prescription Monitoring Program" (PMP) means the

entity that collects, tracks, and stores reported data on

controlled substances and select drugs pursuant to Section

316.

(oo) "Production" or "produce" means manufacture,

planting, cultivating, growing, or harvesting of a controlled

substance other than methamphetamine.

(pp) "Registrant" means every person who is required to

register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each

person authorized to handle controlled substances under the

laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either

the Secretary of the Department or the Secretary of the

Department of Financial and Professional Regulation, and the

Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state,

district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United

States of America.

(rr-5) "Stimulant" means any drug that (i) causes an

overall excitation of central nervous system functions, (ii)

causes impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to amphetamines and their analogs,

methylphenidate and its analogs, cocaine, and phencyclidine

and its analogs.

(rr-10) "Synthetic drug" includes, but is not limited to,

any synthetic cannabinoids or piperazines or any synthetic

cathinones as provided for in Schedule I.

(ss) "Ultimate user" means a person who lawfully possesses

a controlled substance for his or her own use or for the use of

a member of his or her household or for administering to an

animal owned by him or her or by a member of his or her

household.

(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;

99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff.

7-28-16; 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513,

eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)

Section 1000. The Methamphetamine Control and Community

Protection Act is amended by changing Sections 10, 90, and 95

as follows:

(720 ILCS 646/10)

Sec. 10. Definitions. As used in this Act:

"Anhydrous ammonia" has the meaning provided in subsection

(d) of Section 3 of the Illinois Fertilizer Act of 1961.

"Anhydrous ammonia equipment" means all items used to

store, hold, contain, handle, transfer, transport, or apply

anhydrous ammonia for lawful purposes.

"Booby trap" means any device designed to cause physical

injury when triggered by an act of a person approaching,

entering, or moving through a structure, a vehicle, or any

location where methamphetamine has been manufactured, is being

manufactured, or is intended to be manufactured.

"Deliver" or "delivery" has the meaning provided in

subsection (h) of Section 102 of the Illinois Controlled

Substances Act.

"Director" means the Director of the Illinois State Police

or the Director's designated agents.

"Dispose" or "disposal" means to abandon, discharge,

release, deposit, inject, dump, spill, leak, or place

methamphetamine waste onto or into any land, water, or well of

any type so that the waste has the potential to enter the

environment, be emitted into the air, or be discharged into

the soil or any waters, including groundwater.

"Emergency response" means the act of collecting evidence

from or securing a methamphetamine laboratory site,

methamphetamine waste site or other methamphetamine-related

site and cleaning up the site, whether these actions are

performed by public entities or private contractors paid by

public entities.

"Emergency service provider" means a local, State, or

federal peace officer, firefighter, emergency medical

technician-ambulance, emergency medical

technician-intermediate, emergency medical

technician-paramedic, ambulance driver, or other medical or

first aid personnel rendering aid, or any agent or designee of

the foregoing.

"Finished methamphetamine" means methamphetamine in a form

commonly used for personal consumption.

"Firearm" has the meaning provided in Section 1.1 of the

Firearm Owners Identification Card Act.

"Manufacture" means to produce, prepare, compound,

convert, process, synthesize, concentrate, purify, separate,

extract, or package any methamphetamine, methamphetamine

precursor, methamphetamine manufacturing catalyst,

methamphetamine manufacturing reagent, methamphetamine

manufacturing solvent, or any substance containing any of the

foregoing.

"Methamphetamine" means the chemical methamphetamine (a

Schedule II controlled substance under the Illinois Controlled

Substances Act) or any salt, optical isomer, salt of optical

isomer, or analog thereof, with the exception of

3,4-Methylenedioxymethamphetamine (MDMA) or any other

scheduled substance with a separate listing under the Illinois

Controlled Substances Act.

"Methamphetamine manufacturing catalyst" means any

substance that has been used, is being used, or is intended to

be used to activate, accelerate, extend, or improve a chemical

reaction involved in the manufacture of methamphetamine.

"Methamphetamine manufacturing environment" means a

structure or vehicle in which:

(1) methamphetamine is being or has been manufactured;

(2) chemicals that are being used, have been used, or

are intended to be used to manufacture methamphetamine are

stored;

(3) methamphetamine manufacturing materials that have

been used to manufacture methamphetamine are stored; or

(4) methamphetamine manufacturing waste is stored.

"Methamphetamine manufacturing material" means any

methamphetamine precursor, substance containing any

methamphetamine precursor, methamphetamine manufacturing

catalyst, substance containing any methamphetamine

manufacturing catalyst, methamphetamine manufacturing

reagent, substance containing any methamphetamine

manufacturing reagent, methamphetamine manufacturing solvent,

substance containing any methamphetamine manufacturing

solvent, or any other chemical, substance, ingredient,

equipment, apparatus, or item that is being used, has been

used, or is intended to be used in the manufacture of

methamphetamine.

"Methamphetamine manufacturing reagent" means any

substance other than a methamphetamine manufacturing catalyst

that has been used, is being used, or is intended to be used to

react with and chemically alter any methamphetamine precursor.

"Methamphetamine manufacturing solvent" means any

substance that has been used, is being used, or is intended to

be used as a medium in which any methamphetamine precursor,

methamphetamine manufacturing catalyst, methamphetamine

manufacturing reagent, or any substance containing any of the

foregoing is dissolved, diluted, or washed during any part of

the methamphetamine manufacturing process.

"Methamphetamine manufacturing waste" means any chemical,

substance, ingredient, equipment, apparatus, or item that is

left over from, results from, or is produced by the process of

manufacturing methamphetamine, other than finished

methamphetamine.

"Methamphetamine precursor" means ephedrine,

pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

isomer, or salt of an optical isomer of any of these chemicals.

"Multi-unit dwelling" means a unified structure used or

intended for use as a habitation, home, or residence that

contains 2 or more condominiums, apartments, hotel rooms,

motel rooms, or other living units.

"Package" means an item marked for retail sale that is not

designed to be further broken down or subdivided for the

purpose of retail sale.

"Participate" or "participation" in the manufacture of

methamphetamine means to produce, prepare, compound, convert,

process, synthesize, concentrate, purify, separate, extract,

or package any methamphetamine, methamphetamine precursor,

methamphetamine manufacturing catalyst, methamphetamine

manufacturing reagent, methamphetamine manufacturing solvent,

or any substance containing any of the foregoing, or to assist

in any of these actions, or to attempt to take any of these

actions, regardless of whether this action or these actions

result in the production of finished methamphetamine.

"Person with a disability" means a person who suffers from

a permanent physical or mental impairment resulting from

disease, injury, functional disorder, or congenital condition

which renders the person incapable of adequately providing for

his or her own health and personal care.

"Procure" means to purchase, steal, gather, or otherwise

obtain, by legal or illegal means, or to cause another to take

such action.

"Second or subsequent offense" means an offense under this

Act committed by an offender who previously committed an

offense under this Act, the Illinois Controlled Substances

Act, the Cannabis Control Act, or another Act of this State,

another state, or the United States relating to

methamphetamine, cannabis, or any other controlled substance.

"Standard dosage form", as used in relation to any

methamphetamine precursor, means that the methamphetamine

precursor is contained in a pill, tablet, capsule, caplet, gel

cap, or liquid cap that has been manufactured by a lawful

entity and contains a standard quantity of methamphetamine

precursor.

"Unauthorized container", as used in relation to anhydrous

ammonia, means any container that is not designed for the

specific and sole purpose of holding, storing, transporting,

or applying anhydrous ammonia. "Unauthorized container"

includes, but is not limited to, any propane tank, fire

extinguisher, oxygen cylinder, gasoline can, food or beverage

cooler, or compressed gas cylinder used in dispensing fountain

drinks. "Unauthorized container" does not encompass anhydrous

ammonia manufacturing plants, refrigeration systems where

anhydrous ammonia is used solely as a refrigerant, anhydrous

ammonia transportation pipelines, anhydrous ammonia tankers,

or anhydrous ammonia barges.

(Source: P.A. 97-434, eff. 1-1-12.)

(720 ILCS 646/90)

Sec. 90. Methamphetamine restitution.

(a) If a person commits a violation of this Act in a manner

that requires an emergency response, the person shall be

required to make restitution to all public entities involved

in the emergency response, to cover the reasonable cost of

their participation in the emergency response, including but

not limited to regular and overtime costs incurred by local

law enforcement agencies and private contractors paid by the

public agencies in securing the site. The convicted person

shall make this restitution in addition to any other fine or

penalty required by law.

(b) Any restitution payments made under this Section shall

be disbursed equitably by the circuit clerk in the following

order:

(1) first, to the agency responsible for the

mitigation of the incident;

(2) second, to the local agencies involved in the

emergency response;

(3) third, to the State agencies involved in the

emergency response; and

(4) fourth, to the federal agencies involved in the

emergency response.

(c) In addition to any other penalties and liabilities, a

person who is convicted of violating any Section of this Act,

whose violation proximately caused any incident resulting in

an appropriate emergency response, shall be assessed a fine of

$2,500, payable to the circuit clerk, who shall distribute the

money to the law enforcement agency responsible for the

mitigation of the incident. If the person has been previously

convicted of violating any Section of this Act, the fine shall

be $5,000 and the circuit clerk shall distribute the money to

the law enforcement agency responsible for the mitigation of

the incident. In the event that more than one agency is

responsible for an arrest which does not require mitigation,

the amount payable to law enforcement agencies shall be shared

equally. Any moneys received by a law enforcement agency under

this Section shall be used for law enforcement expenses.

Any moneys collected for the Illinois State Police shall

be remitted to the State Treasurer and deposited into the

State Police Operations Assistance Fund.

(Source: P.A. 100-987, eff. 7-1-19.)

(720 ILCS 646/95)

Sec. 95. Youth Drug Abuse Prevention Fund.

(a) Twelve and one-half percent of all amounts collected

as fines pursuant to the provisions of this Article shall be

paid into the Youth Drug Abuse Prevention Fund created by the

Controlled Substances Act in the State treasury, to be used by

the Department for the funding of programs and services for

drug-abuse treatment, and prevention and education services,

for juveniles.

(b) Eighty-seven and one-half percent of the proceeds of

all fines received under the provisions of this Act shall be

transmitted to and deposited into the State treasury and

distributed as follows:

(1) If such seizure was made by a combination of law

enforcement personnel representing differing units of

local government, the court levying the fine shall

equitably allocate 50% of the fine among these units of

local government and shall allocate 37.5% to the county

general corporate fund. If the seizure was made by law

enforcement personnel representing a unit of local

government from a municipality where the number of

inhabitants exceeds 2 million in population, the court

levying the fine shall allocate 87.5% of the fine to that

unit of local government. If the seizure was made by a

combination of law enforcement personnel representing

differing units of local government and if at least one of

those units represents a municipality where the number of

inhabitants exceeds 2 million in population, the court

shall equitably allocate 87.5% of the proceeds of the

fines received among the differing units of local

government.

(2) If such seizure was made by State law enforcement

personnel, then the court shall allocate 37.5% to the

State treasury and 50% to the county general corporate

fund.

(3) If a State law enforcement agency in combination

with any law enforcement agency or agencies of a unit or

units of local government conducted the seizure, the court

shall equitably allocate 37.5% of the fines to or among

the law enforcement agency or agencies of the unit or

units of local government that conducted the seizure and

shall allocate 50% to the county general corporate fund.

(c) The proceeds of all fines allocated to the law

enforcement agency or agencies of the unit or units of local

government pursuant to subsection (b) shall be made available

to that law enforcement agency as expendable receipts for use

in the enforcement of laws regulating controlled substances

and cannabis. The proceeds of fines awarded to the State

treasury shall be deposited in a special fund known as the Drug

Traffic Prevention Fund, except that amounts distributed to

the Secretary of State shall be deposited into the Secretary

of State Evidence Fund to be used as provided in Section 2-115

of the Illinois Vehicle Code. Moneys from this Fund may be used

by the Illinois Department of State Police for use in the

enforcement of laws regulating controlled substances and

cannabis; to satisfy funding provisions of the

Intergovernmental Drug Laws Enforcement Act; to defray costs

and expenses associated with returning violators of the

Cannabis Control Act and this Act only, as provided in those

Acts, when punishment of the crime shall be confinement of the

criminal in the penitentiary; and all other moneys shall be

paid into the General Revenue Fund in the State treasury.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 1015. The Prevention of Tobacco Use by Minors and

Sale and Distribution of Tobacco Products Act is amended by

changing Section 1 as follows:

(720 ILCS 675/1) (from Ch. 23, par. 2357)

Sec. 1. Prohibition on sale of tobacco products,

electronic cigarettes, and alternative nicotine products to

persons under 21 years of age; prohibition on the distribution

of tobacco product samples, electronic cigarette samples, and

alternative nicotine product samples to any person; use of

identification cards; vending machines; lunch wagons;

out-of-package sales.

(a) No person under 21 years of age shall buy any tobacco

product, electronic cigarette, or alternative nicotine

product. No person shall sell, buy for, distribute samples of

or furnish any tobacco product, electronic cigarette, or any

alternative nicotine product to any person under 21 years of

age.

(a-5) No person under 16 years of age may sell any tobacco

product, electronic cigarette, or alternative nicotine product

at a retail establishment selling tobacco products, electronic

cigarettes, or alternative nicotine products. This subsection

does not apply to a sales clerk in a family-owned business

which can prove that the sales clerk is in fact a son or

daughter of the owner.

(a-5.1) Before selling, offering for sale, giving, or

furnishing a tobacco product, electronic cigarette, or

alternative nicotine product to another person, the person

selling, offering for sale, giving, or furnishing the tobacco

product, electronic cigarette, or alternative nicotine product

shall verify that the person is at least 21 years of age by:

(1) examining from any person that appears to be under

30 years of age a government-issued photographic

identification that establishes the person to be 21 years

of age or older; or

(2) for sales of tobacco products, electronic

cigarettes, or alternative nicotine products made through

the Internet or other remote sales methods, performing an

age verification through an independent, third party age

verification service that compares information available

from public records to the personal information entered by

the person during the ordering process that establishes

the person is 21 years of age or older.

(a-6) No person under 21 years of age in the furtherance or

facilitation of obtaining any tobacco product, electronic

cigarette, or alternative nicotine product shall display or

use a false or forged identification card or transfer, alter,

or deface an identification card.

(a-7) (Blank).

(a-8) A person shall not distribute without charge samples

of any tobacco product to any other person, regardless of age,

except for smokeless tobacco in an adult-only facility.

This subsection (a-8) does not apply to the distribution

of a tobacco product, electronic cigarette, or alternative

nicotine product sample in any adult-only facility.

(a-9) For the purpose of this Section:

"Adult-only facility" means a facility or restricted

area (whether open-air or enclosed) where the operator

ensures or has a reasonable basis to believe (such as by

checking identification as required under State law, or by

checking the identification of any person appearing to be

under the age of 30) that no person under legal age is

present. A facility or restricted area need not be

permanently restricted to persons under 21 years of age to

constitute an adult-only facility, provided that the

operator ensures or has a reasonable basis to believe that

no person under 21 years of age is present during the event

or time period in question.

"Alternative nicotine product" means a product or

device not consisting of or containing tobacco that

provides for the ingestion into the body of nicotine,

whether by chewing, smoking, absorbing, dissolving,

inhaling, snorting, sniffing, or by any other means.

"Alternative nicotine product" does not include:

cigarettes as defined in Section 1 of the Cigarette Tax

Act and tobacco products as defined in Section 10-5 of the

Tobacco Products Tax Act of 1995; tobacco product and

electronic cigarette as defined in this Section; or any

product approved by the United States Food and Drug

Administration for sale as a tobacco cessation product, as

a tobacco dependence product, or for other medical

purposes, and is being marketed and sold solely for that

approved purpose.

"Electronic cigarette" means:

(1) any device that employs a battery or other

mechanism to heat a solution or substance to produce a

vapor or aerosol intended for inhalation;

(2) any cartridge or container of a solution or

substance intended to be used with or in the device or

to refill the device; or

(3) any solution or substance, whether or not it

contains nicotine intended for use in the device.

"Electronic cigarette" includes, but is not limited

to, any electronic nicotine delivery system, electronic

cigar, electronic cigarillo, electronic pipe, electronic

hookah, vape pen, or similar product or device, and any

components or parts that can be used to build the product

or device. "Electronic cigarette" does not include:

cigarettes as defined in Section 1 of the Cigarette Tax

Act and tobacco products as defined in Section 10-5 of the

Tobacco Products Tax Act of 1995; tobacco product and

alternative nicotine product as defined in this Section;

any product approved by the United States Food and Drug

Administration for sale as a tobacco cessation product, as

a tobacco dependence product, or for other medical

purposes, and is being marketed and sold solely for that

approved purpose; any asthma inhaler prescribed by a

physician for that condition and is being marketed and

sold solely for that approved purpose; or any therapeutic

product approved for use under the Compassionate Use of

Medical Cannabis Pilot Program Act.

"Lunch wagon" means a mobile vehicle designed and

constructed to transport food and from which food is sold

to the general public.

"Nicotine" means any form of the chemical nicotine,

including any salt or complex, regardless of whether the

chemical is naturally or synthetically derived.

"Tobacco product" means any product containing or made

from tobacco that is intended for human consumption,

whether smoked, heated, chewed, absorbed, dissolved,

inhaled, snorted, sniffed, or ingested by any other means,

including, but not limited to, cigarettes, cigars, little

cigars, chewing tobacco, pipe tobacco, snuff, snus, and

any other smokeless tobacco product which contains tobacco

that is finely cut, ground, powdered, or leaf and intended

to be placed in the oral cavity. "Tobacco product"

includes any component, part, or accessory of a tobacco

product, whether or not sold separately. "Tobacco product"

does not include: an electronic cigarette and alternative

nicotine product as defined in this Section; or any

product that has been approved by the United States Food

and Drug Administration for sale as a tobacco cessation

product, as a tobacco dependence product, or for other

medical purposes, and is being marketed and sold solely

for that approved purpose.

(b) Tobacco products, electronic cigarettes, and

alternative nicotine products may be sold through a vending

machine only if such tobacco products, electronic cigarettes,

and alternative nicotine products are not placed together with

any non-tobacco product, other than matches, in the vending

machine and the vending machine is in any of the following

locations:

(1) (Blank).

(2) Places to which persons under 21 years of age are

not permitted access at any time.

(3) Places where alcoholic beverages are sold and

consumed on the premises and vending machine operation is

under the direct supervision of the owner or manager.

(4) (Blank).

(5) (Blank).

(c) (Blank).

(d) The sale or distribution by any person of a tobacco

product as defined in this Section, including but not limited

to a single or loose cigarette, that is not contained within a

sealed container, pack, or package as provided by the

manufacturer, which container, pack, or package bears the

health warning required by federal law, is prohibited.

(e) It is not a violation of this Act for a person under 21

years of age to purchase a tobacco product, electronic

cigarette, or alternative nicotine product if the person under

the age of 21 purchases or is given the tobacco product,

electronic cigarette, or alternative nicotine product in any

of its forms from a retail seller of tobacco products,

electronic cigarettes, or alternative nicotine products or an

employee of the retail seller pursuant to a plan or action to

investigate, patrol, or otherwise conduct a "sting operation"

or enforcement action against a retail seller of tobacco

products, electronic cigarettes, or alternative nicotine

products or a person employed by the retail seller of tobacco

products, electronic cigarettes, or alternative nicotine

products or on any premises authorized to sell tobacco

products, electronic cigarettes, or alternative nicotine

products to determine if tobacco products, electronic

cigarettes, or alternative nicotine products are being sold or

given to persons under 21 years of age if the "sting operation"

or enforcement action is approved by, conducted by, or

conducted on behalf of the Illinois Department of State

Police, the county sheriff, a municipal police department, the

Department of Revenue, the Department of Public Health, or a

local health department. The results of any sting operation or

enforcement action, including the name of the clerk, shall be

provided to the retail seller within 7 business days.

(Source: P.A. 101-2, eff. 7-1-19.)

Section 1020. The Code of Criminal Procedure of 1963 is

amended by changing Sections 104-26, 107-4, 108A-11, 108B-1,

108B-2, 108B-5, 108B-13, 108B-14, 110-7, 112A-11.1, 112A-11.2,

112A-14, 112A-14.7, 112A-17.5, 112A-20, 112A-22, 112A-28,

115-15, 116-3, 116-4, 116-5, 124B-605, 124B-705, 124B-710,

124B-930, and 124B-935 as follows:

(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)

Sec. 104-26. Disposition of Defendants suffering

disabilities.

(a) A defendant convicted following a trial conducted

under the provisions of Section 104-22 shall not be sentenced

before a written presentence report of investigation is

presented to and considered by the court. The presentence

report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and

5-3-4 of the Unified Code of Corrections, as now or hereafter

amended, and shall include a physical and mental examination

unless the court finds that the reports of prior physical and

mental examinations conducted pursuant to this Article are

adequate and recent enough so that additional examinations

would be unnecessary.

(b) A defendant convicted following a trial under Section

104-22 shall not be subject to the death penalty.

(c) A defendant convicted following a trial under Section

104-22 shall be sentenced according to the procedures and

dispositions authorized under the Unified Code of Corrections,

as now or hereafter amended, subject to the following

provisions:

(1) The court shall not impose a sentence of

imprisonment upon the offender if the court believes that

because of his disability a sentence of imprisonment would

not serve the ends of justice and the interests of society

and the offender or that because of his disability a

sentence of imprisonment would subject the offender to

excessive hardship. In addition to any other conditions of

a sentence of conditional discharge or probation the court

may require that the offender undergo treatment

appropriate to his mental or physical condition.

(2) After imposing a sentence of imprisonment upon an

offender who has a mental disability, the court may remand

him to the custody of the Department of Human Services and

order a hearing to be conducted pursuant to the provisions

of the Mental Health and Developmental Disabilities Code,

as now or hereafter amended. If the offender is committed

following such hearing, he shall be treated in the same

manner as any other civilly committed patient for all

purposes except as provided in this Section. If the

defendant is not committed pursuant to such hearing, he

shall be remanded to the sentencing court for disposition

according to the sentence imposed.

(3) If the court imposes a sentence of imprisonment

upon an offender who has a mental disability but does not

proceed under subparagraph (2) of paragraph (c) of this

Section, it shall order the Department of Corrections to

proceed pursuant to Section 3-8-5 of the Unified Code of

Corrections, as now or hereafter amended.

(3.5) If the court imposes a sentence of imprisonment

upon an offender who has a mental disability, the court

shall direct the circuit court clerk to immediately notify

the Illinois Department of State Police, Firearm Owner's

Identification (FOID) Office, in a form and manner

prescribed by the Illinois Department of State Police and

shall forward a copy of the court order to the Department.

(4) If the court imposes a sentence of imprisonment

upon an offender who has a physical disability, it may

authorize the Department of Corrections to place the

offender in a public or private facility which is able to

provide care or treatment for the offender's disability

and which agrees to do so.

(5) When an offender is placed with the Department of

Human Services or another facility pursuant to

subparagraph (2) or (4) of this paragraph (c), the

Department or private facility shall not discharge or

allow the offender to be at large in the community without

prior approval of the court. If the defendant is placed in

the custody of the Department of Human Services, the

defendant shall be placed in a secure setting unless the

court determines that there are compelling reasons why

such placement is not necessary. The offender shall accrue

good time and shall be eligible for parole in the same

manner as if he were serving his sentence within the

Department of Corrections. When the offender no longer

requires hospitalization, care, or treatment, the

Department of Human Services or the facility shall

transfer him, if his sentence has not expired, to the

Department of Corrections. If an offender is transferred

to the Department of Corrections, the Department of Human

Services shall transfer to the Department of Corrections

all related records pertaining to length of custody and

treatment services provided during the time the offender

was held.

(6) The Department of Corrections shall notify the

Department of Human Services or a facility in which an

offender has been placed pursuant to subparagraph (2) or

(4) of paragraph (c) of this Section of the expiration of

his sentence. Thereafter, an offender in the Department of

Human Services shall continue to be treated pursuant to

his commitment order and shall be considered a civilly

committed patient for all purposes including discharge. An

offender who is in a facility pursuant to subparagraph (4)

of paragraph (c) of this Section shall be informed by the

facility of the expiration of his sentence, and shall

either consent to the continuation of his care or

treatment by the facility or shall be discharged.

(Source: P.A. 97-1131, eff. 1-1-13.)

(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)

Sec. 107-4. Arrest by peace officer from other

jurisdiction.

(a) As used in this Section:

(1) "State" means any State of the United States and

the District of Columbia.

(2) "Peace Officer" means any peace officer or member

of any duly organized State, County, or Municipal peace

unit, any police force of another State, the United States

Department of Defense, or any police force whose members,

by statute, are granted and authorized to exercise powers

similar to those conferred upon any peace officer employed

by a law enforcement agency of this State.

(3) "Fresh pursuit" means the immediate pursuit of a

person who is endeavoring to avoid arrest.

(4) "Law enforcement agency" means a municipal police

department or county sheriff's office of this State.

(a-3) Any peace officer employed by a law enforcement

agency of this State may conduct temporary questioning

pursuant to Section 107-14 of this Code and may make arrests in

any jurisdiction within this State: (1) if the officer is

engaged in the investigation of criminal activity that

occurred in the officer's primary jurisdiction and the

temporary questioning or arrest relates to, arises from, or is

conducted pursuant to that investigation; or (2) if the

officer, while on duty as a peace officer, becomes personally

aware of the immediate commission of a felony or misdemeanor

violation of the laws of this State; or (3) if the officer,

while on duty as a peace officer, is requested by an

appropriate State or local law enforcement official to render

aid or assistance to the requesting law enforcement agency

that is outside the officer's primary jurisdiction; or (4) in

accordance with Section 2605-580 of the Illinois Department of

State Police Law of the Civil Administrative Code of Illinois.

While acting pursuant to this subsection, an officer has the

same authority as within his or her own jurisdiction.

(a-7) The law enforcement agency of the county or

municipality in which any arrest is made under this Section

shall be immediately notified of the arrest.

(b) Any peace officer of another State who enters this

State in fresh pursuit and continues within this State in

fresh pursuit of a person in order to arrest him on the ground

that he has committed an offense in the other State has the

same authority to arrest and hold the person in custody as

peace officers of this State have to arrest and hold a person

in custody on the ground that he has committed an offense in

this State.

(c) If an arrest is made in this State by a peace officer

of another State in accordance with the provisions of this

Section he shall without unnecessary delay take the person

arrested before the circuit court of the county in which the

arrest was made. Such court shall conduct a hearing for the

purpose of determining the lawfulness of the arrest. If the

court determines that the arrest was lawful it shall commit

the person arrested, to await for a reasonable time the

issuance of an extradition warrant by the Governor of this

State, or admit him to bail for such purpose. If the court

determines that the arrest was unlawful it shall discharge the

person arrested.

(Source: P.A. 98-576, eff. 1-1-14.)

(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)

Sec. 108A-11. Reports concerning use of eavesdropping

devices.

(a) In January of each year the State's Attorney of each

county in which eavesdropping devices were used pursuant to

the provisions of this Article shall report to the Illinois

Department of State Police the following with respect to each

application for an order authorizing the use of an

eavesdropping device, or an extension thereof, made during the

preceding calendar year:

(1) the fact that such an order, extension, or

subsequent approval of an emergency was applied for;

(2) the kind of order or extension applied for;

(3) a statement as to whether the order or extension

was granted as applied for was modified, or was denied;

(4) the period authorized by the order or extensions

in which an eavesdropping device could be used;

(5) the felony specified in the order extension or

denied application;

(6) the identity of the applying investigative or law

enforcement officer and agency making the application and

the State's Attorney authorizing the application; and

(7) the nature of the facilities from which or the

place where the eavesdropping device was to be used.

(b) Such report shall also include the following:

(1) a general description of the uses of eavesdropping

devices actually made under such order to overheard or

record conversations, including: (a) the approximate

nature and frequency of incriminating conversations

overheard, (b) the approximate nature and frequency of

other conversations overheard, (c) the approximate number

of persons whose conversations were overheard, and (d) the

approximate nature, amount, and cost of the manpower and

other resources used pursuant to the authorization to use

an eavesdropping device;

(2) the number of arrests resulting from authorized

uses of eavesdropping devices and the offenses for which

arrests were made;

(3) the number of trials resulting from such uses of

eavesdropping devices;

(4) the number of motions to suppress made with

respect to such uses, and the number granted or denied;

and

(5) the number of convictions resulting from such uses

and the offenses for which the convictions were obtained

and a general assessment of the importance of the

convictions.

(c) In April of each year, the Illinois Department of

State Police shall transmit to the General Assembly a report

including information on the number of applications for orders

authorizing the use of eavesdropping devices, the number of

orders and extensions granted or denied during the preceding

calendar year, and the convictions arising out of such uses.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act, and

filing such additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)

Sec. 108B-1. Definitions. For the purpose of this Article:

(a) "Aggrieved person" means a person who was a party to

any intercepted private communication or any person against

whom the intercept was directed.

(b) "Chief Judge" means, when referring to a judge

authorized to receive application for, and to enter orders

authorizing, interceptions of private communications, the

Chief Judge of the Circuit Court wherein the application for

order of interception is filed, or a Circuit Judge designated

by the Chief Judge to enter these orders. In circuits other

than the Cook County Circuit, "Chief Judge" also means, when

referring to a judge authorized to receive application for,

and to enter orders authorizing, interceptions of private

communications, an Associate Judge authorized by Supreme Court

Rule to try felony cases who is assigned by the Chief Judge to

enter these orders. After assignment by the Chief Judge, an

Associate Judge shall have plenary authority to issue orders

without additional authorization for each specific application

made to him by the State's Attorney until the time the

Associate Judge's power is rescinded by the Chief Judge.

(c) "Communications common carrier" means any person

engaged as a common carrier in the transmission of

communications by wire or radio, not including radio

broadcasting.

(d) "Contents" includes information obtained from a

private communication concerning the existence, substance,

purport or meaning of the communication, or the identity of a

party of the communication.

(e) "Court of competent jurisdiction" means any circuit

court.

(f) (Blank). "Department" means Illinois Department of

State Police.

(g) "Director" means Director of the Illinois Department

of State Police.

(g-1) "Electronic communication" means any transfer of

signs, signals, writing, images, sounds, data, or intelligence

of any nature transmitted in whole or part by a wire, radio,

pager, computer, or electromagnetic, photo electronic, or

photo optical system where the sending and receiving parties

intend the electronic communication to be private and the

interception, recording, or transcription of the electronic

communication is accomplished by a device in a surreptitious

manner contrary to the provisions of this Article. "Electronic

communication" does not include:

(1) any wire or oral communication; or

(2) any communication from a tracking device.

(h) "Electronic criminal surveillance device" or

"eavesdropping device" means any device or apparatus, or

computer program including an induction coil, that can be used

to intercept private communication other than:

(1) Any telephone, telegraph or telecommunication

instrument, equipment or facility, or any component of it,

furnished to the subscriber or user by a communication

common carrier in the ordinary course of its business, or

purchased by any person and being used by the subscriber,

user or person in the ordinary course of his business, or

being used by a communications common carrier in the

ordinary course of its business, or by an investigative or

law enforcement officer in the ordinary course of his

duties; or

(2) A hearing aid or similar device being used to

correct subnormal hearing to not better than normal.

(i) "Electronic criminal surveillance officer" means any

law enforcement officer or retired law enforcement officer of

the United States or of the State or political subdivision of

it, or of another State, or of a political subdivision of it,

who is certified by the Illinois Department of State Police to

intercept private communications. A retired law enforcement

officer may be certified by the Illinois State Police only to

(i) prepare petitions for the authority to intercept private

communications in accordance with the provisions of this Act;

(ii) intercept and supervise the interception of private

communications; (iii) handle, safeguard, and use evidence

derived from such private communications; and (iv) operate and

maintain equipment used to intercept private communications.

(j) "In-progress trace" means to determine the origin of a

wire communication to a telephone or telegraph instrument,

equipment or facility during the course of the communication.

(k) "Intercept" means the aural or other acquisition of

the contents of any private communication through the use of

any electronic criminal surveillance device.

(l) "Journalist" means a person engaged in, connected

with, or employed by news media, including newspapers,

magazines, press associations, news agencies, wire services,

radio, television or other similar media, for the purpose of

gathering, processing, transmitting, compiling, editing or

disseminating news for the general public.

(m) "Law enforcement agency" means any law enforcement

agency of the United States, or the State or a political

subdivision of it.

(n) "Oral communication" means human speech used to

communicate by one party to another, in person, by wire

communication or by any other means.

(o) "Private communication" means a wire, oral, or

electronic communication uttered or transmitted by a person

exhibiting an expectation that the communication is not

subject to interception, under circumstances reasonably

justifying the expectation. Circumstances that reasonably

justify the expectation that a communication is not subject to

interception include the use of a cordless telephone or

cellular communication device.

(p) "Wire communication" means any human speech used to

communicate by one party to another in whole or in part through

the use of facilities for the transmission of communications

by wire, cable or other like connection between the point of

origin and the point of reception furnished or operated by a

communications common carrier.

(q) "Privileged communications" means a private

communication between:

(1) a licensed and practicing physician and a patient

within the scope of the profession of the physician;

(2) a licensed and practicing psychologist to a

patient within the scope of the profession of the

psychologist;

(3) a licensed and practicing attorney-at-law and a

client within the scope of the profession of the lawyer;

(4) a practicing clergyman and a confidant within the

scope of the profession of the clergyman;

(5) a practicing journalist within the scope of his

profession;

(6) spouses within the scope of their marital

relationship; or

(7) a licensed and practicing social worker to a

client within the scope of the profession of the social

worker.

(r) "Retired law enforcement officer" means a person: (1)

who is a graduate of a police training institute or academy,

who after graduating served for at least 15 consecutive years

as a sworn, full-time peace officer qualified to carry

firearms for any federal or State department or agency or for

any unit of local government of Illinois; (2) who has retired

as a local, State, or federal peace officer in a publicly

created peace officer retirement system; and (3) whose service

in law enforcement was honorably terminated through retirement

or disability and not as a result of discipline, suspension,

or discharge.

(Source: P.A. 95-331, eff. 8-21-07.)

(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)

Sec. 108B-2. Request for application for interception.

(a) A State's Attorney may apply for an order authorizing

interception of private communications in accordance with the

provisions of this Article.

(b) The head of a law enforcement agency, including, for

purposes of this subsection, the acting head of such law

enforcement agency if the head of such agency is absent or

unable to serve, may request that a State's Attorney apply for

an order authorizing interception of private communications in

accordance with the provisions of this Article.

Upon request of a law enforcement agency, the Illinois

State Police Department may provide technical assistance to

such an agency which is authorized to conduct an interception.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)

Sec. 108B-5. Requirements for order of interception.

(a) Upon consideration of an application, the chief judge

may enter an ex parte order, as requested or as modified,

authorizing the interception of a private communication, if

the chief judge determines on the basis of the application

submitted by the applicant, that:

(1) There is probable cause for belief that (A) the

person whose private communication is to be intercepted is

committing, has committed, or is about to commit an

offense enumerated in Section 108B-3, or (B) the

facilities from which, or the place where, the private

communication is to be intercepted, is, has been, or is

about to be used in connection with the commission of the

offense, or is leased to, listed in the name of, or

commonly used by, the person; and

(2) There is probable cause for belief that a

particular private communication concerning such offense

may be obtained through the interception; and

(3) Normal investigative procedures with respect to

the offense have been tried and have failed or reasonably

appear to be unlikely to succeed if tried or too dangerous

to employ; and

(4) The electronic criminal surveillance officers to

be authorized to supervise the interception of the private

communication have been certified by the Illinois State

Police Department.

(b) In the case of an application, other than for an

extension, for an order to intercept a communication of a

person or on a wire communication facility that was the

subject of a previous order authorizing interception, the

application shall be based upon new evidence or information

different from and in addition to the evidence or information

offered to support the prior order, regardless of whether the

evidence was derived from prior interceptions or from other

sources.

(c) The chief judge may authorize interception of a

private communication anywhere in the judicial circuit. If the

court authorizes the use of an eavesdropping device with

respect to a vehicle, watercraft, or aircraft that is within

the judicial circuit at the time the order is issued, the order

may provide that the interception may continue anywhere within

the State if the vehicle, watercraft, or aircraft leaves the

judicial circuit.

(Source: P.A. 95-331, eff. 8-21-07.)

(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)

Sec. 108B-13. Reports concerning use of eavesdropping

devices.

(a) Within 30 days after the expiration of an order and

each extension thereof authorizing an interception, or within

30 days after the denial of an application or disapproval of an

application subsequent to any alleged emergency situation, the

State's Attorney shall report to the Illinois Department of

State Police the following:

(1) the fact that such an order, extension, or

subsequent approval of an emergency was applied for;

(2) the kind of order or extension applied for;

(3) a statement as to whether the order or extension

was granted as applied for was modified, or was denied;

(4) the period authorized by the order or extensions

in which an eavesdropping device could be used;

(5) the offense enumerated in Section 108B-3 which is

specified in the order or extension or in the denied

application;

(6) the identity of the applying electronic criminal

surveillance officer and agency making the application and

the State's Attorney authorizing the application; and

(7) the nature of the facilities from which or the

place where the eavesdropping device was to be used.

(b) In January of each year the State's Attorney of each

county in which an interception occurred pursuant to the

provisions of this Article shall report to the Illinois

Department of State Police the following:

(1) a general description of the uses of eavesdropping

devices actually made under such order to overhear or

record conversations, including: (a) the approximate

nature and frequency of incriminating conversations

overheard, (b) the approximate nature and frequency of

other conversations overheard, (c) the approximate number

of persons whose conversations were overheard, and (d) the

approximate nature, amount, and cost of the manpower and

other resources used pursuant to the authorization to use

an eavesdropping device;

(2) the number of arrests resulting from authorized

uses of eavesdropping devices and the offenses for which

arrests were made;

(3) the number of trials resulting from such uses of

eavesdropping devices;

(4) the number of motions to suppress made with

respect to such uses, and the number granted or denied;

and

(5) the number of convictions resulting from such uses

and the offenses for which the convictions were obtained

and a general assessment of the importance of the

convictions.

On or before March 1 of each year, the Director of the

Illinois Department of State Police shall submit to the

Governor a report of all intercepts as defined herein

conducted pursuant to this Article and terminated during the

preceding calendar year. Such report shall include:

(1) the reports of State's Attorneys forwarded to the

Director as required in this Section;

(2) the number of Illinois State Police Department

personnel authorized to possess, install, or operate

electronic, mechanical, or other devices;

(3) the number of Illinois State Police Department and

other law enforcement personnel who participated or

engaged in the seizure of intercepts pursuant to this

Article during the preceding calendar year;

(4) the number of electronic criminal surveillance

officers trained by the Illinois State Police Department;

(5) the total cost to the Illinois State Police

Department of all activities and procedures relating to

the seizure of intercepts during the preceding calendar

year, including costs of equipment, manpower, and expenses

incurred as compensation for use of facilities or

technical assistance provided to or by the Illinois State

Police Department; and

(6) a summary of the use of eavesdropping devices

pursuant to orders of interception including (a) the

frequency of use in each county, (b) the frequency of use

for each crime enumerated in Section 108B-3 of the Code of

Criminal Procedure of 1963, as amended, (c) the type and

frequency of eavesdropping device use, and (d) the

frequency of use by each police department or law

enforcement agency of this State.

(d) In April of each year, the Director of the Illinois

Department of State Police and the Governor shall each

transmit to the General Assembly reports including information

on the number of applications for orders authorizing the use

of eavesdropping devices, the number of orders and extensions

granted or denied during the preceding calendar year, the

convictions arising out of such uses, and a summary of the

information required by subsections (a) and (b) of this

Section.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report as required

by Section 3.1 of the General Assembly Organization Act, and

filing such additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 100-1148, eff. 12-10-18.)

(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)

Sec. 108B-14. Training.

(a) The Director of the Illinois Department of State

Police shall:

(1) Establish a course of training in the legal,

practical, and technical aspects of the interception of

private communications and related investigation and

prosecution techniques;

(2) Issue regulations as he finds necessary for the

training program;

(3) In cooperation with the Illinois Law Enforcement

Training Standards Board, set minimum standards for

certification and periodic recertification of electronic

criminal surveillance officers as eligible to apply for

orders authorizing the interception of private

communications, to conduct the interceptions, and to use

the private communications or evidence derived from them

in official proceedings; and

(4) In cooperation with the Illinois Law Enforcement

Training Standards Board, revoke or suspend the

certification of any electronic criminal surveillance

officer who has violated any law relating to electronic

criminal surveillance, or any of the guidelines

established by the Illinois State Police Department for

conducting electronic criminal surveillance.

(b) The Executive Director of the Illinois Law Enforcement

Training Standards Board shall:

(1) Pursuant to the Illinois Police Training Act,

review the course of training prescribed by the Illinois

State Police Department for the purpose of certification

relating to reimbursement of expenses incurred by local

law enforcement agencies participating in the electronic

criminal surveillance officer training process, and

(2) Assist the Illinois State Police Department in

establishing minimum standards for certification and

periodic recertification of electronic criminal

surveillance officers as being eligible to apply for

orders authorizing the interception of private

communications, to conduct the interpretations, and to use

the communications or evidence derived from them in

official proceedings.

(Source: P.A. 92-854, eff. 12-5-02.)

(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)

Sec. 110-7. Deposit of bail security.

(a) The person for whom bail has been set shall execute the

bail bond and deposit with the clerk of the court before which

the proceeding is pending a sum of money equal to 10% of the

bail, but in no event shall such deposit be less than $25. The

clerk of the court shall provide a space on each form for a

person other than the accused who has provided the money for

the posting of bail to so indicate and a space signed by an

accused who has executed the bail bond indicating whether a

person other than the accused has provided the money for the

posting of bail. The form shall also include a written notice

to such person who has provided the defendant with the money

for the posting of bail indicating that the bail may be used to

pay costs, attorney's fees, fines, or other purposes

authorized by the court and if the defendant fails to comply

with the conditions of the bail bond, the court shall enter an

order declaring the bail to be forfeited. The written notice

must be: (1) distinguishable from the surrounding text; (2) in

bold type or underscored; and (3) in a type size at least 2

points larger than the surrounding type. When a person for

whom bail has been set is charged with an offense under the

Illinois Controlled Substances Act or the Methamphetamine

Control and Community Protection Act which is a Class X

felony, or making a terrorist threat in violation of Section

29D-20 of the Criminal Code of 1961 or the Criminal Code of

2012 or an attempt to commit the offense of making a terrorist

threat, the court may require the defendant to deposit a sum

equal to 100% of the bail. Where any person is charged with a

forcible felony while free on bail and is the subject of

proceedings under Section 109-3 of this Code the judge

conducting the preliminary examination may also conduct a

hearing upon the application of the State pursuant to the

provisions of Section 110-6 of this Code to increase or revoke

the bail for that person's prior alleged offense.

(b) Upon depositing this sum and any bond fee authorized

by law, the person shall be released from custody subject to

the conditions of the bail bond.

(c) Once bail has been given and a charge is pending or is

thereafter filed in or transferred to a court of competent

jurisdiction the latter court shall continue the original bail

in that court subject to the provisions of Section 110-6 of

this Code.

(d) After conviction the court may order that the original

bail stand as bail pending appeal or deny, increase or reduce

bail subject to the provisions of Section 110-6.2.

(e) After the entry of an order by the trial court allowing

or denying bail pending appeal either party may apply to the

reviewing court having jurisdiction or to a justice thereof

sitting in vacation for an order increasing or decreasing the

amount of bail or allowing or denying bail pending appeal

subject to the provisions of Section 110-6.2.

(f) When the conditions of the bail bond have been

performed and the accused has been discharged from all

obligations in the cause the clerk of the court shall return to

the accused or to the defendant's designee by an assignment

executed at the time the bail amount is deposited, unless the

court orders otherwise, 90% of the sum which had been

deposited and shall retain as bail bond costs 10% of the amount

deposited. However, in no event shall the amount retained by

the clerk as bail bond costs be less than $5. Notwithstanding

the foregoing, in counties with a population of 3,000,000 or

more, in no event shall the amount retained by the clerk as

bail bond costs exceed $100. Bail bond deposited by or on

behalf of a defendant in one case may be used, in the court's

discretion, to satisfy financial obligations of that same

defendant incurred in a different case due to a fine, court

costs, restitution or fees of the defendant's attorney of

record. In counties with a population of 3,000,000 or more,

the court shall not order bail bond deposited by or on behalf

of a defendant in one case to be used to satisfy financial

obligations of that same defendant in a different case until

the bail bond is first used to satisfy court costs and

attorney's fees in the case in which the bail bond has been

deposited and any other unpaid child support obligations are

satisfied. In counties with a population of less than

3,000,000, the court shall not order bail bond deposited by or

on behalf of a defendant in one case to be used to satisfy

financial obligations of that same defendant in a different

case until the bail bond is first used to satisfy court costs

in the case in which the bail bond has been deposited.

At the request of the defendant the court may order such

90% of defendant's bail deposit, or whatever amount is

repayable to defendant from such deposit, to be paid to

defendant's attorney of record.

(g) If the accused does not comply with the conditions of

the bail bond the court having jurisdiction shall enter an

order declaring the bail to be forfeited. Notice of such order

of forfeiture shall be mailed forthwith to the accused at his

last known address. If the accused does not appear and

surrender to the court having jurisdiction within 30 days from

the date of the forfeiture or within such period satisfy the

court that appearance and surrender by the accused is

impossible and without his fault the court shall enter

judgment for the State if the charge for which the bond was

given was a felony or misdemeanor, or if the charge was

quasi-criminal or traffic, judgment for the political

subdivision of the State which prosecuted the case, against

the accused for the amount of the bail and costs of the court

proceedings; however, in counties with a population of less

than 3,000,000, instead of the court entering a judgment for

the full amount of the bond the court may, in its discretion,

enter judgment for the cash deposit on the bond, less costs,

retain the deposit for further disposition or, if a cash bond

was posted for failure to appear in a matter involving

enforcement of child support or maintenance, the amount of the

cash deposit on the bond, less outstanding costs, may be

awarded to the person or entity to whom the child support or

maintenance is due. The deposit made in accordance with

paragraph (a) shall be applied to the payment of costs. If

judgment is entered and any amount of such deposit remains

after the payment of costs it shall be applied to payment of

the judgment and transferred to the treasury of the municipal

corporation wherein the bond was taken if the offense was a

violation of any penal ordinance of a political subdivision of

this State, or to the treasury of the county wherein the bond

was taken if the offense was a violation of any penal statute

of this State. The balance of the judgment may be enforced and

collected in the same manner as a judgment entered in a civil

action.

(h) After a judgment for a fine and court costs or either

is entered in the prosecution of a cause in which a deposit had

been made in accordance with paragraph (a) the balance of such

deposit, after deduction of bail bond costs, shall be applied

to the payment of the judgment.

(i) When a court appearance is required for an alleged

violation of the Criminal Code of 1961, the Criminal Code of

2012, the Illinois Vehicle Code, the Wildlife Code, the Fish

and Aquatic Life Code, the Child Passenger Protection Act, or

a comparable offense of a unit of local government as

specified in Supreme Court Rule 551, and if the accused does

not appear in court on the date set for appearance or any date

to which the case may be continued and the court issues an

arrest warrant for the accused, based upon his or her failure

to appear when having so previously been ordered to appear by

the court, the accused upon his or her admission to bail shall

be assessed by the court a fee of $75. Payment of the fee shall

be a condition of release unless otherwise ordered by the

court. The fee shall be in addition to any bail that the

accused is required to deposit for the offense for which the

accused has been charged and may not be used for the payment of

court costs or fines assessed for the offense. The clerk of the

court shall remit $70 of the fee assessed to the arresting

agency who brings the offender in on the arrest warrant. If the

Illinois Department of State Police is the arresting agency,

$70 of the fee assessed shall be remitted by the clerk of the

court to the State Treasurer within one month after receipt

for deposit into the State Police Operations Assistance Fund.

The clerk of the court shall remit $5 of the fee assessed to

the Circuit Court Clerk Operation and Administrative Fund as

provided in Section 27.3d of the Clerks of Courts Act.

(Source: P.A. 99-412, eff. 1-1-16.)

(725 ILCS 5/112A-11.1)

Sec. 112A-11.1. Procedure for determining whether certain

misdemeanor crimes are crimes of domestic violence for

purposes of federal law.

(a) When a defendant has been charged with a violation of

Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

Criminal Code of 1961 or the Criminal Code of 2012, the State

may, at arraignment or no later than 45 days after

arraignment, for the purpose of notification to the Illinois

Department of State Police Firearm Owner's Identification Card

Office, serve on the defendant and file with the court a notice

alleging that conviction of the offense would subject the

defendant to the prohibitions of 18 U.S.C. 922(g)(9) because

of the relationship between the defendant and the alleged

victim and the nature of the alleged offense.

(b) The notice shall include the name of the person

alleged to be the victim of the crime and shall specify the

nature of the alleged relationship as set forth in 18 U.S.C.

921(a)(33)(A)(ii). It shall also specify the element of the

charged offense which requires the use or attempted use of

physical force, or the threatened use of a deadly weapon, as

set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include

notice that the defendant is entitled to a hearing on the

allegation contained in the notice and that if the allegation

is sustained, that determination and conviction shall be

reported to the Illinois Department of State Police Firearm

Owner's Identification Card Office.

(c) After having been notified as provided in subsection

(b) of this Section, the defendant may stipulate or admit,

orally on the record or in writing, that conviction of the

offense would subject the defendant to the prohibitions of 18

U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

922(g)(9) shall be deemed established for purposes of Section

112A-11.2. If the defendant denies the applicability of 18

U.S.C. 922(g)(9) as alleged in the notice served by the State,

or stands mute with respect to that allegation, then the State

shall bear the burden to prove beyond a reasonable doubt that

the offense is one to which the prohibitions of 18 U.S.C.

922(g)(9) apply. The court may consider reliable hearsay

evidence submitted by either party provided that it is

relevant to the determination of the allegation. Facts

previously proven at trial or elicited at the time of entry of

a plea of guilty shall be deemed established beyond a

reasonable doubt and shall not be relitigated. At the

conclusion of the hearing, or upon a stipulation or admission,

as applicable, the court shall make a specific written

determination with respect to the allegation.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(725 ILCS 5/112A-11.2)

Sec. 112A-11.2. Notification to the Illinois Department of

State Police Firearm Owner's Identification Card Office of

determinations in certain misdemeanor cases. Upon judgment of

conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

Code of 2012 when the defendant has been determined, under

Section 112A-11.1, to be subject to the prohibitions of 18

U.S.C. 922(g)(9), the circuit court clerk shall include

notification and a copy of the written determination in a

report of the conviction to the Illinois Department of State

Police Firearm Owner's Identification Card Office to enable

the office to report that determination to the Federal Bureau

of Investigation and assist the Bureau in identifying persons

prohibited from purchasing and possessing a firearm pursuant

to the provisions of 18 U.S.C. 922.

(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

Sec. 112A-14. Domestic violence order of protection;

remedies.

(a) (Blank).

(b) The court may order any of the remedies listed in this

subsection (b). The remedies listed in this subsection (b)

shall be in addition to other civil or criminal remedies

available to petitioner.

(1) Prohibition of abuse. Prohibit respondent's

harassment, interference with personal liberty,

intimidation of a dependent, physical abuse, or willful

deprivation, as defined in this Article, if such abuse has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in subsection (c-2) of

Section 501 of the Illinois Marriage and Dissolution of

Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i)

the hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other

person protected by the domestic violence order of

protection, or prohibit respondent from entering or

remaining present at petitioner's school, place of

employment, or other specified places at times when

petitioner is present, or both, if reasonable, given the

balance of hardships. Hardships need not be balanced for

the court to enter a stay away order or prohibit entry if

respondent has no right to enter the premises.

(A) If a domestic violence order of protection

grants petitioner exclusive possession of the

residence, prohibits respondent from entering the

residence, or orders respondent to stay away from

petitioner or other protected persons, then the court

may allow respondent access to the residence to remove

items of clothing and personal adornment used

exclusively by respondent, medications, and other

items as the court directs. The right to access shall

be exercised on only one occasion as the court directs

and in the presence of an agreed-upon adult third

party or law enforcement officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing a

domestic violence order of protection and providing

relief shall consider the severity of the act, any

continuing physical danger or emotional distress to

the petitioner, the educational rights guaranteed to

the petitioner and respondent under federal and State

law, the availability of a transfer of the respondent

to another school, a change of placement or a change of

program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school, and any

other relevant facts of the case. The court may order

that the respondent not attend the public, private, or

non-public elementary, middle, or high school attended

by the petitioner, order that the respondent accept a

change of placement or change of program, as

determined by the school district or private or

non-public school, or place restrictions on the

respondent's movements within the school attended by

the petitioner. The respondent bears the burden of

proving by a preponderance of the evidence that a

transfer, change of placement, or change of program of

the respondent is not available. The respondent also

bears the burden of production with respect to the

expense, difficulty, and educational disruption that

would be caused by a transfer of the respondent to

another school. A transfer, change of placement, or

change of program is not unavailable to the respondent

solely on the ground that the respondent does not

agree with the school district's or private or

non-public school's transfer, change of placement, or

change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a

transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to

another attendance center within the respondent's

school district or private or non-public school, the

school district or private or non-public school shall

have sole discretion to determine the attendance

center to which the respondent is transferred. If the

court order results in a transfer of the minor

respondent to another attendance center, a change in

the respondent's placement, or a change of the

respondent's program, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. If

the court orders a transfer of the respondent to

another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist,

psychiatrist, family service agency, alcohol or substance

abuse program, mental health center guidance counselor,

agency providing services to elders, program designed for

domestic violence abusers, or any other guidance service

the court deems appropriate. The court may order the

respondent in any intimate partner relationship to report

to an Illinois Department of Human Services protocol

approved partner abuse intervention program for an

assessment and to follow all recommended treatment.

(5) Physical care and possession of the minor child.

In order to protect the minor child from abuse, neglect,

or unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding physical care to

respondent would not be in the minor child's best

interest.

(6) Temporary allocation of parental responsibilities

and significant decision-making responsibilities. Award

temporary significant decision-making responsibility to

petitioner in accordance with this Section, the Illinois

Marriage and Dissolution of Marriage Act, the Illinois

Parentage Act of 2015, and this State's Uniform

Child-Custody Jurisdiction and Enforcement Act.

If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall

be a rebuttable presumption that awarding temporary

significant decision-making responsibility to respondent

would not be in the child's best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or temporary significant decision-making

responsibility of a minor child to petitioner. The court

shall restrict or deny respondent's parenting time with a

minor child if the court finds that respondent has done or

is likely to do any of the following:

(i) abuse or endanger the minor child during

parenting time;

(ii) use the parenting time as an opportunity to

abuse or harass petitioner or petitioner's family or

household members;

(iii) improperly conceal or detain the minor

child; or

(iv) otherwise act in a manner that is not in the

best interests of the minor child.

The court shall not be limited by the standards set

forth in Section 603.10 of the Illinois Marriage and

Dissolution of Marriage Act. If the court grants parenting

time, the order shall specify dates and times for the

parenting time to take place or other specific parameters

or conditions that are appropriate. No order for parenting

time shall refer merely to the term "reasonable parenting

time". Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

respondent is under the influence of drugs or alcohol and

constitutes a threat to the safety and well-being of

petitioner or petitioner's minor children or is behaving

in a violent or abusive manner. If necessary to protect

any member of petitioner's family or household from future

abuse, respondent shall be prohibited from coming to

petitioner's residence to meet the minor child for

parenting time, and the petitioner and respondent shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time only after filing

an affidavit accepting that responsibility and

acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return

the child to the custody or care of the petitioner, or to

permit any court-ordered interview or examination of the

child or the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly; sharing it would risk abuse of

petitioner by respondent or is impracticable; and the

balance of hardships favors temporary possession by

petitioner.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

award petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging, or otherwise disposing of any real or personal

property, except as explicitly authorized by the court,

if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the petitioner and respondent own the

property jointly, and the balance of hardships favors

granting this remedy.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

grant petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage

Act, which shall govern, among other matters, the amount

of support, payment through the clerk and withholding of

income to secure payment. An order for child support may

be granted to a petitioner with lawful physical care of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating petitioner's

significant decision-making responsibility unless

otherwise provided in the order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse. Such losses shall include, but not be limited

to, medical expenses, lost earnings or other support,

repair or replacement of property damaged or taken,

reasonable attorney's fees, court costs, and moving or

other travel expenses, including additional reasonable

expenses for temporary shelter and restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support, or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including, but not

limited to, legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and

well-being of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(A) A person who is subject to an existing

domestic violence order of protection issued under

this Code may not lawfully possess weapons under

Section 8.2 of the Firearm Owners Identification Card

Act.

(B) Any firearms in the possession of the

respondent, except as provided in subparagraph (C) of

this paragraph (14.5), shall be ordered by the court

to be turned over to a person with a valid Firearm

Owner's Identification Card for safekeeping. The court

shall issue an order that the respondent's Firearm

Owner's Identification Card be turned over to the

local law enforcement agency, which in turn shall

immediately mail the card to the Illinois Department

of State Police Firearm Owner's Identification Card

Office for safekeeping. The period of safekeeping

shall be for the duration of the domestic violence

order of protection. The firearm or firearms and

Firearm Owner's Identification Card, if unexpired,

shall at the respondent's request be returned to the

respondent at expiration of the domestic violence

order of protection.

(C) If the respondent is a peace officer as

defined in Section 2-13 of the Criminal Code of 2012,

the court shall order that any firearms used by the

respondent in the performance of his or her duties as a

peace officer be surrendered to the chief law

enforcement executive of the agency in which the

respondent is employed, who shall retain the firearms

for safekeeping for the duration of the domestic

violence order of protection.

(D) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned

over to a third party who is lawfully eligible to

possess firearms, and who does not reside with

respondent.

(15) Prohibition of access to records. If a domestic

violence order of protection prohibits respondent from

having contact with the minor child, or if petitioner's

address is omitted under subsection (b) of Section 112A-5

of this Code, or if necessary to prevent abuse or wrongful

removal or concealment of a minor child, the order shall

deny respondent access to, and prohibit respondent from

inspecting, obtaining, or attempting to inspect or obtain,

school or any other records of the minor child who is in

the care of petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse

of a family or household member or to effectuate one of the

granted remedies, if supported by the balance of

hardships. If the harm to be prevented by the injunction

is abuse or any other harm that one of the remedies listed

in paragraphs (1) through (16) of this subsection is

designed to prevent, no further evidence is necessary to

establish that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph. In

this paragraph (18), the term "wireless telephone

service provider" means a provider of commercial

mobile service as defined in 47 U.S.C. 332. The

petitioner may request the transfer of each telephone

number that the petitioner, or a minor child in his or

her custody, uses. The clerk of the court shall serve

the order on the wireless telephone service provider's

agent for service of process provided to the Illinois

Commerce Commission. The order shall contain all of

the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of

an agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information

is provided and displayed.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including, but not limited to, the

following:

(i) the nature, frequency, severity, pattern, and

consequences of the respondent's past abuse of the

petitioner or any family or household member,

including the concealment of his or her location in

order to evade service of process or notice, and the

likelihood of danger of future abuse to petitioner or

any member of petitioner's or respondent's family or

household; and

(ii) the danger that any minor child will be

abused or neglected or improperly relocated from the

jurisdiction, improperly concealed within the State,

or improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including, but not

limited to, the following:

(i) availability, accessibility, cost, safety,

adequacy, location, and other characteristics of

alternate housing for each party and any minor child

or dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church, and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection (c), the court shall make its

findings in an official record or in writing, and shall at

a minimum set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2)

of this subsection (c).

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) (Blank).

(5) Never married parties. No rights or

responsibilities for a minor child born outside of

marriage attach to a putative father until a father and

child relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1975, the Uniform Interstate Family Support Act,

the Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or

territory, any other statute of this State, or by any

foreign nation establishing the father and child

relationship, any other proceeding substantially in

conformity with the federal Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, or when both

parties appeared in open court or at an administrative

hearing acknowledging under oath or admitting by

affirmation the existence of a father and child

relationship. Absent such an adjudication, no putative

father shall be granted temporary allocation of parental

responsibilities, including parenting time with the minor

child, or physical care and possession of the minor child,

nor shall an order of payment for support of the minor

child be entered.

(d) Balance of hardships; findings. If the court finds

that the balance of hardships does not support the granting of

a remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will

result in hardship to respondent that would substantially

outweigh the hardship to petitioner from denial of the remedy.

The findings shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

force provided by Article 7 of the Criminal Code of 2012;

(2) respondent was voluntarily intoxicated;

(3) petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

(4) petitioner did not act in self-defense or defense

of another;

(5) petitioner left the residence or household to

avoid further abuse by respondent;

(6) petitioner did not leave the residence or

household to avoid further abuse by respondent; or

(7) conduct by any family or household member excused

the abuse by respondent, unless that same conduct would

have excused such abuse if the parties had not been family

or household members.

(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;

100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.

1-1-19; 101-81, eff. 7-12-19.)

(725 ILCS 5/112A-14.7)

Sec. 112A-14.7. Stalking no contact order; remedies.

(a) The court may order any of the remedies listed in this

Section. The remedies listed in this Section shall be in

addition to other civil or criminal remedies available to

petitioner. A stalking no contact order shall order one or

more of the following:

(1) prohibit the respondent from threatening to commit

or committing stalking;

(2) order the respondent not to have any contact with

the petitioner or a third person specifically named by the

court;

(3) prohibit the respondent from knowingly coming

within, or knowingly remaining within a specified distance

of the petitioner or the petitioner's residence, school,

daycare, or place of employment, or any specified place

frequented by the petitioner; however, the court may order

the respondent to stay away from the respondent's own

residence, school, or place of employment only if the

respondent has been provided actual notice of the

opportunity to appear and be heard on the petition;

(4) prohibit the respondent from possessing a Firearm

Owners Identification Card, or possessing or buying

firearms; and

(5) order other injunctive relief the court determines

to be necessary to protect the petitioner or third party

specifically named by the court.

(b) When the petitioner and the respondent attend the same

public, private, or non-public elementary, middle, or high

school, the court when issuing a stalking no contact order and

providing relief shall consider the severity of the act, any

continuing physical danger or emotional distress to the

petitioner, the educational rights guaranteed to the

petitioner and respondent under federal and State law, the

availability of a transfer of the respondent to another

school, a change of placement or a change of program of the

respondent, the expense, difficulty, and educational

disruption that would be caused by a transfer of the

respondent to another school, and any other relevant facts of

the case. The court may order that the respondent not attend

the public, private, or non-public elementary, middle, or high

school attended by the petitioner, order that the respondent

accept a change of placement or program, as determined by the

school district or private or non-public school, or place

restrictions on the respondent's movements within the school

attended by the petitioner. The respondent bears the burden of

proving by a preponderance of the evidence that a transfer,

change of placement, or change of program of the respondent is

not available. The respondent also bears the burden of

production with respect to the expense, difficulty, and

educational disruption that would be caused by a transfer of

the respondent to another school. A transfer, change of

placement, or change of program is not unavailable to the

respondent solely on the ground that the respondent does not

agree with the school district's or private or non-public

school's transfer, change of placement, or change of program

or solely on the ground that the respondent fails or refuses to

consent to or otherwise does not take an action required to

effectuate a transfer, change of placement, or change of

program. When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to another

attendance center within the respondent's school district or

private or non-public school, the school district or private

or non-public school shall have sole discretion to determine

the attendance center to which the respondent is transferred.

If the court order results in a transfer of the minor

respondent to another attendance center, a change in the

respondent's placement, or a change of the respondent's

program, the parents, guardian, or legal custodian of the

respondent is responsible for transportation and other costs

associated with the transfer or change.

(c) The court may order the parents, guardian, or legal

custodian of a minor respondent to take certain actions or to

refrain from taking certain actions to ensure that the

respondent complies with the order. If the court orders a

transfer of the respondent to another school, the parents,

guardian, or legal custodian of the respondent are responsible

for transportation and other costs associated with the change

of school by the respondent.

(d) The court shall not hold a school district or private

or non-public school or any of its employees in civil or

criminal contempt unless the school district or private or

non-public school has been allowed to intervene.

(e) The court may hold the parents, guardian, or legal

custodian of a minor respondent in civil or criminal contempt

for a violation of any provision of any order entered under

this Article for conduct of the minor respondent in violation

of this Article if the parents, guardian, or legal custodian

directed, encouraged, or assisted the respondent minor in the

conduct.

(f) Monetary damages are not recoverable as a remedy.

(g) If the stalking no contact order prohibits the

respondent from possessing a Firearm Owner's Identification

Card, or possessing or buying firearms; the court shall

confiscate the respondent's Firearm Owner's Identification

Card and immediately return the card to the Illinois

Department of State Police Firearm Owner's Identification Card

Office.

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-17.5)

Sec. 112A-17.5. Ex parte protective orders.

(a) The petitioner may request expedited consideration of

the petition for an ex parte protective order. The court shall

consider the request on an expedited basis without requiring

the respondent's presence or requiring notice to the

respondent.

(b) Issuance of ex parte protective orders in cases

involving domestic violence. An ex parte domestic violence

order of protection shall be issued if petitioner satisfies

the requirements of this subsection (b) for one or more of the

requested remedies. For each remedy requested, petitioner

shall establish that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy,

regardless of prior service of process or notice upon the

respondent, because:

(A) for the remedy of prohibition of abuse

described in paragraph (1) of subsection (b) of

Section 112A-14 of this Code; stay away order and

additional prohibitions described in paragraph (3) of

subsection (b) of Section 112A-14 of this Code;

removal or concealment of minor child described in

paragraph (8) of subsection (b) of Section 112A-14 of

this Code; order to appear described in paragraph (9)

of subsection (b) of Section 112A-14 of this Code;

physical care and possession of the minor child

described in paragraph (5) of subsection (b) of

Section 112A-14 of this Code; protection of property

described in paragraph (11) of subsection (b) of

Section 112A-14 of this Code; prohibition of entry

described in paragraph (14) of subsection (b) of

Section 112A-14 of this Code; prohibition of firearm

possession described in paragraph (14.5) of subsection

(b) of Section 112A-14 of this Code; prohibition of

access to records described in paragraph (15) of

subsection (b) of Section 112A-14 of this Code;

injunctive relief described in paragraph (16) of

subsection (b) of Section 112A-14 of this Code; and

telephone services described in paragraph (18) of

subsection (b) of Section 112A-14 of this Code, the

harm which that remedy is intended to prevent would be

likely to occur if the respondent were given any prior

notice, or greater notice than was actually given, of

the petitioner's efforts to obtain judicial relief;

(B) for the remedy of grant of exclusive

possession of residence described in paragraph (2) of

subsection (b) of Section 112A-14 of this Code; the

immediate danger of further abuse of the petitioner by

the respondent, if the petitioner chooses or had

chosen to remain in the residence or household while

the respondent was given any prior notice or greater

notice than was actually given of the petitioner's

efforts to obtain judicial relief outweighs the

hardships to the respondent of an emergency order

granting the petitioner exclusive possession of the

residence or household; and the remedy shall not be

denied because the petitioner has or could obtain

temporary shelter elsewhere while prior notice is

given to the respondent, unless the hardship to the

respondent from exclusion from the home substantially

outweigh the hardship to the petitioner; or

(C) for the remedy of possession of personal

property described in paragraph (10) of subsection (b)

of Section 112A-14 of this Code; improper disposition

of the personal property would be likely to occur if

the respondent were given any prior notice, or greater

notice than was actually given, of the petitioner's

efforts to obtain judicial relief or the petitioner

has an immediate and pressing need for the possession

of that property.

An ex parte domestic violence order of protection may not

include the counseling, custody, or payment of support or

monetary compensation remedies provided by paragraphs (4),

(12), (13), and (16) of subsection (b) of Section 112A-14 of

this Code.

(c) Issuance of ex parte civil no contact order in cases

involving sexual offenses. An ex parte civil no contact order

shall be issued if the petitioner establishes that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy,

regardless of prior service of process or of notice upon

the respondent, because the harm which that remedy is

intended to prevent would be likely to occur if the

respondent were given any prior notice, or greater notice

than was actually given, of the petitioner's efforts to

obtain judicial relief.

The court may order any of the remedies under Section

112A-14.5 of this Code.

(d) Issuance of ex parte stalking no contact order in

cases involving stalking offenses. An ex parte stalking no

contact order shall be issued if the petitioner establishes

that:

(1) the court has jurisdiction under Section 112A-9 of

this Code;

(2) the requirements of subsection (a) of Section

112A-11.5 of this Code are satisfied; and

(3) there is good cause to grant the remedy,

regardless of prior service of process or of notice upon

the respondent, because the harm which that remedy is

intended to prevent would be likely to occur if the

respondent were given any prior notice, or greater notice

than was actually given, of the petitioner's efforts to

obtain judicial relief.

The court may order any of the remedies under Section

112A-14.7 of this Code.

(e) Issuance of ex parte protective orders on court

holidays and evenings.

When the court is unavailable at the close of business,

the petitioner may file a petition for an ex parte protective

order before any available circuit judge or associate judge

who may grant relief under this Article. If the judge finds

that petitioner has satisfied the prerequisites in subsection

(b), (c), or (d) of this Section, the judge shall issue an ex

parte protective order.

The chief judge of the circuit court may designate for

each county in the circuit at least one judge to be reasonably

available to issue orally, by telephone, by facsimile, or

otherwise, an ex parte protective order at all times, whether

or not the court is in session.

The judge who issued the order under this Section shall

promptly communicate or convey the order to the sheriff to

facilitate the entry of the order into the Law Enforcement

Agencies Data System by the Illinois Department of State

Police under Section 112A-28 of this Code. Any order issued

under this Section and any documentation in support of it

shall be certified on the next court day to the appropriate

court. The clerk of that court shall immediately assign a case

number, file the petition, order, and other documents with the

court and enter the order of record and file it with the

sheriff for service under subsection (f) of this Section.

Failure to comply with the requirements of this subsection (e)

shall not affect the validity of the order.

(f) Service of ex parte protective order on respondent.

(1) If an ex parte protective order is entered at the

time a summons or arrest warrant is issued for the

criminal charge, the petition for the protective order,

any supporting affidavits, if any, and the ex parte

protective order that has been issued shall be served with

the summons or arrest warrant. The enforcement of a

protective order under Section 112A-23 of this Code shall

not be affected by the lack of service or delivery,

provided the requirements of subsection (a) of Section

112A-23 of this Code are otherwise met.

(2) If an ex parte protective order is entered after a

summons or arrest warrant is issued and before the

respondent makes an initial appearance in the criminal

case, the summons shall be in the form prescribed by

subsection (d) of Supreme Court Rule 101, except that it

shall require respondent to answer or appear within 7 days

and shall be accompanied by the petition for the

protective order, any supporting affidavits, if any, and

the ex parte protective order that has been issued.

(3) If an ex parte protective order is entered after

the respondent has been served notice of a petition for a

final protective order and the respondent has requested a

continuance to respond to the petition, the ex parte

protective order shall be served: (A) in open court if the

respondent is present at the proceeding at which the order

was entered; or (B) by summons in the form prescribed by

subsection (d) of Supreme Court Rule 101.

(4) No fee shall be charged for service of summons.

(5) The summons shall be served by the sheriff or

other law enforcement officer at the earliest time and

shall take precedence over other summonses except those of

a similar emergency nature. Special process servers may be

appointed at any time, and their designation shall not

affect the responsibilities and authority of the sheriff

or other official process servers. In a county with a

population over 3,000,000, a special process server may

not be appointed if an ex parte protective order grants

the surrender of a child, the surrender of a firearm or

Firearm Owner's Identification Card, or the exclusive

possession of a shared residence. Process may be served in

court.

(g) Upon 7 days' notice to the petitioner, or a shorter

notice period as the court may prescribe, a respondent subject

to an ex parte protective order may appear and petition the

court to re-hear the petition. Any petition to re-hear shall

be verified and shall allege the following:

(1) that respondent did not receive prior notice of

the initial hearing in which the ex parte protective order

was entered under Section 112A-17.5 of this Code; and

(2) that respondent had a meritorious defense to the

order or any of its remedies or that the order or any of

its remedies was not authorized under this Article.

The verified petition and affidavit shall set forth the

evidence of the meritorious defense that will be presented at

a hearing. If the court finds that the evidence presented at

the hearing on the petition establishes a meritorious defense

by a preponderance of the evidence, the court may decide to

vacate the protective order or modify the remedies.

(h) If the ex parte protective order granted petitioner

exclusive possession of the residence and the petition of

respondent seeks to re-open or vacate that grant, the court

shall set a date for hearing within 14 days on all issues

relating to exclusive possession. Under no circumstances shall

a court continue a hearing concerning exclusive possession

beyond the 14th day except by agreement of the petitioner and

the respondent. Other issues raised by the pleadings may be

consolidated for the hearing if the petitioner, the

respondent, and the court do not object.

(i) Duration of ex parte protective order. An ex parte

order shall remain in effect until the court considers the

request for a final protective order after notice has been

served on the respondent or a default final protective order

is entered, whichever occurs first. If a court date is

scheduled for the issuance of a default protective order and

the petitioner fails to personally appear or appear through

counsel or the prosecuting attorney, the petition shall be

dismissed and the ex parte order terminated.

(Source: P.A. 100-597, eff. 6-29-18.)

(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)

Sec. 112A-20. Duration and extension of final protective

orders.

(a) (Blank).

(b) A final protective order shall remain in effect as

follows:

(1) if entered during pre-trial release, until

disposition, withdrawal, or dismissal of the underlying

charge; if, however, the case is continued as an

independent cause of action, the order's duration may be

for a fixed period of time not to exceed 2 years;

(2) if in effect in conjunction with a bond forfeiture

warrant, until final disposition or an additional period

of time not exceeding 2 years; no domestic violence order

of protection, however, shall be terminated by a dismissal

that is accompanied by the issuance of a bond forfeiture

warrant;

(3) until 2 years after the expiration of any

supervision, conditional discharge, probation, periodic

imprisonment, parole, aftercare release, or mandatory

supervised release for domestic violence orders of

protection and civil no contact orders; or

(4) until 2 years after the date set by the court for

expiration of any sentence of imprisonment and subsequent

parole, aftercare release, or mandatory supervised release

for domestic violence orders of protection and civil no

contact orders; and

(5) permanent for a stalking no contact order if a

judgment of conviction for stalking is entered.

(c) Computation of time. The duration of a domestic

violence order of protection shall not be reduced by the

duration of any prior domestic violence order of protection.

(d) Law enforcement records. When a protective order

expires upon the occurrence of a specified event, rather than

upon a specified date as provided in subsection (b), no

expiration date shall be entered in Illinois Department of

State Police records. To remove the protective order from

those records, either the petitioner or the respondent shall

request the clerk of the court to file a certified copy of an

order stating that the specified event has occurred or that

the protective order has been vacated or modified with the

sheriff, and the sheriff shall direct that law enforcement

records shall be promptly corrected in accordance with the

filed order.

(e) Extension of Orders. Any domestic violence order of

protection or civil no contact order that expires 2 years

after the expiration of the defendant's sentence under

paragraph (2), (3), or (4) of subsection (b) of Section

112A-20 of this Article may be extended one or more times, as

required. The petitioner, petitioner's counsel, or the State's

Attorney on the petitioner's behalf shall file the motion for

an extension of the final protective order in the criminal

case and serve the motion in accordance with Supreme Court

Rules 11 and 12. The court shall transfer the motion to the

appropriate court or division for consideration under

subsection (e) of Section 220 of the Illinois Domestic

Violence Act of 1986, subsection (c) of Section 216 of the

Civil No Contact Order Act, or subsection (c) of Section 105 of

the Stalking No Contact Order as appropriate.

(f) Termination date. Any final protective order which

would expire on a court holiday shall instead expire at the

close of the next court business day.

(g) Statement of purpose. The practice of dismissing or

suspending a criminal prosecution in exchange for issuing a

protective order undermines the purposes of this Article. This

Section shall not be construed as encouraging that practice.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)

Sec. 112A-22. Notice of orders.

(a) Entry and issuance. Upon issuance of any protective

order, the clerk shall immediately, or on the next court day if

an ex parte order is issued under subsection (e) of Section

112A-17.5 of this Code, (i) enter the order on the record and

file it in accordance with the circuit court procedures and

(ii) provide a file stamped copy of the order to respondent and

to petitioner, if present, and to the State's Attorney. If the

victim is not present the State's Attorney shall (i) as soon as

practicable notify the petitioner the order has been entered

and (ii) provide a file stamped copy of the order to the

petitioner within 3 days.

(b) Filing with sheriff. The clerk of the issuing judge

shall, on the same day that a protective order is issued, file

a copy of that order with the sheriff or other law enforcement

officials charged with maintaining Illinois Department of

State Police records or charged with serving the order upon

respondent. If the order was issued under subsection (e) of

Section 112A-17.5 of this Code, the clerk on the next court day

shall file a certified copy of the order with the sheriff or

other law enforcement officials charged with maintaining

Illinois Department of State Police records.

(c) (Blank).

(c-2) Service by sheriff. Unless respondent was present in

court when the order was issued, the sheriff, other law

enforcement official, or special process server shall promptly

serve that order upon respondent and file proof of the

service, in the manner provided for service of process in

civil proceedings. Instead of serving the order upon the

respondent; however, the sheriff, other law enforcement

official, special process server, or other persons defined in

Section 112A-22.1 of this Code may serve the respondent with a

short form notification as provided in Section 112A-22.1 of

this Code. If process has not yet been served upon the

respondent, process shall be served with the order or short

form notification if the service is made by the sheriff, other

law enforcement official, or special process server.

(c-3) If the person against whom the protective order is

issued is arrested and the written order is issued under

subsection (e) of Section 112A-17.5 of this Code and received

by the custodial law enforcement agency before the respondent

or arrestee is released from custody, the custodial law

enforcement agency shall promptly serve the order upon the

respondent or arrestee before the respondent or arrestee is

released from custody. In no event shall detention of the

respondent or arrestee be extended for a hearing on the

petition for protective order or receipt of the order issued

under Section 112A-17 of this Code.

(c-4) Extensions, modifications, and revocations. Any

order extending, modifying, or revoking any protective order

shall be promptly recorded, issued, and served as provided in

this Section.

(c-5) (Blank).

(d) (Blank).

(e) Notice to health care facilities and health care

practitioners. Upon the request of the petitioner, the clerk

of the circuit court shall send a certified copy of the

protective order to any specified health care facility or

health care practitioner requested by the petitioner at the

mailing address provided by the petitioner.

(f) Disclosure by health care facilities and health care

practitioners. After receiving a certified copy of a

protective order that prohibits a respondent's access to

records, no health care facility or health care practitioner

shall allow a respondent access to the records of any child who

is a protected person under the protective order, or release

information in those records to the respondent, unless the

order has expired or the respondent shows a certified copy of

the court order vacating the corresponding protective order

that was sent to the health care facility or practitioner.

Nothing in this Section shall be construed to require health

care facilities or health care practitioners to alter

procedures related to billing and payment. The health care

facility or health care practitioner may file the copy of the

protective order in the records of a child who is a protected

person under the protective order, or may employ any other

method to identify the records to which a respondent is

prohibited access. No health care facility or health care

practitioner shall be civilly or professionally liable for

reliance on a copy of a protective order, except for willful

and wanton misconduct.

(g) Notice to schools. Upon the request of the petitioner,

within 24 hours of the issuance of a protective order, the

clerk of the issuing judge shall send a certified copy of the

protective order to the day-care facility, pre-school or

pre-kindergarten, or private school or the principal office of

the public school district or any college or university in

which any child who is a protected person under the protective

order or any child of the petitioner is enrolled as requested

by the petitioner at the mailing address provided by the

petitioner. If the child transfers enrollment to another

day-care facility, pre-school, pre-kindergarten, private

school, public school, college, or university, the petitioner

may, within 24 hours of the transfer, send to the clerk written

notice of the transfer, including the name and address of the

institution to which the child is transferring. Within 24

hours of receipt of notice from the petitioner that a child is

transferring to another day-care facility, pre-school,

pre-kindergarten, private school, public school, college, or

university, the clerk shall send a certified copy of the order

to the institution to which the child is transferring.

(h) Disclosure by schools. After receiving a certified

copy of a protective order that prohibits a respondent's

access to records, neither a day-care facility, pre-school,

pre-kindergarten, public or private school, college, or

university nor its employees shall allow a respondent access

to a protected child's records or release information in those

records to the respondent. The school shall file the copy of

the protective order in the records of a child who is a

protected person under the order. When a child who is a

protected person under the protective order transfers to

another day-care facility, pre-school, pre-kindergarten,

public or private school, college, or university, the

institution from which the child is transferring may, at the

request of the petitioner, provide, within 24 hours of the

transfer, written notice of the protective order, along with a

certified copy of the order, to the institution to which the

child is transferring.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)

Sec. 112A-28. Data maintenance by law enforcement

agencies.

(a) All sheriffs shall furnish to the Illinois Department

of State Police, daily, in the form and detail the Department

requires, copies of any recorded protective orders issued by

the court, and any foreign protective orders filed by the

clerk of the court, and transmitted to the sheriff by the clerk

of the court. Each protective order shall be entered in the Law

Enforcement Agencies Data System on the same day it is issued

by the court.

(b) The Illinois Department of State Police shall maintain

a complete and systematic record and index of all valid and

recorded protective orders issued or filed under this Act. The

data shall be used to inform all dispatchers and law

enforcement officers at the scene of an alleged incident of

abuse or violation of a protective order of any recorded prior

incident of abuse involving the abused party and the effective

dates and terms of any recorded protective order.

(c) The data, records and transmittals required under this

Section shall pertain to:

(1) any valid emergency, interim or plenary domestic

violence order of protection, civil no contact or stalking

no contact order issued in a civil proceeding; and

(2) any valid ex parte or final protective order

issued in a criminal proceeding or authorized under the

laws of another state, tribe, or United States territory.

(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

(725 ILCS 5/115-15)

Sec. 115-15. Laboratory reports.

(a) In any criminal prosecution for a violation of the

Cannabis Control Act, the Illinois Controlled Substances Act,

or the Methamphetamine Control and Community Protection Act, a

laboratory report from the Illinois Department of State

Police, Division of Forensic Services, that is signed and

sworn to by the person performing an analysis and that states

(1) that the substance that is the basis of the alleged

violation has been weighed and analyzed, and (2) the person's

findings as to the contents, weight and identity of the

substance, and (3) that it contains any amount of a controlled

substance or cannabis is prima facie evidence of the contents,

identity and weight of the substance. Attached to the report

shall be a copy of a notarized statement by the signer of the

report giving the name of the signer and stating (i) that he or

she is an employee of the Illinois Department of State Police,

Division of Forensic Services, (ii) the name and location of

the laboratory where the analysis was performed, (iii) that

performing the analysis is a part of his or her regular duties,

and (iv) that the signer is qualified by education, training

and experience to perform the analysis. The signer shall also

allege that scientifically accepted tests were performed with

due caution and that the evidence was handled in accordance

with established and accepted procedures while in the custody

of the laboratory.

(a-5) In any criminal prosecution for reckless homicide

under Section 9-3 of the Criminal Code of 1961 or the Criminal

Code of 2012, or driving under the influence of alcohol, other

drug, or combination of both, in violation of Section 11-501

of the Illinois Vehicle Code or in any civil action held under

a statutory summary suspension or revocation hearing under

Section 2-118.1 of the Illinois Vehicle Code, a laboratory

report from the Illinois Department of State Police, Division

of Forensic Services, that is signed and sworn to by the person

performing an analysis, and that states that the sample of

blood, other bodily substance, or urine was tested for alcohol

or drugs, and contains the person's findings as to the

presence and amount of alcohol or drugs and type of drug is

prima facie evidence of the presence, content, and amount of

the alcohol or drugs analyzed in the blood, other bodily

substance, or urine. Attached to the report must be a copy of a

notarized statement by the signer of the report giving the

name of the signer and stating (1) that he or she is an

employee of the Illinois Department of State Police, Division

of Forensic Services, (2) the name and location of the

laboratory where the analysis was performed, (3) that

performing the analysis is a part of his or her regular duties,

(4) that the signer is qualified by education, training, and

experience to perform the analysis, and (5) that

scientifically accepted tests were performed with due caution

and that the evidence was handled in accordance with

established and accepted procedures while in the custody of

the laboratory.

(b) The State's Attorney shall serve a copy of the report

on the attorney of record for the accused, or on the accused if

he or she has no attorney, before any proceeding in which the

report is to be used against the accused other than at a

preliminary hearing or grand jury hearing when the report may

be used without having been previously served upon the

accused.

(c) The report shall not be prima facie evidence if the

accused or his or her attorney demands the testimony of the

person signing the report by serving the demand upon the

State's Attorney within 7 days from the accused or his or her

attorney's receipt of the report.

(Source: P.A. 99-697, eff. 7-29-16.)

(725 ILCS 5/116-3)

Sec. 116-3. Motion for fingerprint, Integrated Ballistic

Identification System, or forensic testing not available at

trial or guilty plea regarding actual innocence.

(a) A defendant may make a motion before the trial court

that entered the judgment of conviction in his or her case for

the performance of fingerprint, Integrated Ballistic

Identification System, or forensic DNA testing, including

comparison analysis of genetic marker groupings of the

evidence collected by criminal justice agencies pursuant to

the alleged offense, to those of the defendant, to those of

other forensic evidence, and to those maintained under

subsection (f) of Section 5-4-3 of the Unified Code of

Corrections, on evidence that was secured in relation to the

trial or guilty plea which resulted in his or her conviction,

and:

(1) was not subject to the testing which is now

requested at the time of trial; or

(2) although previously subjected to testing, can be

subjected to additional testing utilizing a method that

was not scientifically available at the time of trial that

provides a reasonable likelihood of more probative

results.

Reasonable notice of the motion shall be served upon the

State.

(b) The defendant must present a prima facie case that:

(1) identity was the issue in the trial or guilty plea

which resulted in his or her conviction; and

(2) the evidence to be tested has been subject to a

chain of custody sufficient to establish that it has not

been substituted, tampered with, replaced, or altered in

any material aspect.

(c) The trial court shall allow the testing under

reasonable conditions designed to protect the State's

interests in the integrity of the evidence and the testing

process upon a determination that:

(1) the result of the testing has the scientific

potential to produce new, noncumulative evidence (i)

materially relevant to the defendant's assertion of actual

innocence when the defendant's conviction was the result

of a trial, even though the results may not completely

exonerate the defendant, or (ii) that would raise a

reasonable probability that the defendant would have been

acquitted if the results of the evidence to be tested had

been available prior to the defendant's guilty plea and

the petitioner had proceeded to trial instead of pleading

guilty, even though the results may not completely

exonerate the defendant; and

(2) the testing requested employs a scientific method

generally accepted within the relevant scientific

community.

(d) If evidence previously tested pursuant to this Section

reveals an unknown fingerprint from the crime scene that does

not match the defendant or the victim, the order of the Court

shall direct the prosecuting authority to request the Illinois

State Police Bureau of Forensic Science to submit the unknown

fingerprint evidence into the FBI's Integrated Automated

Fingerprint Identification System (AIFIS) for identification.

(e) In the court's order to allow testing, the court shall

order the investigating authority to prepare an inventory of

the evidence related to the case and issue a copy of the

inventory to the prosecution, the petitioner, and the court.

(f) When a motion is filed to vacate based on favorable

post-conviction testing results, the State may, upon request,

reactivate victim services for the victim of the crime during

the pendency of the proceedings, and, as determined by the

court after consultation with the victim or victim advocate,

or both, following final adjudication of the case.

(Source: P.A. 98-948, eff. 8-15-14.)

(725 ILCS 5/116-4)

Sec. 116-4. Preservation of evidence for forensic testing.

(a) Before or after the trial in a prosecution for a

violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the

Criminal Code of 1961 or the Criminal Code of 2012 or in a

prosecution for an offense defined in Article 9 of that Code,

or in a prosecution for an attempt in violation of Section 8-4

of that Code of any of the above-enumerated offenses, unless

otherwise provided herein under subsection (b) or (c), a law

enforcement agency or an agent acting on behalf of the law

enforcement agency shall preserve, subject to a continuous

chain of custody, any physical evidence in their possession or

control that is reasonably likely to contain forensic

evidence, including, but not limited to, fingerprints or

biological material secured in relation to a trial and with

sufficient documentation to locate that evidence.

(b) After a judgment of conviction is entered, the

evidence shall either be impounded with the Clerk of the

Circuit Court or shall be securely retained by a law

enforcement agency. Retention shall be permanent in cases

where a sentence of death is imposed. Retention shall be until

the completion of the sentence, including the period of

mandatory supervised release for the offense, or January 1,

2006, whichever is later, for any conviction for an offense or

an attempt of an offense defined in Article 9 of the Criminal

Code of 1961 or the Criminal Code of 2012 or in Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012 or for 7 years following any conviction

for any other felony for which the defendant's genetic profile

may be taken by a law enforcement agency and submitted for

comparison in a forensic DNA database for unsolved offenses.

(c) After a judgment of conviction is entered, the law

enforcement agency required to retain evidence described in

subsection (a) may petition the court with notice to the

defendant or, in cases where the defendant has died, his

estate, his attorney of record, or an attorney appointed for

that purpose by the court for entry of an order allowing it to

dispose of evidence if, after a hearing, the court determines

by a preponderance of the evidence that:

(1) it has no significant value for forensic science

analysis and should be returned to its rightful owner,

destroyed, used for training purposes, or as otherwise

provided by law; or

(2) it has no significant value for forensic science

analysis and is of a size, bulk, or physical character not

usually retained by the law enforcement agency and cannot

practicably be retained by the law enforcement agency; or

(3) there no longer exists a reasonable basis to

require the preservation of the evidence because of the

death of the defendant; however, this paragraph (3) does

not apply if a sentence of death was imposed.

(d) The court may order the disposition of the evidence if

the defendant is allowed the opportunity to take reasonable

measures to remove or preserve portions of the evidence in

question for future testing.

(d-5) Any order allowing the disposition of evidence

pursuant to subsection (c) or (d) shall be a final and

appealable order. No evidence shall be disposed of until 30

days after the order is entered, and if a notice of appeal is

filed, no evidence shall be disposed of until the mandate has

been received by the circuit court from the appellate court.

(d-10) All records documenting the possession, control,

storage, and destruction of evidence and all police reports,

evidence control or inventory records, and other reports cited

in this Section, including computer records, must be retained

for as long as the evidence exists and may not be disposed of

without the approval of the Local Records Commission.

(e) In this Section, "law enforcement agency" includes any

of the following or an agent acting on behalf of any of the

following: a municipal police department, county sheriff's

office, any prosecuting authority, the Illinois Department of

State Police, or any other State, university, county, federal,

or municipal police unit or police force.

"Biological material" includes, but is not limited to, any

blood, hair, saliva, or semen from which genetic marker

groupings may be obtained.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

(725 ILCS 5/116-5)

Sec. 116-5. Motion for DNA database search (genetic marker

groupings comparison analysis).

(a) Upon motion by a defendant charged with any offense

where DNA evidence may be material to the defense

investigation or relevant at trial, a court may order a DNA

database search by the Illinois Department of State Police.

Such analysis may include comparing:

(1) the genetic profile from forensic evidence that

was secured in relation to the trial against the genetic

profile of the defendant,

(2) the genetic profile of items of forensic evidence

secured in relation to trial to the genetic profile of

other forensic evidence secured in relation to trial, or

(3) the genetic profiles referred to in subdivisions

(1) and (2) against:

(i) genetic profiles of offenders maintained under

subsection (f) of Section 5-4-3 of the Unified Code of

Corrections, or

(ii) genetic profiles, including but not limited

to, profiles from unsolved crimes maintained in state

or local DNA databases by law enforcement agencies.

(b) If appropriate federal criteria are met, the court may

order the Illinois Department of State Police to request the

National DNA index system to search its database of genetic

profiles.

(c) If requested by the defense, a defense representative

shall be allowed to view any genetic marker grouping analysis

conducted by the Illinois Department of State Police. The

defense shall be provided with copies of all documentation,

correspondence, including digital correspondence, notes,

memoranda, and reports generated in relation to the analysis.

(d) Reasonable notice of the motion shall be served upon

the State.

(Source: P.A. 93-605, eff. 11-19-03.)

(725 ILCS 5/124B-605)

Sec. 124B-605. Distribution of property and sale proceeds.

(a) All moneys and the sale proceeds of all other property

forfeited and seized under this Part 600 shall be distributed

as follows:

(1) 50% shall be distributed to the unit of local

government whose officers or employees conducted the

investigation into computer fraud and caused the arrest or

arrests and prosecution leading to the forfeiture. Amounts

distributed to units of local government shall be used for

training or enforcement purposes relating to detection,

investigation, or prosecution of financial crimes,

including computer fraud. If, however, the investigation,

arrest or arrests, and prosecution leading to the

forfeiture were undertaken solely by a State agency, the

portion provided under this paragraph (1) shall be paid

into the State Police Services Fund of the Illinois

Department of State Police to be used for training or

enforcement purposes relating to detection, investigation,

or prosecution of financial crimes, including computer

fraud.

(2) 50% shall be distributed to the county in which

the prosecution and petition for forfeiture resulting in

the forfeiture was instituted by the State's Attorney and

shall be deposited into a special fund in the county

treasury and appropriated to the State's Attorney for use

in training or enforcement purposes relating to detection,

investigation, or prosecution of financial crimes,

including computer fraud. If a prosecution and petition

for forfeiture resulting in the forfeiture has been

maintained by the Attorney General, 50% of the proceeds

shall be paid into the Attorney General's Financial Crime

Prevention Fund. If the Attorney General and the State's

Attorney have participated jointly in any part of the

proceedings, 25% of the proceeds forfeited shall be paid

to the county in which the prosecution and petition for

forfeiture resulting in the forfeiture occurred, and 25%

shall be paid into the Attorney General's Financial Crime

Prevention Fund to be used for the purposes stated in this

paragraph (2).

(b) Before any distribution under subsection (a), the

Attorney General or State's Attorney shall retain from the

forfeited moneys or sale proceeds, or both, sufficient moneys

to cover expenses related to the administration and sale of

the forfeited property.

(Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-705)

Sec. 124B-705. Seizure and inventory of property subject

to forfeiture. Property taken or detained under this Part

shall not be subject to replevin, but is deemed to be in the

custody of the Director of the Illinois State Police subject

only to the order and judgments of the circuit court having

jurisdiction over the forfeiture proceedings and the decisions

of the Attorney General or State's Attorney under this

Article. When property is seized under this Article, the

seizing agency shall promptly conduct an inventory of the

seized property and estimate the property's value and shall

forward a copy of the estimate of the property's value to the

Director of the Illinois State Police. Upon receiving the

notice of seizure, the Director may do any of the following:

(1) Place the property under seal.

(2) Remove the property to a place designated by the

Director.

(3) Keep the property in the possession of the seizing

agency.

(4) Remove the property to a storage area for

safekeeping or, if the property is a negotiable instrument

or money and is not needed for evidentiary purposes,

deposit it in an interest bearing account.

(5) Place the property under constructive seizure by

posting notice of the pending forfeiture on it, by giving

notice of the pending forfeiture to its owners and

interest holders, or by filing a notice of the pending

forfeiture in any appropriate public record relating to

the property.

(6) Provide for another agency or custodian, including

an owner, secured party, or lienholder, to take custody of

the property on terms and conditions set by the Director.

(Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-710)

Sec. 124B-710. Sale of forfeited property by Director of

the Illinois State Police.

(a) The court shall authorize the Director of the Illinois

State Police to seize any property declared forfeited under

this Article on terms and conditions the court deems proper.

(b) When property is forfeited under this Part 700, the

Director of the Illinois State Police shall sell the property

unless the property is required by law to be destroyed or is

harmful to the public. The Director shall distribute the

proceeds of the sale, together with any moneys forfeited or

seized, in accordance with Section 124B-715.

(c) (Blank).

(Source: P.A. 100-512, eff. 7-1-18.)

(725 ILCS 5/124B-930)

Sec. 124B-930. Disposal of property.

(a) Real property taken or detained under this Part is not

subject to replevin, but is deemed to be in the custody of the

Director of the Illinois State Police subject only to the

order and judgments of the circuit court having jurisdiction

over the forfeiture proceedings and the decisions of the

State's Attorney or Attorney General under this Article.

(b) When property is forfeited under this Article, the

Director of the Illinois State Police shall sell all such

property and shall distribute the proceeds of the sale,

together with any moneys forfeited or seized, in accordance

with Section 124B-935.

(Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-935)

Sec. 124B-935. Distribution of property and sale proceeds.

All moneys and the sale proceeds of all other property

forfeited and seized under this Part 900 shall be distributed

as follows:

(1) 65% shall be distributed to the local, municipal,

county, or State law enforcement agency or agencies that

conducted or participated in the investigation resulting

in the forfeiture. The distribution shall bear a

reasonable relationship to the degree of direct

participation of the law enforcement agency in the effort

resulting in the forfeiture, taking into account the total

value of the property forfeited and the total law

enforcement effort with respect to the violation of the

law upon which the forfeiture is based.

(2) 12.5% shall be distributed to the Office of the

State's Attorney of the county in which the prosecution

resulting in the forfeiture was instituted for use in the

enforcement of laws, including laws governing animal

fighting.

(3) 12.5% shall be distributed to the Illinois

Department of Agriculture for reimbursement of expenses

incurred in the investigation, prosecution, and appeal of

cases arising under laws governing animal fighting.

(4) 10% shall be retained by the Illinois Department

of State Police for expenses related to the administration

and sale of seized and forfeited property.

(Source: P.A. 96-712, eff. 1-1-10.)

Section 1025. The Drug Asset Forfeiture Procedure Act is

amended by changing Sections 3.1, 3.3, 4, 5.1, 6, 11, 13.1, and

13.2 as follows:

(725 ILCS 150/3.1)

Sec. 3.1. Seizure.

(a) Actual physical seizure of real property subject to

forfeiture under this Act requires the issuance of a seizure

warrant. Nothing in this Section prohibits the constructive

seizure of real property through the filing of a complaint for

forfeiture in circuit court and the recording of a lis pendens

against the real property without a hearing, warrant

application, or judicial approval.

(b) Personal property subject to forfeiture under the

Illinois Controlled Substances Act, the Cannabis Control Act,

the Illinois Food, Drug and Cosmetic Act, or the

Methamphetamine Control and Community Protection Act may be

seized by the Director of the Illinois State Police or any

peace officer upon process or seizure warrant issued by any

court having jurisdiction over the property.

(c) Personal property subject to forfeiture under the

Illinois Controlled Substances Act, the Cannabis Control Act,

the Illinois Food, Drug and Cosmetic Act, or the

Methamphetamine Control and Community Protection Act may be

seized by the Director of the Illinois State Police or any

peace officer without process:

(1) if the seizure is incident to inspection under an

administrative inspection warrant;

(2) if the property subject to seizure has been the

subject of a prior judgment in favor of the State in a

criminal proceeding or in an injunction or forfeiture

proceeding based upon this Act;

(3) if there is probable cause to believe that the

property is directly or indirectly dangerous to health or

safety;

(4) if there is probable cause to believe that the

property is subject to forfeiture under the Illinois

Controlled Substances Act, the Cannabis Control Act, the

Illinois Food, Drug and Cosmetic Act, or the

Methamphetamine Control and Community Protection Act, and

the property is seized under circumstances in which a

warrantless seizure or arrest would be reasonable; or

(5) under the Code of Criminal Procedure of 1963.

(d) If a conveyance is seized under this Act, an

investigation shall be made by the law enforcement agency as

to any person whose right, title, interest, or lien is of

record in the office of the agency or official in which title

to or interest in the conveyance is required by law to be

recorded.

(e) After seizure under this Section, notice shall be

given to all known interest holders that forfeiture

proceedings, including a preliminary review, may be instituted

and the proceedings may be instituted under this Act. Upon a

showing of good cause related to an ongoing investigation, the

notice required for a preliminary review under this Section

may be postponed.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/3.3)

Sec. 3.3. Safekeeping of seized property pending

disposition.

(a) Property seized under this Act is deemed to be in the

custody of the Director of the Illinois State Police, subject

only to the order and judgments of the circuit court having

jurisdiction over the forfeiture proceedings and the decisions

of the State's Attorney under this Act.

(b) If property is seized under this Act, the seizing

agency shall promptly conduct an inventory of the seized

property and estimate the property's value and shall forward a

copy of the inventory of seized property and the estimate of

the property's value to the Director of the Illinois State

Police. Upon receiving notice of seizure, the Director of the

Illinois State Police may:

(1) place the property under seal;

(2) remove the property to a place designated by the

seizing agency;

(3) keep the property in the possession of the

Director of the Illinois State Police;

(4) remove the property to a storage area for

safekeeping;

(5) place the property under constructive seizure by

posting notice of pending forfeiture on it, by giving

notice of pending forfeiture to its owners and interest

holders, or by filing notice of pending forfeiture in any

appropriate public record relating to the property; or

(6) provide for another agency or custodian, including

an owner, secured party, or lienholder, to take custody of

the property upon the terms and conditions set by the

seizing agency.

(c) The seizing agency is required to exercise ordinary

care to protect the seized property from negligent loss,

damage, or destruction.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

100-1163, eff. 12-20-18.)

(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)

Sec. 4. Notice to owner or interest holder. The first

attempted service of notice shall be commenced within 28 days

of the filing of the verified claim or the receipt of the

notice from the seizing agency by Illinois State Police

Notice/Inventory of Seized Property (Form 4-64), whichever

occurs sooner. A complaint for forfeiture or a notice of

pending forfeiture shall be served upon the property owner or

interest holder in the following manner:

(1) If the owner's or interest holder's name and

current address are known, then by either:

(A) personal service; or

(B) mailing a copy of the notice by certified

mail, return receipt requested, and first class mail

to that address.

(i) If notice is sent by certified mail and no

signed return receipt is received by the State's

Attorney within 28 days of mailing, and no

communication from the owner or interest holder is

received by the State's Attorney documenting

actual notice by said parties, then the State's

Attorney shall, within a reasonable period of

time, mail a second copy of the notice by

certified mail, return receipt requested, and

first class mail to that address.

(ii) If no signed return receipt is received

by the State's Attorney within 28 days of the

second attempt at service by certified mail, and

no communication from the owner or interest holder

is received by the State's Attorney documenting

actual notice by said parties, then the State's

Attorney shall have 60 days to attempt to serve

the notice by personal service, which also

includes substitute service by leaving a copy at

the usual place of abode, with some person of the

family or a person residing there, of the age of 13

years or upwards. If, after 3 attempts at service

in this manner, no service of the notice is

accomplished, then the notice shall be posted in a

conspicuous manner at this address and service

shall be made by posting.

The attempts at service and the posting, if

required, shall be documented by the person

attempting service and said documentation shall be

made part of a return of service returned to the

State's Attorney.

The State's Attorney may utilize any Sheriff

or Deputy Sheriff, any peace officer, a private

process server or investigator, or any employee,

agent, or investigator of the State's Attorney's

Office to attempt service without seeking leave of

court.

After the procedures set forth are followed,

service shall be effective on an owner or interest

holder on the date of receipt by the State's

Attorney of a return receipt, or on the date of

receipt of a communication from an owner or

interest holder documenting actual notice,

whichever is first in time, or on the date of the

last act performed by the State's Attorney in

attempting personal service under subparagraph

(ii) above. If notice is to be shown by actual

notice from communication with a claimant, then

the State's Attorney shall file an affidavit

providing details of the communication, which may

be accepted as sufficient proof of service by the

court.

After a claimant files a verified claim with

the State's Attorney and provides an address at

which the claimant will accept service, the

complaint shall be served and notice shall be

perfected upon mailing of the complaint to the

claimant at the address the claimant provided via

certified mail, return receipt requested, and

first class mail. No return receipt need be

received, or any other attempts at service need be

made to comply with service and notice

requirements under this Act. This certified

mailing, return receipt requested, shall be proof

of service of the complaint on the claimant.

For purposes of notice under this Section, if

a person has been arrested for the conduct giving

rise to the forfeiture, then the address provided

to the arresting agency at the time of arrest

shall be deemed to be that person's known address.

Provided, however, if an owner or interest

holder's address changes prior to the effective

date of the notice of pending forfeiture, the

owner or interest holder shall promptly notify the

seizing agency of the change in address or, if the

owner or interest holder's address changes

subsequent to the effective date of the notice of

pending forfeiture, the owner or interest holder

shall promptly notify the State's Attorney of the

change in address; or if the property seized is a

conveyance, to the address reflected in the office

of the agency or official in which title to or

interest in the conveyance is required by law to

be recorded.

(2) If the owner's or interest holder's address is not

known, and is not on record, then notice shall be served by

publication for 3 successive weeks in a newspaper of

general circulation in the county in which the seizure

occurred.

(3) After a claimant files a verified claim with the

State's Attorney and provides an address at which the

claimant will accept service, the complaint shall be

served and notice shall be perfected upon mailing of the

complaint to the claimant at the address the claimant

provided via certified mail, return receipt requested, and

first class mail. No return receipt need be received or

any other attempts at service need be made to comply with

service and notice requirements under this Act. This

certified mailing, return receipt requested, shall be

proof of service of the complaint on the claimant.

(4) Notice to any business entity, corporation,

limited liability company, limited liability partnership,

or partnership shall be completed by a single mailing of a

copy of the notice by certified mail, return receipt

requested, and first class mail to that address. This

notice is complete regardless of the return of a signed

return receipt.

(5) Notice to a person whose address is not within the

State shall be completed by a single mailing of a copy of

the notice by certified mail, return receipt requested,

and first class mail to that address. This notice is

complete regardless of the return of a signed return

receipt.

(6) Notice to a person whose address is not within the

United States shall be completed by a single mailing of a

copy of the notice by certified mail, return receipt

requested, and first class mail to that address. This

notice shall be complete regardless of the return of a

signed return receipt. If certified mail is not available

in the foreign country where the person has an address,

then notice shall proceed by publication under paragraph

(2) of this Section.

(7) Notice to any person whom the State's Attorney

reasonably should know is incarcerated within the State

shall also include the mailing a copy of the notice by

certified mail, return receipt requested, and first class

mail to the address of the detention facility with the

inmate's name clearly marked on the envelope.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

100-1163, eff. 12-20-18.)

(725 ILCS 150/5.1)

Sec. 5.1. Replevin prohibited; return of personal property

inside seized conveyance.

(a) Property seized under this Act shall not be subject to

replevin, but is deemed to be in the custody of the Director of

the Illinois State Police, subject only to the order and

judgments of the circuit court having jurisdiction over the

forfeiture proceedings and the decisions of the State's

Attorney.

(b) A claimant or a party interested in personal property

contained within a seized conveyance may file a request with

the State's Attorney in an administrative forfeiture action,

or a motion with the court in a judicial forfeiture action, for

the return of any personal property contained within a

conveyance seized under this Act. The return of personal

property shall not be unreasonably withheld if the personal

property is not mechanically or electrically coupled to the

conveyance, needed for evidentiary purposes, or otherwise

contraband. A law enforcement agency that returns property

under a court order under this Section shall not be liable to

any person who claims ownership to the property if the

property is returned to an improper party.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)

Sec. 6. Non-judicial forfeiture. If non-real property that

exceeds $150,000 in value excluding the value of any

conveyance, or if real property is seized under the provisions

of the Illinois Controlled Substances Act, the Cannabis

Control Act, or the Methamphetamine Control and Community

Protection Act, the State's Attorney shall institute judicial

in rem forfeiture proceedings as described in Section 9 of

this Act within 28 days from receipt of notice of seizure from

the seizing agency under Section 5 of this Act. However, if

non-real property that does not exceed $150,000 in value

excluding the value of any conveyance is seized, the following

procedure shall be used:

(A) If, after review of the facts surrounding the

seizure, the State's Attorney is of the opinion that the

seized property is subject to forfeiture, then, within 28

days of the receipt of notice of seizure from the seizing

agency, the State's Attorney shall cause notice of pending

forfeiture to be given to the owner of the property and all

known interest holders of the property in accordance with

Section 4 of this Act.

(B) The notice of pending forfeiture must include a

description of the property, the estimated value of the

property, the date and place of seizure, the conduct

giving rise to forfeiture or the violation of law alleged,

and a summary of procedures and procedural rights

applicable to the forfeiture action.

(C)(1) Any person claiming an interest in property

which is the subject of notice under subsection (A) of

this Section may, within 45 days after the effective date

of notice as described in Section 4 of this Act, file a

verified claim with the State's Attorney expressing his or

her interest in the property. The claim must set forth:

(i) the caption of the proceedings as set forth on

the notice of pending forfeiture and the name of the

claimant;

(ii) the address at which the claimant will accept

mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the

interest in the property;

(v) the names and addresses of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.

(2) If a claimant files the claim then the State's

Attorney shall institute judicial in rem forfeiture

proceedings within 28 days after receipt of the claim.

(D) If no claim is filed within the 45-day period as

described in subsection (C) of this Section, the State's

Attorney shall declare the property forfeited and shall

promptly notify the owner and all known interest holders

of the property and the Director of the Illinois

Department of State Police of the declaration of

forfeiture and the Director shall dispose of the property

in accordance with law.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

100-1163, eff. 12-20-18.)

(725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)

Sec. 11. Settlement of claims. Notwithstanding other

provisions of this Act, the State's Attorney and a claimant of

seized property may enter into an agreed-upon settlement

concerning the seized property in such an amount and upon such

terms as are set out in writing in a settlement agreement. All

proceeds from a settlement agreement shall be tendered to the

Illinois Department of State Police and distributed in

accordance with the provisions of Section 13.2 of this Act.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/13.1) (was 725 ILCS 150/15)

Sec. 13.1. Return of property, damages, and costs.

(a) The law enforcement agency that holds custody of

property seized for forfeiture shall deliver property ordered

by the court to be returned or conveyed to the claimant within

a reasonable time not to exceed 7 days, unless the order is

stayed by the trial court or a reviewing court pending an

appeal, motion to reconsider, or other reason.

(b) The law enforcement agency that holds custody of

property described in subsection (a) of this Section is

responsible for any damages, storage fees, and related costs

applicable to property returned. The claimant shall not be

subject to any charges by the State for storage of the property

or expenses incurred in the preservation of the property.

Charges for the towing of a conveyance shall be borne by the

claimant unless the conveyance was towed for the sole reason

of seizure for forfeiture. This Section does not prohibit the

imposition of any fees or costs by a home rule unit of local

government related to the impoundment of a conveyance pursuant

to an ordinance enacted by the unit of government.

(c) A law enforcement agency shall not retain forfeited

property for its own use or transfer the property to any person

or entity, except as provided under this Section. A law

enforcement agency may apply in writing to the Director of the

Illinois State Police to request that forfeited property be

awarded to the agency for a specifically articulated official

law enforcement use in an investigation. The Director of the

Illinois State Police shall provide a written justification in

each instance detailing the reasons why the forfeited property

was placed into official use and the justification shall be

retained for a period of not less than 3 years.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/13.2) (was 725 ILCS 150/17)

Sec. 13.2. Distribution of proceeds; selling or retaining

seized property prohibited.

(a) Except as otherwise provided in this Section, the

court shall order that property forfeited under this Act be

delivered to the Illinois Department of State Police within 60

days.

(b) All moneys and the sale proceeds of all other property

forfeited and seized under this Act shall be distributed as

follows:

(1)(i) 65% shall be distributed to the metropolitan

enforcement group, local, municipal, county, or State law

enforcement agency or agencies that conducted or

participated in the investigation resulting in the

forfeiture. The distribution shall bear a reasonable

relationship to the degree of direct participation of the

law enforcement agency in the effort resulting in the

forfeiture, taking into account the total value of the

property forfeited and the total law enforcement effort

with respect to the violation of the law upon which the

forfeiture is based. Amounts distributed to the agency or

agencies shall be used for the enforcement of laws

governing cannabis and controlled substances; for public

education in the community or schools in the prevention or

detection of the abuse of drugs or alcohol; or for

security cameras used for the prevention or detection of

violence, except that amounts distributed to the Secretary

of State shall be deposited into the Secretary of State

Evidence Fund to be used as provided in Section 2-115 of

the Illinois Vehicle Code.

(ii) Any local, municipal, or county law enforcement

agency entitled to receive a monetary distribution of

forfeiture proceeds may share those forfeiture proceeds

pursuant to the terms of an intergovernmental agreement

with a municipality that has a population in excess of

20,000 if:

(A) the receiving agency has entered into an

intergovernmental agreement with the municipality to

provide police services;

(B) the intergovernmental agreement for police

services provides for consideration in an amount of

not less than $1,000,000 per year;

(C) the seizure took place within the geographical

limits of the municipality; and

(D) the funds are used only for the enforcement of

laws governing cannabis and controlled substances; for

public education in the community or schools in the

prevention or detection of the abuse of drugs or

alcohol; or for security cameras used for the

prevention or detection of violence or the

establishment of a municipal police force, including

the training of officers, construction of a police

station, or the purchase of law enforcement equipment

or vehicles.

(2)(i) 12.5% shall be distributed to the Office of the

State's Attorney of the county in which the prosecution

resulting in the forfeiture was instituted, deposited in a

special fund in the county treasury and appropriated to

the State's Attorney for use in the enforcement of laws

governing cannabis and controlled substances; for public

education in the community or schools in the prevention or

detection of the abuse of drugs or alcohol; or, at the

discretion of the State's Attorney, in addition to other

authorized purposes, to make grants to local substance

abuse treatment facilities and half-way houses. In

counties over 3,000,000 population, 25% shall be

distributed to the Office of the State's Attorney for use

in the enforcement of laws governing cannabis and

controlled substances; for public education in the

community or schools in the prevention or detection of the

abuse of drugs or alcohol; or at the discretion of the

State's Attorney, in addition to other authorized

purposes, to make grants to local substance abuse

treatment facilities and half-way houses. If the

prosecution is undertaken solely by the Attorney General,

the portion provided shall be distributed to the Attorney

General for use in the enforcement of laws governing

cannabis and controlled substances or for public education

in the community or schools in the prevention or detection

of the abuse of drugs or alcohol.

(ii) 12.5% shall be distributed to the Office of the

State's Attorneys Appellate Prosecutor and deposited in

the Narcotics Profit Forfeiture Fund of that office to be

used for additional expenses incurred in the

investigation, prosecution and appeal of cases arising

under laws governing cannabis and controlled substances,

together with administrative expenses, and for legal

education or for public education in the community or

schools in the prevention or detection of the abuse of

drugs or alcohol. The Office of the State's Attorneys

Appellate Prosecutor shall not receive distribution from

cases brought in counties with over 3,000,000 population.

(3) 10% shall be retained by the Illinois Department

of State Police for expenses related to the administration

and sale of seized and forfeited property.

(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;

101-10, eff. 6-5-19.)

Section 1030. The Narcotics Profit Forfeiture Act is

amended by changing Sections 5 and 5.2 as follows:

(725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)

Sec. 5. (a) A person who commits the offense of narcotics

racketeering shall:

(1) be guilty of a Class 1 felony; and

(2) be subject to a fine of up to $250,000.

A person who commits the offense of narcotics racketeering

or who violates Section 3 of the Drug Paraphernalia Control

Act shall forfeit to the State of Illinois: (A) any profits or

proceeds and any property or property interest he has acquired

or maintained in violation of this Act or Section 3 of the Drug

Paraphernalia Control Act or has used to facilitate a

violation of this Act that the court determines, after a

forfeiture hearing, under subsection (b) of this Section to

have been acquired or maintained as a result of narcotics

racketeering or violating Section 3 of the Drug Paraphernalia

Control Act, or used to facilitate narcotics racketeering; and

(B) any interest in, security of, claim against, or property

or contractual right of any kind affording a source of

influence over, any enterprise which he has established,

operated, controlled, conducted, or participated in the

conduct of, in violation of this Act or Section 3 of the Drug

Paraphernalia Control Act, that the court determines, after a

forfeiture hearing, under subsection (b) of this Section to

have been acquired or maintained as a result of narcotics

racketeering or violating Section 3 of the Drug Paraphernalia

Control Act or used to facilitate narcotics racketeering.

(b) The court shall, upon petition by the Attorney General

or State's Attorney, at any time subsequent to the filing of an

information or return of an indictment, conduct a hearing to

determine whether any property or property interest is subject

to forfeiture under this Act. At the forfeiture hearing the

people shall have the burden of establishing, by a

preponderance of the evidence, that property or property

interests are subject to forfeiture under this Act. There is a

rebuttable presumption at such hearing that any property or

property interest of a person charged by information or

indictment with narcotics racketeering or who is convicted of

a violation of Section 3 of the Drug Paraphernalia Control Act

is subject to forfeiture under this Section if the State

establishes by a preponderance of the evidence that:

(1) such property or property interest was acquired by

such person during the period of the violation of this Act

or Section 3 of the Drug Paraphernalia Control Act or

within a reasonable time after such period; and

(2) there was no likely source for such property or

property interest other than the violation of this Act or

Section 3 of the Drug Paraphernalia Control Act.

(c) In an action brought by the People of the State of

Illinois under this Act, wherein any restraining order,

injunction or prohibition or any other action in connection

with any property or property interest subject to forfeiture

under this Act is sought, the circuit court which shall

preside over the trial of the person or persons charged with

narcotics racketeering as defined in Section 4 of this Act or

violating Section 3 of the Drug Paraphernalia Control Act

shall first determine whether there is probable cause to

believe that the person or persons so charged has committed

the offense of narcotics racketeering as defined in Section 4

of this Act or a violation of Section 3 of the Drug

Paraphernalia Control Act and whether the property or property

interest is subject to forfeiture pursuant to this Act.

In order to make such a determination, prior to entering

any such order, the court shall conduct a hearing without a

jury, wherein the People shall establish that there is: (i)

probable cause that the person or persons so charged have

committed the offense of narcotics racketeering or violating

Section 3 of the Drug Paraphernalia Control Act and (ii)

probable cause that any property or property interest may be

subject to forfeiture pursuant to this Act. Such hearing may

be conducted simultaneously with a preliminary hearing, if the

prosecution is commenced by information or complaint, or by

motion of the People, at any stage in the proceedings. The

court may accept a finding of probable cause at a preliminary

hearing following the filing of an information charging the

offense of narcotics racketeering as defined in Section 4 of

this Act or the return of an indictment by a grand jury

charging the offense of narcotics racketeering as defined in

Section 4 of this Act or after a charge is filed for violating

Section 3 of the Drug Paraphernalia Control Act as sufficient

evidence of probable cause as provided in item (i) above.

Upon such a finding, the circuit court shall enter such

restraining order, injunction or prohibition, or shall take

such other action in connection with any such property or

property interest subject to forfeiture under this Act, as is

necessary to insure that such property is not removed from the

jurisdiction of the court, concealed, destroyed or otherwise

disposed of by the owner of that property or property interest

prior to a forfeiture hearing under subsection (b) of this

Section. The Attorney General or State's Attorney shall file a

certified copy of such restraining order, injunction or other

prohibition with the recorder of deeds or registrar of titles

of each county where any such property of the defendant may be

located. No such injunction, restraining order or other

prohibition shall affect the rights of any bona fide

purchaser, mortgagee, judgment creditor or other lien holder

arising prior to the date of such filing.

The court may, at any time, upon verified petition by the

defendant, conduct a hearing to release all or portions of any

such property or interest which the court previously

determined to be subject to forfeiture or subject to any

restraining order, injunction, or prohibition or other action.

The court may release such property to the defendant for good

cause shown and within the sound discretion of the court.

(d) Prosecution under this Act may be commenced by the

Attorney General or a State's Attorney.

(e) Upon an order of forfeiture being entered pursuant to

subsection (b) of this Section, the court shall authorize the

Attorney General to seize any property or property interest

declared forfeited under this Act and under such terms and

conditions as the court shall deem proper. Any property or

property interest that has been the subject of an entered

restraining order, injunction or prohibition or any other

action filed under subsection (c) shall be forfeited unless

the claimant can show by a preponderance of the evidence that

the property or property interest has not been acquired or

maintained as a result of narcotics racketeering or has not

been used to facilitate narcotics racketeering.

(f) The Attorney General or his designee is authorized to

sell all property forfeited and seized pursuant to this Act,

unless such property is required by law to be destroyed or is

harmful to the public, and, after the deduction of all

requisite expenses of administration and sale, shall

distribute the proceeds of such sale, along with any moneys

forfeited or seized, in accordance with subsection (g) or (h),

whichever is applicable.

(g) All monies and the sale proceeds of all other property

forfeited and seized pursuant to this Act shall be distributed

as follows:

(1) An amount equal to 50% shall be distributed to the

unit of local government whose officers or employees

conducted the investigation into narcotics racketeering

and caused the arrest or arrests and prosecution leading

to the forfeiture. Amounts distributed to units of local

government shall be used for enforcement of laws governing

narcotics activity or for public education in the

community or schools in the prevention or detection of the

abuse of drugs or alcohol. In the event, however, that the

investigation, arrest or arrests and prosecution leading

to the forfeiture were undertaken solely by a State

agency, the portion provided hereunder shall be paid into

the Drug Traffic Prevention Fund in the State treasury to

be used for enforcement of laws governing narcotics

activity.

(2) An amount equal to 12.5% shall be distributed to

the county in which the prosecution resulting in the

forfeiture was instituted, deposited in a special fund in

the county treasury and appropriated to the State's

Attorney for use in the enforcement of laws governing

narcotics activity or for public education in the

community or schools in the prevention or detection of the

abuse of drugs or alcohol.

An amount equal to 12.5% shall be distributed to the

Office of the State's Attorneys Appellate Prosecutor and

deposited in the Narcotics Profit Forfeiture Fund, which

is hereby created in the State treasury, to be used by the

Office of the State's Attorneys Appellate Prosecutor for

additional expenses incurred in prosecuting appeals

arising under this Act. Any amounts remaining in the Fund

after all additional expenses have been paid shall be used

by the Office to reduce the participating county

contributions to the Office on a pro-rated basis as

determined by the board of governors of the Office of the

State's Attorneys Appellate Prosecutor based on the

populations of the participating counties.

(3) An amount equal to 25% shall be paid into the Drug

Traffic Prevention Fund in the State treasury to be used

by the Illinois Department of State Police for funding

Metropolitan Enforcement Groups created pursuant to the

Intergovernmental Drug Laws Enforcement Act. Any amounts

remaining in the Fund after full funding of Metropolitan

Enforcement Groups shall be used for enforcement, by the

State or any unit of local government, of laws governing

narcotics activity or for public education in the

community or schools in the prevention or detection of the

abuse of drugs or alcohol.

(h) Where the investigation or indictment for the offense

of narcotics racketeering or a violation of Section 3 of the

Drug Paraphernalia Control Act has occurred under the

provisions of the Statewide Grand Jury Act, all monies and the

sale proceeds of all other property shall be distributed as

follows:

(1) 60% shall be distributed to the metropolitan

enforcement group, local, municipal, county, or State law

enforcement agency or agencies which conducted or

participated in the investigation resulting in the

forfeiture. The distribution shall bear a reasonable

relationship to the degree of direct participation of the

law enforcement agency in the effort resulting in the

forfeiture, taking into account the total value of the

property forfeited and the total law enforcement effort

with respect to the violation of the law on which the

forfeiture is based. Amounts distributed to the agency or

agencies shall be used for the enforcement of laws

governing cannabis and controlled substances or for public

education in the community or schools in the prevention or

detection of the abuse of drugs or alcohol.

(2) 25% shall be distributed by the Attorney General

as grants to drug education, treatment and prevention

programs licensed or approved by the Department of Human

Services. In making these grants, the Attorney General

shall take into account the plans and service priorities

of, and the needs identified by, the Department of Human

Services.

(3) 15% shall be distributed to the Attorney General

and the State's Attorney, if any, participating in the

prosecution resulting in the forfeiture. The distribution

shall bear a reasonable relationship to the degree of

direct participation in the prosecution of the offense,

taking into account the total value of the property

forfeited and the total amount of time spent in preparing

and presenting the case, the complexity of the case and

other similar factors. Amounts distributed to the Attorney

General under this paragraph shall be retained in a fund

held by the State Treasurer as ex-officio custodian to be

designated as the Statewide Grand Jury Prosecution Fund

and paid out upon the direction of the Attorney General

for expenses incurred in criminal prosecutions arising

under the Statewide Grand Jury Act. Amounts distributed to

a State's Attorney shall be deposited in a special fund in

the county treasury and appropriated to the State's

Attorney for use in the enforcement of laws governing

narcotics activity or for public education in the

community or schools in the prevention or detection of the

abuse of drugs or alcohol.

(i) All monies deposited pursuant to this Act in the Drug

Traffic Prevention Fund established under Section 5-9-1.2 of

the Unified Code of Corrections are appropriated, on a

continuing basis, to the Illinois Department of State Police

to be used for funding Metropolitan Enforcement Groups created

pursuant to the Intergovernmental Drug Laws Enforcement Act or

otherwise for the enforcement of laws governing narcotics

activity or for public education in the community or schools

in the prevention or detection of the abuse of drugs or

alcohol.

(Source: P.A. 99-686, eff. 7-29-16.)

(725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)

Sec. 5.2. (a) Twelve and one-half percent of all amounts

collected as fines pursuant to the provisions of this Act

shall be paid into the Youth Drug Abuse Prevention Fund, which

is hereby created in the State treasury, to be used by the

Department of Human Services for the funding of programs and

services for drug-abuse treatment, and prevention and

education services, for juveniles.

(b) Eighty-seven and one-half percent of the proceeds of

all fines received under the provisions of this Act shall be

transmitted to and deposited in the treasurer's office at the

level of government as follows:

(1) If such seizure was made by a combination of law

enforcement personnel representing differing units of

local government, the court levying the fine shall

equitably allocate 50% of the fine among these units of

local government and shall allocate 37 1/2% to the county

general corporate fund. In the event that the seizure was

made by law enforcement personnel representing a unit of

local government from a municipality where the number of

inhabitants exceeds 2 million in population, the court

levying the fine shall allocate 87 1/2% of the fine to that

unit of local government. If the seizure was made by a

combination of law enforcement personnel representing

differing units of local government, and at least one of

those units represents a municipality where the number of

inhabitants exceeds 2 million in population, the court

shall equitably allocate 87 1/2% of the proceeds of the

fines received among the differing units of local

government.

(2) If such seizure was made by State law enforcement

personnel, then the court shall allocate 37 1/2% to the

State treasury and 50% to the county general corporate

fund.

(3) If a State law enforcement agency in combination

with a law enforcement agency or agencies of a unit or

units of local government conducted the seizure, the court

shall equitably allocate 37 1/2% of the fines to or among

the law enforcement agency or agencies of the unit or

units of local government which conducted the seizure and

shall allocate 50% to the county general corporate fund.

(c) The proceeds of all fines allocated to the law

enforcement agency or agencies of the unit or units of local

government pursuant to subsection (b) shall be made available

to that law enforcement agency as expendable receipts for use

in the enforcement of laws regulating controlled substances

and cannabis. The proceeds of fines awarded to the State

treasury shall be deposited in a special fund known as the Drug

Traffic Prevention Fund. Monies from this fund may be used by

the Illinois Department of State Police for use in the

enforcement of laws regulating controlled substances and

cannabis; to satisfy funding provisions of the

Intergovernmental Drug Laws Enforcement Act; to defray costs

and expenses associated with returning violators of the

Cannabis Control Act and the Illinois Controlled Substances

Act only, as provided in those Acts, when punishment of the

crime shall be confinement of the criminal in the

penitentiary; and all other monies shall be paid into the

general revenue fund in the State treasury.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 1035. The Sexual Assault Evidence Submission Act

is amended by changing Sections 5, 10, 15, 20, 25, 35, 42, 45,

and 50 as follows:

(725 ILCS 202/5)

Sec. 5. Definitions. In this Act:

"Commission" means the Sexual Assault Evidence Tracking

and Reporting Commission.

"Department" means the Department of State Police or

Illinois State Police.

"Law enforcement agencies" means local, county, State or

federal law enforcement agencies involved in the investigation

of sexual assault cases in Illinois.

"Sexual assault evidence" means evidence collected in

connection with a sexual assault investigation, including, but

not limited to, evidence collected using the Illinois State

Police Evidence Collection Kits.

(Source: P.A. 100-336, eff. 8-25-17.)

(725 ILCS 202/10)

Sec. 10. Submission of evidence. Law enforcement agencies

that receive sexual assault evidence that the victim of a

sexual assault or sexual abuse or a person authorized under

Section 6.5 of the Sexual Assault Survivors Emergency

Treatment Act has consented to allow law enforcement to test

in connection with the investigation of a criminal case on or

after the effective date of this Act must submit evidence from

the case within 10 business days of receipt of the consent to

test to an Illinois a Department of State Police forensic

laboratory or a laboratory approved and designated by the

Director of the Illinois State Police. The written report

required under Section 20 of the Sexual Assault Incident

Procedure Act shall include the date and time the sexual

assault evidence was picked up from the hospital, the date

consent to test the sexual assault evidence was given, and the

date and time the sexual assault evidence was sent to the

laboratory. Sexual assault evidence received by a law

enforcement agency within 30 days prior to the effective date

of this Act shall be submitted pursuant to this Section.

(Source: P.A. 99-801, eff. 1-1-17.)

(725 ILCS 202/15)

Sec. 15. Analysis of evidence; notification.

(a) All sexual assault evidence submitted pursuant to

Section 10 of this Act on or after the effective date of this

Act shall be analyzed within 6 months after receipt of all

necessary evidence and standards by the Illinois State Police

Laboratory or other designated laboratory if sufficient

staffing and resources are available.

(b) If a consistent DNA profile has been identified by

comparing the submitted sexual assault evidence with a known

standard from a suspect or with DNA profiles in the CODIS

database, the Illinois State Police Department shall notify

the investigating law enforcement agency of the results in

writing, and the Illinois State Police Department shall

provide an automatic courtesy copy of the written notification

to the appropriate State's Attorney's Office for tracking and

further action, as necessary.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/20)

Sec. 20. Inventory of evidence.

(a) By October 15, 2010, each Illinois law enforcement

agency shall provide written notice to the Illinois Department

of State Police, in a form and manner prescribed by the

Illinois State Police Department, stating the number of sexual

assault cases in the custody of the law enforcement agency

that have not been previously submitted to a laboratory for

analysis. Within 180 days after the effective date of this

Act, appropriate arrangements shall be made between the law

enforcement agency and the Illinois Department of State

Police, or a laboratory approved and designated by the

Director of the Illinois State Police, to ensure that all

cases that were collected prior to the effective date of this

Act and are, or were at the time of collection, the subject of

a criminal investigation, are submitted to the Illinois

Department of State Police, or a laboratory approved and

designated by the Director of the Illinois State Police.

(b) By February 15, 2011, the Illinois Department of State

Police shall submit to the Governor, the Attorney General, and

both houses of the General Assembly a plan for analyzing cases

submitted pursuant to this Section. The plan shall include but

not be limited to a timeline for completion of analysis and a

summary of the inventory received, as well as requests for

funding and resources necessary to meet the established

timeline. Should the Illinois State Police Department

determine it is necessary to outsource the forensic testing of

the cases submitted in accordance with this Section, all such

cases will be exempt from the provisions of subsection (n) of

Section 5-4-3 of the Unified Code of Corrections.

(c) Beginning June 1, 2016 or on and after the effective

date of this amendatory Act of the 99th General Assembly,

whichever is later, each law enforcement agency must conduct

an annual inventory of all sexual assault cases in the custody

of the law enforcement agency and provide written notice of

its annual findings to the State's Attorney's Office having

jurisdiction to ensure sexual assault cases are being

submitted as provided by law.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/25)

Sec. 25. Failure of a law enforcement agency to submit the

sexual assault evidence. The failure of a law enforcement

agency to submit the sexual assault evidence collected on or

after the effective date of this Act within 10 business days

after receipt shall in no way alter the authority of the law

enforcement agency to submit the evidence or the authority of

the Illinois Department of State Police forensic laboratory or

designated laboratory to accept and analyze the evidence or

specimen or to maintain or upload the results of genetic

marker grouping analysis information into a local, State, or

national database in accordance with established protocol.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/35)

Sec. 35. Expungement. If the Illinois State Police

Department receives written confirmation from the

investigating law enforcement agency or State's Attorney's

office that a DNA record that has been uploaded pursuant to

this Act into a local, State or national DNA database was not

connected to a criminal investigation, the DNA record shall be

expunged from the DNA database and the Illinois State Police

Department shall, by rule, prescribe procedures to ensure that

written confirmation is sent to the submitting law enforcement

agency verifying the expungement.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/42)

Sec. 42. Reporting. Beginning January 1, 2017 and each

year thereafter, the Illinois State Police Department shall

publish a quarterly report on its website, indicating a

breakdown of the number of sexual assault case submissions

from every law enforcement agency.

(Source: P.A. 99-617, eff. 7-22-16.)

(725 ILCS 202/45)

Sec. 45. Rules. The Illinois Department of State Police

shall promulgate rules that prescribe the procedures for the

operation of this Act, including expunging a DNA record.

(Source: P.A. 96-1011, eff. 9-1-10.)

(725 ILCS 202/50)

Sec. 50. Sexual assault evidence tracking system.

(a) On June 26, 2018, the Sexual Assault Evidence Tracking

and Reporting Commission issued its report as required under

Section 43. It is the intention of the General Assembly in

enacting the provisions of this amendatory Act of the 101st

General Assembly to implement the recommendations of the

Sexual Assault Evidence Tracking and Reporting Commission set

forth in that report in a manner that utilizes the current

resources of law enforcement agencies whenever possible and

that is adaptable to changing technologies and circumstances.

(a-1) Due to the complex nature of a statewide tracking

system for sexual assault evidence and to ensure all

stakeholders, including, but not limited to, victims and their

designees, health care facilities, law enforcement agencies,

forensic labs, and State's Attorneys offices are integrated,

the Commission recommended the purchase of an electronic

off-the-shelf tracking system. The system must be able to

communicate with all stakeholders and provide real-time

information to a victim or his or her designee on the status of

the evidence that was collected. The sexual assault evidence

tracking system must:

(1) be electronic and web-based;

(2) be administered by the Illinois Department of

State Police;

(3) have help desk availability at all times;

(4) ensure the law enforcement agency contact

information is accessible to the victim or his or her

designee through the tracking system, so there is contact

information for questions;

(5) have the option for external connectivity to

evidence management systems, laboratory information

management systems, or other electronic data systems

already in existence by any of the stakeholders to

minimize additional burdens or tasks on stakeholders;

(6) allow for the victim to opt in for automatic

notifications when status updates are entered in the

system, if the system allows;

(7) include at each step in the process, a brief

explanation of the general purpose of that step and a

general indication of how long the step may take to

complete;

(8) contain minimum fields for tracking and reporting,

as follows:

(A) for sexual assault evidence kit vendor fields:

(i) each sexual evidence kit identification

number provided to each health care facility; and

(ii) the date the sexual evidence kit was sent

to the health care facility.

(B) for health care facility fields:

(i) the date sexual assault evidence was

collected; and

(ii) the date notification was made to the law

enforcement agency that the sexual assault

evidence was collected.

(C) for law enforcement agency fields:

(i) the date the law enforcement agency took

possession of the sexual assault evidence from the

health care facility, another law enforcement

agency, or victim if he or she did not go through a

health care facility;

(ii) the law enforcement agency complaint

number;

(iii) if the law enforcement agency that takes

possession of the sexual assault evidence from a

health care facility is not the law enforcement

agency with jurisdiction in which the offense

occurred, the date when the law enforcement agency

notified the law enforcement agency having

jurisdiction that the agency has sexual assault

evidence required under subsection (c) of Section

20 of the Sexual Assault Incident Procedure Act;

(iv) an indication if the victim consented for

analysis of the sexual assault evidence;

(v) if the victim did not consent for analysis

of the sexual assault evidence, the date on which

the law enforcement agency is no longer required

to store the sexual assault evidence;

(vi) a mechanism for the law enforcement

agency to document why the sexual assault evidence

was not submitted to the laboratory for analysis,

if applicable;

(vii) the date the law enforcement agency

received the sexual assault evidence results back

from the laboratory;

(viii) the date statutory notifications were

made to the victim or documentation of why

notification was not made; and

(ix) the date the law enforcement agency

turned over the case information to the State's

Attorney office, if applicable.

(D) for forensic lab fields:

(i) the date the sexual assault evidence is

received from the law enforcement agency by the

forensic lab for analysis;

(ii) the laboratory case number, visible to

the law enforcement agency and State's Attorney

office; and

(iii) the date the laboratory completes the

analysis of the sexual assault evidence.

(E) for State's Attorney office fields:

(i) the date the State's Attorney office

received the sexual assault evidence results from

the laboratory, if applicable; and

(ii) the disposition or status of the case.

(a-2) The Commission also developed guidelines for secure

electronic access to a tracking system for a victim, or his or

her designee to access information on the status of the

evidence collected. The Commission recommended minimum

guidelines in order to safeguard confidentiality of the

information contained within this statewide tracking system.

These recommendations are that the sexual assault evidence

tracking system must:

(1) allow for secure access, controlled by an

administering body who can restrict user access and allow

different permissions based on the need of that particular

user and health care facility users may include

out-of-state border hospitals, if authorized by the

Illinois Department of State Police to obtain this State's

kits from vendor;

(2) provide for users, other than victims, the ability

to provide for any individual who is granted access to the

program their own unique user ID and password;

(3) provide for a mechanism for a victim to enter the

system and only access his or her own information;

(4) enable a sexual assault evidence to be tracked and

identified through the unique sexual assault evidence kit

identification number or barcode that the vendor applies

to each sexual assault evidence kit per the Illinois

Department of State Police's contract;

(5) have a mechanism to inventory unused kits provided

to a health care facility from the vendor;

(6) provide users the option to either scan the bar

code or manually enter the sexual assault evidence kit

number into the tracking program;

(7) provide a mechanism to create a separate unique

identification number for cases in which a sexual evidence

kit was not collected, but other evidence was collected;

(8) provide the ability to record date, time, and user

ID whenever any user accesses the system;

(9) provide for real-time entry and update of data;

(10) contain report functions including:

(A) health care facility compliance with

applicable laws;

(B) law enforcement agency compliance with

applicable laws;

(C) law enforcement agency annual inventory of

cases to each State's Attorney office; and

(D) forensic lab compliance with applicable laws;

and

(11) provide automatic notifications to the law

enforcement agency when:

(A) a health care facility has collected sexual

assault evidence;

(B) unreleased sexual assault evidence that is

being stored by the law enforcement agency has met the

minimum storage requirement by law; and

(C) timelines as required by law are not met for a

particular case, if not otherwise documented.

(b) The Illinois State Police Department shall develop

rules to implement a sexual assault evidence tracking system

that conforms with subsections (a-1) and (a-2) of this

Section. The Illinois State Police Department shall design the

criteria for the sexual assault evidence tracking system so

that, to the extent reasonably possible, the system can use

existing technologies and products, including, but not limited

to, currently available tracking systems. The sexual assault

evidence tracking system shall be operational and shall begin

tracking and reporting sexual assault evidence no later than

one year after the effective date of this amendatory Act of the

101st General Assembly. The Illinois State Police Department

may adopt additional rules as it deems necessary to ensure

that the sexual assault evidence tracking system continues to

be a useful tool for law enforcement.

(c) A treatment hospital, a treatment hospital with

approved pediatric transfer, an out-of-state hospital approved

by the Department of Public Health to receive transfers of

Illinois sexual assault survivors, or an approved pediatric

health care facility defined in Section 1a of the Sexual

Assault Survivors Emergency Treatment Act shall participate in

the sexual assault evidence tracking system created under this

Section and in accordance with rules adopted under subsection

(b), including, but not limited to, the collection of sexual

assault evidence and providing information regarding that

evidence, including, but not limited to, providing notice to

law enforcement that the evidence has been collected.

(d) The operations of the sexual assault evidence tracking

system shall be funded by moneys appropriated for that purpose

from the State Crime Laboratory Fund and funds provided to the

Illinois State Police Department through asset forfeiture,

together with such other funds as the General Assembly may

appropriate.

(e) To ensure that the sexual assault evidence tracking

system is operational, the Illinois State Police Department

may adopt emergency rules to implement the provisions of this

Section under subsection (ff) of Section 5-45 of the Illinois

Administrative Procedure Act.

(f) Information, including, but not limited to, evidence

and records in the sexual assault evidence tracking system is

exempt from disclosure under the Freedom of Information Act.

(Source: P.A. 101-377, eff. 8-16-19.)

Section 1045. The Sexual Assault Incident Procedure Act is

amended by changing Sections 15, 20, and 35 as follows:

(725 ILCS 203/15)

Sec. 15. Sexual assault incident policies.

(a) On or before January 1, 2018, every law enforcement

agency shall develop, adopt, and implement written policies

regarding procedures for incidents of sexual assault or sexual

abuse consistent with the guidelines developed under

subsection (b) of this Section. In developing these policies,

each law enforcement agency is encouraged to consult with

other law enforcement agencies, sexual assault advocates, and

sexual assault nurse examiners with expertise in recognizing

and handling sexual assault and sexual abuse incidents. These

policies must include mandatory sexual assault and sexual

abuse response training as required in Section 10.21 of the

Illinois Police Training Act and Sections 2605-51 and 2605-53

and 2605-98 of the Illinois Department of State Police Law of

the Civil Administrative Code of Illinois.

(a-5) On or before January 1, 2021, every law enforcement

agency shall revise and implement its written policies

regarding procedures for incidents of sexual assault or sexual

abuse consistent with the guideline revisions developed under

subsection (b-5) of this Section.

(b) On or before July 1, 2017, the Office of the Attorney

General, in consultation with the Illinois Law Enforcement

Training Standards Board and the Illinois Department of State

Police, shall develop and make available to each law

enforcement agency, comprehensive guidelines for creation of a

law enforcement agency policy on evidence-based,

trauma-informed, victim-centered sexual assault and sexual

abuse response and investigation.

These guidelines shall include, but not be limited to the

following:

(1) dispatcher or call taker response;

(2) responding officer duties;

(3) duties of officers investigating sexual assaults

and sexual abuse;

(4) supervisor duties;

(5) report writing;

(6) reporting methods;

(7) victim interviews;

(8) evidence collection;

(9) sexual assault medical forensic examinations;

(10) suspect interviews;

(11) suspect forensic exams;

(12) witness interviews;

(13) sexual assault response and resource teams, if

applicable;

(14) working with victim advocates;

(15) working with prosecutors;

(16) victims' rights;

(17) victim notification; and

(18) consideration for specific populations or

communities.

(b-5) On or before January 1, 2020, the Office of the

Attorney General, in consultation with the Illinois Law

Enforcement Training Standards Board and the Illinois

Department of State Police, shall revise the comprehensive

guidelines developed under subsection (b) to include

responding to victims who are under 13 years of age at the time

the sexual assault or sexual abuse occurred.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;

100-910, eff. 1-1-19.)

(725 ILCS 203/20)

Sec. 20. Reports by law enforcement officers.

(a) A law enforcement officer shall complete a written

police report upon receiving the following, regardless of

where the incident occurred:

(1) an allegation by a person that the person has been

sexually assaulted or sexually abused regardless of

jurisdiction;

(2) information from hospital or medical personnel

provided under Section 3.2 of the Criminal Identification

Act; or

(3) information from a witness who personally observed

what appeared to be a sexual assault or sexual abuse or

attempted sexual assault or sexual abuse.

(b) The written report shall include the following, if

known:

(1) the victim's name or other identifier;

(2) the victim's contact information;

(3) time, date, and location of offense;

(4) information provided by the victim;

(5) the suspect's description and name, if known;

(6) names of persons with information relevant to the

time before, during, or after the sexual assault or sexual

abuse, and their contact information;

(7) names of medical professionals who provided a

medical forensic examination of the victim and any

information they provided about the sexual assault or

sexual abuse;

(8) whether an Illinois State Police Sexual Assault

Evidence Collection Kit was completed, the name and

contact information for the hospital, and whether the

victim consented to testing of the Evidence Collection Kit

by law enforcement;

(9) whether a urine or blood sample was collected and

whether the victim consented to testing of a toxicology

screen by law enforcement;

(10) information the victim related to medical

professionals during a medical forensic examination which

the victim consented to disclosure to law enforcement; and

(11) other relevant information.

(c) If the sexual assault or sexual abuse occurred in

another jurisdiction, the law enforcement officer taking the

report must submit the report to the law enforcement agency

having jurisdiction in person or via fax or email within 24

hours of receiving information about the sexual assault or

sexual abuse.

(d) Within 24 hours of receiving a report from a law

enforcement agency in another jurisdiction in accordance with

subsection (c), the law enforcement agency having jurisdiction

shall submit a written confirmation to the law enforcement

agency that wrote the report. The written confirmation shall

contain the name and identifier of the person and confirming

receipt of the report and a name and contact phone number that

will be given to the victim. The written confirmation shall be

delivered in person or via fax or email.

(e) No law enforcement officer shall require a victim of

sexual assault or sexual abuse to submit to an interview.

(f) No law enforcement agency may refuse to complete a

written report as required by this Section on any ground.

(g) All law enforcement agencies shall ensure that all

officers responding to or investigating a complaint of sexual

assault or sexual abuse have successfully completed training

under Section 10.21 of the Illinois Police Training Act and

Section 2605-51 2605-98 of the Illinois Department of State

Police Law of the Civil Administrative Code of Illinois.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)

(725 ILCS 203/35)

Sec. 35. Release of information.

(a) Upon the request of the victim who has consented to the

release of sexual assault evidence for testing, the law

enforcement agency having jurisdiction shall provide the

following information in writing:

(1) the date the sexual assault evidence was sent to

an Illinois a Department of State Police forensic

laboratory or designated laboratory;

(2) test results provided to the law enforcement

agency by an Illinois a Department of State Police

forensic laboratory or designated laboratory, including,

but not limited to:

(A) whether a DNA profile was obtained from the

testing of the sexual assault evidence from the

victim's case;

(B) whether the DNA profile developed from the

sexual assault evidence has been searched against the

DNA Index System or any state or federal DNA database;

(C) whether an association was made to an

individual whose DNA profile is consistent with the

sexual assault evidence DNA profile, provided that

disclosure would not impede or compromise an ongoing

investigation; and

(D) whether any drugs were detected in a urine or

blood sample analyzed for drug facilitated sexual

assault and information about any drugs detected.

(b) The information listed in paragraph (1) of subsection

(a) of this Section shall be provided to the victim within 7

days of the transfer of the evidence to the laboratory. The

information listed in paragraph (2) of subsection (a) of this

Section shall be provided to the victim within 7 days of the

receipt of the information by the law enforcement agency

having jurisdiction.

(c) At the time the sexual assault evidence is released

for testing, the victim shall be provided written information

by the law enforcement agency having jurisdiction or the

hospital providing emergency services and forensic services to

the victim informing him or her of the right to request

information under subsection (a) of this Section. A victim may

designate another person or agency to receive this

information.

(d) The victim or the victim's designee shall keep the law

enforcement agency having jurisdiction informed of the name,

address, telephone number, and email address of the person to

whom the information should be provided, and any changes of

the name, address, telephone number, and email address, if an

email address is available.

(Source: P.A. 99-801, eff. 1-1-17.)

Section 1050. The Sexually Violent Persons Commitment Act

is amended by changing Section 45 as follows:

(725 ILCS 207/45)

Sec. 45. Deoxyribonucleic acid analysis requirements.

(a)(1) If a person is found to be a sexually violent person

under this Act, the court shall require the person to provide a

biological specimen for deoxyribonucleic acid analysis in

accordance with Section 5-4-3 of the Unified Code of

Corrections.

(2) The results from deoxyribonucleic acid analysis of a

specimen under paragraph (a)(1) of this Section may be used

only as authorized by Section 5-4-3 of the Unified Code of

Corrections.

(b) The rules adopted by the Illinois Department of State

Police under Section 5-4-3 of the Unified Code of Corrections

are the procedures that must be followed for persons to

provide specimens under paragraph (a)(1) of this Section.

(Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.)

Section 1055. The Unified Code of Corrections is amended

by changing Sections 3-2-2, 3-2.7-25, 3-3-2, 3-14-1, 3-14-1.5,

3-17-5, 5-2-4, 5-4-3, 5-4-3a, 5-4-3b, 5-5-4, 5-5.5-40, 5-6-3,

5-9-1.2, 5-9-1.4, and 5-9-1.9 as follows:

(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)

Sec. 3-2-2. Powers and duties of the Department.

(1) In addition to the powers, duties, and

responsibilities which are otherwise provided by law, the

Department shall have the following powers:

(a) To accept persons committed to it by the courts of

this State for care, custody, treatment and

rehabilitation, and to accept federal prisoners and aliens

over whom the Office of the Federal Detention Trustee is

authorized to exercise the federal detention function for

limited purposes and periods of time.

(b) To develop and maintain reception and evaluation

units for purposes of analyzing the custody and

rehabilitation needs of persons committed to it and to

assign such persons to institutions and programs under its

control or transfer them to other appropriate agencies. In

consultation with the Department of Alcoholism and

Substance Abuse (now the Department of Human Services),

the Department of Corrections shall develop a master plan

for the screening and evaluation of persons committed to

its custody who have alcohol or drug abuse problems, and

for making appropriate treatment available to such

persons; the Department shall report to the General

Assembly on such plan not later than April 1, 1987. The

maintenance and implementation of such plan shall be

contingent upon the availability of funds.

(b-1) To create and implement, on January 1, 2002, a

pilot program to establish the effectiveness of

pupillometer technology (the measurement of the pupil's

reaction to light) as an alternative to a urine test for

purposes of screening and evaluating persons committed to

its custody who have alcohol or drug problems. The pilot

program shall require the pupillometer technology to be

used in at least one Department of Corrections facility.

The Director may expand the pilot program to include an

additional facility or facilities as he or she deems

appropriate. A minimum of 4,000 tests shall be included in

the pilot program. The Department must report to the

General Assembly on the effectiveness of the program by

January 1, 2003.

(b-5) To develop, in consultation with the Illinois

Department of State Police, a program for tracking and

evaluating each inmate from commitment through release for

recording his or her gang affiliations, activities, or

ranks.

(c) To maintain and administer all State correctional

institutions and facilities under its control and to

establish new ones as needed. Pursuant to its power to

establish new institutions and facilities, the Department

may, with the written approval of the Governor, authorize

the Department of Central Management Services to enter

into an agreement of the type described in subsection (d)

of Section 405-300 of the Department of Central Management

Services Law (20 ILCS 405/405-300). The Department shall

designate those institutions which shall constitute the

State Penitentiary System.

Pursuant to its power to establish new institutions

and facilities, the Department may authorize the

Department of Central Management Services to accept bids

from counties and municipalities for the construction,

remodeling or conversion of a structure to be leased to

the Department of Corrections for the purposes of its

serving as a correctional institution or facility. Such

construction, remodeling or conversion may be financed

with revenue bonds issued pursuant to the Industrial

Building Revenue Bond Act by the municipality or county.

The lease specified in a bid shall be for a term of not

less than the time needed to retire any revenue bonds used

to finance the project, but not to exceed 40 years. The

lease may grant to the State the option to purchase the

structure outright.

Upon receipt of the bids, the Department may certify

one or more of the bids and shall submit any such bids to

the General Assembly for approval. Upon approval of a bid

by a constitutional majority of both houses of the General

Assembly, pursuant to joint resolution, the Department of

Central Management Services may enter into an agreement

with the county or municipality pursuant to such bid.

(c-5) To build and maintain regional juvenile

detention centers and to charge a per diem to the counties

as established by the Department to defray the costs of

housing each minor in a center. In this subsection (c-5),

"juvenile detention center" means a facility to house

minors during pendency of trial who have been transferred

from proceedings under the Juvenile Court Act of 1987 to

prosecutions under the criminal laws of this State in

accordance with Section 5-805 of the Juvenile Court Act of

1987, whether the transfer was by operation of law or

permissive under that Section. The Department shall

designate the counties to be served by each regional

juvenile detention center.

(d) To develop and maintain programs of control,

rehabilitation and employment of committed persons within

its institutions.

(d-5) To provide a pre-release job preparation program

for inmates at Illinois adult correctional centers.

(d-10) To provide educational and visitation

opportunities to committed persons within its institutions

through temporary access to content-controlled tablets

that may be provided as a privilege to committed persons

to induce or reward compliance.

(e) To establish a system of supervision and guidance

of committed persons in the community.

(f) To establish in cooperation with the Department of

Transportation to supply a sufficient number of prisoners

for use by the Department of Transportation to clean up

the trash and garbage along State, county, township, or

municipal highways as designated by the Department of

Transportation. The Department of Corrections, at the

request of the Department of Transportation, shall furnish

such prisoners at least annually for a period to be agreed

upon between the Director of Corrections and the Secretary

of Transportation. The prisoners used on this program

shall be selected by the Director of Corrections on

whatever basis he deems proper in consideration of their

term, behavior and earned eligibility to participate in

such program - where they will be outside of the prison

facility but still in the custody of the Department of

Corrections. Prisoners convicted of first degree murder,

or a Class X felony, or armed violence, or aggravated

kidnapping, or criminal sexual assault, aggravated

criminal sexual abuse or a subsequent conviction for

criminal sexual abuse, or forcible detention, or arson, or

a prisoner adjudged a Habitual Criminal shall not be

eligible for selection to participate in such program. The

prisoners shall remain as prisoners in the custody of the

Department of Corrections and such Department shall

furnish whatever security is necessary. The Department of

Transportation shall furnish trucks and equipment for the

highway cleanup program and personnel to supervise and

direct the program. Neither the Department of Corrections

nor the Department of Transportation shall replace any

regular employee with a prisoner.

(g) To maintain records of persons committed to it and

to establish programs of research, statistics and

planning.

(h) To investigate the grievances of any person

committed to the Department and to inquire into any

alleged misconduct by employees or committed persons; and

for these purposes it may issue subpoenas and compel the

attendance of witnesses and the production of writings and

papers, and may examine under oath any witnesses who may

appear before it; to also investigate alleged violations

of a parolee's or releasee's conditions of parole or

release; and for this purpose it may issue subpoenas and

compel the attendance of witnesses and the production of

documents only if there is reason to believe that such

procedures would provide evidence that such violations

have occurred.

If any person fails to obey a subpoena issued under

this subsection, the Director may apply to any circuit

court to secure compliance with the subpoena. The failure

to comply with the order of the court issued in response

thereto shall be punishable as contempt of court.

(i) To appoint and remove the chief administrative

officers, and administer programs of training and

development of personnel of the Department. Personnel

assigned by the Department to be responsible for the

custody and control of committed persons or to investigate

the alleged misconduct of committed persons or employees

or alleged violations of a parolee's or releasee's

conditions of parole shall be conservators of the peace

for those purposes, and shall have the full power of peace

officers outside of the facilities of the Department in

the protection, arrest, retaking and reconfining of

committed persons or where the exercise of such power is

necessary to the investigation of such misconduct or

violations. This subsection shall not apply to persons

committed to the Department of Juvenile Justice under the

Juvenile Court Act of 1987 on aftercare release.

(j) To cooperate with other departments and agencies

and with local communities for the development of

standards and programs for better correctional services in

this State.

(k) To administer all moneys and properties of the

Department.

(l) To report annually to the Governor on the

committed persons, institutions and programs of the

Department.

(l-5) (Blank).

(m) To make all rules and regulations and exercise all

powers and duties vested by law in the Department.

(n) To establish rules and regulations for

administering a system of sentence credits, established in

accordance with Section 3-6-3, subject to review by the

Prisoner Review Board.

(o) To administer the distribution of funds from the

State Treasury to reimburse counties where State penal

institutions are located for the payment of assistant

state's attorneys' salaries under Section 4-2001 of the

Counties Code.

(p) To exchange information with the Department of

Human Services and the Department of Healthcare and Family

Services for the purpose of verifying living arrangements

and for other purposes directly connected with the

administration of this Code and the Illinois Public Aid

Code.

(q) To establish a diversion program.

The program shall provide a structured environment for

selected technical parole or mandatory supervised release

violators and committed persons who have violated the

rules governing their conduct while in work release. This

program shall not apply to those persons who have

committed a new offense while serving on parole or

mandatory supervised release or while committed to work

release.

Elements of the program shall include, but shall not

be limited to, the following:

(1) The staff of a diversion facility shall

provide supervision in accordance with required

objectives set by the facility.

(2) Participants shall be required to maintain

employment.

(3) Each participant shall pay for room and board

at the facility on a sliding-scale basis according to

the participant's income.

(4) Each participant shall:

(A) provide restitution to victims in

accordance with any court order;

(B) provide financial support to his

dependents; and

(C) make appropriate payments toward any other

court-ordered obligations.

(5) Each participant shall complete community

service in addition to employment.

(6) Participants shall take part in such

counseling, educational and other programs as the

Department may deem appropriate.

(7) Participants shall submit to drug and alcohol

screening.

(8) The Department shall promulgate rules

governing the administration of the program.

(r) To enter into intergovernmental cooperation

agreements under which persons in the custody of the

Department may participate in a county impact

incarceration program established under Section 3-6038 or

3-15003.5 of the Counties Code.

(r-5) (Blank).

(r-10) To systematically and routinely identify with

respect to each streetgang active within the correctional

system: (1) each active gang; (2) every existing

inter-gang affiliation or alliance; and (3) the current

leaders in each gang. The Department shall promptly

segregate leaders from inmates who belong to their gangs

and allied gangs. "Segregate" means no physical contact

and, to the extent possible under the conditions and space

available at the correctional facility, prohibition of

visual and sound communication. For the purposes of this

paragraph (r-10), "leaders" means persons who:

(i) are members of a criminal streetgang;

(ii) with respect to other individuals within the

streetgang, occupy a position of organizer,

supervisor, or other position of management or

leadership; and

(iii) are actively and personally engaged in

directing, ordering, authorizing, or requesting

commission of criminal acts by others, which are

punishable as a felony, in furtherance of streetgang

related activity both within and outside of the

Department of Corrections.

"Streetgang", "gang", and "streetgang related" have the

meanings ascribed to them in Section 10 of the Illinois

Streetgang Terrorism Omnibus Prevention Act.

(s) To operate a super-maximum security institution,

in order to manage and supervise inmates who are

disruptive or dangerous and provide for the safety and

security of the staff and the other inmates.

(t) To monitor any unprivileged conversation or any

unprivileged communication, whether in person or by mail,

telephone, or other means, between an inmate who, before

commitment to the Department, was a member of an organized

gang and any other person without the need to show cause or

satisfy any other requirement of law before beginning the

monitoring, except as constitutionally required. The

monitoring may be by video, voice, or other method of

recording or by any other means. As used in this

subdivision (1)(t), "organized gang" has the meaning

ascribed to it in Section 10 of the Illinois Streetgang

Terrorism Omnibus Prevention Act.

As used in this subdivision (1)(t), "unprivileged

conversation" or "unprivileged communication" means a

conversation or communication that is not protected by any

privilege recognized by law or by decision, rule, or order

of the Illinois Supreme Court.

(u) To establish a Women's and Children's Pre-release

Community Supervision Program for the purpose of providing

housing and services to eligible female inmates, as

determined by the Department, and their newborn and young

children.

(u-5) To issue an order, whenever a person committed

to the Department absconds or absents himself or herself,

without authority to do so, from any facility or program

to which he or she is assigned. The order shall be

certified by the Director, the Supervisor of the

Apprehension Unit, or any person duly designated by the

Director, with the seal of the Department affixed. The

order shall be directed to all sheriffs, coroners, and

police officers, or to any particular person named in the

order. Any order issued pursuant to this subdivision (1)

(u-5) shall be sufficient warrant for the officer or

person named in the order to arrest and deliver the

committed person to the proper correctional officials and

shall be executed the same as criminal process.

(v) To do all other acts necessary to carry out the

provisions of this Chapter.

(2) The Department of Corrections shall by January 1,

1998, consider building and operating a correctional facility

within 100 miles of a county of over 2,000,000 inhabitants,

especially a facility designed to house juvenile participants

in the impact incarceration program.

(3) When the Department lets bids for contracts for

medical services to be provided to persons committed to

Department facilities by a health maintenance organization,

medical service corporation, or other health care provider,

the bid may only be let to a health care provider that has

obtained an irrevocable letter of credit or performance bond

issued by a company whose bonds have an investment grade or

higher rating by a bond rating organization.

(4) When the Department lets bids for contracts for food

or commissary services to be provided to Department

facilities, the bid may only be let to a food or commissary

services provider that has obtained an irrevocable letter of

credit or performance bond issued by a company whose bonds

have an investment grade or higher rating by a bond rating

organization.

(5) On and after the date 6 months after August 16, 2013

(the effective date of Public Act 98-488), as provided in the

Executive Order 1 (2012) Implementation Act, all of the

powers, duties, rights, and responsibilities related to State

healthcare purchasing under this Code that were transferred

from the Department of Corrections to the Department of

Healthcare and Family Services by Executive Order 3 (2005) are

transferred back to the Department of Corrections; however,

powers, duties, rights, and responsibilities related to State

healthcare purchasing under this Code that were exercised by

the Department of Corrections before the effective date of

Executive Order 3 (2005) but that pertain to individuals

resident in facilities operated by the Department of Juvenile

Justice are transferred to the Department of Juvenile Justice.

(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;

101-235, eff. 1-1-20.)

(730 ILCS 5/3-2.7-25)

Sec. 3-2.7-25. Duties and powers.

(a) The Independent Juvenile Ombudsman shall function

independently within the Department of Juvenile Justice with

respect to the operations of the Office in performance of his

or her duties under this Article and shall report to the

Governor. The Ombudsman shall adopt rules and standards as may

be necessary or desirable to carry out his or her duties.

Funding for the Office shall be designated separately within

Department funds. The Department shall provide necessary

administrative services and facilities to the Office of the

Independent Juvenile Ombudsman.

(b) The Office of Independent Juvenile Ombudsman shall

have the following duties:

(1) review and monitor the implementation of the rules

and standards established by the Department of Juvenile

Justice and evaluate the delivery of services to youth to

ensure that the rights of youth are fully observed;

(2) provide assistance to a youth or family whom the

Ombudsman determines is in need of assistance, including

advocating with an agency, provider, or other person in

the best interests of the youth;

(3) investigate and attempt to resolve complaints made

by or on behalf of youth, other than complaints alleging

criminal behavior or violations of the State Officials and

Employees Ethics Act, if the Office determines that the

investigation and resolution would further the purpose of

the Office, and:

(A) a youth committed to the Department of

Juvenile Justice or the youth's family is in need of

assistance from the Office; or

(B) a systemic issue in the Department of Juvenile

Justice's provision of services is raised by a

complaint;

(4) review or inspect periodically the facilities and

procedures of any facility in which a youth has been

placed by the Department of Juvenile Justice to ensure

that the rights of youth are fully observed; and

(5) be accessible to and meet confidentially and

regularly with youth committed to the Department and serve

as a resource by informing them of pertinent laws, rules,

and policies, and their rights thereunder.

(c) The following cases shall be reported immediately to

the Director of Juvenile Justice and the Governor:

(1) cases of severe abuse or injury of a youth;

(2) serious misconduct, misfeasance, malfeasance, or

serious violations of policies and procedures concerning

the administration of a Department of Juvenile Justice

program or operation;

(3) serious problems concerning the delivery of

services in a facility operated by or under contract with

the Department of Juvenile Justice;

(4) interference by the Department of Juvenile Justice

with an investigation conducted by the Office; and

(5) other cases as deemed necessary by the Ombudsman.

(d) Notwithstanding any other provision of law, the

Ombudsman may not investigate alleged criminal behavior or

violations of the State Officials and Employees Ethics Act. If

the Ombudsman determines that a possible criminal act has been

committed, or that special expertise is required in the

investigation, he or she shall immediately notify the Illinois

Department of State Police. If the Ombudsman determines that a

possible violation of the State Officials and Employees Ethics

Act has occurred, he or she shall immediately refer the

incident to the Office of the Governor's Executive Inspector

General for investigation. If the Ombudsman receives a

complaint from a youth or third party regarding suspected

abuse or neglect of a child, the Ombudsman shall refer the

incident to the Child Abuse and Neglect Hotline or to the

Illinois State Police as mandated by the Abused and Neglected

Child Reporting Act. Any investigation conducted by the

Ombudsman shall not be duplicative and shall be separate from

any investigation mandated by the Abused and Neglected Child

Reporting Act. All investigations conducted by the Ombudsman

shall be conducted in a manner designed to ensure the

preservation of evidence for possible use in a criminal

prosecution.

(e) In performance of his or her duties, the Ombudsman

may:

(1) review court files of youth;

(2) recommend policies, rules, and legislation

designed to protect youth;

(3) make appropriate referrals under any of the duties

and powers listed in this Section;

(4) attend internal administrative and disciplinary

hearings to ensure the rights of youth are fully observed

and advocate for the best interest of youth when deemed

necessary; and

(5) perform other acts, otherwise permitted or

required by law, in furtherance of the purpose of the

Office.

(f) To assess if a youth's rights have been violated, the

Ombudsman may, in any matter that does not involve alleged

criminal behavior, contact or consult with an administrator,

employee, youth, parent, expert, or any other individual in

the course of his or her investigation or to secure

information as necessary to fulfill his or her duties.

(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)

(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

Sec. 3-3-2. Powers and duties.

(a) The Parole and Pardon Board is abolished and the term

"Parole and Pardon Board" as used in any law of Illinois, shall

read "Prisoner Review Board." After February 1, 1978 (the

effective date of Public Act 81-1099) this amendatory Act of

1977, the Prisoner Review Board shall provide by rule for the

orderly transition of all files, records, and documents of the

Parole and Pardon Board and for such other steps as may be

necessary to effect an orderly transition and shall:

(1) hear by at least one member and through a panel of

at least 3 members decide, cases of prisoners who were

sentenced under the law in effect prior to February 1,

1978 (the effective date of Public Act 81-1099) this

amendatory Act of 1977, and who are eligible for parole;

(2) hear by at least one member and through a panel of

at least 3 members decide, the conditions of parole and

the time of discharge from parole, impose sanctions for

violations of parole, and revoke parole for those

sentenced under the law in effect prior to February 1,

1978 (the effective date of Public Act 81-1099) this

amendatory Act of 1977; provided that the decision to

parole and the conditions of parole for all prisoners who

were sentenced for first degree murder or who received a

minimum sentence of 20 years or more under the law in

effect prior to February 1, 1978 shall be determined by a

majority vote of the Prisoner Review Board. One

representative supporting parole and one representative

opposing parole will be allowed to speak. Their comments

shall be limited to making corrections and filling in

omissions to the Board's presentation and discussion;

(3) hear by at least one member and through a panel of

at least 3 members decide, the conditions of mandatory

supervised release and the time of discharge from

mandatory supervised release, impose sanctions for

violations of mandatory supervised release, and revoke

mandatory supervised release for those sentenced under the

law in effect after February 1, 1978 (the effective date

of Public Act 81-1099) this amendatory Act of 1977;

(3.5) hear by at least one member and through a panel

of at least 3 members decide, the conditions of mandatory

supervised release and the time of discharge from

mandatory supervised release, to impose sanctions for

violations of mandatory supervised release and revoke

mandatory supervised release for those serving extended

supervised release terms pursuant to paragraph (4) of

subsection (d) of Section 5-8-1;

(3.6) hear by at least one member and through a panel

of at least 3 members decide whether to revoke aftercare

release for those committed to the Department of Juvenile

Justice under the Juvenile Court Act of 1987;

(4) hear by at least one member and through a panel of

at least 3 members, decide cases brought by the Department

of Corrections against a prisoner in the custody of the

Department for alleged violation of Department rules with

respect to sentence credits under Section 3-6-3 of this

Code in which the Department seeks to revoke sentence

credits, if the amount of time at issue exceeds 30 days or

when, during any 12-month 12 month period, the cumulative

amount of credit revoked exceeds 30 days except where the

infraction is committed or discovered within 60 days of

scheduled release. In such cases, the Department of

Corrections may revoke up to 30 days of sentence credit.

The Board may subsequently approve the revocation of

additional sentence credit, if the Department seeks to

revoke sentence credit in excess of 30 thirty days.

However, the Board shall not be empowered to review the

Department's decision with respect to the loss of 30 days

of sentence credit for any prisoner or to increase any

penalty beyond the length requested by the Department;

(5) hear by at least one member and through a panel of

at least 3 members decide, the release dates for certain

prisoners sentenced under the law in existence prior to

February 1, 1978 (the effective date of Public Act

81-1099) this amendatory Act of 1977, in accordance with

Section 3-3-2.1 of this Code;

(6) hear by at least one member and through a panel of

at least 3 members decide, all requests for pardon,

reprieve or commutation, and make confidential

recommendations to the Governor;

(6.5) hear by at least one member who is qualified in

the field of juvenile matters and through a panel of at

least 3 members, 2 of whom are qualified in the field of

juvenile matters, decide parole review cases in accordance

with Section 5-4.5-115 of this Code and make release

determinations of persons under the age of 21 at the time

of the commission of an offense or offenses, other than

those persons serving sentences for first degree murder or

aggravated criminal sexual assault;

(6.6) hear by at least a quorum of the Prisoner Review

Board and decide by a majority of members present at the

hearing, in accordance with Section 5-4.5-115 of this

Code, release determinations of persons under the age of

21 at the time of the commission of an offense or offenses

of those persons serving sentences for first degree murder

or aggravated criminal sexual assault;

(7) comply with the requirements of the Open Parole

Hearings Act;

(8) hear by at least one member and, through a panel of

at least 3 members, decide cases brought by the Department

of Corrections against a prisoner in the custody of the

Department for court dismissal of a frivolous lawsuit

pursuant to Section 3-6-3(d) of this Code in which the

Department seeks to revoke up to 180 days of sentence

credit, and if the prisoner has not accumulated 180 days

of sentence credit at the time of the dismissal, then all

sentence credit accumulated by the prisoner shall be

revoked;

(9) hear by at least 3 members, and, through a panel of

at least 3 members, decide whether to grant certificates

of relief from disabilities or certificates of good

conduct as provided in Article 5.5 of Chapter V;

(10) upon a petition by a person who has been

convicted of a Class 3 or Class 4 felony and who meets the

requirements of this paragraph, hear by at least 3 members

and, with the unanimous vote of a panel of 3 members, issue

a certificate of eligibility for sealing recommending that

the court order the sealing of all official records of the

arresting authority, the circuit court clerk, and the

Illinois Department of State Police concerning the arrest

and conviction for the Class 3 or 4 felony. A person may

not apply to the Board for a certificate of eligibility

for sealing:

(A) until 5 years have elapsed since the

expiration of his or her sentence;

(B) until 5 years have elapsed since any arrests

or detentions by a law enforcement officer for an

alleged violation of law, other than a petty offense,

traffic offense, conservation offense, or local

ordinance offense;

(C) if convicted of a violation of the Cannabis

Control Act, Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

the Methamphetamine Precursor Control Act, or the

Methamphetamine Precursor Tracking Act unless the

petitioner has completed a drug abuse program for the

offense on which sealing is sought and provides proof

that he or she has completed the program successfully;

(D) if convicted of:

(i) a sex offense described in Article 11 or

Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

the Criminal Code of 1961 or the Criminal Code of

2012;

(ii) aggravated assault;

(iii) aggravated battery;

(iv) domestic battery;

(v) aggravated domestic battery;

(vi) violation of an order of protection;

(vii) an offense under the Criminal Code of

1961 or the Criminal Code of 2012 involving a

firearm;

(viii) driving while under the influence of

alcohol, other drug or drugs, intoxicating

compound or compounds, or any combination thereof;

(ix) aggravated driving while under the

influence of alcohol, other drug or drugs,

intoxicating compound or compounds, or any

combination thereof; or

(x) any crime defined as a crime of violence

under Section 2 of the Crime Victims Compensation

Act.

If a person has applied to the Board for a certificate

of eligibility for sealing and the Board denies the

certificate, the person must wait at least 4 years before

filing again or filing for pardon from the Governor unless

the Chairman of the Prisoner Review Board grants a waiver.

The decision to issue or refrain from issuing a

certificate of eligibility for sealing shall be at the

Board's sole discretion, and shall not give rise to any

cause of action against either the Board or its members.

The Board may only authorize the sealing of Class 3

and 4 felony convictions of the petitioner from one

information or indictment under this paragraph (10). A

petitioner may only receive one certificate of eligibility

for sealing under this provision for life; and

(11) upon a petition by a person who after having been

convicted of a Class 3 or Class 4 felony thereafter served

in the United States Armed Forces or National Guard of

this or any other state and had received an honorable

discharge from the United States Armed Forces or National

Guard or who at the time of filing the petition is enlisted

in the United States Armed Forces or National Guard of

this or any other state and served one tour of duty and who

meets the requirements of this paragraph, hear by at least

3 members and, with the unanimous vote of a panel of 3

members, issue a certificate of eligibility for

expungement recommending that the court order the

expungement of all official records of the arresting

authority, the circuit court clerk, and the Illinois

Department of State Police concerning the arrest and

conviction for the Class 3 or 4 felony. A person may not

apply to the Board for a certificate of eligibility for

expungement:

(A) if convicted of:

(i) a sex offense described in Article 11 or

Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

the Criminal Code of 1961 or Criminal Code of

2012;

(ii) an offense under the Criminal Code of

1961 or Criminal Code of 2012 involving a firearm;

or

(iii) a crime of violence as defined in

Section 2 of the Crime Victims Compensation Act;

or

(B) if the person has not served in the United

States Armed Forces or National Guard of this or any

other state or has not received an honorable discharge

from the United States Armed Forces or National Guard

of this or any other state or who at the time of the

filing of the petition is serving in the United States

Armed Forces or National Guard of this or any other

state and has not completed one tour of duty.

If a person has applied to the Board for a certificate

of eligibility for expungement and the Board denies the

certificate, the person must wait at least 4 years before

filing again or filing for a pardon with authorization for

expungement from the Governor unless the Governor or

Chairman of the Prisoner Review Board grants a waiver.

(a-5) The Prisoner Review Board, with the cooperation of

and in coordination with the Department of Corrections and the

Department of Central Management Services, shall implement a

pilot project in 3 correctional institutions providing for the

conduct of hearings under paragraphs (1) and (4) of subsection

(a) of this Section through interactive video conferences. The

project shall be implemented within 6 months after January 1,

1997 (the effective date of Public Act 89-490) this amendatory

Act of 1996. Within 6 months after the implementation of the

pilot project, the Prisoner Review Board, with the cooperation

of and in coordination with the Department of Corrections and

the Department of Central Management Services, shall report to

the Governor and the General Assembly regarding the use,

costs, effectiveness, and future viability of interactive

video conferences for Prisoner Review Board hearings.

(b) Upon recommendation of the Department the Board may

restore sentence credit previously revoked.

(c) The Board shall cooperate with the Department in

promoting an effective system of parole and mandatory

supervised release.

(d) The Board shall promulgate rules for the conduct of

its work, and the Chairman shall file a copy of such rules and

any amendments thereto with the Director and with the

Secretary of State.

(e) The Board shall keep records of all of its official

actions and shall make them accessible in accordance with law

and the rules of the Board.

(f) The Board or one who has allegedly violated the

conditions of his or her parole, aftercare release, or

mandatory supervised release may require by subpoena the

attendance and testimony of witnesses and the production of

documentary evidence relating to any matter under

investigation or hearing. The Chairman of the Board may sign

subpoenas which shall be served by any agent or public

official authorized by the Chairman of the Board, or by any

person lawfully authorized to serve a subpoena under the laws

of the State of Illinois. The attendance of witnesses, and the

production of documentary evidence, may be required from any

place in the State to a hearing location in the State before

the Chairman of the Board or his or her designated agent or

agents or any duly constituted Committee or Subcommittee of

the Board. Witnesses so summoned shall be paid the same fees

and mileage that are paid witnesses in the circuit courts of

the State, and witnesses whose depositions are taken and the

persons taking those depositions are each entitled to the same

fees as are paid for like services in actions in the circuit

courts of the State. Fees and mileage shall be vouchered for

payment when the witness is discharged from further

attendance.

In case of disobedience to a subpoena, the Board may

petition any circuit court of the State for an order requiring

the attendance and testimony of witnesses or the production of

documentary evidence or both. A copy of such petition shall be

served by personal service or by registered or certified mail

upon the person who has failed to obey the subpoena, and such

person shall be advised in writing that a hearing upon the

petition will be requested in a court room to be designated in

such notice before the judge hearing motions or extraordinary

remedies at a specified time, on a specified date, not less

than 10 nor more than 15 days after the deposit of the copy of

the written notice and petition in the U.S. mail mails

addressed to the person at his or her last known address or

after the personal service of the copy of the notice and

petition upon such person. The court upon the filing of such a

petition, may order the person refusing to obey the subpoena

to appear at an investigation or hearing, or to there produce

documentary evidence, if so ordered, or to give evidence

relative to the subject matter of that investigation or

hearing. Any failure to obey such order of the circuit court

may be punished by that court as a contempt of court.

Each member of the Board and any hearing officer

designated by the Board shall have the power to administer

oaths and to take the testimony of persons under oath.

(g) Except under subsection (a) of this Section, a

majority of the members then appointed to the Prisoner Review

Board shall constitute a quorum for the transaction of all

business of the Board.

(h) The Prisoner Review Board shall annually transmit to

the Director a detailed report of its work for the preceding

calendar year. The annual report shall also be transmitted to

the Governor for submission to the Legislature.

(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;

revised 8-19-20.)

(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)

Sec. 3-14-1. Release from the institution.

(a) Upon release of a person on parole, mandatory release,

final discharge or pardon the Department shall return all

property held for him, provide him with suitable clothing and

procure necessary transportation for him to his designated

place of residence and employment. It may provide such person

with a grant of money for travel and expenses which may be paid

in installments. The amount of the money grant shall be

determined by the Department.

(a-1) The Department shall, before a wrongfully imprisoned

person, as defined in Section 3-1-2 of this Code, is

discharged from the Department, provide him or her with any

documents necessary after discharge.

(a-2) The Department of Corrections may establish and

maintain, in any institution it administers, revolving funds

to be known as "Travel and Allowances Revolving Funds". These

revolving funds shall be used for advancing travel and expense

allowances to committed, paroled, and discharged prisoners.

The moneys paid into such revolving funds shall be from

appropriations to the Department for Committed, Paroled, and

Discharged Prisoners.

(a-3) Upon release of a person who is eligible to vote on

parole, mandatory release, final discharge, or pardon, the

Department shall provide the person with a form that informs

him or her that his or her voting rights have been restored and

a voter registration application. The Department shall have

available voter registration applications in the languages

provided by the Illinois State Board of Elections. The form

that informs the person that his or her rights have been

restored shall include the following information:

(1) All voting rights are restored upon release from

the Department's custody.

(2) A person who is eligible to vote must register in

order to be able to vote.

The Department of Corrections shall confirm that the

person received the voter registration application and has

been informed that his or her voting rights have been

restored.

(a-4) (a-3) Prior to release of a person on parole,

mandatory supervised release, final discharge, or pardon, the

Department shall screen every person for Medicaid eligibility.

Officials of the correctional institution or facility where

the committed person is assigned shall assist an eligible

person to complete a Medicaid application to ensure that the

person begins receiving benefits as soon as possible after his

or her release. The application must include the eligible

person's address associated with his or her residence upon

release from the facility. If the residence is temporary, the

eligible person must notify the Department of Human Services

of his or her change in address upon transition to permanent

housing.

(b) (Blank).

(c) Except as otherwise provided in this Code, the

Department shall establish procedures to provide written

notification of any release of any person who has been

convicted of a felony to the State's Attorney and sheriff of

the county from which the offender was committed, and the

State's Attorney and sheriff of the county into which the

offender is to be paroled or released. Except as otherwise

provided in this Code, the Department shall establish

procedures to provide written notification to the proper law

enforcement agency for any municipality of any release of any

person who has been convicted of a felony if the arrest of the

offender or the commission of the offense took place in the

municipality, if the offender is to be paroled or released

into the municipality, or if the offender resided in the

municipality at the time of the commission of the offense. If a

person convicted of a felony who is in the custody of the

Department of Corrections or on parole or mandatory supervised

release informs the Department that he or she has resided,

resides, or will reside at an address that is a housing

facility owned, managed, operated, or leased by a public

housing agency, the Department must send written notification

of that information to the public housing agency that owns,

manages, operates, or leases the housing facility. The written

notification shall, when possible, be given at least 14 days

before release of the person from custody, or as soon

thereafter as possible. The written notification shall be

provided electronically if the State's Attorney, sheriff,

proper law enforcement agency, or public housing agency has

provided the Department with an accurate and up to date email

address.

(c-1) (Blank).

(c-2) The Department shall establish procedures to provide

notice to the Illinois Department of State Police of the

release or discharge of persons convicted of violations of the

Methamphetamine Control and Community Protection Act or a

violation of the Methamphetamine Precursor Control Act. The

Illinois Department of State Police shall make this

information available to local, State, or federal law

enforcement agencies upon request.

(c-5) If a person on parole or mandatory supervised

release becomes a resident of a facility licensed or regulated

by the Department of Public Health, the Illinois Department of

Public Aid, or the Illinois Department of Human Services, the

Department of Corrections shall provide copies of the

following information to the appropriate licensing or

regulating Department and the licensed or regulated facility

where the person becomes a resident:

(1) The mittimus and any pre-sentence investigation

reports.

(2) The social evaluation prepared pursuant to Section

3-8-2.

(3) Any pre-release evaluation conducted pursuant to

subsection (j) of Section 3-6-2.

(4) Reports of disciplinary infractions and

dispositions.

(5) Any parole plan, including orders issued by the

Prisoner Review Board, and any violation reports and

dispositions.

(6) The name and contact information for the assigned

parole agent and parole supervisor.

This information shall be provided within 3 days of the

person becoming a resident of the facility.

(c-10) If a person on parole or mandatory supervised

release becomes a resident of a facility licensed or regulated

by the Department of Public Health, the Illinois Department of

Public Aid, or the Illinois Department of Human Services, the

Department of Corrections shall provide written notification

of such residence to the following:

(1) The Prisoner Review Board.

(2) The chief of police and sheriff in the

municipality and county in which the licensed facility is

located.

The notification shall be provided within 3 days of the

person becoming a resident of the facility.

(d) Upon the release of a committed person on parole,

mandatory supervised release, final discharge or pardon, the

Department shall provide such person with information

concerning programs and services of the Illinois Department of

Public Health to ascertain whether such person has been

exposed to the human immunodeficiency virus (HIV) or any

identified causative agent of Acquired Immunodeficiency

Syndrome (AIDS).

(e) Upon the release of a committed person on parole,

mandatory supervised release, final discharge, pardon, or who

has been wrongfully imprisoned, the Department shall verify

the released person's full name, date of birth, and social

security number. If verification is made by the Department by

obtaining a certified copy of the released person's birth

certificate and the released person's social security card or

other documents authorized by the Secretary, the Department

shall provide the birth certificate and social security card

or other documents authorized by the Secretary to the released

person. If verification by the Department is done by means

other than obtaining a certified copy of the released person's

birth certificate and the released person's social security

card or other documents authorized by the Secretary, the

Department shall complete a verification form, prescribed by

the Secretary of State, and shall provide that verification

form to the released person.

(f) Forty-five days prior to the scheduled discharge of a

person committed to the custody of the Department of

Corrections, the Department shall give the person who is

otherwise uninsured an opportunity to apply for health care

coverage including medical assistance under Article V of the

Illinois Public Aid Code in accordance with subsection (b) of

Section 1-8.5 of the Illinois Public Aid Code, and the

Department of Corrections shall provide assistance with

completion of the application for health care coverage

including medical assistance. The Department may adopt rules

to implement this Section.

(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;

revised 9-9-19.)

(730 ILCS 5/3-14-1.5)

Sec. 3-14-1.5. Parole agents and parole supervisors;

off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and

Section 24-1.6 of the Criminal Code of 2012 do not apply to

parole agents and parole supervisors who meet the following

conditions:

(1) The parole agent or parole supervisor must receive

training in the use of firearms while off-duty conducted by

the Illinois Law Enforcement Training Standards Board and be

certified as having successfully completing such training by

the Board. The Board shall determine the amount of such

training and the course content for such training. The parole

agent or parole supervisor shall requalify for the firearms

training annually at a State range certified by the Illinois

Law Enforcement Training Standards Board. The expenses of such

retraining shall be paid by the parole agent or parole

supervisor and moneys for such requalification shall be

expended at the request of the Illinois Law Enforcement

Training Standards Board.

(2) The parole agent or parole supervisor shall purchase

such firearm at his or her own expense and shall register the

firearm with the Illinois Department of State Police and with

any other local law enforcement agencies that require such

registration.

(3) The parole agent or parole supervisor may not carry

any Illinois Department of Corrections State issued firearm

while off-duty. A person who violates this paragraph (3) is

subject to disciplinary action by the Illinois Department of

Corrections.

(4) Parole agents and supervisors who are discharged from

employment of the Illinois Department of Corrections shall no

longer be considered law enforcement officials and all their

rights as law enforcement officials shall be revoked

permanently.

(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11;

97-1150, eff. 1-25-13.)

(730 ILCS 5/3-17-5)

Sec. 3-17-5. Transitional housing; licensing.

(a) The Department of Corrections shall license

transitional housing facilities for persons convicted of or

placed on supervision for sex offenses as defined in the Sex

Offender Management Board Act.

(b) A transitional housing facility must meet the

following criteria to be licensed by the Department:

(1) The facility shall provide housing to a sex

offender who is in compliance with his or her parole,

mandatory supervised release, probation, or supervision

order for a period not to exceed 90 days, unless extended

with approval from the Director or his or her designee.

Notice of any extension approved shall be provided to the

Prisoner Review Board.

(2) The Department of Corrections must approve a

treatment plan and counseling for each sex offender

residing in the transitional housing.

(3) The transitional housing facility must provide

security 24 hours each day and 7 days each week as defined

and approved by the Department.

(4) The facility must notify the police department,

public and private elementary and secondary schools,

public libraries, and each residential home and apartment

complex located within 500 feet of the transitional

housing facility of its initial licensure as a

transitional housing facility, and of its continuing

operation as a transitional housing facility annually

thereafter.

(5) Upon its initial licensure as a transitional

housing facility and during its licensure, each facility

shall maintain at its main entrance a visible and

conspicuous exterior sign identifying itself as, in

letters at least 4 inches tall, a "Department of

Corrections Licensed Transitional Housing Facility".

(6) Upon its initial licensure as a transitional

housing facility, each facility shall file in the office

of the county clerk of the county in which such facility is

located, a certificate setting forth the name under which

the facility is, or is to be, operated, and the true or

real full name or names of the person, persons or entity

operating the same, with the address of the facility. The

certificate shall be executed and duly acknowledged by the

person or persons so operating or intending to operate the

facility. Notice of the filing of the certificate shall be

published in a newspaper of general circulation published

within the county in which the certificate is filed. The

notice shall be published once a week for 3 consecutive

weeks. The first publication shall be within 15 days after

the certificate is filed in the office of the county

clerk. Proof of publication shall be filed with the county

clerk within 50 days from the date of filing the

certificate. Upon receiving proof of publication, the

clerk shall issue a receipt to the person filing the

certificate, but no additional charge shall be assessed by

the clerk for giving such receipt. Unless proof of

publication is made to the clerk, the notification is

void.

(7) Each licensed transitional housing facility shall

be identified on the Illinois State Police Sex Offender

Registry website, including the address of the facility

together with the maximum possible number of sex offenders

that the facility could house.

(c) The Department of Corrections shall establish rules

consistent with this Section establishing licensing procedures

and criteria for transitional housing facilities for sex

offenders, and may create criteria for, and issue licenses

for, different levels of facilities to be licensed. The

Department is authorized to set and charge a licensing fee for

each application for a transitional housing license. The rules

shall be adopted within 60 days after the effective date of

this amendatory Act of the 94th General Assembly. Facilities

which on the effective date of this amendatory Act of the 94th

General Assembly are currently housing and providing sex

offender treatment to sex offenders may continue housing more

than one sex offender on parole, mandatory supervised release,

probation, or supervision for a period of 120 days after the

adoption of licensure rules during which time the facility

shall apply for a transitional housing license.

(d) The Department of Corrections shall maintain a file on

each sex offender housed in a transitional housing facility.

The file shall contain efforts of the Department in placing a

sex offender in non-transitional housing, efforts of the

Department to place the sex offender in a county from which he

or she was convicted, the anticipated length of stay of each

sex offender in the transitional housing facility, the number

of sex offenders residing in the transitional housing

facility, and the services to be provided the sex offender

while he or she resides in the transitional housing facility.

(e) The Department of Corrections shall, on or before

December 31 of each year, file a report with the General

Assembly on the number of transitional housing facilities for

sex offenders licensed by the Department, the addresses of

each licensed facility, how many sex offenders are housed in

each facility, and the particular sex offense that each

resident of the transitional housing facility committed.

(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)

(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)

Sec. 5-2-4. Proceedings after acquittal by reason of

insanity.

(a) After a finding or verdict of not guilty by reason of

insanity under Sections 104-25, 115-3, or 115-4 of the Code of

Criminal Procedure of 1963, the defendant shall be ordered to

the Department of Human Services for an evaluation as to

whether he is in need of mental health services. The order

shall specify whether the evaluation shall be conducted on an

inpatient or outpatient basis. If the evaluation is to be

conducted on an inpatient basis, the defendant shall be placed

in a secure setting. With the court order for evaluation shall

be sent a copy of the arrest report, criminal charges, arrest

record, jail record, any report prepared under Section 115-6

of the Code of Criminal Procedure of 1963, and any statement

prepared under Section 6 of the Rights of Crime Victims and

Witnesses Act. The clerk of the circuit court shall transmit

this information to the Department within 5 days. If the court

orders that the evaluation be done on an inpatient basis, the

Department shall evaluate the defendant to determine to which

secure facility the defendant shall be transported and, within

20 days of the transmittal by the clerk of the circuit court of

the placement court order, notify the sheriff of the

designated facility. Upon receipt of that notice, the sheriff

shall promptly transport the defendant to the designated

facility. During the period of time required to determine the

appropriate placement, the defendant shall remain in jail. If,

within 20 days of the transmittal by the clerk of the circuit

court of the placement court order, the Department fails to

notify the sheriff of the identity of the facility to which the

defendant shall be transported, the sheriff shall contact a

designated person within the Department to inquire about when

a placement will become available at the designated facility

and bed availability at other facilities. If, within 20 days

of the transmittal by the clerk of the circuit court of the

placement court order, the Department fails to notify the

sheriff of the identity of the facility to which the defendant

shall be transported, the sheriff shall notify the Department

of its intent to transfer the defendant to the nearest secure

mental health facility operated by the Department and inquire

as to the status of the placement evaluation and availability

for admission to the facility operated by the Department by

contacting a designated person within the Department. The

Department shall respond to the sheriff within 2 business days

of the notice and inquiry by the sheriff seeking the transfer

and the Department shall provide the sheriff with the status

of the placement evaluation, information on bed and placement

availability, and an estimated date of admission for the

defendant and any changes to that estimated date of admission.

If the Department notifies the sheriff during the 2 business

day period of a facility operated by the Department with

placement availability, the sheriff shall promptly transport

the defendant to that facility. Individualized placement

evaluations by the Department of Human Services determine the

most appropriate setting for forensic treatment based upon a

number of factors including mental health diagnosis, proximity

to surviving victims, security need, age, gender, and

proximity to family.

The Department shall provide the Court with a report of

its evaluation within 30 days of the date of this order. The

Court shall hold a hearing as provided under the Mental Health

and Developmental Disabilities Code to determine if the

individual is: (a) in need of mental health services on an

inpatient basis; (b) in need of mental health services on an

outpatient basis; (c) a person not in need of mental health

services. The court shall afford the victim the opportunity to

make a written or oral statement as guaranteed by Article I,

Section 8.1 of the Illinois Constitution and Section 6 of the

Rights of Crime Victims and Witnesses Act. The court shall

allow a victim to make an oral statement if the victim is

present in the courtroom and requests to make an oral

statement. An oral statement includes the victim or a

representative of the victim reading the written statement.

The court may allow persons impacted by the crime who are not

victims under subsection (a) of Section 3 of the Rights of

Crime Victims and Witnesses Act to present an oral or written

statement. A victim and any person making an oral statement

shall not be put under oath or subject to cross-examination.

The court shall consider any statement presented along with

all other appropriate factors in determining the sentence of

the defendant or disposition of the juvenile. All statements

shall become part of the record of the court.

If the defendant is found to be in need of mental health

services on an inpatient care basis, the Court shall order the

defendant to the Department of Human Services. The defendant

shall be placed in a secure setting. Such defendants placed in

a secure setting shall not be permitted outside the facility's

housing unit unless escorted or accompanied by personnel of

the Department of Human Services or with the prior approval of

the Court for unsupervised on-grounds privileges as provided

herein. Any defendant placed in a secure setting pursuant to

this Section, transported to court hearings or other necessary

appointments off facility grounds by personnel of the

Department of Human Services, shall be placed in security

devices or otherwise secured during the period of

transportation to assure secure transport of the defendant and

the safety of Department of Human Services personnel and

others. These security measures shall not constitute restraint

as defined in the Mental Health and Developmental Disabilities

Code. If the defendant is found to be in need of mental health

services, but not on an inpatient care basis, the Court shall

conditionally release the defendant, under such conditions as

set forth in this Section as will reasonably assure the

defendant's satisfactory progress and participation in

treatment or rehabilitation and the safety of the defendant,

the victim, the victim's family members, and others. If the

Court finds the person not in need of mental health services,

then the Court shall order the defendant discharged from

custody.

(a-1) Definitions. For the purposes of this Section:

(A) (Blank).

(B) "In need of mental health services on an inpatient

basis" means: a defendant who has been found not guilty by

reason of insanity but who, due to mental illness, is

reasonably expected to inflict serious physical harm upon

himself or another and who would benefit from inpatient

care or is in need of inpatient care.

(C) "In need of mental health services on an

outpatient basis" means: a defendant who has been found

not guilty by reason of insanity who is not in need of

mental health services on an inpatient basis, but is in

need of outpatient care, drug and/or alcohol

rehabilitation programs, community adjustment programs,

individual, group, or family therapy, or chemotherapy.

(D) "Conditional Release" means: the release from

either the custody of the Department of Human Services or

the custody of the Court of a person who has been found not

guilty by reason of insanity under such conditions as the

Court may impose which reasonably assure the defendant's

satisfactory progress in treatment or habilitation and the

safety of the defendant, the victim, the victim's family,

and others. The Court shall consider such terms and

conditions which may include, but need not be limited to,

outpatient care, alcoholic and drug rehabilitation

programs, community adjustment programs, individual,

group, family, and chemotherapy, random testing to ensure

the defendant's timely and continuous taking of any

medicines prescribed to control or manage his or her

conduct or mental state, and periodic checks with the

legal authorities and/or the Department of Human Services.

The Court may order as a condition of conditional release

that the defendant not contact the victim of the offense

that resulted in the finding or verdict of not guilty by

reason of insanity or any other person. The Court may

order the Department of Human Services to provide care to

any person conditionally released under this Section. The

Department may contract with any public or private agency

in order to discharge any responsibilities imposed under

this Section. The Department shall monitor the provision

of services to persons conditionally released under this

Section and provide periodic reports to the Court

concerning the services and the condition of the

defendant. Whenever a person is conditionally released

pursuant to this Section, the State's Attorney for the

county in which the hearing is held shall designate in

writing the name, telephone number, and address of a

person employed by him or her who shall be notified in the

event that either the reporting agency or the Department

decides that the conditional release of the defendant

should be revoked or modified pursuant to subsection (i)

of this Section. Such conditional release shall be for a

period of five years. However, the defendant, the person

or facility rendering the treatment, therapy, program or

outpatient care, the Department, or the State's Attorney

may petition the Court for an extension of the conditional

release period for an additional 5 years. Upon receipt of

such a petition, the Court shall hold a hearing consistent

with the provisions of paragraph (a), this paragraph

(a-1), and paragraph (f) of this Section, shall determine

whether the defendant should continue to be subject to the

terms of conditional release, and shall enter an order

either extending the defendant's period of conditional

release for an additional 5-year period or discharging the

defendant. Additional 5-year periods of conditional

release may be ordered following a hearing as provided in

this Section. However, in no event shall the defendant's

period of conditional release continue beyond the maximum

period of commitment ordered by the Court pursuant to

paragraph (b) of this Section. These provisions for

extension of conditional release shall only apply to

defendants conditionally released on or after August 8,

2003. However, the extension provisions of Public Act

83-1449 apply only to defendants charged with a forcible

felony.

(E) "Facility director" means the chief officer of a

mental health or developmental disabilities facility or

his or her designee or the supervisor of a program of

treatment or habilitation or his or her designee.

"Designee" may include a physician, clinical psychologist,

social worker, nurse, or clinical professional counselor.

(b) If the Court finds the defendant in need of mental

health services on an inpatient basis, the admission,

detention, care, treatment or habilitation, treatment plans,

review proceedings, including review of treatment and

treatment plans, and discharge of the defendant after such

order shall be under the Mental Health and Developmental

Disabilities Code, except that the initial order for admission

of a defendant acquitted of a felony by reason of insanity

shall be for an indefinite period of time. Such period of

commitment shall not exceed the maximum length of time that

the defendant would have been required to serve, less credit

for good behavior as provided in Section 5-4-1 of the Unified

Code of Corrections, before becoming eligible for release had

he been convicted of and received the maximum sentence for the

most serious crime for which he has been acquitted by reason of

insanity. The Court shall determine the maximum period of

commitment by an appropriate order. During this period of

time, the defendant shall not be permitted to be in the

community in any manner, including, but not limited to,

off-grounds privileges, with or without escort by personnel of

the Department of Human Services, unsupervised on-grounds

privileges, discharge or conditional or temporary release,

except by a plan as provided in this Section. In no event shall

a defendant's continued unauthorized absence be a basis for

discharge. Not more than 30 days after admission and every 90

days thereafter so long as the initial order remains in

effect, the facility director shall file a treatment plan

report in writing with the court and forward a copy of the

treatment plan report to the clerk of the court, the State's

Attorney, and the defendant's attorney, if the defendant is

represented by counsel, or to a person authorized by the

defendant under the Mental Health and Developmental

Disabilities Confidentiality Act to be sent a copy of the

report. The report shall include an opinion as to whether the

defendant is currently in need of mental health services on an

inpatient basis or in need of mental health services on an

outpatient basis. The report shall also summarize the basis

for those findings and provide a current summary of the

following items from the treatment plan: (1) an assessment of

the defendant's treatment needs, (2) a description of the

services recommended for treatment, (3) the goals of each type

of element of service, (4) an anticipated timetable for the

accomplishment of the goals, and (5) a designation of the

qualified professional responsible for the implementation of

the plan. The report may also include unsupervised on-grounds

privileges, off-grounds privileges (with or without escort by

personnel of the Department of Human Services), home visits

and participation in work programs, but only where such

privileges have been approved by specific court order, which

order may include such conditions on the defendant as the

Court may deem appropriate and necessary to reasonably assure

the defendant's satisfactory progress in treatment and the

safety of the defendant and others.

(c) Every defendant acquitted of a felony by reason of

insanity and subsequently found to be in need of mental health

services shall be represented by counsel in all proceedings

under this Section and under the Mental Health and

Developmental Disabilities Code.

(1) The Court shall appoint as counsel the public

defender or an attorney licensed by this State.

(2) Upon filing with the Court of a verified statement

of legal services rendered by the private attorney

appointed pursuant to paragraph (1) of this subsection,

the Court shall determine a reasonable fee for such

services. If the defendant is unable to pay the fee, the

Court shall enter an order upon the State to pay the entire

fee or such amount as the defendant is unable to pay from

funds appropriated by the General Assembly for that

purpose.

(d) When the facility director determines that:

(1) the defendant is no longer in need of mental

health services on an inpatient basis; and

(2) the defendant may be conditionally released

because he or she is still in need of mental health

services or that the defendant may be discharged as not in

need of any mental health services; or

(3) (blank);

the facility director shall give written notice to the Court,

State's Attorney and defense attorney. Such notice shall set

forth in detail the basis for the recommendation of the

facility director, and specify clearly the recommendations, if

any, of the facility director, concerning conditional release.

Any recommendation for conditional release shall include an

evaluation of the defendant's need for psychotropic

medication, what provisions should be made, if any, to ensure

that the defendant will continue to receive psychotropic

medication following discharge, and what provisions should be

made to assure the safety of the defendant and others in the

event the defendant is no longer receiving psychotropic

medication. Within 30 days of the notification by the facility

director, the Court shall set a hearing and make a finding as

to whether the defendant is:

(i) (blank); or

(ii) in need of mental health services in the form of

inpatient care; or

(iii) in need of mental health services but not

subject to inpatient care; or

(iv) no longer in need of mental health services; or

(v) (blank).

A crime victim shall be allowed to present an oral and

written statement. The court shall allow a victim to make an

oral statement if the victim is present in the courtroom and

requests to make an oral statement. An oral statement includes

the victim or a representative of the victim reading the

written statement. A victim and any person making an oral

statement shall not be put under oath or subject to

cross-examination. All statements shall become part of the

record of the court.

Upon finding by the Court, the Court shall enter its

findings and such appropriate order as provided in subsections

(a) and (a-1) of this Section.

(e) A defendant admitted pursuant to this Section, or any

person on his behalf, may file a petition for treatment plan

review or discharge or conditional release under the standards

of this Section in the Court which rendered the verdict. Upon

receipt of a petition for treatment plan review or discharge

or conditional release, the Court shall set a hearing to be

held within 120 days. Thereafter, no new petition may be filed

for 180 days without leave of the Court.

(f) The Court shall direct that notice of the time and

place of the hearing be served upon the defendant, the

facility director, the State's Attorney, and the defendant's

attorney. If requested by either the State or the defense or if

the Court feels it is appropriate, an impartial examination of

the defendant by a psychiatrist or clinical psychologist as

defined in Section 1-103 of the Mental Health and

Developmental Disabilities Code who is not in the employ of

the Department of Human Services shall be ordered, and the

report considered at the time of the hearing.

(g) The findings of the Court shall be established by

clear and convincing evidence. The burden of proof and the

burden of going forth with the evidence rest with the

defendant or any person on the defendant's behalf when a

hearing is held to review a petition filed by or on behalf of

the defendant. The evidence shall be presented in open Court

with the right of confrontation and cross-examination. Such

evidence may include, but is not limited to:

(1) whether the defendant appreciates the harm caused

by the defendant to others and the community by his or her

prior conduct that resulted in the finding of not guilty

by reason of insanity;

(2) Whether the person appreciates the criminality of

conduct similar to the conduct for which he or she was

originally charged in this matter;

(3) the current state of the defendant's illness;

(4) what, if any, medications the defendant is taking

to control his or her mental illness;

(5) what, if any, adverse physical side effects the

medication has on the defendant;

(6) the length of time it would take for the

defendant's mental health to deteriorate if the defendant

stopped taking prescribed medication;

(7) the defendant's history or potential for alcohol

and drug abuse;

(8) the defendant's past criminal history;

(9) any specialized physical or medical needs of the

defendant;

(10) any family participation or involvement expected

upon release and what is the willingness and ability of

the family to participate or be involved;

(11) the defendant's potential to be a danger to

himself, herself, or others;

(11.5) a written or oral statement made by the victim;

and

(12) any other factor or factors the Court deems

appropriate.

(h) Before the court orders that the defendant be

discharged or conditionally released, it shall order the

facility director to establish a discharge plan that includes

a plan for the defendant's shelter, support, and medication.

If appropriate, the court shall order that the facility

director establish a program to train the defendant in

self-medication under standards established by the Department

of Human Services. If the Court finds, consistent with the

provisions of this Section, that the defendant is no longer in

need of mental health services it shall order the facility

director to discharge the defendant. If the Court finds,

consistent with the provisions of this Section, that the

defendant is in need of mental health services, and no longer

in need of inpatient care, it shall order the facility

director to release the defendant under such conditions as the

Court deems appropriate and as provided by this Section. Such

conditional release shall be imposed for a period of 5 years as

provided in paragraph (D) of subsection (a-1) and shall be

subject to later modification by the Court as provided by this

Section. If the Court finds consistent with the provisions in

this Section that the defendant is in need of mental health

services on an inpatient basis, it shall order the facility

director not to discharge or release the defendant in

accordance with paragraph (b) of this Section.

(i) If within the period of the defendant's conditional

release the State's Attorney determines that the defendant has

not fulfilled the conditions of his or her release, the

State's Attorney may petition the Court to revoke or modify

the conditional release of the defendant. Upon the filing of

such petition the defendant may be remanded to the custody of

the Department, or to any other mental health facility

designated by the Department, pending the resolution of the

petition. Nothing in this Section shall prevent the emergency

admission of a defendant pursuant to Article VI of Chapter III

of the Mental Health and Developmental Disabilities Code or

the voluntary admission of the defendant pursuant to Article

IV of Chapter III of the Mental Health and Developmental

Disabilities Code. If the Court determines, after hearing

evidence, that the defendant has not fulfilled the conditions

of release, the Court shall order a hearing to be held

consistent with the provisions of paragraph (f) and (g) of

this Section. At such hearing, if the Court finds that the

defendant is in need of mental health services on an inpatient

basis, it shall enter an order remanding him or her to the

Department of Human Services or other facility. If the

defendant is remanded to the Department of Human Services, he

or she shall be placed in a secure setting unless the Court

determines that there are compelling reasons that such

placement is not necessary. If the Court finds that the

defendant continues to be in need of mental health services

but not on an inpatient basis, it may modify the conditions of

the original release in order to reasonably assure the

defendant's satisfactory progress in treatment and his or her

safety and the safety of others in accordance with the

standards established in paragraph (D) of subsection (a-1).

Nothing in this Section shall limit a Court's contempt powers

or any other powers of a Court.

(j) An order of admission under this Section does not

affect the remedy of habeas corpus.

(k) In the event of a conflict between this Section and the

Mental Health and Developmental Disabilities Code or the

Mental Health and Developmental Disabilities Confidentiality

Act, the provisions of this Section shall govern.

(l) Public Act 90-593 shall apply to all persons who have

been found not guilty by reason of insanity and who are

presently committed to the Department of Mental Health and

Developmental Disabilities (now the Department of Human

Services).

(m) The Clerk of the Court shall transmit a certified copy

of the order of discharge or conditional release to the

Department of Human Services, to the sheriff of the county

from which the defendant was admitted, to the Illinois

Department of State Police, to the proper law enforcement

agency for the municipality where the offense took place, and

to the sheriff of the county into which the defendant is

conditionally discharged. The Illinois Department of State

Police shall maintain a centralized record of discharged or

conditionally released defendants while they are under court

supervision for access and use of appropriate law enforcement

agencies.

(n) The provisions in this Section which allow allows a

crime victim to make a written and oral statement do not apply

if the defendant was under 18 years of age at the time the

offense was committed.

(o) If any provision of this Section or its application to

any person or circumstance is held invalid, the invalidity of

that provision does not affect any other provision or

application of this Section that can be given effect without

the invalid provision or application.

(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;

100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.

7-12-19; revised 9-24-19.)

(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)

Sec. 5-4-3. Specimens; genetic marker groups.

(a) Any person convicted of, found guilty under the

Juvenile Court Act of 1987 for, or who received a disposition

of court supervision for, a qualifying offense or attempt of a

qualifying offense, convicted or found guilty of any offense

classified as a felony under Illinois law, convicted or found

guilty of any offense requiring registration under the Sex

Offender Registration Act, found guilty or given supervision

for any offense classified as a felony under the Juvenile

Court Act of 1987, convicted or found guilty of, under the

Juvenile Court Act of 1987, any offense requiring registration

under the Sex Offender Registration Act, or institutionalized

as a sexually dangerous person under the Sexually Dangerous

Persons Act, or committed as a sexually violent person under

the Sexually Violent Persons Commitment Act shall, regardless

of the sentence or disposition imposed, be required to submit

specimens of blood, saliva, or tissue to the Illinois

Department of State Police in accordance with the provisions

of this Section, provided such person is:

(1) convicted of a qualifying offense or attempt of a

qualifying offense on or after July 1, 1990 and sentenced

to a term of imprisonment, periodic imprisonment, fine,

probation, conditional discharge or any other form of

sentence, or given a disposition of court supervision for

the offense;

(1.5) found guilty or given supervision under the

Juvenile Court Act of 1987 for a qualifying offense or

attempt of a qualifying offense on or after January 1,

1997;

(2) ordered institutionalized as a sexually dangerous

person on or after July 1, 1990;

(3) convicted of a qualifying offense or attempt of a

qualifying offense before July 1, 1990 and is presently

confined as a result of such conviction in any State

correctional facility or county jail or is presently

serving a sentence of probation, conditional discharge or

periodic imprisonment as a result of such conviction;

(3.5) convicted or found guilty of any offense

classified as a felony under Illinois law or found guilty

or given supervision for such an offense under the

Juvenile Court Act of 1987 on or after August 22, 2002;

(4) presently institutionalized as a sexually

dangerous person or presently institutionalized as a

person found guilty but mentally ill of a sexual offense

or attempt to commit a sexual offense; or

(4.5) ordered committed as a sexually violent person

on or after the effective date of the Sexually Violent

Persons Commitment Act.

(a-1) Any person incarcerated in a facility of the

Illinois Department of Corrections or the Illinois Department

of Juvenile Justice on or after August 22, 2002, whether for a

term of years, natural life, or a sentence of death, who has

not yet submitted a specimen of blood, saliva, or tissue shall

be required to submit a specimen of blood, saliva, or tissue

prior to his or her final discharge, or release on parole,

aftercare release, or mandatory supervised release, as a

condition of his or her parole, aftercare release, or

mandatory supervised release, or within 6 months from August

13, 2009 (the effective date of Public Act 96-426), whichever

is sooner. A person incarcerated on or after August 13, 2009

(the effective date of Public Act 96-426) shall be required to

submit a specimen within 45 days of incarceration, or prior to

his or her final discharge, or release on parole, aftercare

release, or mandatory supervised release, as a condition of

his or her parole, aftercare release, or mandatory supervised

release, whichever is sooner. These specimens shall be placed

into the State or national DNA database, to be used in

accordance with other provisions of this Section, by the

Illinois State Police.

(a-2) Any person sentenced to life imprisonment in a

facility of the Illinois Department of Corrections after the

effective date of this amendatory Act of the 94th General

Assembly or sentenced to death after the effective date of

this amendatory Act of the 94th General Assembly shall be

required to provide a specimen of blood, saliva, or tissue

within 45 days after sentencing or disposition at a collection

site designated by the Illinois Department of State Police.

Any person serving a sentence of life imprisonment in a

facility of the Illinois Department of Corrections on the

effective date of this amendatory Act of the 94th General

Assembly or any person who is under a sentence of death on the

effective date of this amendatory Act of the 94th General

Assembly shall be required to provide a specimen of blood,

saliva, or tissue upon request at a collection site designated

by the Illinois Department of State Police.

(a-3) Any person seeking transfer to or residency in

Illinois under Sections 3-3-11.05 through 3-3-11.5 of this

Code, the Interstate Compact for Adult Offender Supervision,

or the Interstate Agreements on Sexually Dangerous Persons Act

shall be required to provide a specimen of blood, saliva, or

tissue within 45 days after transfer to or residency in

Illinois at a collection site designated by the Illinois

Department of State Police.

(a-3.1) Any person required by an order of the court to

submit a DNA specimen shall be required to provide a specimen

of blood, saliva, or tissue within 45 days after the court

order at a collection site designated by the Illinois

Department of State Police.

(a-3.2) On or after January 1, 2012 (the effective date of

Public Act 97-383), any person arrested for any of the

following offenses, after an indictment has been returned by a

grand jury, or following a hearing pursuant to Section 109-3

of the Code of Criminal Procedure of 1963 and a judge finds

there is probable cause to believe the arrestee has committed

one of the designated offenses, or an arrestee has waived a

preliminary hearing shall be required to provide a specimen of

blood, saliva, or tissue within 14 days after such indictment

or hearing at a collection site designated by the Illinois

Department of State Police:

(A) first degree murder;

(B) home invasion;

(C) predatory criminal sexual assault of a child;

(D) aggravated criminal sexual assault; or

(E) criminal sexual assault.

(a-3.3) Any person required to register as a sex offender

under the Sex Offender Registration Act, regardless of the

date of conviction as set forth in subsection (c-5.2) shall be

required to provide a specimen of blood, saliva, or tissue

within the time period prescribed in subsection (c-5.2) at a

collection site designated by the Illinois Department of State

Police.

(a-5) Any person who was otherwise convicted of or

received a disposition of court supervision for any other

offense under the Criminal Code of 1961 or the Criminal Code of

2012 or who was found guilty or given supervision for such a

violation under the Juvenile Court Act of 1987, may,

regardless of the sentence imposed, be required by an order of

the court to submit specimens of blood, saliva, or tissue to

the Illinois Department of State Police in accordance with the

provisions of this Section.

(b) Any person required by paragraphs (a)(1), (a)(1.5),

(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,

saliva, or tissue shall provide specimens of blood, saliva, or

tissue within 45 days after sentencing or disposition at a

collection site designated by the Illinois Department of State

Police.

(c) Any person required by paragraphs (a)(3), (a)(4), and

(a)(4.5) to provide specimens of blood, saliva, or tissue

shall be required to provide such specimens prior to final

discharge or within 6 months from August 13, 2009 (the

effective date of Public Act 96-426), whichever is sooner.

These specimens shall be placed into the State or national DNA

database, to be used in accordance with other provisions of

this Act, by the Illinois State Police.

(c-5) Any person required by paragraph (a-3) to provide

specimens of blood, saliva, or tissue shall, where feasible,

be required to provide the specimens before being accepted for

conditioned residency in Illinois under the interstate compact

or agreement, but no later than 45 days after arrival in this

State.

(c-5.2) Unless it is determined that a registered sex

offender has previously submitted a specimen of blood, saliva,

or tissue that has been placed into the State DNA database, a

person registering as a sex offender shall be required to

submit a specimen at the time of his or her initial

registration pursuant to the Sex Offender Registration Act or,

for a person registered as a sex offender on or prior to

January 1, 2012 (the effective date of Public Act 97-383),

within one year of January 1, 2012 (the effective date of

Public Act 97-383) or at the time of his or her next required

registration.

(c-6) The Illinois Department of State Police may

determine which type of specimen or specimens, blood, saliva,

or tissue, is acceptable for submission to the Division of

Forensic Services for analysis. The Illinois Department of

State Police may require the submission of fingerprints from

anyone required to give a specimen under this Act.

(d) The Illinois Department of State Police shall provide

all equipment and instructions necessary for the collection of

blood specimens. The collection of specimens shall be

performed in a medically approved manner. Only a physician

authorized to practice medicine, a registered nurse or other

qualified person trained in venipuncture may withdraw blood

for the purposes of this Act. The specimens shall thereafter

be forwarded to the Illinois Department of State Police,

Division of Forensic Services, for analysis and categorizing

into genetic marker groupings.

(d-1) The Illinois Department of State Police shall

provide all equipment and instructions necessary for the

collection of saliva specimens. The collection of saliva

specimens shall be performed in a medically approved manner.

Only a person trained in the instructions promulgated by the

Illinois State Police on collecting saliva may collect saliva

for the purposes of this Section. The specimens shall

thereafter be forwarded to the Illinois Department of State

Police, Division of Forensic Services, for analysis and

categorizing into genetic marker groupings.

(d-2) The Illinois Department of State Police shall

provide all equipment and instructions necessary for the

collection of tissue specimens. The collection of tissue

specimens shall be performed in a medically approved manner.

Only a person trained in the instructions promulgated by the

Illinois State Police on collecting tissue may collect tissue

for the purposes of this Section. The specimens shall

thereafter be forwarded to the Illinois Department of State

Police, Division of Forensic Services, for analysis and

categorizing into genetic marker groupings.

(d-5) To the extent that funds are available, the Illinois

Department of State Police shall contract with qualified

personnel and certified laboratories for the collection,

analysis, and categorization of known specimens, except as

provided in subsection (n) of this Section.

(d-6) Agencies designated by the Illinois Department of

State Police and the Illinois Department of State Police may

contract with third parties to provide for the collection or

analysis of DNA, or both, of an offender's blood, saliva, and

tissue specimens, except as provided in subsection (n) of this

Section.

(e) The genetic marker groupings shall be maintained by

the Illinois Department of State Police, Division of Forensic

Services.

(f) The genetic marker grouping analysis information

obtained pursuant to this Act shall be confidential and shall

be released only to peace officers of the United States, of

other states or territories, of the insular possessions of the

United States, of foreign countries duly authorized to receive

the same, to all peace officers of the State of Illinois and to

all prosecutorial agencies, and to defense counsel as provided

by Section 116-5 of the Code of Criminal Procedure of 1963. The

genetic marker grouping analysis information obtained pursuant

to this Act shall be used only for (i) valid law enforcement

identification purposes and as required by the Federal Bureau

of Investigation for participation in the National DNA

database, (ii) technology validation purposes, (iii) a

population statistics database, (iv) quality assurance

purposes if personally identifying information is removed, (v)

assisting in the defense of the criminally accused pursuant to

Section 116-5 of the Code of Criminal Procedure of 1963, or

(vi) identifying and assisting in the prosecution of a person

who is suspected of committing a sexual assault as defined in

Section 1a of the Sexual Assault Survivors Emergency Treatment

Act. Notwithstanding any other statutory provision to the

contrary, all information obtained under this Section shall be

maintained in a single State data base, which may be uploaded

into a national database, and which information may be subject

to expungement only as set forth in subsection (f-1).

(f-1) Upon receipt of notification of a reversal of a

conviction based on actual innocence, or of the granting of a

pardon pursuant to Section 12 of Article V of the Illinois

Constitution, if that pardon document specifically states that

the reason for the pardon is the actual innocence of an

individual whose DNA record has been stored in the State or

national DNA identification index in accordance with this

Section by the Illinois Department of State Police, the DNA

record shall be expunged from the DNA identification index,

and the Department shall by rule prescribe procedures to

ensure that the record and any specimens, analyses, or other

documents relating to such record, whether in the possession

of the Department or any law enforcement or police agency, or

any forensic DNA laboratory, including any duplicates or

copies thereof, are destroyed and a letter is sent to the court

verifying the expungement is completed. For specimens required

to be collected prior to conviction, unless the individual has

other charges or convictions that require submission of a

specimen, the DNA record for an individual shall be expunged

from the DNA identification databases and the specimen

destroyed upon receipt of a certified copy of a final court

order for each charge against an individual in which the

charge has been dismissed, resulted in acquittal, or that the

charge was not filed within the applicable time period. The

Department shall by rule prescribe procedures to ensure that

the record and any specimens in the possession or control of

the Department are destroyed and a letter is sent to the court

verifying the expungement is completed.

(f-5) Any person who intentionally uses genetic marker

grouping analysis information, or any other information

derived from a DNA specimen, beyond the authorized uses as

provided under this Section, or any other Illinois law, is

guilty of a Class 4 felony, and shall be subject to a fine of

not less than $5,000.

(f-6) The Illinois Department of State Police may contract

with third parties for the purposes of implementing this

amendatory Act of the 93rd General Assembly, except as

provided in subsection (n) of this Section. Any other party

contracting to carry out the functions of this Section shall

be subject to the same restrictions and requirements of this

Section insofar as applicable, as the Illinois Department of

State Police, and to any additional restrictions imposed by

the Illinois Department of State Police.

(g) For the purposes of this Section, "qualifying offense"

means any of the following:

(1) any violation or inchoate violation of Section

11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of

2012;

(1.1) any violation or inchoate violation of Section

9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,

18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of

1961 or the Criminal Code of 2012 for which persons are

convicted on or after July 1, 2001;

(2) any former statute of this State which defined a

felony sexual offense;

(3) (blank);

(4) any inchoate violation of Section 9-3.1, 9-3.4,

11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or

the Criminal Code of 2012; or

(5) any violation or inchoate violation of Article 29D

of the Criminal Code of 1961 or the Criminal Code of 2012.

(g-5) (Blank).

(h) The Illinois Department of State Police shall be the

State central repository for all genetic marker grouping

analysis information obtained pursuant to this Act. The

Illinois Department of State Police may promulgate rules for

the form and manner of the collection of blood, saliva, or

tissue specimens and other procedures for the operation of

this Act. The provisions of the Administrative Review Law

shall apply to all actions taken under the rules so

promulgated.

(i) (1) A person required to provide a blood, saliva, or

tissue specimen shall cooperate with the collection of the

specimen and any deliberate act by that person intended to

impede, delay or stop the collection of the blood, saliva,

or tissue specimen is a Class 4 felony.

(2) In the event that a person's DNA specimen is not

adequate for any reason, the person shall provide another

DNA specimen for analysis. Duly authorized law enforcement

and corrections personnel may employ reasonable force in

cases in which an individual refuses to provide a DNA

specimen required under this Act.

(j) (Blank).

(k) All analysis and categorization assessments provided

under the Criminal and Traffic Assessments Act to the State

Offender DNA Identification System Fund shall be regulated as

follows:

(1) The State Offender DNA Identification System Fund

is hereby created as a special fund in the State Treasury.

(2) (Blank).

(3) Moneys deposited into the State Offender DNA

Identification System Fund shall be used by Illinois State

Police crime laboratories as designated by the Director of

the Illinois State Police. These funds shall be in

addition to any allocations made pursuant to existing laws

and shall be designated for the exclusive use of State

crime laboratories. These uses may include, but are not

limited to, the following:

(A) Costs incurred in providing analysis and

genetic marker categorization as required by

subsection (d).

(B) Costs incurred in maintaining genetic marker

groupings as required by subsection (e).

(C) Costs incurred in the purchase and maintenance

of equipment for use in performing analyses.

(D) Costs incurred in continuing research and

development of new techniques for analysis and genetic

marker categorization.

(E) Costs incurred in continuing education,

training, and professional development of forensic

scientists regularly employed by these laboratories.

(l) The failure of a person to provide a specimen, or of

any person or agency to collect a specimen, shall in no way

alter the obligation of the person to submit such specimen, or

the authority of the Illinois Department of State Police or

persons designated by the Department to collect the specimen,

or the authority of the Illinois Department of State Police to

accept, analyze and maintain the specimen or to maintain or

upload results of genetic marker grouping analysis information

into a State or national database.

(m) If any provision of this amendatory Act of the 93rd

General Assembly is held unconstitutional or otherwise

invalid, the remainder of this amendatory Act of the 93rd

General Assembly is not affected.

(n) Neither the Illinois Department of State Police, the

Division of Forensic Services, nor any laboratory of the

Division of Forensic Services may contract out forensic

testing for the purpose of an active investigation or a matter

pending before a court of competent jurisdiction without the

written consent of the prosecuting agency. For the purposes of

this subsection (n), "forensic testing" includes the analysis

of physical evidence in an investigation or other proceeding

for the prosecution of a violation of the Criminal Code of 1961

or the Criminal Code of 2012 or for matters adjudicated under

the Juvenile Court Act of 1987, and includes the use of

forensic databases and databanks, including DNA, firearm, and

fingerprint databases, and expert testimony.

(o) Mistake does not invalidate a database match. The

detention, arrest, or conviction of a person based upon a

database match or database information is not invalidated if

it is determined that the specimen was obtained or placed in

the database by mistake.

(p) This Section may be referred to as the Illinois DNA

Database Law of 2011.

(Source: P.A. 100-987, eff. 7-1-19.)

(730 ILCS 5/5-4-3a)

Sec. 5-4-3a. DNA testing backlog accountability.

(a) On or before August 1 of each year, the Illinois

Department of State Police shall report to the Governor and

both houses of the General Assembly the following information:

(1) the extent of the backlog of cases awaiting

testing or awaiting DNA analysis by that Department,

including but not limited to those tests conducted under

Section 5-4-3, as of June 30 of the previous fiscal year,

with the backlog being defined as all cases awaiting

forensic testing whether in the physical custody of the

Illinois State Police or in the physical custody of local

law enforcement, provided that the Illinois State Police

have written notice of any evidence in the physical

custody of local law enforcement prior to June 1 of that

year; and

(2) what measures have been and are being taken to

reduce that backlog and the estimated costs or

expenditures in doing so.

(b) The information reported under this Section shall be

made available to the public, at the time it is reported, on

the official web site of the Illinois Department of State

Police.

(c) Beginning January 1, 2016, the Illinois Department of

State Police shall quarterly report on the status of the

processing of forensic biology and DNA evidence submitted to

the Illinois Department of State Police Laboratory for

analysis. The report shall be submitted to the Governor and

the General Assembly, and shall be posted on the Illinois

Department of State Police website. The report shall include

the following for each Illinois State Police Laboratory

location and any laboratory to which the Illinois Department

of State Police has outsourced evidence for testing:

(1) For forensic biology submissions, report both

total case and sexual assault or abuse case (as defined by

the Sexual Assault Evidence Submission Act) figures for:

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(D) The number of cases sent for outsourcing.

(E) The number of cases waiting analysis that were

received within the past 30 days.

(F) The number of cases waiting analysis that were

received 31 to 90 days prior.

(G) The number of cases waiting analysis that were

received 91 to 180 days prior.

(H) The number of cases waiting analysis that were

received 181 to 365 days prior.

(I) The number of cases waiting analysis that were

received more than 365 days prior.

(J) The number of cases forwarded for DNA

analyses.

(2) For DNA submissions, report both total case and

sexual assault or abuse case (as defined by the Sexual

Assault Evidence Submission Act) figures for:

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(D) The number of cases sent for outsourcing.

(E) The number of cases waiting analysis that were

received within the past 30 days.

(F) The number of cases waiting analysis that were

received 31 to 90 days prior.

(G) The number of cases waiting analysis that were

received 91 to 180 days prior.

(H) The number of cases waiting analysis that were

received 181 to 365 days prior.

(I) The number of cases waiting analysis that were

received more than 365 days prior.

(3) For all other categories of testing (e.g., drug

chemistry, firearms/toolmark, footwear/tire track, latent

prints, toxicology, and trace chemistry analysis):

(A) The number of cases received in the preceding

quarter.

(B) The number of cases completed in the preceding

quarter.

(C) The number of cases waiting analysis.

(4) For the Combined DNA Index System (CODIS), report

both total case and sexual assault or abuse case (as

defined by the Sexual Assault Evidence Submission Act)

figures for subparagraphs (D), (E), and (F) of this

paragraph (4):

(A) The number of new offender samples received in

the preceding quarter.

(B) The number of offender samples uploaded to

CODIS in the preceding quarter.

(C) The number of offender samples awaiting

analysis.

(D) The number of unknown DNA case profiles

uploaded to CODIS in the preceding quarter.

(E) The number of CODIS hits in the preceding

quarter.

(F) The number of forensic evidence submissions

submitted to confirm a previously reported CODIS hit.

(5) For each category of testing, report the number of

trained forensic scientists and the number of forensic

scientists in training.

As used in this subsection (c), "completed" means

completion of both the analysis of the evidence and the

provision of the results to the submitting law enforcement

agency.

(d) The provisions of this subsection (d), other than this

sentence, are inoperative on and after January 1, 2019 or 2

years after the effective date of this amendatory Act of the

99th General Assembly, whichever is later. In consultation

with and subject to the approval of the Chief Procurement

Officer, the Illinois Department of State Police may obtain

contracts for services, commodities, and equipment to assist

in the timely completion of forensic biology, DNA, drug

chemistry, firearms/toolmark, footwear/tire track, latent

prints, toxicology, microscopy, trace chemistry, and Combined

DNA Index System (CODIS) analysis. Contracts to support the

delivery of timely forensic science services are not subject

to the provisions of the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

that Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. For any

contracts for services which are currently provided by members

of a collective bargaining agreement, the applicable terms of

the collective bargaining agreement concerning subcontracting

shall be followed.

(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)

(730 ILCS 5/5-4-3b)

Sec. 5-4-3b. Electronic Laboratory Information Management

System.

(a) The Illinois Department of State Police shall obtain,

implement, and maintain an Electronic Laboratory Information

Management System (LIMS) to efficiently and effectively track

all evidence submitted for forensic testing. At a minimum, the

LIMS shall record:

(1) the criminal offense or suspected criminal offense

for which the evidence is being submitted;

(2) the law enforcement agency submitting the

evidence;

(3) the name of the victim;

(4) the law enforcement agency case number;

(5) the Illinois State Police Laboratory case number;

(6) the date the evidence was received by the Illinois

State Police Laboratory;

(7) if the Illinois State Police Laboratory sent the

evidence for analysis to another designated laboratory,

the name of the laboratory and the date the evidence was

sent to that laboratory; and

(8) the date and description of any results or

information regarding the analysis sent to the submitting

law enforcement agency by the Illinois State Police

Laboratory or any other designated laboratory.

The LIMS shall also link multiple forensic evidence

submissions pertaining to a single criminal investigation such

that evidence submitted to confirm a previously reported

Combined DNA Index System (CODIS) hit in a State or federal

database can be linked to the initial evidence submission. The

LIMS shall be such that the system provides ease of

interoperability with law enforcement agencies for evidence

submission and reporting, as well as supports expansion

capabilities for future internal networking and laboratory

operations.

(b) The Illinois Department of State Police, in

consultation with and subject to the approval of the Chief

Procurement Officer, may procure a single contract or multiple

contracts to implement the provisions of this Section. A

contract or contracts under this subsection are not subject to

the provisions of the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of

that Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. This

exemption is inoperative 2 years from January 1, 2016 (the

effective date of Public Act 99-352).

(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)

(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)

Sec. 5-5-4. Resentences.

(a) Where a conviction or sentence has been set aside on

direct review or on collateral attack, the court shall not

impose a new sentence for the same offense or for a different

offense based on the same conduct which is more severe than the

prior sentence less the portion of the prior sentence

previously satisfied unless the more severe sentence is based

upon conduct on the part of the defendant occurring after the

original sentencing. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of

a fact (other than a prior conviction) necessary to increase

the punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(b) If a conviction or sentence has been set aside on

direct review or on collateral attack and the court determines

by clear and convincing evidence that the defendant was

factually innocent of the charge, the court shall enter an

order expunging the record of arrest from the official records

of the arresting authority and order that the records of the

clerk of the circuit court and Illinois Department of State

Police be sealed until further order of the court upon good

cause shown or as otherwise provided herein, and the name of

the defendant obliterated from the official index requested to

be kept by the circuit court clerk under Section 16 of the

Clerks of Courts Act in connection with the arrest and

conviction for the offense but the order shall not affect any

index issued by the circuit court clerk before the entry of the

order. The court shall enter the expungement order regardless

of whether the defendant has prior criminal convictions.

All records sealed by the Illinois Department of State

Police may be disseminated by the Department only as required

by law or to the arresting authority, the State's Attorney,

the court upon a later arrest for the same or similar offense,

or for the purpose of sentencing for any subsequent felony.

Upon conviction for any subsequent offense, the Department of

Corrections shall have access to all sealed records of the

Department pertaining to that individual.

Upon entry of the order of expungement, the clerk of the

circuit court shall promptly mail a copy of the order to the

person whose records were expunged and sealed.

(c) If a conviction has been vacated as a result of a claim

of actual innocence based on newly discovered evidence made

under Section 122-1 of the Code of Criminal Procedure of 1963

or Section 2-1401 of the Code of Civil Procedure, and the

provisions of paragraphs (1) and (2) of subsection (g) of

Section 2-702 of the Code of Civil Procedure are otherwise

satisfied, the court shall enter an order for a certificate of

innocence and an order expunging the conviction for which the

petitioner has been determined to be innocent as provided in

subsection (h) of Section 2-702 of the Code of Civil

Procedure.

(Source: P.A. 98-133, eff. 1-1-14.)

(730 ILCS 5/5-5.5-40)

Sec. 5-5.5-40. Forms and filing.

(a) All applications, certificates, and orders of

revocation necessary for the purposes of this Article shall be

upon forms prescribed by the Chief Justice of the Supreme

Court or his or her designee. The forms relating to

certificates of relief from disabilities and certificates of

good conduct shall be distributed by the Director of the

Division of Probation Services.

(b) Any court or board issuing or revoking any certificate

under this Article shall immediately file a copy of the

certificate or of the order of revocation with the Director of

the Illinois State Police.

(Source: P.A. 96-852, eff. 1-1-10.)

(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

Sec. 5-6-3. Conditions of probation and of conditional

discharge.

(a) The conditions of probation and of conditional

discharge shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) report to or appear in person before such person

or agency as directed by the court;

(3) refrain from possessing a firearm or other

dangerous weapon where the offense is a felony or, if a

misdemeanor, the offense involved the intentional or

knowing infliction of bodily harm or threat of bodily

harm;

(4) not leave the State without the consent of the

court or, in circumstances in which the reason for the

absence is of such an emergency nature that prior consent

by the court is not possible, without the prior

notification and approval of the person's probation

officer. Transfer of a person's probation or conditional

discharge supervision to another state is subject to

acceptance by the other state pursuant to the Interstate

Compact for Adult Offender Supervision;

(5) permit the probation officer to visit him at his

home or elsewhere to the extent necessary to discharge his

duties;

(6) perform no less than 30 hours of community service

and not more than 120 hours of community service, if

community service is available in the jurisdiction and is

funded and approved by the county board where the offense

was committed, where the offense was related to or in

furtherance of the criminal activities of an organized

gang and was motivated by the offender's membership in or

allegiance to an organized gang. The community service

shall include, but not be limited to, the cleanup and

repair of any damage caused by a violation of Section

21-1.3 of the Criminal Code of 1961 or the Criminal Code of

2012 and similar damage to property located within the

municipality or county in which the violation occurred.

When possible and reasonable, the community service should

be performed in the offender's neighborhood. For purposes

of this Section, "organized gang" has the meaning ascribed

to it in Section 10 of the Illinois Streetgang Terrorism

Omnibus Prevention Act. The court may give credit toward

the fulfillment of community service hours for

participation in activities and treatment as determined by

court services;

(7) if he or she is at least 17 years of age and has

been sentenced to probation or conditional discharge for a

misdemeanor or felony in a county of 3,000,000 or more

inhabitants and has not been previously convicted of a

misdemeanor or felony, may be required by the sentencing

court to attend educational courses designed to prepare

the defendant for a high school diploma and to work toward

a high school diploma or to work toward passing high

school equivalency testing or to work toward completing a

vocational training program approved by the court. The

person on probation or conditional discharge must attend a

public institution of education to obtain the educational

or vocational training required by this paragraph (7). The

court shall revoke the probation or conditional discharge

of a person who willfully wilfully fails to comply with

this paragraph (7). The person on probation or conditional

discharge shall be required to pay for the cost of the

educational courses or high school equivalency testing if

a fee is charged for those courses or testing. The court

shall resentence the offender whose probation or

conditional discharge has been revoked as provided in

Section 5-6-4. This paragraph (7) does not apply to a

person who has a high school diploma or has successfully

passed high school equivalency testing. This paragraph (7)

does not apply to a person who is determined by the court

to be a person with a developmental disability or

otherwise mentally incapable of completing the educational

or vocational program;

(8) if convicted of possession of a substance

prohibited by the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act after a previous conviction

or disposition of supervision for possession of a

substance prohibited by the Cannabis Control Act or

Illinois Controlled Substances Act or after a sentence of

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act, or

Section 70 of the Methamphetamine Control and Community

Protection Act and upon a finding by the court that the

person is addicted, undergo treatment at a substance abuse

program approved by the court;

(8.5) if convicted of a felony sex offense as defined

in the Sex Offender Management Board Act, the person shall

undergo and successfully complete sex offender treatment

by a treatment provider approved by the Board and

conducted in conformance with the standards developed

under the Sex Offender Management Board Act;

(8.6) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, refrain from residing

at the same address or in the same condominium unit or

apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has

been placed on supervision for a sex offense; the

provisions of this paragraph do not apply to a person

convicted of a sex offense who is placed in a Department of

Corrections licensed transitional housing facility for sex

offenders;

(8.7) if convicted for an offense committed on or

after June 1, 2008 (the effective date of Public Act

95-464) that would qualify the accused as a child sex

offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012,

refrain from communicating with or contacting, by means of

the Internet, a person who is not related to the accused

and whom the accused reasonably believes to be under 18

years of age; for purposes of this paragraph (8.7),

"Internet" has the meaning ascribed to it in Section

16-0.1 of the Criminal Code of 2012; and a person is not

related to the accused if the person is not: (i) the

spouse, brother, or sister of the accused; (ii) a

descendant of the accused; (iii) a first or second cousin

of the accused; or (iv) a step-child or adopted child of

the accused;

(8.8) if convicted for an offense under Section 11-6,

11-9.1, 11-14.4 that involves soliciting for a juvenile

prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

of the Criminal Code of 1961 or the Criminal Code of 2012,

or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983):

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or

software systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the

Sex Offender Registration Act committed on or after

January 1, 2010 (the effective date of Public Act 96-262),

refrain from accessing or using a social networking

website as defined in Section 17-0.5 of the Criminal Code

of 2012;

(9) if convicted of a felony or of any misdemeanor

violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

12-3.5 of the Criminal Code of 1961 or the Criminal Code of

2012 that was determined, pursuant to Section 112A-11.1 of

the Code of Criminal Procedure of 1963, to trigger the

prohibitions of 18 U.S.C. 922(g)(9), physically surrender

at a time and place designated by the court, his or her

Firearm Owner's Identification Card and any and all

firearms in his or her possession. The Court shall return

to the Illinois Department of State Police Firearm Owner's

Identification Card Office the person's Firearm Owner's

Identification Card;

(10) if convicted of a sex offense as defined in

subsection (a-5) of Section 3-1-2 of this Code, unless the

offender is a parent or guardian of the person under 18

years of age present in the home and no non-familial

minors are present, not participate in a holiday event

involving children under 18 years of age, such as

distributing candy or other items to children on

Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa

Claus, or wearing an Easter Bunny costume on or preceding

Easter;

(11) if convicted of a sex offense as defined in

Section 2 of the Sex Offender Registration Act committed

on or after January 1, 2010 (the effective date of Public

Act 96-362) that requires the person to register as a sex

offender under that Act, may not knowingly use any

computer scrub software on any computer that the sex

offender uses;

(12) if convicted of a violation of the

Methamphetamine Control and Community Protection Act, the

Methamphetamine Precursor Control Act, or a

methamphetamine related offense:

(A) prohibited from purchasing, possessing, or

having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and

(B) prohibited from purchasing, possessing, or

having under his or her control any product containing

ammonium nitrate; and

(13) if convicted of a hate crime involving the

protected class identified in subsection (a) of Section

12-7.1 of the Criminal Code of 2012 that gave rise to the

offense the offender committed, perform public or

community service of no less than 200 hours and enroll in

an educational program discouraging hate crimes that

includes racial, ethnic, and cultural sensitivity training

ordered by the court.

(b) The Court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the Court require that

the person:

(1) serve a term of periodic imprisonment under

Article 7 for a period not to exceed that specified in

paragraph (d) of Section 5-7-1;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home;

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is convicted of a crime of

violence as defined in Section 2 of the Crime Victims

Compensation Act committed in a school, on the real

property comprising a school, or within 1,000 feet of

the real property comprising a school;

(8) make restitution as provided in Section 5-5-6 of

this Code;

(9) perform some reasonable public or community

service;

(10) serve a term of home confinement. In addition to

any other applicable condition of probation or conditional

discharge, the conditions of home confinement shall be

that the offender:

(i) remain within the interior premises of the

place designated for his confinement during the hours

designated by the court;

(ii) admit any person or agent designated by the

court into the offender's place of confinement at any

time for purposes of verifying the offender's

compliance with the conditions of his confinement; and

(iii) if further deemed necessary by the court or

the Probation or Court Services Department, be placed

on an approved electronic monitoring device, subject

to Article 8A of Chapter V;

(iv) for persons convicted of any alcohol,

cannabis or controlled substance violation who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the offender to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer for

deposit in the substance abuse services fund under

Section 5-1086.1 of the Counties Code, except as

provided in an administrative order of the Chief Judge

of the circuit court.

The Chief Judge of the circuit court of the county

may by administrative order establish a program for

electronic monitoring of offenders, in which a vendor

supplies and monitors the operation of the electronic

monitoring device, and collects the fees on behalf of

the county. The program shall include provisions for

indigent offenders and the collection of unpaid fees.

The program shall not unduly burden the offender and

shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device; and

(v) for persons convicted of offenses other than

those referenced in clause (iv) above and who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the defendant to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The

clerk of the circuit court shall pay all monies

collected from this fee to the county treasurer who

shall use the monies collected to defray the costs of

corrections. The county treasurer shall deposit the

fee collected in the probation and court services

fund. The Chief Judge of the circuit court of the

county may by administrative order establish a program

for electronic monitoring of offenders, in which a

vendor supplies and monitors the operation of the

electronic monitoring device, and collects the fees on

behalf of the county. The program shall include

provisions for indigent offenders and the collection

of unpaid fees. The program shall not unduly burden

the offender and shall be subject to review by the

Chief Judge.

The Chief Judge of the circuit court may suspend

any additional charges or fees for late payment,

interest, or damage to any device.

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986, as now or hereafter

amended, or an order of protection issued by the court of

another state, tribe, or United States territory. A copy

of the order of protection shall be transmitted to the

probation officer or agency having responsibility for the

case;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council

Act for any reasonable expenses incurred by the program on

the offender's case, not to exceed the maximum amount of

the fine authorized for the offense for which the

defendant was sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses

under the jurisdiction of the Department of Natural

Resources, to the fund established by the Department of

Natural Resources for the purchase of evidence for

investigation purposes and to conduct investigations as

outlined in Section 805-105 of the Department of Natural

Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer, if the defendant has been placed on

probation or advance approval by the court, if the

defendant was placed on conditional discharge;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or

the Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of

his or her blood or urine or both for tests to determine

the presence of any illicit drug;

(17) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464)

that would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code

of 1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the

Internet, a person who is related to the accused and whom

the accused reasonably believes to be under 18 years of

age; for purposes of this paragraph (17), "Internet" has

the meaning ascribed to it in Section 16-0.1 of the

Criminal Code of 2012; and a person is related to the

accused if the person is: (i) the spouse, brother, or

sister of the accused; (ii) a descendant of the accused;

(iii) a first or second cousin of the accused; or (iv) a

step-child or adopted child of the accused;

(18) if convicted for an offense committed on or after

June 1, 2009 (the effective date of Public Act 95-983)

that would qualify as a sex offense as defined in the Sex

Offender Registration Act:

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

subject's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer; and

(19) refrain from possessing a firearm or other

dangerous weapon where the offense is a misdemeanor that

did not involve the intentional or knowing infliction of

bodily harm or threat of bodily harm.

(c) The court may as a condition of probation or of

conditional discharge require that a person under 18 years of

age found guilty of any alcohol, cannabis or controlled

substance violation, refrain from acquiring a driver's license

during the period of probation or conditional discharge. If

such person is in possession of a permit or license, the court

may require that the minor refrain from driving or operating

any motor vehicle during the period of probation or

conditional discharge, except as may be necessary in the

course of the minor's lawful employment.

(d) An offender sentenced to probation or to conditional

discharge shall be given a certificate setting forth the

conditions thereof.

(e) Except where the offender has committed a fourth or

subsequent violation of subsection (c) of Section 6-303 of the

Illinois Vehicle Code, the court shall not require as a

condition of the sentence of probation or conditional

discharge that the offender be committed to a period of

imprisonment in excess of 6 months. This 6-month limit shall

not include periods of confinement given pursuant to a

sentence of county impact incarceration under Section 5-8-1.2.

Persons committed to imprisonment as a condition of

probation or conditional discharge shall not be committed to

the Department of Corrections.

(f) The court may combine a sentence of periodic

imprisonment under Article 7 or a sentence to a county impact

incarceration program under Article 8 with a sentence of

probation or conditional discharge.

(g) An offender sentenced to probation or to conditional

discharge and who during the term of either undergoes

mandatory drug or alcohol testing, or both, or is assigned to

be placed on an approved electronic monitoring device, shall

be ordered to pay all costs incidental to such mandatory drug

or alcohol testing, or both, and all costs incidental to such

approved electronic monitoring in accordance with the

defendant's ability to pay those costs. The county board with

the concurrence of the Chief Judge of the judicial circuit in

which the county is located shall establish reasonable fees

for the cost of maintenance, testing, and incidental expenses

related to the mandatory drug or alcohol testing, or both, and

all costs incidental to approved electronic monitoring,

involved in a successful probation program for the county. The

concurrence of the Chief Judge shall be in the form of an

administrative order. The fees shall be collected by the clerk

of the circuit court, except as provided in an administrative

order of the Chief Judge of the circuit court. The clerk of the

circuit court shall pay all moneys collected from these fees

to the county treasurer who shall use the moneys collected to

defray the costs of drug testing, alcohol testing, and

electronic monitoring. The county treasurer shall deposit the

fees collected in the county working cash fund under Section

6-27001 or Section 6-29002 of the Counties Code, as the case

may be. The Chief Judge of the circuit court of the county may

by administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device,

and collects the fees on behalf of the county. The program

shall include provisions for indigent offenders and the

collection of unpaid fees. The program shall not unduly burden

the offender and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(h) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers

of jurisdiction are also authorized in the same manner. The

court to which jurisdiction has been transferred shall have

the same powers as the sentencing court. The probation

department within the circuit to which jurisdiction has been

transferred, or which has agreed to provide supervision, may

impose probation fees upon receiving the transferred offender,

as provided in subsection (i). For all transfer cases, as

defined in Section 9b of the Probation and Probation Officers

Act, the probation department from the original sentencing

court shall retain all probation fees collected prior to the

transfer. After the transfer, all probation fees shall be paid

to the probation department within the circuit to which

jurisdiction has been transferred.

(i) The court shall impose upon an offender sentenced to

probation after January 1, 1989 or to conditional discharge

after January 1, 1992 or to community service under the

supervision of a probation or court services department after

January 1, 2004, as a condition of such probation or

conditional discharge or supervised community service, a fee

of $50 for each month of probation or conditional discharge

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

sentenced to probation or conditional discharge or supervised

community service to pay the fee, the court assesses a lesser

fee. The court may not impose the fee on a minor who is placed

in the guardianship or custody of the Department of Children

and Family Services under the Juvenile Court Act of 1987 while

the minor is in placement. The fee shall be imposed only upon

an offender who is actively supervised by the probation and

court services department. The fee shall be collected by the

clerk of the circuit court. The clerk of the circuit court

shall pay all monies collected from this fee to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probation Officers

Act.

A circuit court may not impose a probation fee under this

subsection (i) in excess of $25 per month unless the circuit

court has adopted, by administrative order issued by the chief

judge, a standard probation fee guide determining an

offender's ability to pay. Of the amount collected as a

probation fee, up to $5 of that fee collected per month may be

used to provide services to crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate

compact, shall be required to pay probation fees to the

department supervising the offender, based on the offender's

ability to pay.

Public Act 93-970 deletes the $10 increase in the fee

under this subsection that was imposed by Public Act 93-616.

This deletion is intended to control over any other Act of the

93rd General Assembly that retains or incorporates that fee

increase.

(i-5) In addition to the fees imposed under subsection (i)

of this Section, in the case of an offender convicted of a

felony sex offense (as defined in the Sex Offender Management

Board Act) or an offense that the court or probation

department has determined to be sexually motivated (as defined

in the Sex Offender Management Board Act), the court or the

probation department shall assess additional fees to pay for

all costs of treatment, assessment, evaluation for risk and

treatment, and monitoring the offender, based on that

offender's ability to pay those costs either as they occur or

under a payment plan.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under the Criminal

and Traffic Assessment Act.

(k) Any offender who is sentenced to probation or

conditional discharge for a felony sex offense as defined in

the Sex Offender Management Board Act or any offense that the

court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(l) The court may order an offender who is sentenced to

probation or conditional discharge for a violation of an order

of protection be placed under electronic surveillance as

provided in Section 5-8A-7 of this Code.

(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)

(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)

Sec. 5-9-1.2. (a) Twelve and one-half percent of all

amounts collected as fines pursuant to Section 5-9-1.1 shall

be paid into the Youth Drug Abuse Prevention Fund, which is

hereby created in the State treasury, to be used by the

Department of Human Services for the funding of programs and

services for drug-abuse treatment, and prevention and

education services, for juveniles.

(b) Eighty-seven and one-half percent of the proceeds of

all fines received pursuant to Section 5-9-1.1 shall be

transmitted to and deposited in the treasurer's office at the

level of government as follows:

(1) If such seizure was made by a combination of law

enforcement personnel representing differing units of

local government, the court levying the fine shall

equitably allocate 50% of the fine among these units of

local government and shall allocate 37 1/2% to the county

general corporate fund. In the event that the seizure was

made by law enforcement personnel representing a unit of

local government from a municipality where the number of

inhabitants exceeds 2 million in population, the court

levying the fine shall allocate 87 1/2% of the fine to that

unit of local government. If the seizure was made by a

combination of law enforcement personnel representing

differing units of local government, and at least one of

those units represents a municipality where the number of

inhabitants exceeds 2 million in population, the court

shall equitably allocate 87 1/2% of the proceeds of the

fines received among the differing units of local

government.

(2) If such seizure was made by State law enforcement

personnel, then the court shall allocate 37 1/2% to the

State treasury and 50% to the county general corporate

fund.

(3) If a State law enforcement agency in combination

with a law enforcement agency or agencies of a unit or

units of local government conducted the seizure, the court

shall equitably allocate 37 1/2% of the fines to or among

the law enforcement agency or agencies of the unit or

units of local government which conducted the seizure and

shall allocate 50% to the county general corporate fund.

(c) The proceeds of all fines allocated to the law

enforcement agency or agencies of the unit or units of local

government pursuant to subsection (b) shall be made available

to that law enforcement agency as expendable receipts for use

in the enforcement of laws regulating controlled substances

and cannabis. The proceeds of fines awarded to the State

treasury shall be deposited in a special fund known as the Drug

Traffic Prevention Fund. Monies from this fund may be used by

the Illinois Department of State Police for use in the

enforcement of laws regulating controlled substances and

cannabis; to satisfy funding provisions of the

Intergovernmental Drug Laws Enforcement Act; and to defray

costs and expenses associated with returning violators of the

Cannabis Control Act, the Illinois Controlled Substances Act,

and the Methamphetamine Control and Community Protection Act

only, as provided in those Acts, when punishment of the crime

shall be confinement of the criminal in the penitentiary.

Moneys in the Drug Traffic Prevention Fund deposited from

fines awarded as a direct result of enforcement efforts of the

Illinois Conservation Police may be used by the Department of

Natural Resources Office of Law Enforcement for use in

enforcing laws regulating controlled substances and cannabis

on Department of Natural Resources regulated lands and

waterways. All other monies shall be paid into the general

revenue fund in the State treasury.

(d) There is created in the State treasury the

Methamphetamine Law Enforcement Fund. Moneys in the Fund shall

be equitably allocated to local law enforcement agencies to:

(1) reimburse those agencies for the costs of securing and

cleaning up sites and facilities used for the illegal

manufacture of methamphetamine; (2) defray the costs of

employing full-time or part-time peace officers from a

Metropolitan Enforcement Group or other local drug task force,

including overtime costs for those officers; and (3) defray

the costs associated with medical or dental expenses incurred

by the county resulting from the incarceration of

methamphetamine addicts in the county jail or County

Department of Corrections.

(Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05;

95-331, eff. 8-21-07.)

(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

Sec. 5-9-1.4. (a) "Crime laboratory" means any

not-for-profit laboratory registered with the Drug Enforcement

Administration of the United States Department of Justice,

substantially funded by a unit or combination of units of

local government or the State of Illinois, which regularly

employs at least one person engaged in the analysis of

controlled substances, cannabis, methamphetamine, or steroids

for criminal justice agencies in criminal matters and provides

testimony with respect to such examinations.

(b) (Blank).

(c) In addition to any other disposition made pursuant to

the provisions of the Juvenile Court Act of 1987, any minor

adjudicated delinquent for an offense which if committed by an

adult would constitute a violation of the Cannabis Control

Act, the Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act, or the

Steroid Control Act shall be required to pay a criminal

laboratory analysis assessment of $100 for each adjudication.

Upon verified petition of the minor, the court may suspend

payment of all or part of the assessment if it finds that the

minor does not have the ability to pay the assessment. The

parent, guardian or legal custodian of the minor may pay some

or all of such assessment on the minor's behalf.

(d) All criminal laboratory analysis fees provided for by

this Section shall be collected by the clerk of the court and

forwarded to the appropriate crime laboratory fund as provided

in subsection (f).

(e) Crime laboratory funds shall be established as

follows:

(1) Any unit of local government which maintains a

crime laboratory may establish a crime laboratory fund

within the office of the county or municipal treasurer.

(2) Any combination of units of local government which

maintains a crime laboratory may establish a crime

laboratory fund within the office of the treasurer of the

county where the crime laboratory is situated.

(3) The State Crime Laboratory Fund is hereby created

as a special fund in the State Treasury.

(f) The analysis assessment provided for in subsection (c)

of this Section shall be forwarded to the office of the

treasurer of the unit of local government that performed the

analysis if that unit of local government has established a

crime laboratory fund, or to the State Crime Laboratory Fund

if the analysis was performed by a laboratory operated by the

Illinois State Police. If the analysis was performed by a

crime laboratory funded by a combination of units of local

government, the analysis assessment shall be forwarded to the

treasurer of the county where the crime laboratory is situated

if a crime laboratory fund has been established in that

county. If the unit of local government or combination of

units of local government has not established a crime

laboratory fund, then the analysis assessment shall be

forwarded to the State Crime Laboratory Fund.

(g) Moneys deposited into a crime laboratory fund created

pursuant to paragraphs (1) or (2) of subsection (e) of this

Section shall be in addition to any allocations made pursuant

to existing law and shall be designated for the exclusive use

of the crime laboratory. These uses may include, but are not

limited to, the following:

(1) costs incurred in providing analysis for

controlled substances in connection with criminal

investigations conducted within this State;

(2) purchase and maintenance of equipment for use in

performing analyses; and

(3) continuing education, training and professional

development of forensic scientists regularly employed by

these laboratories.

(h) Moneys deposited in the State Crime Laboratory Fund

created pursuant to paragraph (3) of subsection (d) of this

Section shall be used by State crime laboratories as

designated by the Director of the Illinois State Police. These

funds shall be in addition to any allocations made pursuant to

existing law and shall be designated for the exclusive use of

State crime laboratories or for the sexual assault evidence

tracking system created under Section 50 of the Sexual Assault

Evidence Submission Act. These uses may include those

enumerated in subsection (g) of this Section.

(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)

(730 ILCS 5/5-9-1.9)

Sec. 5-9-1.9. DUI analysis fee.

(a) "Crime laboratory" means a not-for-profit laboratory

substantially funded by a single unit or combination of units

of local government or the State of Illinois that regularly

employs at least one person engaged in the DUI analysis of

blood, other bodily substance, and urine for criminal justice

agencies in criminal matters and provides testimony with

respect to such examinations.

"DUI analysis" means an analysis of blood, other bodily

substance, or urine for purposes of determining whether a

violation of Section 11-501 of the Illinois Vehicle Code has

occurred.

(b) (Blank).

(c) In addition to any other disposition made under the

provisions of the Juvenile Court Act of 1987, any minor

adjudicated delinquent for an offense which if committed by an

adult would constitute a violation of Section 11-501 of the

Illinois Vehicle Code shall pay a crime laboratory DUI

analysis assessment of $150 for each adjudication. Upon

verified petition of the minor, the court may suspend payment

of all or part of the assessment if it finds that the minor

does not have the ability to pay the assessment. The parent,

guardian, or legal custodian of the minor may pay some or all

of the assessment on the minor's behalf.

(d) All crime laboratory DUI analysis assessments provided

for by this Section shall be collected by the clerk of the

court and forwarded to the appropriate crime laboratory DUI

fund as provided in subsection (f).

(e) Crime laboratory funds shall be established as

follows:

(1) A unit of local government that maintains a crime

laboratory may establish a crime laboratory DUI fund

within the office of the county or municipal treasurer.

(2) Any combination of units of local government that

maintains a crime laboratory may establish a crime

laboratory DUI fund within the office of the treasurer of

the county where the crime laboratory is situated.

(3) The State Police DUI Fund is created as a special

fund in the State Treasury.

(f) The analysis assessment provided for in subsection (c)

of this Section shall be forwarded to the office of the

treasurer of the unit of local government that performed the

analysis if that unit of local government has established a

crime laboratory DUI fund, or to the State Treasurer for

deposit into the State Crime Laboratory Fund if the analysis

was performed by a laboratory operated by the Illinois

Department of State Police. If the analysis was performed by a

crime laboratory funded by a combination of units of local

government, the analysis assessment shall be forwarded to the

treasurer of the county where the crime laboratory is situated

if a crime laboratory DUI fund has been established in that

county. If the unit of local government or combination of

units of local government has not established a crime

laboratory DUI fund, then the analysis assessment shall be

forwarded to the State Treasurer for deposit into the State

Crime Laboratory Fund.

(g) Moneys deposited into a crime laboratory DUI fund

created under paragraphs (1) and (2) of subsection (e) of this

Section shall be in addition to any allocations made pursuant

to existing law and shall be designated for the exclusive use

of the crime laboratory. These uses may include, but are not

limited to, the following:

(1) Costs incurred in providing analysis for DUI

investigations conducted within this State.

(2) Purchase and maintenance of equipment for use in

performing analyses.

(3) Continuing education, training, and professional

development of forensic scientists regularly employed by

these laboratories.

(h) Moneys deposited in the State Crime Laboratory Fund

shall be used by State crime laboratories as designated by the

Director of the Illinois State Police. These funds shall be in

addition to any allocations made according to existing law and

shall be designated for the exclusive use of State crime

laboratories. These uses may include those enumerated in

subsection (g) of this Section.

(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19;

100-1161, eff. 7-1-19.)

Section 1060. The Arsonist Registration Act is amended by

changing Sections 10, 15, 20, 25, 30, 35, 45, 50, 55, 60, 70,

75, and 80 as follows:

(730 ILCS 148/10)

Sec. 10. Duty to register.

(a) An arsonist shall, within the time period prescribed

in subsections (b) and (c), register in person and provide

accurate information as required by the Illinois Department of

State Police. Such information shall include current address,

current place of employment, and school attended. The arsonist

shall register:

(1) with the chief of police in each of the

municipalities in which he or she attends school, is

employed, resides or is temporarily domiciled for a period

of time of 10 or more days, unless the municipality is the

City of Chicago, in which case he or she shall register at

a fixed location designated by the Superintendent of the

Chicago Police Department; or

(2) with the sheriff in each of the counties in which

he or she attends school, is employed, resides or is

temporarily domiciled in an unincorporated area or, if

incorporated, no police chief exists. For purposes of this

Act, the place of residence or temporary domicile is

defined as any and all places where the arsonist resides

for an aggregate period of time of 10 or more days during

any calendar year. The arsonist shall provide accurate

information as required by the Illinois Department of

State Police. That information shall include the

arsonist's current place of employment.

(a-5) An out-of-state student or out-of-state employee

shall, within 10 days after beginning school or employment in

this State, register in person and provide accurate

information as required by the Illinois Department of State

Police. Such information must include current place of

employment, school attended, and address in state of

residence:

(1) with the chief of police in each of the

municipalities in which he or she attends school or is

employed for a period of time of 10 or more days or for an

aggregate period of time of more than 30 days during any

calendar year, unless the municipality is the City of

Chicago, in which case he or she shall register at a fixed

location designated by the Superintendent of the Chicago

Police Department; or

(2) with the sheriff in each of the counties in which

he or she attends school or is employed for a period of

time of 10 or more days or for an aggregate period of time

of more than 30 days during any calendar year in an

unincorporated area or, if incorporated, no police chief

exists. The out-of-state student or out-of-state employee

shall provide accurate information as required by the

Illinois Department of State Police. That information

shall include the out-of-state student's current place of

school attendance or the out-of-state employee's current

place of employment.

(b) An arsonist as defined in Section 5 of this Act,

regardless of any initial, prior, or other registration,

shall, within 10 days of beginning school, or establishing a

residence, place of employment, or temporary domicile in any

county, register in person as set forth in subsection (a) or

(a-5).

(c) The registration for any person required to register

under this Act shall be as follows:

(1) Except as provided in paragraph (3) of this

subsection (c), any person who has not been notified of

his or her responsibility to register shall be notified by

a criminal justice entity of his or her responsibility to

register. Upon notification the person must then register

within 10 days of notification of his or her requirement

to register. If notification is not made within the

offender's 10 year registration requirement, and the

Illinois Department of State Police determines no evidence

exists or indicates the offender attempted to avoid

registration, the offender will no longer be required to

register under this Act.

(2) Except as provided in paragraph (3) of this

subsection (c), any person convicted on or after the

effective date of this Act shall register in person within

10 days after the entry of the sentencing order based upon

his or her conviction.

(3) Any person unable to comply with the registration

requirements of this Act because he or she is confined,

institutionalized, or imprisoned in Illinois on or after

the effective date of this Act shall register in person

within 10 days of discharge, parole or release.

(4) The person shall provide positive identification

and documentation that substantiates proof of residence at

the registering address.

(5) The person shall pay a $10 initial registration

fee and a $5 annual renewal fee. The fees shall be used by

the registering agency for official purposes. The agency

shall establish procedures to document receipt and use of

the funds. The law enforcement agency having jurisdiction

may waive the registration fee if it determines that the

person is indigent and unable to pay the registration fee.

(d) Within 10 days after obtaining or changing employment,

a person required to register under this Section must report,

in person or in writing to the law enforcement agency having

jurisdiction, the business name and address where he or she is

employed. If the person has multiple businesses or work

locations, every business and work location must be reported

to the law enforcement agency having jurisdiction.

(Source: P.A. 99-755, eff. 8-5-16.)

(730 ILCS 148/15)

Sec. 15. Discharge of arsonist from penal institution. Any

arsonist who is discharged, paroled or released from a

Department of Corrections facility, a facility where such

person was placed by the Department of Corrections or another

penal institution, and whose liability for registration has

not terminated under Section 45 shall, within 10 days prior to

discharge, parole, or release from the facility or

institution, be informed of his or her duty to register in

person under this Act by the facility or institution in which

he or she was confined. The facility or institution shall also

inform any person who must register that if he or she

establishes a residence outside of the State of Illinois, is

employed outside of the State of Illinois, or attends school

outside of the State of Illinois, he or she must register in

the new state within 10 days after establishing the residence,

beginning employment, or beginning school. The facility shall

require the person to read and sign such form as may be

required by the Illinois Department of State Police stating

that the duty to register and the procedure for registration

has been explained to him or her and that he or she understands

the duty to register and the procedure for registration. The

facility shall further advise the person in writing that the

failure to register or other violation of this Act shall

result in revocation of parole, mandatory supervised release

or conditional release. The facility shall obtain information

about where the person expects to reside, work, and attend

school upon his or her discharge, parole or release and shall

report the information to the Illinois Department of State

Police. The facility shall give one copy of the form to the

person and shall send one copy to each of the law enforcement

agencies having jurisdiction where the person expects to

reside, work, and attend school upon his or her discharge,

parole or release and retain one copy for the files.

Electronic data files that include all notification form

information and photographs of arsonists being released from

an Illinois Department of Corrections facility shall be shared

on a regular basis as determined between the Illinois

Department of State Police and the Department of Corrections.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/20)

Sec. 20. Release of arsonist on probation. An arsonist who

is released on probation shall, prior to such release, be

informed of his or her duty to register under this Act by the

court in which he or she was convicted. The court shall also

inform any person who must register that if he or she

establishes a residence outside of the State of Illinois, is

employed outside of the State of Illinois, or attends school

outside of the State of Illinois, he or she must register in

the new state within 10 days after establishing the residence,

beginning employment, or beginning school. The court shall

require the person to read and sign such form as may be

required by the Illinois Department of State Police stating

that the duty to register and the procedure for registration

has been explained to him or her and that he or she understands

the duty to register and the procedure for registration. The

court shall further advise the person in writing that the

failure to register or other violation of this Act shall

result in probation revocation. The court shall obtain

information about where the person expects to reside, work,

and attend school upon his or her release, and shall report the

information to the Illinois Department of State Police. The

court shall give one copy of the form to the person and retain

the original in the court records. The Illinois Department of

State Police shall notify the law enforcement agencies having

jurisdiction where the person expects to reside, work and

attend school upon his or her release.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/25)

Sec. 25. Discharge of arsonist from hospital or other

treatment facility. Any arsonist who is discharged or released

from a hospital or other treatment facility where he or she was

confined shall be informed by the hospital or treatment

facility in which he or she was confined, prior to discharge or

release from the hospital or treatment facility, of his or her

duty to register under this Act. The facility shall require

the person to read and sign such form as may be required by the

Illinois Department of State Police stating that the duty to

register and the procedure for registration has been explained

to him or her and that he or she understands the duty to

register and the procedure for registration. The facility

shall give one copy of the form to the person, retain one copy

for its records, and forward the original to the Illinois

Department of State Police. The facility shall obtain

information about where the person expects to reside, work,

and attend school upon his or her discharge, parole, or

release and shall report the information to the Illinois

Department of State Police within 3 days. The facility or

institution shall also inform any person who must register

that if he or she establishes a residence outside of the State

of Illinois, is employed outside of the State of Illinois, or

attends school outside of the State of Illinois, he or she must

register in the new state within 10 days after establishing

the residence, beginning school, or beginning employment. The

Illinois Department of State Police shall notify the law

enforcement agencies having jurisdiction where the person

expects to reside, work, and attend school upon his or her

release.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/30)

Sec. 30. Nonforwardable verification letter. The Illinois

Department of State Police shall mail an annual nonforwardable

verification letter to a person registered under this Act

beginning one year from the date of his or her last

registration. A person required to register under this Act who

is mailed a verification letter shall complete, sign, and

return the enclosed verification form to the Illinois

Department of State Police postmarked within 10 days after the

mailing date of the letter. A person's failure to return the

verification form to the Illinois Department of State Police

within 10 days after the mailing date of the letter shall be

considered a violation of this Act; however it is an

affirmative defense to a prosecution for failure of a person

who is required to return a verification form to the Illinois

Department of State Police if the post office fails to deliver

the verification form to the Illinois Department of State

Police or if it can be proven that the form has been lost by

the Department.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/35)

Sec. 35. Duty to report change of address, school, or

employment. Any person who is required to register under this

Act shall report in person to the appropriate law enforcement

agency with whom he or she last registered within one year from

the date of last registration and every year thereafter. If

any person required to register under this Act changes his or

her residence address, place of employment, or school, he or

she shall, in writing, within 10 days inform the law

enforcement agency with whom he or she last registered of his

or her new address, change in employment, or school and

register with the appropriate law enforcement agency within

the time period specified in Section 10. The law enforcement

agency shall, within 3 days of receipt, notify the Illinois

Department of State Police and the law enforcement agency

having jurisdiction of the new place of residence, change in

employment, or school. If any person required to register

under this Act establishes a residence or employment outside

of the State of Illinois, within 10 days after establishing

that residence or employment, he or she shall, in writing,

inform the law enforcement agency with which he or she last

registered of his or her out-of-state residence or employment.

The law enforcement agency with which such person last

registered shall, within 3 days notice of an address or

employment change, notify the Illinois Department of State

Police. The Illinois Department of State Police shall forward

such information to the out-of-state law enforcement agency

having jurisdiction in the form and manner prescribed by the

Illinois Department of State Police.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/45)

Sec. 45. Duration of registration. Any person, other than

a minor who is tried and convicted in an adult criminal

prosecution for an offense for which the person is required to

register under this Act, who is required to register under

this Act shall be required to register for a period of 10 years

after conviction if not confined to a penal institution,

hospital or any other institution or facility, and if

confined, for a period of 10 years after parole, discharge or

release from any such facility. A minor who has been tried and

convicted in an adult criminal prosecution for an offense for

which the person is required to register under this Act shall

be required to register for a period of 10 years after his or

her conviction for an offense for which the person is required

to register under this Act. An arsonist who is allowed to leave

a county, State, or federal facility for the purposes of work

release, education, or overnight visitations shall be required

to register within 10 days of beginning such a program.

Liability for registration terminates at the expiration of 10

years from the date of conviction if not confined to a penal

institution, hospital or any other institution or facility and

if confined, at the expiration of 10 years from the date of

parole, discharge or release from any such facility, providing

such person does not, during that period, again become liable

to register under the provisions of this Act. In the case of a

minor who is tried and convicted in an adult criminal

prosecution, liability for registration terminates 10 years

after conviction. The Director of the Illinois State Police,

consistent with administrative rules, shall extend for 10

years the registration period of any arsonist who fails to

comply with the provisions of this Act.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/50)

Sec. 50. Registration requirements. Registration as

required by this Act shall consist of a statement in writing

signed by the person giving the information that is required

by the Illinois Department of State Police, which may include

the fingerprints and must include a photograph of the person.

The registration information must include whether the person

is an arsonist. Within 3 days, the registering law enforcement

agency shall forward any required information to the Illinois

Department of State Police. The registering law enforcement

agency shall enter the information into I-CLEAR as provided in

Section 2605-378 of the Illinois Department of State Police

Law of the Civil Administrative Code of Illinois.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/55)

Sec. 55. Address verification requirements. The agency

having jurisdiction shall verify the address of arsonists

required to register with their agency at least once per

calendar year. The verification must be documented in I-CLEAR

in the form and manner required by the Illinois Department of

State Police.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/60)

Sec. 60. Public inspection of registration data.

(a) Except as otherwise provided in subsection (b), the

statements or any other information required by this Act shall

not be open to inspection by the public, or by any person other

than by a law enforcement officer or other individual as may be

authorized by law and shall include law enforcement agencies

of this State, any other state, or of the federal government.

Similar information may be requested from any law enforcement

agency of another state or of the federal government for

purposes of this Act. It is a Class B misdemeanor to permit the

unauthorized release of any information required by this Act.

(b) The Illinois Department of State Police shall furnish

to the Office of the State Fire Marshal the registration

information concerning persons who are required to register

under this Act. The Office of the State Fire Marshal shall

establish and maintain a Statewide Arsonist Database for the

purpose of making that information available to the public on

the Internet by means of a hyperlink labeled "Arsonist

Information" on the Office of the State Fire Marshal's

website.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/70)

Sec. 70. Arsonist Registration Fund. There is created in

the State treasury the Arsonist Registration Fund. Moneys in

the Fund shall be used to cover costs incurred by the criminal

justice system to administer this Act. The Illinois Department

of State Police shall establish and promulgate rules and

procedures regarding the administration of this Fund. At least

50% of the moneys in the Fund shall be allocated by the

Department for sheriffs' offices and police departments.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/75)

Sec. 75. Access to State of Illinois databases. The

Illinois Department of State Police shall have access to State

of Illinois databases containing information that may help in

the identification or location of persons required to register

under this Act. Interagency agreements shall be implemented,

consistent with security and procedures established by the

State agency and consistent with the laws governing the

confidentiality of the information in the databases.

Information shall be used only for administration of this Act.

(Source: P.A. 93-949, eff. 1-1-05.)

(730 ILCS 148/80)

Sec. 80. Applicability. Until the Illinois Department of

State Police establishes I-CLEAR throughout this State, this

Act applies only to arsonists who reside, are employed, or

attend school within the City of Chicago. Once I-CLEAR is

established throughout this State, this Act applies throughout

the State to arsonists who reside, are employed, or attend

school anywhere in this State. Any duties imposed upon the

Illinois Department of State Police by this Act are subject to

appropriation and shall not commence until I-CLEAR is

implemented throughout this State and until such time, those

duties shall be imposed upon the City of Chicago.

(Source: P.A. 93-949, eff. 1-1-05.)

Section 1065. The Sex Offender Registration Act is amended

by changing Sections 3, 4, 5, 5-5, 5-10, 6, 7, 8, 8-5, and 11

as follows:

(730 ILCS 150/3)

Sec. 3. Duty to register.

(a) A sex offender, as defined in Section 2 of this Act, or

sexual predator shall, within the time period prescribed in

subsections (b) and (c), register in person and provide

accurate information as required by the Illinois Department of

State Police. Such information shall include a current

photograph, current address, current place of employment, the

sex offender's or sexual predator's telephone number,

including cellular telephone number, the employer's telephone

number, school attended, all e-mail addresses, instant

messaging identities, chat room identities, and other Internet

communications identities that the sex offender uses or plans

to use, all Uniform Resource Locators (URLs) registered or

used by the sex offender, all blogs and other Internet sites

maintained by the sex offender or to which the sex offender has

uploaded any content or posted any messages or information,

extensions of the time period for registering as provided in

this Article and, if an extension was granted, the reason why

the extension was granted and the date the sex offender was

notified of the extension. The information shall also include

a copy of the terms and conditions of parole or release signed

by the sex offender and given to the sex offender by his or her

supervising officer or aftercare specialist, the county of

conviction, license plate numbers for every vehicle registered

in the name of the sex offender, the age of the sex offender at

the time of the commission of the offense, the age of the

victim at the time of the commission of the offense, and any

distinguishing marks located on the body of the sex offender.

A sex offender convicted under Section 11-6, 11-20.1,

11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the

Criminal Code of 2012 shall provide all Internet protocol (IP)

addresses in his or her residence, registered in his or her

name, accessible at his or her place of employment, or

otherwise under his or her control or custody. If the sex

offender is a child sex offender as defined in Section 11-9.3

or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of

2012, the sex offender shall report to the registering agency

whether he or she is living in a household with a child under

18 years of age who is not his or her own child, provided that

his or her own child is not the victim of the sex offense. The

sex offender or sexual predator shall register:

(1) with the chief of police in the municipality in

which he or she resides or is temporarily domiciled for a

period of time of 3 or more days, unless the municipality

is the City of Chicago, in which case he or she shall

register at a fixed location designated by the

Superintendent of the Chicago Police Department; or

(2) with the sheriff in the county in which he or she

resides or is temporarily domiciled for a period of time

of 3 or more days in an unincorporated area or, if

incorporated, no police chief exists.

If the sex offender or sexual predator is employed at or

attends an institution of higher education, he or she shall

also register:

(i) with:

(A) the chief of police in the municipality in

which he or she is employed at or attends an

institution of higher education, unless the

municipality is the City of Chicago, in which case he

or she shall register at a fixed location designated

by the Superintendent of the Chicago Police

Department; or

(B) the sheriff in the county in which he or she is

employed or attends an institution of higher education

located in an unincorporated area, or if incorporated,

no police chief exists; and

(ii) with the public safety or security director of

the institution of higher education which he or she is

employed at or attends.

The registration fees shall only apply to the municipality

or county of primary registration, and not to campus

registration.

For purposes of this Article, the place of residence or

temporary domicile is defined as any and all places where the

sex offender resides for an aggregate period of time of 3 or

more days during any calendar year. Any person required to

register under this Article who lacks a fixed address or

temporary domicile must notify, in person, the agency of

jurisdiction of his or her last known address within 3 days

after ceasing to have a fixed residence.

A sex offender or sexual predator who is temporarily

absent from his or her current address of registration for 3 or

more days shall notify the law enforcement agency having

jurisdiction of his or her current registration, including the

itinerary for travel, in the manner provided in Section 6 of

this Act for notification to the law enforcement agency having

jurisdiction of change of address.

Any person who lacks a fixed residence must report weekly,

in person, with the sheriff's office of the county in which he

or she is located in an unincorporated area, or with the chief

of police in the municipality in which he or she is located.

The agency of jurisdiction will document each weekly

registration to include all the locations where the person has

stayed during the past 7 days.

The sex offender or sexual predator shall provide accurate

information as required by the Illinois Department of State

Police. That information shall include the sex offender's or

sexual predator's current place of employment.

(a-5) An out-of-state student or out-of-state employee

shall, within 3 days after beginning school or employment in

this State, register in person and provide accurate

information as required by the Illinois Department of State

Police. Such information will include current place of

employment, school attended, and address in state of

residence. A sex offender convicted under Section 11-6,

11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of

1961 or the Criminal Code of 2012 shall provide all Internet

protocol (IP) addresses in his or her residence, registered in

his or her name, accessible at his or her place of employment,

or otherwise under his or her control or custody. The

out-of-state student or out-of-state employee shall register:

(1) with:

(A) the chief of police in the municipality in

which he or she attends school or is employed for a

period of time of 5 or more days or for an aggregate

period of time of more than 30 days during any calendar

year, unless the municipality is the City of Chicago,

in which case he or she shall register at a fixed

location designated by the Superintendent of the

Chicago Police Department; or

(B) the sheriff in the county in which he or she

attends school or is employed for a period of time of 5

or more days or for an aggregate period of time of more

than 30 days during any calendar year in an

unincorporated area or, if incorporated, no police

chief exists; and

(2) with the public safety or security director of the

institution of higher education he or she is employed at

or attends for a period of time of 5 or more days or for an

aggregate period of time of more than 30 days during a

calendar year.

The registration fees shall only apply to the municipality

or county of primary registration, and not to campus

registration.

The out-of-state student or out-of-state employee shall

provide accurate information as required by the Illinois

Department of State Police. That information shall include the

out-of-state student's current place of school attendance or

the out-of-state employee's current place of employment.

(a-10) Any law enforcement agency registering sex

offenders or sexual predators in accordance with subsections

(a) or (a-5) of this Section shall forward to the Attorney

General a copy of sex offender registration forms from persons

convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or

11-21 of the Criminal Code of 1961 or the Criminal Code of

2012, including periodic and annual registrations under

Section 6 of this Act.

(b) Any sex offender, as defined in Section 2 of this Act,

or sexual predator, regardless of any initial, prior, or other

registration, shall, within 3 days of beginning school, or

establishing a residence, place of employment, or temporary

domicile in any county, register in person as set forth in

subsection (a) or (a-5).

(c) The registration for any person required to register

under this Article shall be as follows:

(1) Any person registered under the Habitual Child Sex

Offender Registration Act or the Child Sex Offender

Registration Act prior to January 1, 1996, shall be deemed

initially registered as of January 1, 1996; however, this

shall not be construed to extend the duration of

registration set forth in Section 7.

(2) Except as provided in subsection (c)(2.1) or

(c)(4), any person convicted or adjudicated prior to

January 1, 1996, whose liability for registration under

Section 7 has not expired, shall register in person prior

to January 31, 1996.

(2.1) A sex offender or sexual predator, who has never

previously been required to register under this Act, has a

duty to register if the person has been convicted of any

felony offense after July 1, 2011. A person who previously

was required to register under this Act for a period of 10

years and successfully completed that registration period

has a duty to register if: (i) the person has been

convicted of any felony offense after July 1, 2011, and

(ii) the offense for which the 10 year registration was

served currently requires a registration period of more

than 10 years. Notification of an offender's duty to

register under this subsection shall be pursuant to

Section 5-7 of this Act.

(2.5) Except as provided in subsection (c)(4), any

person who has not been notified of his or her

responsibility to register shall be notified by a criminal

justice entity of his or her responsibility to register.

Upon notification the person must then register within 3

days of notification of his or her requirement to

register. Except as provided in subsection (c)(2.1), if

notification is not made within the offender's 10 year

registration requirement, and the Illinois Department of

State Police determines no evidence exists or indicates

the offender attempted to avoid registration, the offender

will no longer be required to register under this Act.

(3) Except as provided in subsection (c)(4), any

person convicted on or after January 1, 1996, shall

register in person within 3 days after the entry of the

sentencing order based upon his or her conviction.

(4) Any person unable to comply with the registration

requirements of this Article because he or she is

confined, institutionalized, or imprisoned in Illinois on

or after January 1, 1996, shall register in person within

3 days of discharge, parole or release.

(5) The person shall provide positive identification

and documentation that substantiates proof of residence at

the registering address.

(6) The person shall pay a $100 initial registration

fee and a $100 annual renewal fee to the registering law

enforcement agency having jurisdiction. The registering

agency may waive the registration fee if it determines

that the person is indigent and unable to pay the

registration fee. Thirty-five dollars for the initial

registration fee and $35 of the annual renewal fee shall

be retained and used by the registering agency for

official purposes. Having retained $35 of the initial

registration fee and $35 of the annual renewal fee, the

registering agency shall remit the remainder of the fee to

State agencies within 30 days of receipt for deposit into

the State funds as follows:

(A) Five dollars of the initial registration fee

and $5 of the annual fee shall be remitted to the State

Treasurer who shall deposit the moneys into the Sex

Offender Management Board Fund under Section 19 of the

Sex Offender Management Board Act. Money deposited

into the Sex Offender Management Board Fund shall be

administered by the Sex Offender Management Board and

shall be used by the Board to comply with the

provisions of the Sex Offender Management Board Act.

(B) Thirty dollars of the initial registration fee

and $30 of the annual renewal fee shall be remitted to

the Illinois Department of State Police which shall

deposit the moneys into the Offender Registration

Fund.

(C) Thirty dollars of the initial registration fee

and $30 of the annual renewal fee shall be remitted to

the Attorney General who shall deposit the moneys into

the Attorney General Sex Offender Awareness, Training,

and Education Fund. Moneys deposited into the Fund

shall be used by the Attorney General to administer

the I-SORT program and to alert and educate the

public, victims, and witnesses of their rights under

various victim notification laws and for training law

enforcement agencies, State's Attorneys, and medical

providers of their legal duties concerning the

prosecution and investigation of sex offenses.

The registering agency shall establish procedures to

document the receipt and remittance of the $100 initial

registration fee and $100 annual renewal fee.

(d) Within 3 days after obtaining or changing employment

and, if employed on January 1, 2000, within 5 days after that

date, a person required to register under this Section must

report, in person to the law enforcement agency having

jurisdiction, the business name and address where he or she is

employed. If the person has multiple businesses or work

locations, every business and work location must be reported

to the law enforcement agency having jurisdiction.

(Source: P.A. 101-571, eff. 8-23-19.)

(730 ILCS 150/4) (from Ch. 38, par. 224)

Sec. 4. Discharge of sex offender, as defined in Section 2

of this Act, or sexual predator from Department of Corrections

facility or other penal institution; duties of official in

charge. Any sex offender, as defined in Section 2 of this Act,

or sexual predator, as defined by this Article, who is

discharged, paroled or released from a Department of

Corrections or Department of Juvenile Justice facility, a

facility where such person was placed by the Department of

Corrections or Department of Juvenile Justice or another penal

institution, and whose liability for registration has not

terminated under Section 7 shall, prior to discharge, parole

or release from the facility or institution, be informed of

his or her duty to register in person within 3 days of release

by the facility or institution in which he or she was confined.

The facility or institution shall also inform any person who

must register that if he or she establishes a residence

outside of the State of Illinois, is employed outside of the

State of Illinois, or attends school outside of the State of

Illinois, he or she must register in the new state within 3

days after establishing the residence, beginning employment,

or beginning school.

The facility shall require the person to read and sign

such form as may be required by the Illinois Department of

State Police stating that the duty to register and the

procedure for registration has been explained to him or her

and that he or she understands the duty to register and the

procedure for registration. The facility shall further advise

the person in writing that the failure to register or other

violation of this Article shall result in revocation of

parole, aftercare release, mandatory supervised release or

conditional release. The facility shall obtain information

about where the person expects to reside, work, and attend

school upon his or her discharge, parole or release and shall

report the information to the Illinois Department of State

Police. The facility shall give one copy of the form to the

person and shall send one copy to each of the law enforcement

agencies having jurisdiction where the person expects to

reside, work, and attend school upon his or her discharge,

parole or release and retain one copy for the files.

Electronic data files which includes all notification form

information and photographs of sex offenders being released

from an Illinois Department of Corrections or Illinois

Department of Juvenile Justice facility will be shared on a

regular basis as determined between the Illinois Department of

State Police, the Department of Corrections, and Department of

Juvenile Justice.

(Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 150/5) (from Ch. 38, par. 225)

Sec. 5. Release of sex offender, as defined in Section 2 of

this Act, or sexual predator; duties of the Court. Any sex

offender, as defined in Section 2 of this Act, or sexual

predator, as defined by this Article, who is released on

probation or discharged upon payment of a fine because of the

commission of one of the offenses defined in subsection (B) of

Section 2 of this Article, shall, prior to such release be

informed of his or her duty to register under this Article by

the Court in which he or she was convicted. The Court shall

also inform any person who must register that if he or she

establishes a residence outside of the State of Illinois, is

employed outside of the State of Illinois, or attends school

outside of the State of Illinois, he or she must register in

the new state within 3 days after establishing the residence,

beginning employment, or beginning school. The Court shall

require the person to read and sign such form as may be

required by the Illinois Department of State Police stating

that the duty to register and the procedure for registration

has been explained to him or her and that he or she understands

the duty to register and the procedure for registration. The

Court shall further advise the person in writing that the

failure to register or other violation of this Article shall

result in probation revocation. The Court shall obtain

information about where the person expects to reside, work,

and attend school upon his or her release, and shall report the

information to the Illinois Department of State Police. The

Court shall give one copy of the form to the person and retain

the original in the court records. The Illinois Department of

State Police shall notify the law enforcement agencies having

jurisdiction where the person expects to reside, work and

attend school upon his or her release.

(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)

(730 ILCS 150/5-5)

Sec. 5-5. Discharge of sex offender or sexual predator

from a hospital or other treatment facility; duties of the

official in charge. Any sex offender, as defined in Section 2

of this Act, or sexual predator, as defined in this Article,

who is discharged or released from a hospital or other

treatment facility where he or she was confined shall be

informed by the hospital or treatment facility in which he or

she was confined, prior to discharge or release from the

hospital or treatment facility, of his or her duty to register

under this Article.

The facility shall require the person to read and sign

such form as may be required by the Illinois Department of

State Police stating that the duty to register and the

procedure for registration has been explained to him or her

and that he or she understands the duty to register and the

procedure for registration. The facility shall give one copy

of the form to the person, retain one copy for their records,

and forward the original to the Illinois Department of State

Police. The facility shall obtain information about where the

person expects to reside, work, and attend school upon his or

her discharge, parole, or release and shall report the

information to the Illinois Department of State Police within

3 days. The facility or institution shall also inform any

person who must register that if he or she establishes a

residence outside of the State of Illinois, is employed

outside of the State of Illinois, or attends school outside of

the State of Illinois, he or she must register in the new state

within 3 days after establishing the residence, beginning

school, or beginning employment. The Illinois Department of

State Police shall notify the law enforcement agencies having

jurisdiction where the person expects to reside, work, and

attend school upon his or her release.

(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)

(730 ILCS 150/5-10)

Sec. 5-10. Nonforwardable verification letters. The

Illinois Department of State Police shall mail a quarterly

nonforwardable verification letter to each registered person

who has been adjudicated to be sexually dangerous or is a

sexually violent person and is later released, or found to be

no longer sexually dangerous or no longer a sexually violent

person and discharged, beginning 90 days from the date of his

or her last registration. To any other person registered under

this Article, the Illinois Department of State Police shall

mail an annual nonforwardable verification letter, beginning

one year from the date of his or her last registration. A

person required to register under this Article who is mailed a

verification letter shall complete, sign, and return the

enclosed verification form to the Illinois Department of State

Police postmarked within 10 days after the mailing date of the

letter. A person's failure to return the verification form to

the Illinois Department of State Police within 10 days after

the mailing date of the letter shall be considered a violation

of this Article.

(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)

(730 ILCS 150/6)

Sec. 6. Duty to report; change of address, school, or

employment; duty to inform. A person who has been adjudicated

to be sexually dangerous or is a sexually violent person and is

later released, or found to be no longer sexually dangerous or

no longer a sexually violent person and discharged, or

convicted of a violation of this Act after July 1, 2005, shall

report in person to the law enforcement agency with whom he or

she last registered no later than 90 days after the date of his

or her last registration and every 90 days thereafter and at

such other times at the request of the law enforcement agency

not to exceed 4 times a year. Such sexually dangerous or

sexually violent person must report all new or changed e-mail

addresses, all new or changed instant messaging identities,

all new or changed chat room identities, and all other new or

changed Internet communications identities that the sexually

dangerous or sexually violent person uses or plans to use, all

new or changed Uniform Resource Locators (URLs) registered or

used by the sexually dangerous or sexually violent person, and

all new or changed blogs and other Internet sites maintained

by the sexually dangerous or sexually violent person or to

which the sexually dangerous or sexually violent person has

uploaded any content or posted any messages or information.

Any person who lacks a fixed residence must report weekly, in

person, to the appropriate law enforcement agency where the

sex offender is located. Any other person who is required to

register under this Article shall report in person to the

appropriate law enforcement agency with whom he or she last

registered within one year from the date of last registration

and every year thereafter and at such other times at the

request of the law enforcement agency not to exceed 4 times a

year. If any person required to register under this Article

lacks a fixed residence or temporary domicile, he or she must

notify, in person, the agency of jurisdiction of his or her

last known address within 3 days after ceasing to have a fixed

residence and if the offender leaves the last jurisdiction of

residence, he or she, must within 3 days after leaving

register in person with the new agency of jurisdiction. If any

other person required to register under this Article changes

his or her residence address, place of employment, telephone

number, cellular telephone number, or school, he or she shall

report in person, to the law enforcement agency with whom he or

she last registered, his or her new address, change in

employment, telephone number, cellular telephone number, or

school, all new or changed e-mail addresses, all new or

changed instant messaging identities, all new or changed chat

room identities, and all other new or changed Internet

communications identities that the sex offender uses or plans

to use, all new or changed Uniform Resource Locators (URLs)

registered or used by the sex offender, and all new or changed

blogs and other Internet sites maintained by the sex offender

or to which the sex offender has uploaded any content or posted

any messages or information, and register, in person, with the

appropriate law enforcement agency within the time period

specified in Section 3. If the sex offender is a child sex

offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012, the sex

offender shall within 3 days after beginning to reside in a

household with a child under 18 years of age who is not his or

her own child, provided that his or her own child is not the

victim of the sex offense, report that information to the

registering law enforcement agency. The law enforcement agency

shall, within 3 days of the reporting in person by the person

required to register under this Article, notify the Illinois

Department of State Police of the new place of residence,

change in employment, telephone number, cellular telephone

number, or school.

If any person required to register under this Article

intends to establish a residence or employment outside of the

State of Illinois, at least 10 days before establishing that

residence or employment, he or she shall report in person to

the law enforcement agency with which he or she last

registered of his or her out-of-state intended residence or

employment. The law enforcement agency with which such person

last registered shall, within 3 days after the reporting in

person of the person required to register under this Article

of an address or employment change, notify the Illinois

Department of State Police. The Illinois Department of State

Police shall forward such information to the out-of-state law

enforcement agency having jurisdiction in the form and manner

prescribed by the Illinois Department of State Police.

(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;

97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)

(730 ILCS 150/7) (from Ch. 38, par. 227)

Sec. 7. Duration of registration. A person who has been

adjudicated to be sexually dangerous and is later released or

found to be no longer sexually dangerous and discharged, shall

register for the period of his or her natural life. A sexually

violent person or sexual predator shall register for the

period of his or her natural life after conviction or

adjudication if not confined to a penal institution, hospital,

or other institution or facility, and if confined, for the

period of his or her natural life after parole, discharge, or

release from any such facility. A person who becomes subject

to registration under paragraph (2.1) of subsection (c) of

Section 3 of this Article who has previously been subject to

registration under this Article shall register for the period

currently required for the offense for which the person was

previously registered if not confined to a penal institution,

hospital, or other institution or facility, and if confined,

for the same period after parole, discharge, or release from

any such facility. Except as otherwise provided in this

Section, a person who becomes subject to registration under

this Article who has previously been subject to registration

under this Article or under the Murderer and Violent Offender

Against Youth Registration Act or similar registration

requirements of other jurisdictions shall register for the

period of his or her natural life if not confined to a penal

institution, hospital, or other institution or facility, and

if confined, for the period of his or her natural life after

parole, discharge, or release from any such facility. Any

other person who is required to register under this Article

shall be required to register for a period of 10 years after

conviction or adjudication if not confined to a penal

institution, hospital or any other institution or facility,

and if confined, for a period of 10 years after parole,

discharge or release from any such facility. A sex offender

who is allowed to leave a county, State, or federal facility

for the purposes of work release, education, or overnight

visitations shall be required to register within 3 days of

beginning such a program. Liability for registration

terminates at the expiration of 10 years from the date of

conviction or adjudication if not confined to a penal

institution, hospital or any other institution or facility and

if confined, at the expiration of 10 years from the date of

parole, discharge or release from any such facility, providing

such person does not, during that period, again become liable

to register under the provisions of this Article.

Reconfinement due to a violation of parole or other

circumstances that relates to the original conviction or

adjudication shall extend the period of registration to 10

years after final parole, discharge, or release. Reconfinement

due to a violation of parole, a conviction reviving

registration, or other circumstances that do not relate to the

original conviction or adjudication shall toll the running of

the balance of the 10-year period of registration, which shall

not commence running until after final parole, discharge, or

release. The Director of the Illinois State Police, consistent

with administrative rules, shall extend for 10 years the

registration period of any sex offender, as defined in Section

2 of this Act, who fails to comply with the provisions of this

Article. The registration period for any sex offender who

fails to comply with any provision of the Act shall extend the

period of registration by 10 years beginning from the first

date of registration after the violation. If the registration

period is extended, the Illinois Department of State Police

shall send a registered letter to the law enforcement agency

where the sex offender resides within 3 days after the

extension of the registration period. The sex offender shall

report to that law enforcement agency and sign for that

letter. One copy of that letter shall be kept on file with the

law enforcement agency of the jurisdiction where the sex

offender resides and one copy shall be returned to the

Illinois Department of State Police.

(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;

97-813, eff. 7-13-12.)

(730 ILCS 150/8) (from Ch. 38, par. 228)

Sec. 8. Registration and DNA submission requirements.

(a) Registration. Registration as required by this Article

shall consist of a statement in writing signed by the person

giving the information that is required by the Illinois

Department of State Police, which may include the fingerprints

and must include a current photograph of the person, to be

updated annually. If the sex offender is a child sex offender

as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, he or she shall sign a

statement that he or she understands that according to

Illinois law as a child sex offender he or she may not reside

within 500 feet of a school, park, or playground. The offender

may also not reside within 500 feet of a facility providing

services directed exclusively toward persons under 18 years of

age unless the sex offender meets specified exemptions. The

registration information must include whether the person is a

sex offender as defined in the Sex Offender Community

Notification Law. Within 3 days, the registering law

enforcement agency shall forward any required information to

the Illinois Department of State Police. The registering law

enforcement agency shall enter the information into the Law

Enforcement Agencies Data System (LEADS) as provided in

Sections 6 and 7 of the Intergovernmental Missing Child

Recovery Act of 1984.

(b) DNA submission. Every person registering as a sex

offender pursuant to this Act, regardless of the date of

conviction or the date of initial registration who is required

to submit specimens of blood, saliva, or tissue for DNA

analysis as required by subsection (a) of Section 5-4-3 of the

Unified Code of Corrections shall submit the specimens as

required by that Section. Registered sex offenders who have

previously submitted a DNA specimen which has been uploaded to

the Illinois DNA database shall not be required to submit an

additional specimen pursuant to this Section.

(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)

(730 ILCS 150/8-5)

Sec. 8-5. Verification requirements.

(a) Address verification. The agency having jurisdiction

shall verify the address of sex offenders, as defined in

Section 2 of this Act, or sexual predators required to

register with their agency at least once per year. The

verification must be documented in LEADS in the form and

manner required by the Illinois Department of State Police.

(a-5) Internet Protocol address verification. The agency

having jurisdiction may verify the Internet protocol (IP)

address of sex offenders, as defined in Section 2 of this Act,

who are required to register with their agency under Section 3

of this Act. A copy of any such verification must be sent to

the Attorney General for entrance in the Illinois Cyber-crimes

Location Database pursuant to Section 5-4-3.2 of the Unified

Code of Corrections.

(b) Registration verification. The supervising officer or

aftercare specialist, shall, within 15 days of sentencing to

probation or release from an Illinois Department of

Corrections or Illinois Department of Juvenile Justice

facility or other penal institution, contact the law

enforcement agency in the jurisdiction in which the sex

offender or sexual predator designated as his or her intended

residence and verify compliance with the requirements of this

Act. Revocation proceedings shall be immediately commenced

against a sex offender or sexual predator on probation,

parole, aftercare release, or mandatory supervised release who

fails to comply with the requirements of this Act.

(c) In an effort to ensure that sexual predators and sex

offenders who fail to respond to address-verification attempts

or who otherwise abscond from registration are located in a

timely manner, the Illinois Department of State Police shall

share information with local law enforcement agencies. The

Department shall use analytical resources to assist local law

enforcement agencies to determine the potential whereabouts of

any sexual predator or sex offender who fails to respond to

address-verification attempts or who otherwise absconds from

registration. The Department shall review and analyze all

available information concerning any such predator or offender

who fails to respond to address-verification attempts or who

otherwise absconds from registration and provide the

information to local law enforcement agencies in order to

assist the agencies in locating and apprehending the sexual

predator or sex offender.

(Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 150/11)

Sec. 11. Offender Registration Fund. There is created the

Offender Registration Fund (formerly known as the Sex Offender

Registration Fund). Moneys in the Fund shall be used to cover

costs incurred by the criminal justice system to administer

this Article and the Murderer and Violent Offender Against

Youth Registration Act, and for purposes as authorized under

Section 5-9-1.15 of the Unified Code of Corrections. The

Illinois Department of State Police shall establish and

promulgate rules and procedures regarding the administration

of this Fund. Fifty percent of the moneys in the Fund shall be

allocated by the Department for sheriffs' offices and police

departments. The remaining moneys in the Fund received under

this amendatory Act of the 101st General Assembly shall be

allocated to the Illinois State Police for education and

administration of the Act.

(Source: P.A. 101-571, eff. 8-23-19.)

Section 1070. The Sex Offender Community Notification Law

is amended by changing Sections 115, 116, 117, 120, and 121 as

follows:

(730 ILCS 152/115)

Sec. 115. Sex offender database.

(a) The Illinois Department of State Police shall

establish and maintain a Statewide Sex Offender Database for

the purpose of identifying sex offenders and making that

information available to the persons specified in Sections 120

and 125 of this Law. The Database shall be created from the Law

Enforcement Agencies Data System (LEADS) established under

Section 6 of the Intergovernmental Missing Child Recovery Act

of 1984. The Illinois Department of State Police shall examine

its LEADS database for persons registered as sex offenders

under the Sex Offender Registration Act and shall identify

those who are sex offenders and shall add all the information,

including photographs if available, on those sex offenders to

the Statewide Sex Offender Database.

(b) The Illinois Department of State Police must make the

information contained in the Statewide Sex Offender Database

accessible on the Internet by means of a hyperlink labeled

"Sex Offender Information" on the Department's World Wide Web

home page. The Department must make the information contained

in the Statewide Sex Offender Database searchable via a

mapping system which identifies registered sex offenders

living within 5 miles of an identified address. The Illinois

Department of State Police must update that information as it

deems necessary.

The Illinois Department of State Police may require that a

person who seeks access to the sex offender information submit

biographical information about himself or herself before

permitting access to the sex offender information. The

Illinois Department of State Police must promulgate rules in

accordance with the Illinois Administrative Procedure Act to

implement this subsection (b) and those rules must include

procedures to ensure that the information in the database is

accurate.

(c) The Illinois Department of State Police, Sex Offender

Registration Unit, must develop and conduct training to

educate all those entities involved in the Sex Offender

Registration Program.

(Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)

(730 ILCS 152/116)

Sec. 116. Missing Sex Offender Database.

(a) The Illinois Department of State Police shall

establish and maintain a Statewide Missing Sex Offender

Database for the purpose of identifying missing sex offenders

and making that information available to the persons specified

in Sections 120 and 125 of this Law. The Database shall be

created from the Law Enforcement Agencies Data System (LEADS)

established under Section 6 of the Intergovernmental Missing

Child Recovery Act of 1984. The Illinois Department of State

Police shall examine its LEADS database for persons registered

as sex offenders under the Sex Offender Registration Act and

shall identify those who are sex offenders and who have not

complied with the provisions of Section 6 of that Act or whose

address can not be verified under Section 8-5 of that Act and

shall add all the information, including photographs if

available, on those missing sex offenders to the Statewide Sex

Offender Database.

(b) The Illinois Department of State Police must make the

information contained in the Statewide Missing Sex Offender

Database accessible on the Internet by means of a hyperlink

labeled "Missing Sex Offender Information" on the Department's

World Wide Web home page and on the Attorney General's I-SORT

page. The Illinois Department of State Police must update that

information as it deems necessary. The Internet page shall

also include information that rewards may be available to

persons who inform the Illinois Department of State Police or

a local law enforcement agency of the whereabouts of a missing

sex offender.

The Illinois Department of State Police may require that a

person who seeks access to the missing sex offender

information submit biographical information about himself or

herself before permitting access to the missing sex offender

information. The Illinois Department of State Police must

promulgate rules in accordance with the Illinois

Administrative Procedure Act to implement this subsection (b)

and those rules must include procedures to ensure that the

information in the database is accurate.

(c) The Illinois Department of State Police, Sex Offender

Registration Unit, must develop and conduct training to

educate all those entities involved in the Missing Sex

Offender Registration Program.

(Source: P.A. 98-921, eff. 8-15-14.)

(730 ILCS 152/117)

Sec. 117. The Illinois Department of State Police shall

promulgate rules to develop a list of sex offenders covered by

this Act and a list of child care facilities, schools, and

institutions of higher education eligible to receive notice

under this Act, so that the list can be disseminated in a

timely manner to law enforcement agencies having jurisdiction.

(Source: P.A. 92-828, eff. 8-22-02.)

(730 ILCS 152/120)

Sec. 120. Community notification of sex offenders.

(a) The sheriff of the county, except Cook County, shall

disclose to the following the name, address, date of birth,

place of employment, school attended, e-mail addresses,

instant messaging identities, chat room identities, other

Internet communications identities, all Uniform Resource

Locators (URLs) registered or used by the sex offender, all

blogs and other Internet sites maintained by the sex offender

or to which the sex offender has uploaded any content or posted

any messages or information, and offense or adjudication of

all sex offenders required to register under Section 3 of the

Sex Offender Registration Act:

(1) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

county where the sex offender is required to register,

resides, is employed, or is attending an institution of

higher education;

(2) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located in the county where the sex

offender is required to register or is employed;

(3) Child care facilities located in the county where

the sex offender is required to register or is employed;

(4) Libraries located in the county where the sex

offender is required to register or is employed;

(5) Public libraries located in the county where the

sex offender is required to register or is employed;

(6) Public housing agencies located in the county

where the sex offender is required to register or is

employed;

(7) The Illinois Department of Children and Family

Services;

(8) Social service agencies providing services to

minors located in the county where the sex offender is

required to register or is employed;

(9) Volunteer organizations providing services to

minors located in the county where the sex offender is

required to register or is employed; and

(10) A victim of a sex offense residing in the county

where the sex offender is required to register or is

employed, who is not otherwise required to be notified

under Section 4.5 of the Rights of Crime Victims and

Witnesses Act or Section 75 of the Sexually Violent

Persons Commitment Act.

(a-2) The sheriff of Cook County shall disclose to the

following the name, address, date of birth, place of

employment, school attended, e-mail addresses, instant

messaging identities, chat room identities, other Internet

communications identities, all Uniform Resource Locators

(URLs) registered or used by the sex offender, all blogs and

other Internet sites maintained by the sex offender or to

which the sex offender has uploaded any content or posted any

messages or information, and offense or adjudication of all

sex offenders required to register under Section 3 of the Sex

Offender Registration Act:

(1) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located within the region of Cook

County, as those public school districts and nonpublic

schools are identified in LEADS, other than the City of

Chicago, where the sex offender is required to register or

is employed;

(2) Child care facilities located within the region of

Cook County, as those child care facilities are identified

in LEADS, other than the City of Chicago, where the sex

offender is required to register or is employed;

(3) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

county, other than the City of Chicago, where the sex

offender is required to register, resides, is employed, or

attending an institution of higher education;

(4) Libraries located in the county, other than the

City of Chicago, where the sex offender is required to

register, resides, is employed, or is attending an

institution of higher education;

(5) Public libraries located in the county, other than

the City of Chicago, where the sex offender is required to

register, resides, is employed, or attending an

institution of higher education;

(6) Public housing agencies located in the county,

other than the City of Chicago, where the sex offender is

required to register, resides, is employed, or attending

an institution of higher education;

(7) The Illinois Department of Children and Family

Services;

(8) Social service agencies providing services to

minors located in the county, other than the City of

Chicago, where the sex offender is required to register,

resides, is employed, or attending an institution of

higher education;

(9) Volunteer organizations providing services to

minors located in the county, other than the City of

Chicago, where the sex offender is required to register,

resides, is employed, or attending an institution of

higher education; and

(10) A victim of a sex offense residing in the county,

other than the City of Chicago, where the sex offender is

required to register, resides, is employed, or attends an

institution of higher education, who is not otherwise

required to be notified under Section 4.5 of the Rights of

Crime Victims and Witnesses Act or Section 75 of the

Sexually Violent Persons Commitment Act.

(a-3) The Chicago Police Department shall disclose to the

following the name, address, date of birth, place of

employment, school attended, e-mail addresses, instant

messaging identities, chat room identities, other Internet

communications identities, all Uniform Resource Locators

(URLs) registered or used by the sex offender, all blogs and

other Internet sites maintained by the sex offender or to

which the sex offender has uploaded any content or posted any

messages or information, and offense or adjudication of all

sex offenders required to register under Section 3 of the Sex

Offender Registration Act:

(1) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located in the police district where

the sex offender is required to register or is employed if

the offender is required to register or is employed in the

City of Chicago;

(2) Child care facilities located in the police

district where the sex offender is required to register or

is employed if the offender is required to register or is

employed in the City of Chicago;

(3) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

police district where the sex offender is required to

register, resides, is employed, or attending an

institution of higher education in the City of Chicago;

(4) Libraries located in the police district where the

sex offender is required to register or is employed if the

offender is required to register or is employed in the

City of Chicago;

(5) Public libraries located in the police district

where the sex offender is required to register, resides,

is employed, or attending an institution of higher

education in the City of Chicago;

(6) Public housing agencies located in the police

district where the sex offender is required to register,

resides, is employed, or attending an institution of

higher education in the City of Chicago;

(7) The Illinois Department of Children and Family

Services;

(8) Social service agencies providing services to

minors located in the police district where the sex

offender is required to register, resides, is employed, or

attending an institution of higher education in the City

of Chicago;

(9) Volunteer organizations providing services to

minors located in the police district where the sex

offender is required to register, resides, is employed, or

attending an institution of higher education in the City

of Chicago; and

(10) A victim of a sex offense residing in the police

district where the sex offender is required to register,

resides, is employed, or attends an institution of higher

education in the City of Chicago, who is not otherwise

required to be notified under Section 4.5 of the Rights of

Crime Victims and Witnesses Act or Section 75 of the

Sexually Violent Persons Commitment Act.

(a-4) The Illinois Department of State Police shall

provide a list of sex offenders required to register to the

Illinois Department of Children and Family Services.

(b) The Illinois Department of State Police and any law

enforcement agency may disclose, in the Department's or

agency's discretion, the following information to any person

likely to encounter a sex offender, or sexual predator:

(1) The offender's name, address, date of birth,

e-mail addresses, instant messaging identities, chat room

identities, and other Internet communications identities,

all Uniform Resource Locators (URLs) registered or used by

the sex offender, and all blogs and other Internet sites

maintained by the sex offender or to which the sex

offender has uploaded any content or posted any messages

or information.

(2) The offense for which the offender was convicted.

(3) Adjudication as a sexually dangerous person.

(4) The offender's photograph or other such

information that will help identify the sex offender.

(5) Offender employment information, to protect public

safety.

(c) The name, address, date of birth, e-mail addresses,

instant messaging identities, chat room identities, other

Internet communications identities, all Uniform Resource

Locators (URLs) registered or used by the sex offender, all

blogs and other Internet sites maintained by the sex offender

or to which the sex offender has uploaded any content or posted

any messages or information, offense or adjudication, the

county of conviction, license plate numbers for every vehicle

registered in the name of the sex offender, the age of the sex

offender at the time of the commission of the offense, the age

of the victim at the time of the commission of the offense, and

any distinguishing marks located on the body of the sex

offender for sex offenders required to register under Section

3 of the Sex Offender Registration Act shall be open to

inspection by the public as provided in this Section. Every

municipal police department shall make available at its

headquarters the information on all sex offenders who are

required to register in the municipality under the Sex

Offender Registration Act. The sheriff shall also make

available at his or her headquarters the information on all

sex offenders who are required to register under that Act and

who live in unincorporated areas of the county. Sex offender

information must be made available for public inspection to

any person, no later than 72 hours or 3 business days from the

date of the request. The request must be made in person, in

writing, or by telephone. Availability must include giving the

inquirer access to a facility where the information may be

copied. A department or sheriff may charge a fee, but the fee

may not exceed the actual costs of copying the information. An

inquirer must be allowed to copy this information in his or her

own handwriting. A department or sheriff must allow access to

the information during normal public working hours. The

sheriff or a municipal police department may publish the

photographs of sex offenders where any victim was 13 years of

age or younger and who are required to register in the

municipality or county under the Sex Offender Registration Act

in a newspaper or magazine of general circulation in the

municipality or county or may disseminate the photographs of

those sex offenders on the Internet or on television. The law

enforcement agency may make available the information on all

sex offenders residing within any county.

(d) The Illinois Department of State Police and any law

enforcement agency having jurisdiction may, in the

Department's or agency's discretion, place the information

specified in subsection (b) on the Internet or in other media.

(e) (Blank).

(f) The administrator of a transitional housing facility

for sex offenders shall comply with the notification

procedures established in paragraph (4) of subsection (b) of

Section 3-17-5 of the Unified Code of Corrections.

(g) A principal or teacher of a public or private

elementary or secondary school shall notify the parents of

children attending the school during school registration or

during parent-teacher conferences that information about sex

offenders is available to the public as provided in this Act.

(h) In order to receive notice under paragraph (10) of

subsection (a), paragraph (10) of subsection (a-2), or

paragraph (10) of subsection (a-3), the victim of the sex

offense must notify the appropriate sheriff or the Chicago

Police Department in writing, by facsimile transmission, or by

e-mail that the victim desires to receive such notice.

(i) For purposes of this Section, "victim of a sex

offense" means:

(1) the victim of the sex offense; or

(2) a single representative who may be the spouse,

parent, child, or sibling of a person killed during the

course of a sex offense perpetrated against the person

killed or the spouse, parent, child, or sibling of any

victim of a sex offense who is physically or mentally

incapable of comprehending or requesting notice.

(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;

94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.

8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896,

eff. 1-1-09.)

(730 ILCS 152/121)

Sec. 121. Notification regarding juvenile offenders.

(a) The Illinois Department of State Police and any law

enforcement agency having jurisdiction may, in the

Department's or agency's discretion, only provide the

information specified in subsection (b) of Section 120 of this

Act, with respect to an adjudicated juvenile delinquent, to

any person when that person's safety may be compromised for

some reason related to the juvenile sex offender.

(b) The local law enforcement agency having jurisdiction

to register the juvenile sex offender shall ascertain from the

juvenile sex offender whether the juvenile sex offender is

enrolled in school; and if so, shall provide a copy of the sex

offender registration form only to the principal or chief

administrative officer of the school and any guidance

counselor designated by him or her. The registration form

shall be kept separately from any and all school records

maintained on behalf of the juvenile sex offender.

(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)

Section 1075. The Murderer and Violent Offender Against

Youth Registration Act is amended by changing Sections 10, 13,

15, 20, 25, 30, 40, 45, 46, 50, 85, 90, 95, and 100 as follows:

(730 ILCS 154/10)

Sec. 10. Duty to register.

(a) A violent offender against youth shall, within the

time period prescribed in subsections (b) and (c), register in

person and provide accurate information as required by the

Illinois Department of State Police. Such information shall

include a current photograph, current address, current place

of employment, the employer's telephone number, school

attended, extensions of the time period for registering as

provided in this Act and, if an extension was granted, the

reason why the extension was granted and the date the violent

offender against youth was notified of the extension. A person

who has been adjudicated a juvenile delinquent for an act

which, if committed by an adult, would be a violent offense

against youth shall register as an adult violent offender

against youth within 10 days after attaining 17 years of age.

The violent offender against youth shall register:

(1) with the chief of police in the municipality in

which he or she resides or is temporarily domiciled for a

period of time of 5 or more days, unless the municipality

is the City of Chicago, in which case he or she shall

register at a fixed location designated by the

Superintendent of the Chicago Police Department; or

(2) with the sheriff in the county in which he or she

resides or is temporarily domiciled for a period of time

of 5 or more days in an unincorporated area or, if

incorporated, no police chief exists.

If the violent offender against youth is employed at or

attends an institution of higher education, he or she shall

register:

(i) with the chief of police in the municipality in

which he or she is employed at or attends an institution of

higher education, unless the municipality is the City of

Chicago, in which case he or she shall register at a fixed

location designated by the Superintendent of the Chicago

Police Department; or

(ii) with the sheriff in the county in which he or she

is employed or attends an institution of higher education

located in an unincorporated area, or if incorporated, no

police chief exists.

For purposes of this Act, the place of residence or

temporary domicile is defined as any and all places where the

violent offender against youth resides for an aggregate period

of time of 5 or more days during any calendar year. Any person

required to register under this Act who lacks a fixed address

or temporary domicile must notify, in person, the agency of

jurisdiction of his or her last known address within 5 days

after ceasing to have a fixed residence.

Any person who lacks a fixed residence must report weekly,

in person, with the sheriff's office of the county in which he

or she is located in an unincorporated area, or with the chief

of police in the municipality in which he or she is located.

The agency of jurisdiction will document each weekly

registration to include all the locations where the person has

stayed during the past 7 days.

The violent offender against youth shall provide accurate

information as required by the Illinois Department of State

Police. That information shall include the current place of

employment of the violent offender against youth.

(a-5) An out-of-state student or out-of-state employee

shall, within 5 days after beginning school or employment in

this State, register in person and provide accurate

information as required by the Illinois Department of State

Police. Such information will include current place of

employment, school attended, and address in state of

residence. The out-of-state student or out-of-state employee

shall register:

(1) with the chief of police in the municipality in

which he or she attends school or is employed for a period

of time of 5 or more days or for an aggregate period of

time of more than 30 days during any calendar year, unless

the municipality is the City of Chicago, in which case he

or she shall register at a fixed location designated by

the Superintendent of the Chicago Police Department; or

(2) with the sheriff in the county in which he or she

attends school or is employed for a period of time of 5 or

more days or for an aggregate period of time of more than

30 days during any calendar year in an unincorporated area

or, if incorporated, no police chief exists.

The out-of-state student or out-of-state employee shall

provide accurate information as required by the Illinois

Department of State Police. That information shall include the

out-of-state student's current place of school attendance or

the out-of-state employee's current place of employment.

(b) Any violent offender against youth regardless of any

initial, prior, or other registration, shall, within 5 days of

beginning school, or establishing a residence, place of

employment, or temporary domicile in any county, register in

person as set forth in subsection (a) or (a-5).

(c) The registration for any person required to register

under this Act shall be as follows:

(1) Except as provided in paragraph (3) of this

subsection (c), any person who has not been notified of

his or her responsibility to register shall be notified by

a criminal justice entity of his or her responsibility to

register. Upon notification the person must then register

within 5 days of notification of his or her requirement to

register. If notification is not made within the

offender's 10 year registration requirement, and the

Illinois Department of State Police determines no evidence

exists or indicates the offender attempted to avoid

registration, the offender will no longer be required to

register under this Act.

(2) Except as provided in paragraph (3) of this

subsection (c), any person convicted on or after the

effective date of this Act shall register in person within

5 days after the entry of the sentencing order based upon

his or her conviction.

(3) Any person unable to comply with the registration

requirements of this Act because he or she is confined,

institutionalized, or imprisoned in Illinois on or after

the effective date of this Act shall register in person

within 5 days of discharge, parole or release.

(4) The person shall provide positive identification

and documentation that substantiates proof of residence at

the registering address.

(5) The person shall pay a $20 initial registration

fee and a $10 annual renewal fee. The fees shall be

deposited into the Offender Registration Fund. The fees

shall be used by the registering agency for official

purposes. The agency shall establish procedures to

document receipt and use of the funds. The law enforcement

agency having jurisdiction may waive the registration fee

if it determines that the person is indigent and unable to

pay the registration fee.

(d) Within 5 days after obtaining or changing employment,

a person required to register under this Section must report,

in person to the law enforcement agency having jurisdiction,

the business name and address where he or she is employed. If

the person has multiple businesses or work locations, every

business and work location must be reported to the law

enforcement agency having jurisdiction.

(Source: P.A. 101-571, eff. 8-23-19.)

(730 ILCS 154/13)

Sec. 13. Request for Review.

(a) Any person who is required to register under this Act

may file a Request for Review with the office of the State's

Attorney of the county in which he or she was convicted, and

request that the office of the State's Attorney review his or

her registration information. Upon receipt of a Request for

Review, the State's Attorney shall review the information

provided by the offender, and if he or she determines that the

information currently relied upon for registration is

inaccurate, the State's Attorney shall correct the error

before reporting the offender's personal information to the

Illinois Department of State Police. If the State's Attorney

makes a determination to deny a Request for Review, the

State's Attorney shall give the reason why and the information

relied upon for denying the Request for Review.

(b) Within 60 days of a denial of a request for review an

offender may appeal the decision of the State's Attorney to

deny the Request for Review in the circuit court.

(Source: P.A. 100-946, eff. 1-1-19.)

(730 ILCS 154/15)

Sec. 15. Discharge of violent offender against youth.

Discharge of violent offender against youth from Department of

Corrections facility or other penal institution; duties of

official in charge. Any violent offender against youth who is

discharged, paroled, or released from a Department of

Corrections facility, a facility where such person was placed

by the Department of Corrections or another penal institution,

and whose liability for registration has not terminated under

Section 40 shall, prior to discharge, parole or release from

the facility or institution, be informed of his or her duty to

register in person within 5 days of release by the facility or

institution in which he or she was confined. The facility or

institution shall also inform any person who must register

that if he or she establishes a residence outside of the State

of Illinois, is employed outside of the State of Illinois, or

attends school outside of the State of Illinois, he or she must

register in the new state within 5 days after establishing the

residence, beginning employment, or beginning school.

The facility shall require the person to read and sign

such form as may be required by the Illinois Department of

State Police stating that the duty to register and the

procedure for registration has been explained to him or her

and that he or she understands the duty to register and the

procedure for registration. The facility shall further advise

the person in writing that the failure to register or other

violation of this Act shall result in revocation of parole,

aftercare release, mandatory supervised release or conditional

release. The facility shall obtain information about where the

person expects to reside, work, and attend school upon his or

her discharge, parole or release and shall report the

information to the Illinois Department of State Police. The

facility shall give one copy of the form to the person and

shall send one copy to each of the law enforcement agencies

having jurisdiction where the person expects to reside, work,

and attend school upon his or her discharge, parole or release

and retain one copy for the files. Electronic data files which

includes all notification form information and photographs of

violent offenders against youth being released from an

Illinois Department of Corrections or Illinois Department of

Juvenile Justice facility will be shared on a regular basis as

determined between the Illinois Department of State Police,

the Department of Corrections and Department of Juvenile

Justice.

(Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 154/20)

Sec. 20. Release of violent offender against youth; duties

of the Court. Any violent offender against youth who is

released on probation or discharged upon payment of a fine

because of the commission of one of the offenses defined in

subsection (b) of Section 5 of this Act, shall, prior to such

release be informed of his or her duty to register under this

Act by the Court in which he or she was convicted. The Court

shall also inform any person who must register that if he or

she establishes a residence outside of the State of Illinois,

is employed outside of the State of Illinois, or attends

school outside of the State of Illinois, he or she must

register in the new state within 5 days after establishing the

residence, beginning employment, or beginning school. The

Court shall require the person to read and sign such form as

may be required by the Illinois Department of State Police

stating that the duty to register and the procedure for

registration has been explained to him or her and that he or

she understands the duty to register and the procedure for

registration. The Court shall further advise the person in

writing that the failure to register or other violation of

this Act shall result in probation revocation. The Court shall

obtain information about where the person expects to reside,

work, and attend school upon his or her release, and shall

report the information to the Illinois Department of State

Police. The Court shall give one copy of the form to the person

and retain the original in the court records. The Illinois

Department of State Police shall notify the law enforcement

agencies having jurisdiction where the person expects to

reside, work and attend school upon his or her release.

(Source: P.A. 94-945, eff. 6-27-06.)

(730 ILCS 154/25)

Sec. 25. Discharge of violent offender against youth from

hospital. Discharge of violent offender against youth from a

hospital or other treatment facility; duties of the official

in charge. Any violent offender against youth who is

discharged or released from a hospital or other treatment

facility where he or she was confined shall be informed by the

hospital or treatment facility in which he or she was

confined, prior to discharge or release from the hospital or

treatment facility, of his or her duty to register under this

Act.

The facility shall require the person to read and sign

such form as may be required by the Illinois Department of

State Police stating that the duty to register and the

procedure for registration have been explained to him or her

and that he or she understands the duty to register and the

procedure for registration. The facility shall give one copy

of the form to the person, retain one copy for its records, and

forward the original to the Illinois Department of State

Police. The facility shall obtain information about where the

person expects to reside, work, and attend school upon his or

her discharge, parole, or release and shall report the

information to the Illinois Department of State Police within

3 days. The facility or institution shall also inform any

person who must register that if he or she establishes a

residence outside of the State of Illinois, is employed

outside of the State of Illinois, or attends school outside of

the State of Illinois, he or she must register in the new state

within 5 days after establishing the residence, beginning

school, or beginning employment. The Illinois Department of

State Police shall notify the law enforcement agencies having

jurisdiction where the person expects to reside, work, and

attend school upon his or her release.

(Source: P.A. 94-945, eff. 6-27-06.)

(730 ILCS 154/30)

Sec. 30. Duty to report; change of address, school, or

employment; duty to inform. Any violent offender against

youth who is required to register under this Act shall report

in person to the appropriate law enforcement agency with whom

he or she last registered within one year from the date of last

registration and every year thereafter and at such other times

at the request of the law enforcement agency not to exceed 4

times a year. If any person required to register under this Act

lacks a fixed residence or temporary domicile, he or she must

notify, in person, the agency of jurisdiction of his or her

last known address within 5 days after ceasing to have a fixed

residence and if the offender leaves the last jurisdiction of

residence, he or she must, within 48 hours after leaving,

register in person with the new agency of jurisdiction. If any

other person required to register under this Act changes his

or her residence address, place of employment, or school, he

or she shall report in person to the law enforcement agency

with whom he or she last registered of his or her new address,

change in employment, or school and register, in person, with

the appropriate law enforcement agency within the time period

specified in Section 10. The law enforcement agency shall,

within 3 days of the reporting in person by the person required

to register under this Act, notify the Illinois Department of

State Police of the new place of residence, change in

employment, or school.

If any person required to register under this Act intends

to establish a residence or employment outside of the State of

Illinois, at least 10 days before establishing that residence

or employment, he or she shall report in person to the law

enforcement agency with which he or she last registered of his

or her out-of-state intended residence or employment. The law

enforcement agency with which such person last registered

shall, within 3 days after the reporting in person of the

person required to register under this Act of an address or

employment change, notify the Illinois Department of State

Police. The Illinois Department of State Police shall forward

such information to the out-of-state law enforcement agency

having jurisdiction in the form and manner prescribed by the

Illinois Department of State Police.

(Source: P.A. 94-945, eff. 6-27-06.)

(730 ILCS 154/40)

Sec. 40. Duration of registration. A person who becomes

subject to registration under this Article who has previously

been subject to registration under this Article or under the

Sex Offender Registration Act or similar registration

requirements of other jurisdictions shall register for the

period of his or her natural life if not confined to a penal

institution, hospital, or other institution or facility, and

if confined, for the period of his or her natural life after

parole, discharge, or release from any such facility. Any

other person who is required to register under this Act shall

be required to register for a period of 10 years after

conviction or adjudication if not confined to a penal

institution, hospital or any other institution or facility,

and if confined, for a period of 10 years after parole,

discharge or release from any such facility. A violent

offender against youth who is allowed to leave a county,

State, or federal facility for the purposes of work release,

education, or overnight visitations shall be required to

register within 5 days of beginning such a program. Liability

for registration terminates at the expiration of 10 years from

the date of conviction or adjudication if not confined to a

penal institution, hospital or any other institution or

facility and if confined, at the expiration of 10 years from

the date of parole, discharge or release from any such

facility, providing such person does not, during that period,

again become liable to register under the provisions of this

Act. Reconfinement due to a violation of parole or other

circumstances that relates to the original conviction or

adjudication shall extend the period of registration to 10

years after final parole, discharge, or release. The Director

of the Illinois State Police, consistent with administrative

rules, shall extend for 10 years the registration period of

any violent offender against youth who fails to comply with

the provisions of this Act. The registration period for any

violent offender against youth who fails to comply with any

provision of the Act shall extend the period of registration

by 10 years beginning from the first date of registration

after the violation. If the registration period is extended,

the Illinois Department of State Police shall send a

registered letter to the law enforcement agency where the

violent offender against youth resides within 3 days after the

extension of the registration period. The violent offender

against youth shall report to that law enforcement agency and

sign for that letter. One copy of that letter shall be kept on

file with the law enforcement agency of the jurisdiction where

the violent offender against youth resides and one copy shall

be returned to the Illinois Department of State Police.

(Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)

(730 ILCS 154/45)

Sec. 45. Registration requirements. Registration as

required by this Act shall consist of a statement in writing

signed by the person giving the information that is required

by the Illinois Department of State Police, which may include

the fingerprints and must include a current photograph of the

person, to be updated annually. The registration information

must include whether the person is a violent offender against

youth. Within 3 days, the registering law enforcement agency

shall forward any required information to the Illinois

Department of State Police. The registering law enforcement

agency shall enter the information into the Law Enforcement

Agencies Data System (LEADS) as provided in Sections 6 and 7 of

the Intergovernmental Missing Child Recovery Act of 1984.

(Source: P.A. 94-945, eff. 6-27-06.)

(730 ILCS 154/46)

Sec. 46. Notification of case information from the office

of the State's Attorney. The office of the State's Attorney

shall provide the Illinois Department of State Police

Registration Unit all relevant case information that

determines a registrant's place on the registry, including,

but not limited to, the date of the offense, the name of the

offender, the date of birth of the offender, the nature of the

crime, and the date of birth of the victim in order to

facilitate proper registry placement and to prevent the

necessity for future Requests for Review of a registrant's

information.

(Source: P.A. 100-946, eff. 1-1-19.)

(730 ILCS 154/50)

Sec. 50. Verification requirements.

(a) The agency having jurisdiction shall verify the

address of violent offenders against youth required to

register with their agency at least once per year. The

verification must be documented in LEADS in the form and

manner required by the Illinois Department of State Police.

(b) The supervising officer or aftercare specialist,

shall, within 15 days of sentencing to probation or release

from an Illinois Department of Corrections facility or other

penal institution, contact the law enforcement agency in the

jurisdiction which the violent offender against youth

designated as his or her intended residence and verify

compliance with the requirements of this Act. Revocation

proceedings shall be immediately commenced against a violent

offender against youth on probation, parole, aftercare

release, or mandatory supervised release who fails to comply

with the requirements of this Act.

(Source: P.A. 98-558, eff. 1-1-14.)

(730 ILCS 154/85)

Sec. 85. Murderer and Violent Offender Against Youth

Database.

(a) The Illinois Department of State Police shall

establish and maintain a Statewide Murderer and Violent

Offender Against Youth Database for the purpose of identifying

violent offenders against youth and making that information

available to the persons specified in Section 95. The Database

shall be created from the Law Enforcement Agencies Data System

(LEADS) established under Section 6 of the Intergovernmental

Missing Child Recovery Act of 1984. The Illinois Department of

State Police shall examine its LEADS database for persons

registered as violent offenders against youth under this Act

and shall identify those who are violent offenders against

youth and shall add all the information, including photographs

if available, on those violent offenders against youth to the

Statewide Murderer and Violent Offender Against Youth

Database.

(b) The Illinois Department of State Police must make the

information contained in the Statewide Murderer and Violent

Offender Against Youth Database accessible on the Internet by

means of a hyperlink labeled "Murderer and Violent Offender

Against Youth Information" on the Department's World Wide Web

home page. The Illinois Department of State Police must update

that information as it deems necessary.

The Illinois Department of State Police may require that a

person who seeks access to the violent offender against youth

information submit biographical information about himself or

herself before permitting access to the violent offender

against youth information. The Illinois Department of State

Police must promulgate rules in accordance with the Illinois

Administrative Procedure Act to implement this subsection (b)

and those rules must include procedures to ensure that the

information in the database is accurate.

(c) The Illinois Department of State Police must develop

and conduct training to educate all those entities involved in

the Murderer and Violent Offender Against Youth Registration

Program.

(d) The Illinois Department of State Police shall commence

the duties prescribed in the Murderer and Violent Offender

Against Youth Registration Act within 12 months after the

effective date of this Act.

(e) The Illinois Department of State Police shall collect

and annually report, on or before December 31 of each year, the

following information, making it publicly accessible on the

Illinois Department of State Police website:

(1) the number of registrants;

(2) the number of registrants currently registered for

each offense requiring registration; and

(3) biographical data, such as age of the registrant,

race of the registrant, and age of the victim.

(Source: P.A. 100-946, eff. 1-1-19.)

(730 ILCS 154/90)

Sec. 90. List of violent offenders against youth; list of

facilities, schools, and institutions of higher education. The

Illinois Department of State Police shall promulgate rules to

develop a list of violent offenders against youth covered by

this Act and a list of child care facilities, schools, and

institutions of higher education eligible to receive notice

under this Act, so that the list can be disseminated in a

timely manner to law enforcement agencies having jurisdiction.

(Source: P.A. 94-945, eff. 6-27-06.)

(730 ILCS 154/95)

Sec. 95. Community notification of violent offenders

against youth.

(a) The sheriff of the county, except Cook County, shall

disclose to the following the name, address, date of birth,

place of employment, school attended, and offense or

adjudication of all violent offenders against youth required

to register under Section 10 of this Act:

(1) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

county where the violent offender against youth is

required to register, resides, is employed, or is

attending an institution of higher education; and

(2) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located in the county where the

violent offender against youth is required to register or

is employed; and

(3) Child care facilities located in the county where

the violent offender against youth is required to register

or is employed; and

(4) Libraries located in the county where the violent

offender against youth is required to register or is

employed.

(a-2) The sheriff of Cook County shall disclose to the

following the name, address, date of birth, place of

employment, school attended, and offense or adjudication of

all violent offenders against youth required to register under

Section 10 of this Act:

(1) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located within the region of Cook

County, as those public school districts and nonpublic

schools are identified in LEADS, other than the City of

Chicago, where the violent offender against youth is

required to register or is employed; and

(2) Child care facilities located within the region of

Cook County, as those child care facilities are identified

in LEADS, other than the City of Chicago, where the

violent offender against youth is required to register or

is employed; and

(3) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

county, other than the City of Chicago, where the violent

offender against youth is required to register, resides,

is employed, or attending an institution of higher

education; and

(4) Libraries located in the county, other than the

City of Chicago, where the violent offender against youth

is required to register, resides, is employed, or is

attending an institution of higher education.

(a-3) The Chicago Police Department shall disclose to the

following the name, address, date of birth, place of

employment, school attended, and offense or adjudication of

all violent offenders against youth required to register under

Section 10 of this Act:

(1) School boards of public school districts and the

principal or other appropriate administrative officer of

each nonpublic school located in the police district where

the violent offender against youth is required to register

or is employed if the offender is required to register or

is employed in the City of Chicago; and

(2) Child care facilities located in the police

district where the violent offender against youth is

required to register or is employed if the offender is

required to register or is employed in the City of

Chicago; and

(3) The boards of institutions of higher education or

other appropriate administrative offices of each

non-public institution of higher education located in the

police district where the violent offender against youth

is required to register, resides, is employed, or

attending an institution of higher education in the City

of Chicago; and

(4) Libraries located in the police district where the

violent offender against youth is required to register or

is employed if the offender is required to register or is

employed in the City of Chicago.

(a-4) The Illinois Department of State Police shall

provide a list of violent offenders against youth required to

register to the Illinois Department of Children and Family

Services.

(b) The Illinois Department of State Police and any law

enforcement agency may disclose, in the Department's or

agency's discretion, the following information to any person

likely to encounter a violent offender against youth:

(1) The offender's name, address, and date of birth.

(2) The offense for which the offender was convicted.

(3) The offender's photograph or other such

information that will help identify the violent offender

against youth.

(4) Offender employment information, to protect public

safety.

(c) The name, address, date of birth, and offense or

adjudication for violent offenders against youth required to

register under Section 10 of this Act shall be open to

inspection by the public as provided in this Section. Every

municipal police department shall make available at its

headquarters the information on all violent offenders against

youth who are required to register in the municipality under

this Act. The sheriff shall also make available at his or her

headquarters the information on all violent offenders against

youth who are required to register under this Act and who live

in unincorporated areas of the county. Violent offender

against youth information must be made available for public

inspection to any person, no later than 72 hours or 3 business

days from the date of the request. The request must be made in

person, in writing, or by telephone. Availability must include

giving the inquirer access to a facility where the information

may be copied. A department or sheriff may charge a fee, but

the fee may not exceed the actual costs of copying the

information. An inquirer must be allowed to copy this

information in his or her own handwriting. A department or

sheriff must allow access to the information during normal

public working hours. The sheriff or a municipal police

department may publish the photographs of violent offenders

against youth where any victim was 13 years of age or younger

and who are required to register in the municipality or county

under this Act in a newspaper or magazine of general

circulation in the municipality or county or may disseminate

the photographs of those violent offenders against youth on

the Internet or on television. The law enforcement agency may

make available the information on all violent offenders

against youth residing within any county.

(d) The Illinois Department of State Police and any law

enforcement agency having jurisdiction may, in the

Department's or agency's discretion, place the information

specified in subsection (b) on the Internet or in other media.

(Source: P.A. 94-945, eff. 6-27-06; 95-278, eff. 8-17-07.)

(730 ILCS 154/100)

Sec. 100. Notification regarding juvenile offenders.

(a) The Illinois Department of State Police and any law

enforcement agency having jurisdiction may, in the

Department's or agency's discretion, only provide the

information specified in subsection (b) of Section 95, with

respect to an adjudicated juvenile delinquent, to any person

when that person's safety may be compromised for some reason

related to the juvenile violent offender against youth.

(b) The local law enforcement agency having jurisdiction

to register the juvenile violent offender against youth shall

ascertain from the juvenile violent offender against youth

whether the juvenile violent offender against youth is

enrolled in school; and if so, shall provide a copy of the

violent offender against youth registration form only to the

principal or chief administrative officer of the school and

any guidance counselor designated by him or her. The

registration form shall be kept separately from any and all

school records maintained on behalf of the juvenile violent

offender against youth.

(Source: P.A. 94-945, eff. 6-27-06.)

Section 1085. The Methamphetamine Manufacturer Registry

Act is amended by changing Sections 10 and 15 as follows:

(730 ILCS 180/10)

Sec. 10. Methamphetamine Manufacturer Database.

(a) The Illinois Department of State Police shall

establish and maintain a Methamphetamine Manufacturer Database

for the purpose of identifying methamphetamine manufacturers

and making that information available to law enforcement and

the general public. For every person convicted of a violation

of Section 15 of the Methamphetamine Control and Community

Protection Act on or after the effective date of this Act, the

methamphetamine manufacturer database shall contain

information relating to each methamphetamine manufacturer. The

information shall include the methamphetamine manufacturer's

name, date of birth, offense or offenses requiring inclusion

in the Methamphetamine Manufacturer Database, the conviction

date and county of each such offense, and such other

identifying information as the Illinois Department of State

Police deems necessary to identify the methamphetamine

manufacturer, but shall not include the social security number

of the methamphetamine manufacturer.

(b) The Illinois Department of State Police must make the

information contained in the Statewide Methamphetamine

Manufacturer Database accessible on the Internet by means of a

hyperlink labeled "Methamphetamine Manufacturer Information"

on the Department's World Wide Web home page. The Illinois

Department of State Police must update that information as it

deems necessary.

(c) The Illinois Department of State Police must

promulgate rules in accordance with the Illinois

Administrative Procedure Act to implement this Section and

those rules must include procedures to ensure that the

information in the database is accurate, and that the

information in the database reflects any changes based on the

reversal of a conviction for an offense requiring inclusion in

the Methamphetamine Manufacturer Database, or a court order

requiring the sealing or expungement of records relating to

the offense. A certified copy of such an order shall be deemed

prima facie true and correct and, shall be sufficient to

require the immediate amendment or removal of any person's

information from the Methamphetamine Manufacturer Database by

the Illinois Department of State Police.

(Source: P.A. 94-831, eff. 6-5-06.)

(730 ILCS 180/15)

Sec. 15. Conviction Information.

(a) Within 60 days after the effective date of this Act,

each circuit clerk shall forward monthly to the Illinois

Department of State Police a copy of the judgment for each and

all persons convicted of an offense within the definition of

methamphetamine manufacturer, as defined in Section 5 of this

Act, during the previous month.

(b) Within 120 days after the effective date of this Act,

the Director of Corrections shall forward to the Illinois

Department of State Police a list of all persons incarcerated

or on mandatory supervised release, who have been convicted of

an offense within the definition of methamphetamine

manufacturer, as defined in Section 5 of this Act.

(Source: P.A. 94-831, eff. 6-5-06.)

Section 1090. The Department of Juvenile Justice Mortality

Review Team Act is amended by changing Section 15 as follows:

(730 ILCS 195/15)

Sec. 15. Mortality review teams; establishment.

(a) Upon the occurrence of the death of any youth in the

Department's custody, the Director shall appoint members and a

chairperson to a mortality review team. The Director shall

make the appointments within 30 days after the youth's death.

(b) Each mortality review team shall consist of at least

one member from each of the following categories:

(1) Pediatrician or other physician.

(2) Representative of the Department.

(3) State's Attorney or State's Attorney

representative.

(4) Representative of a local law enforcement agency.

(5) Psychologist or psychiatrist.

(6) Representative of a local health department.

(7) Designee of the Board of Education of the

Department of Juvenile Justice School District created

under Section 13-40 of the School Code.

(8) Coroner or forensic pathologist.

(9) Representative of a juvenile justice advocacy

organization.

(10) Representative of a local hospital, trauma

center, or provider of emergency medical services.

(11) Representative of the Illinois Department of

State Police.

(12) Representative of the Office of the Governor's

Executive Inspector General.

A mortality review team may make recommendations to the

Director concerning additional appointments.

(c) Each mortality review team member must have

demonstrated experience or an interest in the welfare of youth

in State custody.

(d) The mortality review teams shall be funded in the

Department's annual budget to provide for the travel expenses

of team members and professional services engaged by the team.

(e) If a death of a youth in the Department's custody

occurs while a prior youth death is under review by a team

pursuant to this Act, the Director may request that the team

review the subsequent death.

(f) Upon the conclusion of all reporting required under

Sections 20, 25, and 30 with respect to a death reviewed by a

team, all appointments to the team shall expire.

(Source: P.A. 96-1378, eff. 7-29-10.)

Section 1095. The Code of Civil Procedure is amended by

changing Sections 2-202, 2-702, 21-101, 21-102, 21-102.5, and

21-103 as follows:

(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)

Sec. 2-202. Persons authorized to serve process; place of

service; failure to make return.

(a) Process shall be served by a sheriff, or if the sheriff

is disqualified, by a coroner of some county of the State. In

matters where the county or State is an interested party,

process may be served by a special investigator appointed by

the State's Attorney of the county, as defined in Section

3-9005 of the Counties Code. A sheriff of a county with a

population of less than 2,000,000 may employ civilian

personnel to serve process. In counties with a population of

less than 2,000,000, process may be served, without special

appointment, by a person who is licensed or registered as a

private detective under the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Act of

2004 or by a registered employee of a private detective agency

certified under that Act as defined in Section (a-5). A

private detective or licensed employee must supply the sheriff

of any county in which he serves process with a copy of his

license or certificate; however, the failure of a person to

supply the copy shall not in any way impair the validity of

process served by the person. The court may, in its discretion

upon motion, order service to be made by a private person over

18 years of age and not a party to the action. It is not

necessary that service be made by a sheriff or coroner of the

county in which service is made. If served or sought to be

served by a sheriff or coroner, he or she shall endorse his or

her return thereon, and if by a private person the return shall

be by affidavit.

(a-5) Upon motion and in its discretion, the court may

appoint as a special process server a private detective agency

certified under the Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004. Under

the appointment, any employee of the private detective agency

who is registered under that Act may serve the process. The

motion and the order of appointment must contain the number of

the certificate issued to the private detective agency by the

Department of Professional Regulation under the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. A private detective or

private detective agency shall send, one time only, a copy of

his, her, or its individual private detective license or

private detective agency certificate to the county sheriff in

each county in which the detective or detective agency or his,

her, or its employees serve process, regardless of the size of

the population of the county. As long as the license or

certificate is valid and meets the requirements of the

Department of Financial and Professional Regulation, a new

copy of the current license or certificate need not be sent to

the sheriff. A private detective agency shall maintain a list

of its registered employees. Registered employees shall

consist of:

(1) an employee who works for the agency holding a

valid Permanent Employee Registration Card;

(2) a person who has applied for a Permanent Employee

Registration Card, has had his or her fingerprints

processed and cleared by the Illinois Department of State

Police and the FBI, and as to whom the Department of

Financial and Professional Regulation website shows that

the person's application for a Permanent Employee

Registration Card is pending;

(3) a person employed by a private detective agency

who is exempt from a Permanent Employee Registration Card

requirement because the person is a current peace officer;

and

(4) a private detective who works for a private

detective agency as an employee.

A detective agency shall maintain this list and forward it to

any sheriff's department that requests this list within 5

business days after the receipt of the request.

(b) Summons may be served upon the defendants wherever

they may be found in the State, by any person authorized to

serve process. An officer may serve summons in his or her

official capacity outside his or her county, but fees for

mileage outside the county of the officer cannot be taxed as

costs. The person serving the process in a foreign county may

make return by mail.

(c) If any sheriff, coroner, or other person to whom any

process is delivered, neglects or refuses to make return of

the same, the plaintiff may petition the court to enter a rule

requiring the sheriff, coroner, or other person, to make

return of the process on a day to be fixed by the court, or to

show cause on that day why that person should not be attached

for contempt of the court. The plaintiff shall then cause a

written notice of the rule to be served on the sheriff,

coroner, or other person. If good and sufficient cause be not

shown to excuse the officer or other person, the court shall

adjudge him or her guilty of a contempt, and shall impose

punishment as in other cases of contempt.

(d) If process is served by a sheriff, coroner, or special

investigator appointed by the State's Attorney, the court may

tax the fee of the sheriff, coroner, or State's Attorney's

special investigator as costs in the proceeding. If process is

served by a private person or entity, the court may establish a

fee therefor and tax such fee as costs in the proceedings.

(e) In addition to the powers stated in Section 8.1a of the

Housing Authorities Act, in counties with a population of

3,000,000 or more inhabitants, members of a housing authority

police force may serve process for eviction actions commenced

by that housing authority and may execute eviction orders for

that housing authority.

(f) In counties with a population of 3,000,000 or more,

process may be served, with special appointment by the court,

by a private process server or a law enforcement agency other

than the county sheriff in proceedings instituted under

Article IX of this Code as a result of a lessor or lessor's

assignee declaring a lease void pursuant to Section 11 of the

Controlled Substance and Cannabis Nuisance Act.

(Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)

(735 ILCS 5/2-702)

Sec. 2-702. Petition for a certificate of innocence that

the petitioner was innocent of all offenses for which he or she

was incarcerated.

(a) The General Assembly finds and declares that innocent

persons who have been wrongly convicted of crimes in Illinois

and subsequently imprisoned have been frustrated in seeking

legal redress due to a variety of substantive and technical

obstacles in the law and that such persons should have an

available avenue to obtain a finding of innocence so that they

may obtain relief through a petition in the Court of Claims.

The General Assembly further finds misleading the current

legal nomenclature which compels an innocent person to seek a

pardon for being wrongfully incarcerated. It is the intent of

the General Assembly that the court, in exercising its

discretion as permitted by law regarding the weight and

admissibility of evidence submitted pursuant to this Section,

shall, in the interest of justice, give due consideration to

difficulties of proof caused by the passage of time, the death

or unavailability of witnesses, the destruction of evidence or

other factors not caused by such persons or those acting on

their behalf.

(b) Any person convicted and subsequently imprisoned for

one or more felonies by the State of Illinois which he or she

did not commit may, under the conditions hereinafter provided,

file a petition for certificate of innocence in the circuit

court of the county in which the person was convicted. The

petition shall request a certificate of innocence finding that

the petitioner was innocent of all offenses for which he or she

was incarcerated.

(c) In order to present the claim for certificate of

innocence of an unjust conviction and imprisonment, the

petitioner must attach to his or her petition documentation

demonstrating that:

(1) he or she has been convicted of one or more

felonies by the State of Illinois and subsequently

sentenced to a term of imprisonment, and has served all or

any part of the sentence; and

(2) his or her judgment of conviction was reversed or

vacated, and the indictment or information dismissed or,

if a new trial was ordered, either he or she was found not

guilty at the new trial or he or she was not retried and

the indictment or information dismissed; or the statute,

or application thereof, on which the indictment or

information was based violated the Constitution of the

United States or the State of Illinois; and

(3) his or her claim is not time barred by the

provisions of subsection (i) of this Section.

(d) The petition shall state facts in sufficient detail to

permit the court to find that the petitioner is likely to

succeed at trial in proving that the petitioner is innocent of

the offenses charged in the indictment or information or his

or her acts or omissions charged in the indictment or

information did not constitute a felony or misdemeanor against

the State of Illinois, and the petitioner did not by his or her

own conduct voluntarily cause or bring about his or her

conviction. The petition shall be verified by the petitioner.

(e) A copy of the petition shall be served on the Attorney

General and the State's Attorney of the county where the

conviction was had. The Attorney General and the State's

Attorney of the county where the conviction was had shall have

the right to intervene as parties.

(f) In any hearing seeking a certificate of innocence, the

court may take judicial notice of prior sworn testimony or

evidence admitted in the criminal proceedings related to the

convictions which resulted in the alleged wrongful

incarceration, if the petitioner was either represented by

counsel at such prior proceedings or the right to counsel was

knowingly waived.

(g) In order to obtain a certificate of innocence the

petitioner must prove by a preponderance of evidence that:

(1) the petitioner was convicted of one or more

felonies by the State of Illinois and subsequently

sentenced to a term of imprisonment, and has served all or

any part of the sentence;

(2)(A) the judgment of conviction was reversed or

vacated, and the indictment or information dismissed or,

if a new trial was ordered, either the petitioner was

found not guilty at the new trial or the petitioner was not

retried and the indictment or information dismissed; or

(B) the statute, or application thereof, on which the

indictment or information was based violated the

Constitution of the United States or the State of

Illinois;

(3) the petitioner is innocent of the offenses charged

in the indictment or information or his or her acts or

omissions charged in the indictment or information did not

constitute a felony or misdemeanor against the State; and

(4) the petitioner did not by his or her own conduct

voluntarily cause or bring about his or her conviction.

(h) If the court finds that the petitioner is entitled to a

judgment, it shall enter a certificate of innocence finding

that the petitioner was innocent of all offenses for which he

or she was incarcerated. Upon entry of the certificate of

innocence or pardon from the Governor stating that such pardon

was issued on the ground of innocence of the crime for which he

or she was imprisoned, (1) the clerk of the court shall

transmit a copy of the certificate of innocence to the clerk of

the Court of Claims, together with the claimant's current

address; and (2) the court shall enter an order expunging the

record of arrest from the official records of the arresting

authority and order that the records of the clerk of the

circuit court and the Illinois Department of State Police be

sealed until further order of the court upon good cause shown

or as otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by

the circuit court clerk under Section 16 of the Clerks of

Courts Act in connection with the arrest and conviction for

the offense but the order shall not affect any index issued by

the circuit court clerk before the entry of the order. The

court shall enter the expungement order regardless of whether

the petitioner has prior criminal convictions.

All records sealed by the Illinois Department of State

Police may be disseminated by the Department only as required

by law or to the arresting authority, the State's Attorney,

the court upon a later arrest for the same or similar offense,

or for the purpose of sentencing for any subsequent felony.

Upon conviction for any subsequent offense, the Department of

Corrections shall have access to all sealed records of the

Department pertaining to that individual.

Upon entry of the order of expungement, the clerk of the

circuit court shall promptly mail a copy of the order to the

person whose records were expunged and sealed.

(i) Any person seeking a certificate of innocence under

this Section based on the dismissal of an indictment or

information or acquittal that occurred before the effective

date of this amendatory Act of the 95th General Assembly shall

file his or her petition within 2 years after the effective

date of this amendatory Act of the 95th General Assembly. Any

person seeking a certificate of innocence under this Section

based on the dismissal of an indictment or information or

acquittal that occurred on or after the effective date of this

amendatory Act of the 95th General Assembly shall file his or

her petition within 2 years after the dismissal.

(j) The decision to grant or deny a certificate of

innocence shall be binding only with respect to claims filed

in the Court of Claims and shall not have a res judicata effect

on any other proceedings.

(Source: P.A. 98-133, eff. 1-1-14.)

(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)

Sec. 21-101. Proceedings; parties.

(a) If any person who is a resident of this State and has

resided in this State for 6 months desires to change his or her

name and to assume another name by which to be afterwards

called and known, the person may file a petition in the circuit

court of the county wherein he or she resides praying for that

relief.

(b) The filing of a petition in accordance with this

Section shall be the sole and exclusive means by which any

person committed under the laws of this State to a penal

institution may change his or her name and assume another

name. However, any person convicted of a felony in this State

or any other state who has not been pardoned may not file a

petition for a name change until 10 years have passed since

completion and discharge from his or her sentence. A person

who has been convicted of identity theft, aggravated identity

theft, felony or misdemeanor criminal sexual abuse when the

victim of the offense at the time of its commission is under 18

years of age, felony or misdemeanor sexual exploitation of a

child, felony or misdemeanor indecent solicitation of a child,

or felony or misdemeanor indecent solicitation of an adult, or

any other offense for which a person is required to register

under the Sex Offender Registration Act in this State or any

other state who has not been pardoned shall not be permitted to

file a petition for a name change in the courts of Illinois.

(c) A petitioner may include his or her spouse and adult

unmarried children, with their consent, and his or her minor

children where it appears to the court that it is for their

best interest, in the petition and prayer, and the court's

order shall then include the spouse and children. Whenever any

minor has resided in the family of any person for the space of

3 years and has been recognized and known as an adopted child

in the family of that person, the application herein provided

for may be made by the person having that minor in his or her

family.

An order shall be entered as to a minor only if the court

finds by clear and convincing evidence that the change is

necessary to serve the best interest of the child. In

determining the best interest of a minor child under this

Section, the court shall consider all relevant factors,

including:

(1) The wishes of the child's parents and any person

acting as a parent who has physical custody of the child.

(2) The wishes of the child and the reasons for those

wishes. The court may interview the child in chambers to

ascertain the child's wishes with respect to the change of

name. Counsel shall be present at the interview unless

otherwise agreed upon by the parties. The court shall

cause a court reporter to be present who shall make a

complete record of the interview instantaneously to be

part of the record in the case.

(3) The interaction and interrelationship of the child

with his or her parents or persons acting as parents who

have physical custody of the child, step-parents,

siblings, step-siblings, or any other person who may

significantly affect the child's best interest.

(4) The child's adjustment to his or her home, school,

and community.

(d) If it appears to the court that the conditions and

requirements under this Article have been complied with and

that there is no reason why the prayer should not be granted,

the court, by an order to be entered of record, may direct and

provide that the name of that person be changed in accordance

with the prayer in the petition. If the circuit court orders

that a name change be granted to a person who has been

adjudicated or convicted of a felony or misdemeanor offense

under the laws of this State or any other state for which a

pardon has not been granted, or has an arrest for which a

charge has not been filed or a pending charge on a felony or

misdemeanor offense, a copy of the order, including a copy of

each applicable access and review response, shall be forwarded

to the Illinois Department of State Police. The Illinois

Department of State Police shall update any criminal history

transcript or offender registration of each person 18 years of

age or older in the order to include the change of name as well

as his or her former name.

(Source: P.A. 100-370, eff. 1-1-18.)

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)

Sec. 21-102. Petition; update criminal history transcript.

(a) The petition shall set forth the name then held, the

name sought to be assumed, the residence of the petitioner,

the length of time the petitioner has resided in this State,

and the state or country of the petitioner's nativity or

supposed nativity. The petition shall include a statement,

verified under oath as provided under Section 1-109 of this

Code, whether or not the petitioner or any other person 18

years of age or older who will be subject to a change of name

under the petition if granted: (1) has been adjudicated or

convicted of a felony or misdemeanor offense under the laws of

this State or any other state for which a pardon has not been

granted; or (2) has an arrest for which a charge has not been

filed or a pending charge on a felony or misdemeanor offense.

The petition shall be signed by the person petitioning or, in

case of minors, by the parent or guardian having the legal

custody of the minor. The petition shall be verified by the

affidavit of some credible person.

(b) If the statement provided under subsection (a) of this

Section indicates the petitioner or any other person 18 years

of age or older who will be subject to a change of name under

the petition, if granted, has been adjudicated or convicted of

a felony or misdemeanor offense under the laws of this State or

any other state for which a pardon has not been granted, or has

an arrest for which a charge has not been filed or a pending

charge on a felony or misdemeanor offense, the State's

Attorney may request the court to or the court may on its own

motion, require the person, prior to a hearing on the

petition, to initiate an update of his or her criminal history

transcript with the Illinois Department of State Police. The

Department shall allow a person to use the Access and Review

process, established by rule in the Department, for this

purpose. Upon completion of the update of the criminal history

transcript, the petitioner shall file confirmation of each

update with the court, which shall seal the records from

disclosure outside of court proceedings on the petition.

(Source: P.A. 100-370, eff. 1-1-18.)

(735 ILCS 5/21-102.5)

Sec. 21-102.5. Notice; objection.

(a) The circuit court clerk shall promptly serve a copy of

the petition on the State's Attorney and the Illinois

Department of State Police.

(b) The State's Attorney may file an objection to the

petition. All objections shall be in writing, shall be filed

with the circuit court clerk, and shall state with specificity

the basis of the objection. Objections to a petition must be

filed within 30 days of the date of service of the petition

upon the State's Attorney.

(Source: P.A. 100-370, eff. 1-1-18.)

(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)

Sec. 21-103. Notice by publication.

(a) Previous notice shall be given of the intended

application by publishing a notice thereof in some newspaper

published in the municipality in which the person resides if

the municipality is in a county with a population under

2,000,000, or if the person does not reside in a municipality

in a county with a population under 2,000,000, or if no

newspaper is published in the municipality or if the person

resides in a county with a population of 2,000,000 or more,

then in some newspaper published in the county where the

person resides, or if no newspaper is published in that

county, then in some convenient newspaper published in this

State. The notice shall be inserted for 3 consecutive weeks

after filing, the first insertion to be at least 6 weeks before

the return day upon which the petition is to be heard, and

shall be signed by the petitioner or, in case of a minor, the

minor's parent or guardian, and shall set forth the return day

of court on which the petition is to be heard and the name

sought to be assumed.

(b) The publication requirement of subsection (a) shall

not be required in any application for a change of name

involving a minor if, before making judgment under this

Article, reasonable notice and opportunity to be heard is

given to any parent whose parental rights have not been

previously terminated and to any person who has physical

custody of the child. If any of these persons are outside this

State, notice and opportunity to be heard shall be given under

Section 21-104.

(b-3) The publication requirement of subsection (a) shall

not be required in any application for a change of name

involving a person who has received a judgment for dissolution

of marriage or declaration of invalidity of marriage and

wishes to change his or her name to resume the use of his or

her former or maiden name.

(b-5) Upon motion, the court may issue an order directing

that the notice and publication requirement be waived for a

change of name involving a person who files with the court a

written declaration that the person believes that publishing

notice of the name change would put the person at risk of

physical harm or discrimination. The person must provide

evidence to support the claim that publishing notice of the

name change would put the person at risk of physical harm or

discrimination.

(c) The Director of the Illinois State Police or his or her

designee may apply to the circuit court for an order directing

that the notice and publication requirements of this Section

be waived if the Director or his or her designee certifies that

the name change being sought is intended to protect a witness

during and following a criminal investigation or proceeding.

(c-1) The court may enter a written order waiving the

publication requirement of subsection (a) if:

(i) the petitioner is 18 years of age or older; and

(ii) concurrent with the petition, the petitioner

files with the court a statement, verified under oath as

provided under Section 1-109 of this Code, attesting that

the petitioner is or has been a person protected under the

Illinois Domestic Violence Act of 1986, the Stalking No

Contact Order Act, the Civil No Contact Order Act, Article

112A of the Code of Criminal Procedure of 1963, a

condition of bail under subsections (b) through (d) of

Section 110-10 of the Code of Criminal Procedure of 1963,

or a similar provision of a law in another state or

jurisdiction.

The petitioner may attach to the statement any supporting

documents, including relevant court orders.

(c-2) If the petitioner files a statement attesting that

disclosure of the petitioner's address would put the

petitioner or any member of the petitioner's family or

household at risk or reveal the confidential address of a

shelter for domestic violence victims, that address may be

omitted from all documents filed with the court, and the

petitioner may designate an alternative address for service.

(c-3) Court administrators may allow domestic abuse

advocates, rape crisis advocates, and victim advocates to

assist petitioners in the preparation of name changes under

subsection (c-1).

(c-4) If the publication requirements of subsection (a)

have been waived, the circuit court shall enter an order

impounding the case.

(d) The maximum rate charged for publication of a notice

under this Section may not exceed the lowest classified rate

paid by commercial users for comparable space in the newspaper

in which the notice appears and shall include all cash

discounts, multiple insertion discounts, and similar benefits

extended to the newspaper's regular customers.

(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.

100-565 for the effective date of P.A. 100-520); 100-788, eff.

1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,

eff. 1-1-20.)

Section 1100. The Stalking No Contact Order Act is amended

by changing Sections 80, 115, and 135 as follows:

(740 ILCS 21/80)

Sec. 80. Stalking no contact orders; remedies.

(a) If the court finds that the petitioner has been a

victim of stalking, a stalking no contact order shall issue;

provided that the petitioner must also satisfy the

requirements of Section 95 on emergency orders or Section 100

on plenary orders. The petitioner shall not be denied a

stalking no contact order because the petitioner or the

respondent is a minor. The court, when determining whether or

not to issue a stalking no contact order, may not require

physical injury on the person of the petitioner. Modification

and extension of prior stalking no contact orders shall be in

accordance with this Act.

(b) A stalking no contact order shall order one or more of

the following:

(1) prohibit the respondent from threatening to commit

or committing stalking;

(2) order the respondent not to have any contact with

the petitioner or a third person specifically named by the

court;

(3) prohibit the respondent from knowingly coming

within, or knowingly remaining within a specified distance

of the petitioner or the petitioner's residence, school,

daycare, or place of employment, or any specified place

frequented by the petitioner; however, the court may order

the respondent to stay away from the respondent's own

residence, school, or place of employment only if the

respondent has been provided actual notice of the

opportunity to appear and be heard on the petition;

(4) prohibit the respondent from possessing a Firearm

Owners Identification Card, or possessing or buying

firearms; and

(5) order other injunctive relief the court determines

to be necessary to protect the petitioner or third party

specifically named by the court.

(b-5) When the petitioner and the respondent attend the

same public, private, or non-public elementary, middle, or

high school, the court when issuing a stalking no contact

order and providing relief shall consider the severity of the

act, any continuing physical danger or emotional distress to

the petitioner, the educational rights guaranteed to the

petitioner and respondent under federal and State law, the

availability of a transfer of the respondent to another

school, a change of placement or a change of program of the

respondent, the expense, difficulty, and educational

disruption that would be caused by a transfer of the

respondent to another school, and any other relevant facts of

the case. The court may order that the respondent not attend

the public, private, or non-public elementary, middle, or high

school attended by the petitioner, order that the respondent

accept a change of placement or program, as determined by the

school district or private or non-public school, or place

restrictions on the respondent's movements within the school

attended by the petitioner. The respondent bears the burden of

proving by a preponderance of the evidence that a transfer,

change of placement, or change of program of the respondent is

not available. The respondent also bears the burden of

production with respect to the expense, difficulty, and

educational disruption that would be caused by a transfer of

the respondent to another school. A transfer, change of

placement, or change of program is not unavailable to the

respondent solely on the ground that the respondent does not

agree with the school district's or private or non-public

school's transfer, change of placement, or change of program

or solely on the ground that the respondent fails or refuses to

consent to or otherwise does not take an action required to

effectuate a transfer, change of placement, or change of

program. When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to another

attendance center within the respondent's school district or

private or non-public school, the school district or private

or non-public school shall have sole discretion to determine

the attendance center to which the respondent is transferred.

In the event the court order results in a transfer of the minor

respondent to another attendance center, a change in the

respondent's placement, or a change of the respondent's

program, the parents, guardian, or legal custodian of the

respondent is responsible for transportation and other costs

associated with the transfer or change.

(b-6) The court may order the parents, guardian, or legal

custodian of a minor respondent to take certain actions or to

refrain from taking certain actions to ensure that the

respondent complies with the order. In the event the court

orders a transfer of the respondent to another school, the

parents, guardian, or legal custodian of the respondent are

responsible for transportation and other costs associated with

the change of school by the respondent.

(b-7) The court shall not hold a school district or

private or non-public school or any of its employees in civil

or criminal contempt unless the school district or private or

non-public school has been allowed to intervene.

(b-8) The court may hold the parents, guardian, or legal

custodian of a minor respondent in civil or criminal contempt

for a violation of any provision of any order entered under

this Act for conduct of the minor respondent in violation of

this Act if the parents, guardian, or legal custodian

directed, encouraged, or assisted the respondent minor in such

conduct.

(c) The court may award the petitioner costs and attorneys

fees if a stalking no contact order is granted.

(d) Monetary damages are not recoverable as a remedy.

(e) If the stalking no contact order prohibits the

respondent from possessing a Firearm Owner's Identification

Card, or possessing or buying firearms; the court shall

confiscate the respondent's Firearm Owner's Identification

Card and immediately return the card to the Illinois

Department of State Police Firearm Owner's Identification Card

Office.

(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;

97-1131, eff. 1-1-13.)

(740 ILCS 21/115)

Sec. 115. Notice of orders.

(a) Upon issuance of any stalking no contact order, the

clerk shall immediately:

(1) enter the order on the record and file it in

accordance with the circuit court procedures; and

(2) provide a file stamped copy of the order to the

respondent, if present, and to the petitioner.

(b) The clerk of the issuing judge shall, or the

petitioner may, on the same day that a stalking no contact

order is issued, file a certified copy of that order with the

sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records or

charged with serving the order upon the respondent. If the

respondent, at the time of the issuance of the order, is

committed to the custody of the Illinois Department of

Corrections or Illinois Department of Juvenile Justice or is

on parole, aftercare release, or mandatory supervised release,

the sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records shall

notify the Department of Corrections or Department of Juvenile

Justice within 48 hours of receipt of a copy of the stalking no

contact order from the clerk of the issuing judge or the

petitioner. Such notice shall include the name of the

respondent, the respondent's IDOC inmate number or IDJJ youth

identification number, the respondent's date of birth, and the

LEADS Record Index Number.

(c) Unless the respondent was present in court when the

order was issued, the sheriff, other law enforcement official,

or special process server shall promptly serve that order upon

the respondent and file proof of such service in the manner

provided for service of process in civil proceedings. Instead

of serving the order upon the respondent, however, the

sheriff, other law enforcement official, special process

server, or other persons defined in Section 117 may serve the

respondent with a short form notification as provided in

Section 117. If process has not yet been served upon the

respondent, it shall be served with the order or short form

notification if such service is made by the sheriff, other law

enforcement official, or special process server.

(d) If the person against whom the stalking no contact

order is issued is arrested and the written order is issued in

accordance with subsection (c) of Section 95 and received by

the custodial law enforcement agency before the respondent or

arrestee is released from custody, the custodial law

enforcement agent shall promptly serve the order upon the

respondent or arrestee before the respondent or arrestee is

released from custody. In no event shall detention of the

respondent or arrestee be extended for hearing on the petition

for stalking no contact order or receipt of the order issued

under Section 95 of this Act.

(e) Any order extending, modifying, or revoking any

stalking no contact order shall be promptly recorded, issued,

and served as provided in this Section.

(f) Upon the request of the petitioner, within 24 hours of

the issuance of a stalking no contact order, the clerk of the

issuing judge shall send written notice of the order along

with a certified copy of the order to any school, daycare,

college, or university at which the petitioner is enrolled.

(Source: P.A. 101-508, eff. 1-1-20.)

(740 ILCS 21/135)

Sec. 135. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Illinois Department

of State Police, on the same day as received, in the form and

detail the Department requires, copies of any recorded

emergency or plenary stalking no contact orders issued by the

court and transmitted to the sheriff by the clerk of the court

in accordance with subsection (b) of Section 115 of this Act.

Each stalking no contact order shall be entered in the Law

Enforcement Agencies Data System on the same day it is issued

by the court. If an emergency stalking no contact order was

issued in accordance with subsection (c) of Section 100, the

order shall be entered in the Law Enforcement Agencies Data

System as soon as possible after receipt from the clerk of the

court.

(b) The Illinois Department of State Police shall maintain

a complete and systematic record and index of all valid and

recorded stalking no contact orders issued under this Act. The

data shall be used to inform all dispatchers and law

enforcement officers at the scene of an alleged incident of

stalking or violation of a stalking no contact order of any

recorded prior incident of stalking involving the petitioner

and the effective dates and terms of any recorded stalking no

contact order.

(Source: P.A. 96-246, eff. 1-1-10.)

Section 1105. The Civil No Contact Order Act is amended by

changing Sections 218 and 302 as follows:

(740 ILCS 22/218)

Sec. 218. Notice of orders.

(a) Upon issuance of any civil no contact order, the clerk

shall immediately:

(1) enter the order on the record and file it in

accordance with the circuit court procedures; and

(2) provide a file stamped copy of the order to the

respondent, if present, and to the petitioner.

(b) The clerk of the issuing judge shall, or the

petitioner may, on the same day that a civil no contact order

is issued, file a certified copy of that order with the sheriff

or other law enforcement officials charged with maintaining

Illinois Department of State Police records or charged with

serving the order upon the respondent. If the respondent, at

the time of the issuance of the order, is committed to the

custody of the Illinois Department of Corrections or Illinois

Department of Juvenile Justice, or is on parole, aftercare

release, or mandatory supervised release, the sheriff or other

law enforcement officials charged with maintaining Illinois

Department of State Police records shall notify the Department

of Corrections or Department of Juvenile Justice within 48

hours of receipt of a copy of the civil no contact order from

the clerk of the issuing judge or the petitioner. Such notice

shall include the name of the respondent, the respondent's

IDOC inmate number or IDJJ youth identification number, the

respondent's date of birth, and the LEADS Record Index Number.

(c) Unless the respondent was present in court when the

order was issued, the sheriff, other law enforcement official,

or special process server shall promptly serve that order upon

the respondent and file proof of such service in the manner

provided for service of process in civil proceedings. Instead

of serving the order upon the respondent, however, the

sheriff, other law enforcement official, special process

server, or other persons defined in Section 218.1 may serve

the respondent with a short form notification as provided in

Section 218.1. If process has not yet been served upon the

respondent, it shall be served with the order or short form

notification if such service is made by the sheriff, other law

enforcement official, or special process server.

(d) If the person against whom the civil no contact order

is issued is arrested and the written order is issued in

accordance with subsection (c) of Section 214 and received by

the custodial law enforcement agency before the respondent or

arrestee is released from custody, the custodial law

enforcement agent shall promptly serve the order upon the

respondent or arrestee before the respondent or arrestee is

released from custody. In no event shall detention of the

respondent or arrestee be extended for hearing on the petition

for civil no contact order or receipt of the order issued under

Section 214 of this Act.

(e) Any order extending, modifying, or revoking any civil

no contact order shall be promptly recorded, issued, and

served as provided in this Section.

(f) Upon the request of the petitioner, within 24 hours of

the issuance of a civil no contact order, the clerk of the

issuing judge shall send written notice of the order along

with a certified copy of the order to any school, college, or

university at which the petitioner is enrolled.

(Source: P.A. 101-508, eff. 1-1-20.)

(740 ILCS 22/302)

Sec. 302. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Illinois Department

of State Police, on the same day as received, in the form and

detail the Department requires, copies of any recorded

emergency or plenary civil no contact orders issued by the

court and transmitted to the sheriff by the clerk of the court

in accordance with subsection (b) of Section 218 of this Act.

Each civil no contact order shall be entered in the Law

Enforcement Agencies Data System on the same day it is issued

by the court. If an emergency civil no contact order was issued

in accordance with subsection (c) of Section 214, the order

shall be entered in the Law Enforcement Agencies Data System

as soon as possible after receipt from the clerk of the court.

(b) The Illinois Department of State Police shall maintain

a complete and systematic record and index of all valid and

recorded civil no contact orders issued under this Act. The

data shall be used to inform all dispatchers and law

enforcement officers at the scene of an alleged incident of

non-consensual sexual conduct or non-consensual sexual

penetration or violation of a civil no contact order of any

recorded prior incident of non-consensual sexual conduct or

non-consensual sexual penetration involving the victim and the

effective dates and terms of any recorded civil no contact

order.

(Source: P.A. 93-236, eff. 1-1-04.)

Section 1110. The Controlled Substance and Cannabis

Nuisance Act is amended by changing Sections 1, 3, and 7 as

follows:

(740 ILCS 40/1) (from Ch. 100 1/2, par. 14)

Sec. 1. As used in this Act unless the context otherwise

requires:

"Department" means the Department of State Police of the

State of Illinois.

"Controlled Substances" means any substance as defined and

included in the Schedules of Article II of the "Illinois

Controlled Substances Act," and cannabis as defined in the

"Cannabis Control Act" enacted by the 77th General Assembly.

"Place" means any store, shop, warehouse, dwelling house,

building, apartment or any place whatever.

"Nuisance" means any place at which or in which controlled

substances are unlawfully sold, possessed, served, stored,

delivered, manufactured, cultivated, given away or used more

than once within a period of one year.

"Person" means any corporation, association, partner, or

one or more individuals.

(Source: P.A. 87-765.)

(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)

Sec. 3. (a) The Illinois State Police Department or the

State's Attorney or any citizen of the county in which a

nuisance exists may file a complaint in the name of the People

of the State of Illinois to enjoin all persons from

maintaining or permitting such nuisance, to abate the same and

to enjoin the use of any such place for the period of one year.

(b) Upon the filing of a complaint by the State's Attorney

or the Illinois State Police Department in which the complaint

states that irreparable injury, loss or damage will result to

the People of the State of Illinois, the court shall enter a

temporary restraining order without notice enjoining the

maintenance of such nuisance, upon testimony under oath,

affidavit, or verified complaint containing facts sufficient,

if sustained, to justify the court in entering a preliminary

injunction upon a hearing after notice. Every such temporary

restraining order entered without notice shall be endorsed

with the date and hour of entry of the order, shall be filed of

record, and shall expire by its terms within such time after

entry, not to exceed 10 days as fixed by the court, unless the

temporary restraining order, for good cause, is extended for a

like period or unless the party against whom the order is

directed consents that it may be extended for a longer period.

The reason for extension shall be shown in the order. In case a

temporary restraining order is entered without notice, the

motion for a permanent injunction shall be set down for

hearing at the earliest possible time and takes precedence

over all matters except older matters of the same character,

and when the motion comes on for hearing, the Illinois State

Police Department or State's Attorney, as the case may be,

shall proceed with the application for a permanent injunction,

and, if he does not do so, the court shall dissolve the

temporary restraining order. On 2 days' notice to the Illinois

State Police Department or State's Attorney, as the case may

be, the defendant may appear and move the dissolution or

modification of such temporary restraining order and in that

event the court shall proceed to hear and determine such

motion as expeditiously as the ends of justice require.

(c) Upon the filing of the complaint by a citizen or the

Illinois State Police Department or the State's Attorney (in

cases in which the Illinois State Police Department or State's

Attorney does not request injunctive relief without notice) in

the circuit court, the court, if satisfied that the nuisance

complained of exists, shall allow a temporary restraining

order, with bond unless the application is filed by the

Illinois State Police Department or State's Attorney, in such

amount as the court may determine, enjoining the defendant

from maintaining any such nuisance within the jurisdiction of

the court granting the injunctive relief. However, no such

injunctive relief shall be granted, except on behalf of an

owner or agent, unless it be made to appear to the satisfaction

of the court that the owner or agent of such place knew or had

been personally served with a notice signed by the plaintiff

and that such notice has been served upon such owner or such

agent of such place at least 5 days prior thereto, that such

place, specifically describing the same, was being so used,

naming the date or dates of its being so used, and that such

owner or agent had failed to abate such nuisance, or that upon

diligent inquiry such owner or agent could not be found for the

service of such preliminary notice. The lessee, if any, of

such place shall be made a party defendant to such petition. If

the property owner is a corporation and the Illinois State

Police Department or the State's Attorney sends the

preliminary notice to the corporate address registered with

the Secretary of State, such action shall create a rebuttable

presumption that the parties have acted with due diligence and

the court may grant injunctive relief.

(d) In all cases in which the complaint is filed by a

citizen, such complaint shall be verified.

(Source: P.A. 99-78, eff. 7-20-15.)

(740 ILCS 40/7) (from Ch. 100 1/2, par. 20)

Sec. 7. The proceeds of the sale of the movable property

shall be applied in payment of the costs of the proceeding, and

the balance, if any, shall be forwarded by the clerk of the

circuit court to the State Treasurer for deposit into the Drug

Treatment Fund, which is established as a special fund within

the State Treasury. The Department of Human Services may make

grants to persons licensed under Section 15-10 of the

Substance Use Disorder Act or to municipalities or counties

from funds appropriated to the Illinois State Police

Department from the Drug Treatment Fund for the treatment of

persons addicted to alcohol, cannabis, or controlled

substances. The Illinois State Police Department may adopt any

rules it deems appropriate for the administration of these

grants. The Illinois State Police Department shall ensure that

the moneys collected in each county be returned

proportionately to the counties through grants to licensees

located within the county in which the assessment was

collected. Moneys in the Fund shall not supplant other local,

state or federal funds.

(Source: P.A. 100-759, eff. 1-1-19.)

Section 1115. The Mental Health and Developmental

Disabilities Confidentiality Act is amended by changing

Sections 12 and 12.2 as follows:

(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

Sec. 12. (a) If the United States Secret Service or the

Illinois Department of State Police requests information from

a mental health or developmental disability facility, as

defined in Section 1-107 and 1-114 of the Mental Health and

Developmental Disabilities Code, relating to a specific

recipient and the facility director determines that disclosure

of such information may be necessary to protect the life of, or

to prevent the infliction of great bodily harm to, a public

official, or a person under the protection of the United

States Secret Service, only the following information may be

disclosed: the recipient's name, address, and age and the date

of any admission to or discharge from a facility; and any

information which would indicate whether or not the recipient

has a history of violence or presents a danger of violence to

the person under protection. Any information so disclosed

shall be used for investigative purposes only and shall not be

publicly disseminated. Any person participating in good faith

in the disclosure of such information in accordance with this

provision shall have immunity from any liability, civil,

criminal or otherwise, if such information is disclosed

relying upon the representation of an officer of the United

States Secret Service or the Illinois Department of State

Police that a person is under the protection of the United

States Secret Service or is a public official.

For the purpose of this subsection (a), the term "public

official" means the Governor, Lieutenant Governor, Attorney

General, Secretary of State, State Comptroller, State

Treasurer, member of the General Assembly, member of the

United States Congress, Judge of the United States as defined

in 28 U.S.C. 451, Justice of the United States as defined in 28

U.S.C. 451, United States Magistrate Judge as defined in 28

U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

Supreme, Appellate, Circuit, or Associate Judge of the State

of Illinois. The term shall also include the spouse, child or

children of a public official.

(b) The Department of Human Services (acting as successor

to the Department of Mental Health and Developmental

Disabilities) and all public or private hospitals and mental

health facilities are required, as hereafter described in this

subsection, to furnish the Illinois Department of State Police

only such information as may be required for the sole purpose

of determining whether an individual who may be or may have

been a patient is disqualified because of that status from

receiving or retaining a Firearm Owner's Identification Card

or falls within the federal prohibitors under subsection (e),

(f), (g), (r), (s), or (t) of Section 8 of the Firearm Owners

Identification Card Act, or falls within the federal

prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

clinical psychologists, or qualified examiners at public or

private mental health facilities or parts thereof as defined

in this subsection shall, in the form and manner required by

the Department, provide notice directly to the Department of

Human Services, or to his or her employer who shall then report

to the Department, within 24 hours after determining that a

person poses a clear and present danger to himself, herself,

or others, or within 7 days after a person 14 years or older is

determined to be a person with a developmental disability by a

physician, clinical psychologist, or qualified examiner as

described in Section 1.1 of the Firearm Owners Identification

Card Act. If a person is a patient as described in clause (1)

of the definition of "patient" in Section 1.1 of the Firearm

Owners Identification Card Act, this information shall be

furnished within 7 days after admission to a public or private

hospital or mental health facility or the provision of

services. Any such information disclosed under this subsection

shall remain privileged and confidential, and shall not be

redisclosed, except as required by subsection (e) of Section

3.1 of the Firearm Owners Identification Card Act, nor

utilized for any other purpose. The method of requiring the

providing of such information shall guarantee that no

information is released beyond what is necessary for this

purpose. In addition, the information disclosed shall be

provided by the Department within the time period established

by Section 24-3 of the Criminal Code of 2012 regarding the

delivery of firearms. The method used shall be sufficient to

provide the necessary information within the prescribed time

period, which may include periodically providing lists to the

Department of Human Services or any public or private hospital

or mental health facility of Firearm Owner's Identification

Card applicants on which the Department or hospital shall

indicate the identities of those individuals who are to its

knowledge disqualified from having a Firearm Owner's

Identification Card for reasons described herein. The

Department may provide for a centralized source of information

for the State on this subject under its jurisdiction. The

identity of the person reporting under this subsection shall

not be disclosed to the subject of the report. For the purposes

of this subsection, the physician, clinical psychologist, or

qualified examiner making the determination and his or her

employer shall not be held criminally, civilly, or

professionally liable for making or not making the

notification required under this subsection, except for

willful or wanton misconduct.

Any person, institution, or agency, under this Act,

participating in good faith in the reporting or disclosure of

records and communications otherwise in accordance with this

provision or with rules, regulations or guidelines issued by

the Department shall have immunity from any liability, civil,

criminal or otherwise, that might result by reason of the

action. For the purpose of any proceeding, civil or criminal,

arising out of a report or disclosure in accordance with this

provision, the good faith of any person, institution, or

agency so reporting or disclosing shall be presumed. The full

extent of the immunity provided in this subsection (b) shall

apply to any person, institution or agency that fails to make a

report or disclosure in the good faith belief that the report

or disclosure would violate federal regulations governing the

confidentiality of alcohol and drug abuse patient records

implementing 42 U.S.C. 290dd-3 and 290ee-3.

For purposes of this subsection (b) only, the following

terms shall have the meaning prescribed:

(1) (Blank).

(1.3) "Clear and present danger" has the meaning as

defined in Section 1.1 of the Firearm Owners

Identification Card Act.

(1.5) "Person with a developmental disability" has the

meaning as defined in Section 1.1 of the Firearm Owners

Identification Card Act.

(2) "Patient" has the meaning as defined in Section

1.1 of the Firearm Owners Identification Card Act.

(3) "Mental health facility" has the meaning as

defined in Section 1.1 of the Firearm Owners

Identification Card Act.

(c) Upon the request of a peace officer who takes a person

into custody and transports such person to a mental health or

developmental disability facility pursuant to Section 3-606 or

4-404 of the Mental Health and Developmental Disabilities Code

or who transports a person from such facility, a facility

director shall furnish said peace officer the name, address,

age and name of the nearest relative of the person transported

to or from the mental health or developmental disability

facility. In no case shall the facility director disclose to

the peace officer any information relating to the diagnosis,

treatment or evaluation of the person's mental or physical

health.

For the purposes of this subsection (c), the terms "mental

health or developmental disability facility", "peace officer"

and "facility director" shall have the meanings ascribed to

them in the Mental Health and Developmental Disabilities Code.

(d) Upon the request of a peace officer or prosecuting

authority who is conducting a bona fide investigation of a

criminal offense, or attempting to apprehend a fugitive from

justice, a facility director may disclose whether a person is

present at the facility. Upon request of a peace officer or

prosecuting authority who has a valid forcible felony warrant

issued, a facility director shall disclose: (1) whether the

person who is the subject of the warrant is present at the

facility and (2) the date of that person's discharge or future

discharge from the facility. The requesting peace officer or

prosecuting authority must furnish a case number and the

purpose of the investigation or an outstanding arrest warrant

at the time of the request. Any person, institution, or agency

participating in good faith in disclosing such information in

accordance with this subsection (d) is immune from any

liability, civil, criminal or otherwise, that might result by

reason of the action.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

eff. 7-27-15; 99-642, eff. 7-28-16.)

(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)

Sec. 12.2. (a) When a recipient who has been judicially or

involuntarily admitted, or is a forensic recipient admitted to

a developmental disability or mental health facility, as

defined in Section 1-107 or 1-114 of the Mental Health and

Developmental Disabilities Code, is on an unauthorized absence

or otherwise has left the custody of the Department of Human

Services without being discharged or being free to do so, the

facility director shall immediately furnish and disclose to

the appropriate local law enforcement agency identifying

information, as defined in this Section, and all further

information unrelated to the diagnosis, treatment or

evaluation of the recipient's mental or physical health that

would aid the law enforcement agency in recovering the

recipient and returning him or her to custody. When a forensic

recipient is on an unauthorized absence or otherwise has left

the custody of the Department without being discharged or

being free to do so, the facility director, or designee, of a

mental health facility or developmental facility operated by

the Department shall also immediately notify, in like manner,

the Illinois Department of State Police.

(b) If a law enforcement agency requests information from

a developmental disability or mental health facility, as

defined in Section 1-107 or 1-114 of the Mental Health and

Developmental Disabilities Code, relating to a recipient who

has been admitted to the facility and for whom a missing person

report has been filed with a law enforcement agency, the

facility director shall, except in the case of a voluntary

recipient wherein the recipient's permission in writing must

first be obtained, furnish and disclose to the law enforcement

agency identifying information as is necessary to confirm or

deny whether that person is, or has been since the missing

person report was filed, a resident of that facility. The

facility director shall notify the law enforcement agency if

the missing person is admitted after the request. Any person

participating in good faith in the disclosure of information

in accordance with this provision shall have immunity from any

liability, civil, criminal, or otherwise, if the information

is disclosed relying upon the representation of an officer of

a law enforcement agency that a missing person report has been

filed.

(c) Upon the request of a law enforcement agency in

connection with the investigation of a particular felony or

sex offense, when the investigation case file number is

furnished by the law enforcement agency, a facility director

shall immediately disclose to that law enforcement agency

identifying information on any forensic recipient who is

admitted to a developmental disability or mental health

facility, as defined in Section 1-107 or 1-114 of the Mental

Health and Developmental Disabilities Code, who was or may

have been away from the facility at or about the time of the

commission of a particular felony or sex offense, and: (1)

whose description, clothing, or both reasonably match the

physical description of any person allegedly involved in that

particular felony or sex offense; or (2) whose past modus

operandi matches the modus operandi of that particular felony

or sex offense.

(d) For the purposes of this Section and Section 12.1,

"law enforcement agency" means an agency of the State or unit

of local government that is vested by law or ordinance with the

duty to maintain public order and to enforce criminal laws or

ordinances, the Federal Bureau of Investigation, the Central

Intelligence Agency, and the United States Secret Service.

(e) For the purpose of this Section, "identifying

information" means the name, address, age, and a physical

description, including clothing, of the recipient of services,

the names and addresses of the recipient's nearest known

relatives, where the recipient was known to have been during

any past unauthorized absences from a facility, whether the

recipient may be suicidal, and the condition of the

recipient's physical health as it relates to exposure to the

weather. Except as provided in Section 11, in no case shall the

facility director disclose to the law enforcement agency any

information relating to the diagnosis, treatment, or

evaluation of the recipient's mental or physical health,

unless the disclosure is deemed necessary by the facility

director to insure the safety of the investigating officers or

general public.

(f) For the purpose of this Section, "forensic recipient"

means a recipient who is placed in a developmental disability

facility or mental health facility, as defined in Section

1-107 or 1-114 of the Mental Health and Developmental

Disabilities Code, pursuant to Article 104 of the Code of

Criminal Procedure of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4

of the Unified Code of Corrections.

(Source: P.A. 98-756, eff. 7-16-14; 99-216, eff. 7-31-15.)

Section 1120. The Illinois False Claims Act is amended by

changing Sections 2 and 4 as follows:

(740 ILCS 175/2) (from Ch. 127, par. 4102)

Sec. 2. Definitions. As used in this Act:

(a) "State" means the State of Illinois; any agency of

State government; the system of State colleges and

universities, any school district, community college district,

county, municipality, municipal corporation, unit of local

government, and any combination of the above under an

intergovernmental agreement that includes provisions for a

governing body of the agency created by the agreement.

(b) "Guard" means the Illinois National Guard.

(c) "Investigation" means any inquiry conducted by any

investigator for the purpose of ascertaining whether any

person is or has been engaged in any violation of this Act.

(d) "Investigator" means a person who is charged by the

Attorney General or the Illinois Department of State Police

with the duty of conducting any investigation under this Act,

or any officer or employee of the State acting under the

direction and supervision of the Attorney General or the

Illinois Department of State Police, through the Division of

Operations or the Division of Internal Investigation, in the

course of an investigation.

(e) "Documentary material" includes the original or any

copy of any book, record, report, memorandum, paper,

communication, tabulation, chart, or other document, or data

compilations stored in or accessible through computer or other

information retrieval systems, together with instructions and

all other materials necessary to use or interpret such data

compilations, and any product of discovery.

(f) "Custodian" means the custodian, or any deputy

custodian, designated by the Attorney General under subsection

(i)(1) of Section 6.

(g) "Product of discovery" includes:

(1) the original or duplicate of any deposition,

interrogatory, document, thing, result of the inspection

of land or other property, examination, or admission,

which is obtained by any method of discovery in any

judicial or administrative proceeding of an adversarial

nature;

(2) any digest, analysis, selection, compilation, or

derivation of any item listed in paragraph (1); and

(3) any index or other manner of access to any item

listed in paragraph (1).

(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)

(740 ILCS 175/4) (from Ch. 127, par. 4104)

Sec. 4. Civil actions for false claims.

(a) Responsibilities of the Attorney General and the

Illinois Department of State Police. The Attorney General or

the Illinois Department of State Police shall diligently

investigate a civil violation under Section 3. If the Attorney

General finds that a person violated or is violating Section

3, the Attorney General may bring a civil action under this

Section against the person.

The State shall receive an amount for reasonable expenses

that the court finds to have been necessarily incurred by the

Attorney General, including reasonable attorneys' fees and

costs. All such expenses, fees, and costs shall be awarded

against the defendant. The court may award amounts from the

proceeds of an action or settlement that it considers

appropriate to any governmental entity or program that has

been adversely affected by a defendant. The Attorney General,

if necessary, shall direct the State Treasurer to make a

disbursement of funds as provided in court orders or

settlement agreements.

(b) Actions by private persons.

(1) A person may bring a civil action for a violation

of Section 3 for the person and for the State. The action

shall be brought in the name of the State. The action may

be dismissed only if the court and the Attorney General

give written consent to the dismissal and their reasons

for consenting.

(2) A copy of the complaint and written disclosure of

substantially all material evidence and information the

person possesses shall be served on the State. The

complaint shall be filed in camera, shall remain under

seal for at least 60 days, and shall not be served on the

defendant until the court so orders. The State may elect

to intervene and proceed with the action within 60 days

after it receives both the complaint and the material

evidence and information.

(3) The State may, for good cause shown, move the

court for extensions of the time during which the

complaint remains under seal under paragraph (2). Any such

motions may be supported by affidavits or other

submissions in camera. The defendant shall not be required

to respond to any complaint filed under this Section until

20 days after the complaint is unsealed and served upon

the defendant.

(4) Before the expiration of the 60-day period or any

extensions obtained under paragraph (3), the State shall:

(A) proceed with the action, in which case the

action shall be conducted by the State; or

(B) notify the court that it declines to take over

the action, in which case the person bringing the

action shall have the right to conduct the action.

(5) When a person brings an action under this

subsection (b), no person other than the State may

intervene or bring a related action based on the facts

underlying the pending action.

(c) Rights of the parties to Qui Tam actions.

(1) If the State proceeds with the action, it shall

have the primary responsibility for prosecuting the

action, and shall not be bound by an act of the person

bringing the action. Such person shall have the right to

continue as a party to the action, subject to the

limitations set forth in paragraph (2).

(2)(A) The State may dismiss the action

notwithstanding the objections of the person initiating

the action if the person has been notified by the State of

the filing of the motion and the court has provided the

person with an opportunity for a hearing on the motion.

(B) The State may settle the action with the defendant

notwithstanding the objections of the person initiating

the action if the court determines, after a hearing, that

the proposed settlement is fair, adequate, and reasonable

under all the circumstances. Upon a showing of good cause,

such hearing may be held in camera.

(C) Upon a showing by the State that unrestricted

participation during the course of the litigation by the

person initiating the action would interfere with or

unduly delay the State's prosecution of the case, or would

be repetitious, irrelevant, or for purposes of harassment,

the court may, in its discretion, impose limitations on

the person's participation, such as:

(i) limiting the number of witnesses the person

may call:

(ii) limiting the length of the testimony of such

witnesses;

(iii) limiting the person's cross-examination of

witnesses; or

(iv) otherwise limiting the participation by the

person in the litigation.

(D) Upon a showing by the defendant that unrestricted

participation during the course of the litigation by the

person initiating the action would be for purposes of

harassment or would cause the defendant undue burden or

unnecessary expense, the court may limit the participation

by the person in the litigation.

(3) If the State elects not to proceed with the

action, the person who initiated the action shall have the

right to conduct the action. If the State so requests, it

shall be served with copies of all pleadings filed in the

action and shall be supplied with copies of all deposition

transcripts (at the State's expense). When a person

proceeds with the action, the court, without limiting the

status and rights of the person initiating the action, may

nevertheless permit the State to intervene at a later date

upon a showing of good cause.

(4) Whether or not the State proceeds with the action,

upon a showing by the State that certain actions of

discovery by the person initiating the action would

interfere with the State's investigation or prosecution of

a criminal or civil matter arising out of the same facts,

the court may stay such discovery for a period of not more

than 60 days. Such a showing shall be conducted in camera.

The court may extend the 60-day period upon a further

showing in camera that the State has pursued the criminal

or civil investigation or proceedings with reasonable

diligence and any proposed discovery in the civil action

will interfere with the ongoing criminal or civil

investigation or proceedings.

(5) Notwithstanding subsection (b), the State may

elect to pursue its claim through any alternate remedy

available to the State, including any administrative

proceeding to determine a civil money penalty. If any such

alternate remedy is pursued in another proceeding, the

person initiating the action shall have the same rights in

such proceeding as such person would have had if the

action had continued under this Section. Any finding of

fact or conclusion of law made in such other proceeding

that has become final shall be conclusive on all parties

to an action under this Section. For purposes of the

preceding sentence, a finding or conclusion is final if it

has been finally determined on appeal to the appropriate

court, if all time for filing such an appeal with respect

to the finding or conclusion has expired, or if the

finding or conclusion is not subject to judicial review.

(d) Award to Qui Tam plaintiff.

(1) If the State proceeds with an action brought by a

person under subsection (b), such person shall, subject to

the second sentence of this paragraph, receive at least

15% but not more than 25% of the proceeds of the action or

settlement of the claim, depending upon the extent to

which the person substantially contributed to the

prosecution of the action. Where the action is one which

the court finds to be based primarily on disclosures of

specific information (other than information provided by

the person bringing the action) relating to allegations or

transactions in a criminal, civil, or administrative

hearing, in a legislative, administrative, or Auditor

General's report, hearing, audit, or investigation, or

from the news media, the court may award such sums as it

considers appropriate, but in no case more than 10% of the

proceeds, taking into account the significance of the

information and the role of the person bringing the action

in advancing the case to litigation. Any payment to a

person under the first or second sentence of this

paragraph (1) shall be made from the proceeds. Any such

person shall also receive an amount for reasonable

expenses which the court finds to have been necessarily

incurred, plus reasonable attorneys' fees and costs. The

State shall also receive an amount for reasonable expenses

which the court finds to have been necessarily incurred by

the Attorney General, including reasonable attorneys' fees

and costs. All such expenses, fees, and costs shall be

awarded against the defendant. The court may award amounts

from the proceeds of an action or settlement that it

considers appropriate to any governmental entity or

program that has been adversely affected by a defendant.

The Attorney General, if necessary, shall direct the State

Treasurer to make a disbursement of funds as provided in

court orders or settlement agreements.

(2) If the State does not proceed with an action under

this Section, the person bringing the action or settling

the claim shall receive an amount which the court decides

is reasonable for collecting the civil penalty and

damages. The amount shall be not less than 25% and not more

than 30% of the proceeds of the action or settlement and

shall be paid out of such proceeds. Such person shall also

receive an amount for reasonable expenses which the court

finds to have been necessarily incurred, plus reasonable

attorneys' fees and costs. All such expenses, fees, and

costs shall be awarded against the defendant. The court

may award amounts from the proceeds of an action or

settlement that it considers appropriate to any

governmental entity or program that has been adversely

affected by a defendant. The Attorney General, if

necessary, shall direct the State Treasurer to make a

disbursement of funds as provided in court orders or

settlement agreements.

(3) Whether or not the State proceeds with the action,

if the court finds that the action was brought by a person

who planned and initiated the violation of Section 3 upon

which the action was brought, then the court may, to the

extent the court considers appropriate, reduce the share

of the proceeds of the action which the person would

otherwise receive under paragraph (1) or (2) of this

subsection (d), taking into account the role of that

person in advancing the case to litigation and any

relevant circumstances pertaining to the violation. If the

person bringing the action is convicted of criminal

conduct arising from his or her role in the violation of

Section 3, that person shall be dismissed from the civil

action and shall not receive any share of the proceeds of

the action. Such dismissal shall not prejudice the right

of the State to continue the action, represented by the

Attorney General.

(4) If the State does not proceed with the action and

the person bringing the action conducts the action, the

court may award to the defendant its reasonable attorneys'

fees and expenses if the defendant prevails in the action

and the court finds that the claim of the person bringing

the action was clearly frivolous, clearly vexatious, or

brought primarily for purposes of harassment.

(e) Certain actions barred.

(1) No court shall have jurisdiction over an action

brought by a former or present member of the Guard under

subsection (b) of this Section against a member of the

Guard arising out of such person's service in the Guard.

(2)(A) No court shall have jurisdiction over an action

brought under subsection (b) against a member of the

General Assembly, a member of the judiciary, or an exempt

official if the action is based on evidence or information

known to the State when the action was brought.

(B) For purposes of this paragraph (2), "exempt

official" means any of the following officials in State

service: directors of departments established under the

Civil Administrative Code of Illinois, the Adjutant

General, the Assistant Adjutant General, the Director of

the State Emergency Services and Disaster Agency, members

of the boards and commissions, and all other positions

appointed by the Governor by and with the consent of the

Senate.

(3) In no event may a person bring an action under

subsection (b) which is based upon allegations or

transactions which are the subject of a civil suit or an

administrative civil money penalty proceeding in which the

State is already a party.

(4)(A) The court shall dismiss an action or claim

under this Section, unless opposed by the State, if

substantially the same allegations or transactions as

alleged in the action or claim were publicly disclosed:

(i) in a criminal, civil, or administrative

hearing in which the State or its agent is a party;

(ii) in a State legislative, State Auditor

General, or other State report, hearing, audit, or

investigation; or

(iii) from the news media,

unless the action is brought by the Attorney General or

the person bringing the action is an original source of

the information.

(B) For purposes of this paragraph (4), "original

source" means an individual who either (i) prior to a

public disclosure under subparagraph (A) of this paragraph

(4), has voluntarily disclosed to the State the

information on which allegations or transactions in a

claim are based, or (ii) has knowledge that is independent

of and materially adds to the publicly disclosed

allegations or transactions, and who has voluntarily

provided the information to the State before filing an

action under this Section.

(f) State not liable for certain expenses. The State is

not liable for expenses which a person incurs in bringing an

action under this Section.

(g) Relief from retaliatory actions.

(1) In general, any employee, contractor, or agent

shall be entitled to all relief necessary to make that

employee, contractor, or agent whole, if that employee,

contractor, or agent is discharged, demoted, suspended,

threatened, harassed, or in any other manner discriminated

against in the terms and conditions of employment because

of lawful acts done by the employee, contractor, agent, or

associated others in furtherance of an action under this

Section or other efforts to stop one or more violations of

this Act.

(2) Relief under paragraph (1) shall include

reinstatement with the same seniority status that the

employee, contractor, or agent would have had but for the

discrimination, 2 times the amount of back pay, interest

on the back pay, and compensation for any special damages

sustained as a result of the discrimination, including

litigation costs and reasonable attorneys' fees. An action

under this subsection (g) may be brought in the

appropriate circuit court for the relief provided in this

subsection (g).

(3) A civil action under this subsection may not be

brought more than 3 years after the date when the

retaliation occurred.

(Source: P.A. 96-1304, eff. 7-27-10; 97-978, eff. 8-17-12.)

Section 1125. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Section 607.5 as follows:

(750 ILCS 5/607.5)

Sec. 607.5. Abuse of allocated parenting time.

(a) The court shall provide an expedited procedure for the

enforcement of allocated parenting time.

(b) An action for the enforcement of allocated parenting

time may be commenced by a parent or a person appointed under

Section 506 by filing a petition setting forth: (i) the

petitioner's name and residence address or mailing address,

except that if the petition states that disclosure of

petitioner's address would risk abuse of petitioner or any

member of petitioner's family or household or reveal the

confidential address of a shelter for domestic violence

victims, that address may be omitted from the petition; (ii)

the respondent's name and place of residence, place of

employment, or mailing address; (iii) the terms of the

parenting plan or allocation judgment then in effect; (iv) the

nature of the violation of the allocation of parenting time,

giving dates and other relevant information; and (v) that a

reasonable attempt was made to resolve the dispute.

(c) If the court finds by a preponderance of the evidence

that a parent has not complied with allocated parenting time

according to an approved parenting plan or a court order, the

court, in the child's best interests, shall issue an order

that may include one or more of the following:

(1) an imposition of additional terms and conditions

consistent with the court's previous allocation of

parenting time or other order;

(2) a requirement that either or both of the parties

attend a parental education program at the expense of the

non-complying parent;

(3) upon consideration of all relevant factors,

particularly a history or possibility of domestic

violence, a requirement that the parties participate in

family or individual counseling, the expense of which

shall be allocated by the court; if counseling is ordered,

all counseling sessions shall be confidential, and the

communications in counseling shall not be used in any

manner in litigation nor relied upon by an expert

appointed by the court or retained by any party;

(4) a requirement that the non-complying parent post a

cash bond or other security to ensure future compliance,

including a provision that the bond or other security may

be forfeited to the other parent for payment of expenses

on behalf of the child as the court shall direct;

(5) a requirement that makeup parenting time be

provided for the aggrieved parent or child under the

following conditions:

(A) that the parenting time is of the same type and

duration as the parenting time that was denied,

including but not limited to parenting time during

weekends, on holidays, and on weekdays and during

times when the child is not in school;

(B) that the parenting time is made up within 6

months after the noncompliance occurs, unless the

period of time or holiday cannot be made up within 6

months, in which case the parenting time shall be made

up within one year after the noncompliance occurs;

(6) a finding that the non-complying parent is in

contempt of court;

(7) an imposition on the non-complying parent of an

appropriate civil fine per incident of denied parenting

time;

(8) a requirement that the non-complying parent

reimburse the other parent for all reasonable expenses

incurred as a result of the violation of the parenting

plan or court order; and

(9) any other provision that may promote the child's

best interests.

(d) In addition to any other order entered under

subsection (c), except for good cause shown, the court shall

order a parent who has failed to provide allocated parenting

time or to exercise allocated parenting time to pay the

aggrieved party his or her reasonable attorney's fees, court

costs, and expenses associated with an action brought under

this Section. If the court finds that the respondent in an

action brought under this Section has not violated the

allocated parenting time, the court may order the petitioner

to pay the respondent's reasonable attorney's fees, court

costs, and expenses incurred in the action.

(e) Nothing in this Section precludes a party from

maintaining any other action as provided by law.

(f) When the court issues an order holding a party in

contempt for violation of a parenting time order and finds

that the party engaged in parenting time abuse, the court may

order one or more of the following:

(1) Suspension of a party's Illinois driving

privileges pursuant to Section 7-703 of the Illinois

Vehicle Code until the court determines that the party is

in compliance with the parenting time order. The court may

also order that a party be issued a family financial

responsibility driving permit that would allow limited

driving privileges for employment, for medical purposes,

and to transport a child to or from scheduled parenting

time in order to comply with a parenting time order in

accordance with subsection (a-1) of Section 7-702.1 of the

Illinois Vehicle Code.

(2) Placement of a party on probation with such

conditions of probation as the court deems advisable.

(3) Sentencing of a party to periodic imprisonment for

a period not to exceed 6 months; provided, that the court

may permit the party to be released for periods of time

during the day or night to:

(A) work; or

(B) conduct a business or other self-employed

occupation.

(4) Find that a party in engaging in parenting time

abuse is guilty of a petty offense and should be fined an

amount of no more than $500 for each finding of parenting

time abuse.

(g) When the court issues an order holding a party in

contempt of court for violation of a parenting order, the

clerk shall transmit a copy of the contempt order to the

sheriff of the county. The sheriff shall furnish a copy of each

contempt order to the Illinois Department of State Police on a

daily basis in the form and manner required by the Department.

The Department shall maintain a complete record and index of

the contempt orders and make this data available to all local

law enforcement agencies.

(h) Nothing contained in this Section shall be construed

to limit the court's contempt power.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)

Section 1130. The Adoption Act is amended by changing

Section 6 as follows:

(750 ILCS 50/6) (from Ch. 40, par. 1508)

Sec. 6. A. Investigation; all cases. Within 10 days after

the filing of a petition for the adoption or standby adoption

of a child other than a related child, the court shall appoint

a child welfare agency approved by the Department of Children

and Family Services, or a person deemed competent by the

court, or in Cook County the Court Services Division of the

Cook County Department of Public Aid, or the Department of

Children and Family Services if the court determines that no

child welfare agency is available or that the petitioner is

financially unable to pay for the investigation, to

investigate accurately, fully and promptly, the allegations

contained in the petition; the character, reputation, health

and general standing in the community of the petitioners; the

religious faith of the petitioners and, if ascertainable, of

the child sought to be adopted; and whether the petitioners

are proper persons to adopt the child and whether the child is

a proper subject of adoption. The investigation required under

this Section shall include a fingerprint based criminal

background check with a review of fingerprints by the Illinois

State Police and Federal Bureau of Investigation. Each

petitioner subject to this investigation, shall submit his or

her fingerprints to the Illinois Department of State Police in

the form and manner prescribed by the Illinois Department of

State Police. These fingerprints shall be checked against the

fingerprint records now and hereafter filed in the Illinois

Department of State Police and Federal Bureau of Investigation

criminal history records databases. The Illinois Department of

State Police shall charge a fee for conducting the criminal

history records check, which shall be deposited in the State

Police Services Fund and shall not exceed the actual cost of

the records check. The criminal background check required by

this Section shall include a listing of when, where and by whom

the criminal background check was prepared. The criminal

background check required by this Section shall not be more

than two years old.

Neither a clerk of the circuit court nor a judge may

require that a criminal background check or fingerprint review

be filed with, or at the same time as, an initial petition for

adoption.

B. Investigation; foreign-born child. In the case of a

child born outside the United States or a territory thereof,

in addition to the investigation required under subsection (A)

of this Section, a post-placement investigation shall be

conducted in accordance with the requirements of the Child

Care Act of 1969, the Interstate Compact on the Placement of

Children, and the Intercountry Adoption Act of 2000.

The requirements of a post-placement investigation shall

be deemed to have been satisfied if a valid final order or

judgment of adoption has been entered by a court of competent

jurisdiction in a country other than the United States or a

territory thereof with respect to such child and the

petitioners.

C. Report of investigation. The court shall determine

whether the costs of the investigation shall be charged to the

petitioners. The information obtained as a result of such

investigation shall be presented to the court in a written

report. The results of the criminal background check required

under subsection (A) shall be provided to the court for its

review. The court may, in its discretion, weigh the

significance of the results of the criminal background check

against the entirety of the background of the petitioners. The

Court, in its discretion, may accept the report of the

investigation previously made by a licensed child welfare

agency, if made within one year prior to the entry of the

judgment. Such report shall be treated as confidential and

withheld from inspection unless findings adverse to the

petitioners or to the child sought to be adopted are contained

therein, and in that event the court shall inform the

petitioners of the relevant portions pertaining to the adverse

findings. In no event shall any facts set forth in the report

be considered at the hearing of the proceeding, unless

established by competent evidence. The report shall be filed

with the record of the proceeding. If the file relating to the

proceeding is not impounded, the report shall be impounded by

the clerk of the court and shall be made available for

inspection only upon order of the court.

D. Related adoption. Such investigation shall not be made

when the petition seeks to adopt a related child or an adult

unless the court, in its discretion, shall so order. In such an

event the court may appoint a person deemed competent by the

court.

(Source: P.A. 98-455, eff. 1-1-14.)

Section 1135. The Illinois Domestic Violence Act of 1986

is amended by changing Sections 214, 217, 220, 222, 222.5, and

302 as follows:

(750 ILCS 60/214) (from Ch. 40, par. 2312-14)

Sec. 214. Order of protection; remedies.

(a) Issuance of order. If the court finds that petitioner

has been abused by a family or household member or that

petitioner is a high-risk adult who has been abused,

neglected, or exploited, as defined in this Act, an order of

protection prohibiting the abuse, neglect, or exploitation

shall issue; provided that petitioner must also satisfy the

requirements of one of the following Sections, as appropriate:

Section 217 on emergency orders, Section 218 on interim

orders, or Section 219 on plenary orders. Petitioner shall not

be denied an order of protection because petitioner or

respondent is a minor. The court, when determining whether or

not to issue an order of protection, shall not require

physical manifestations of abuse on the person of the victim.

Modification and extension of prior orders of protection shall

be in accordance with this Act.

(b) Remedies and standards. The remedies to be included in

an order of protection shall be determined in accordance with

this Section and one of the following Sections, as

appropriate: Section 217 on emergency orders, Section 218 on

interim orders, and Section 219 on plenary orders. The

remedies listed in this subsection shall be in addition to

other civil or criminal remedies available to petitioner.

(1) Prohibition of abuse, neglect, or exploitation.

Prohibit respondent's harassment, interference with

personal liberty, intimidation of a dependent, physical

abuse, or willful deprivation, neglect or exploitation, as

defined in this Act, or stalking of the petitioner, as

defined in Section 12-7.3 of the Criminal Code of 2012, if

such abuse, neglect, exploitation, or stalking has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in subsection (c-2) of

Section 501 of the Illinois Marriage and Dissolution of

Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i)

the hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other

person protected by the order of protection, or prohibit

respondent from entering or remaining present at

petitioner's school, place of employment, or other

specified places at times when petitioner is present, or

both, if reasonable, given the balance of hardships.

Hardships need not be balanced for the court to enter a

stay away order or prohibit entry if respondent has no

right to enter the premises.

(A) If an order of protection grants petitioner

exclusive possession of the residence, or prohibits

respondent from entering the residence, or orders

respondent to stay away from petitioner or other

protected persons, then the court may allow respondent

access to the residence to remove items of clothing

and personal adornment used exclusively by respondent,

medications, and other items as the court directs. The

right to access shall be exercised on only one

occasion as the court directs and in the presence of an

agreed-upon adult third party or law enforcement

officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing an

order of protection and providing relief shall

consider the severity of the act, any continuing

physical danger or emotional distress to the

petitioner, the educational rights guaranteed to the

petitioner and respondent under federal and State law,

the availability of a transfer of the respondent to

another school, a change of placement or a change of

program of the respondent, the expense, difficulty,

and educational disruption that would be caused by a

transfer of the respondent to another school, and any

other relevant facts of the case. The court may order

that the respondent not attend the public, private, or

non-public elementary, middle, or high school attended

by the petitioner, order that the respondent accept a

change of placement or change of program, as

determined by the school district or private or

non-public school, or place restrictions on the

respondent's movements within the school attended by

the petitioner. The respondent bears the burden of

proving by a preponderance of the evidence that a

transfer, change of placement, or change of program of

the respondent is not available. The respondent also

bears the burden of production with respect to the

expense, difficulty, and educational disruption that

would be caused by a transfer of the respondent to

another school. A transfer, change of placement, or

change of program is not unavailable to the respondent

solely on the ground that the respondent does not

agree with the school district's or private or

non-public school's transfer, change of placement, or

change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a

transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to

another attendance center within the respondent's

school district or private or non-public school, the

school district or private or non-public school shall

have sole discretion to determine the attendance

center to which the respondent is transferred. In the

event the court order results in a transfer of the

minor respondent to another attendance center, a

change in the respondent's placement, or a change of

the respondent's program, the parents, guardian, or

legal custodian of the respondent is responsible for

transportation and other costs associated with the

transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. In

the event the court orders a transfer of the

respondent to another school, the parents, guardian,

or legal custodian of the respondent is responsible

for transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist,

psychiatrist, family service agency, alcohol or substance

abuse program, mental health center guidance counselor,

agency providing services to elders, program designed for

domestic violence abusers or any other guidance service

the court deems appropriate. The Court may order the

respondent in any intimate partner relationship to report

to an Illinois Department of Human Services protocol

approved partner abuse intervention program for an

assessment and to follow all recommended treatment.

(5) Physical care and possession of the minor child.

In order to protect the minor child from abuse, neglect,

or unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding physical care to respondent would not be in the

minor child's best interest.

(6) Temporary allocation of parental responsibilities:

significant decision-making. Award temporary

decision-making responsibility to petitioner in accordance

with this Section, the Illinois Marriage and Dissolution

of Marriage Act, the Illinois Parentage Act of 2015, and

this State's Uniform Child-Custody Jurisdiction and

Enforcement Act.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding temporary significant decision-making

responsibility to respondent would not be in the child's

best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or allocates temporary significant

decision-making responsibility of a minor child to

petitioner. The court shall restrict or deny respondent's

parenting time with a minor child if the court finds that

respondent has done or is likely to do any of the

following: (i) abuse or endanger the minor child during

parenting time; (ii) use the parenting time as an

opportunity to abuse or harass petitioner or petitioner's

family or household members; (iii) improperly conceal or

detain the minor child; or (iv) otherwise act in a manner

that is not in the best interests of the minor child. The

court shall not be limited by the standards set forth in

Section 603.10 of the Illinois Marriage and Dissolution of

Marriage Act. If the court grants parenting time, the

order shall specify dates and times for the parenting time

to take place or other specific parameters or conditions

that are appropriate. No order for parenting time shall

refer merely to the term "reasonable parenting time".

Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

respondent is under the influence of drugs or alcohol and

constitutes a threat to the safety and well-being of

petitioner or petitioner's minor children or is behaving

in a violent or abusive manner.

If necessary to protect any member of petitioner's

family or household from future abuse, respondent shall be

prohibited from coming to petitioner's residence to meet

the minor child for parenting time, and the parties shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time only after filing

an affidavit accepting that responsibility and

acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return

the child to the custody or care of the petitioner or to

permit any court-ordered interview or examination of the

child or the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly; sharing

it would risk abuse of petitioner by respondent or is

impracticable; and the balance of hardships favors

temporary possession by petitioner.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

award petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging or otherwise disposing of any real or personal

property, except as explicitly authorized by the court,

if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly, and the

balance of hardships favors granting this remedy.

If petitioner's sole claim to ownership of the

property is that it is marital property, the court may

grant petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage

Act, which shall govern, among other matters, the amount

of support, payment through the clerk and withholding of

income to secure payment. An order for child support may

be granted to a petitioner with lawful physical care of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating the petitioner's

significant decision-making authority, unless otherwise

provided in the order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse, neglect, or exploitation. Such losses shall

include, but not be limited to, medical expenses, lost

earnings or other support, repair or replacement of

property damaged or taken, reasonable attorney's fees,

court costs and moving or other travel expenses, including

additional reasonable expenses for temporary shelter and

restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including but not

limited to legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and

well-being of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(a) Prohibit a respondent against whom an order of

protection was issued from possessing any firearms

during the duration of the order if the order:

(1) was issued after a hearing of which such

person received actual notice, and at which such

person had an opportunity to participate;

(2) restrains such person from harassing,

stalking, or threatening an intimate partner of

such person or child of such intimate partner or

person, or engaging in other conduct that would

place an intimate partner in reasonable fear of

bodily injury to the partner or child; and

(3)(i) includes a finding that such person

represents a credible threat to the physical

safety of such intimate partner or child; or (ii)

by its terms explicitly prohibits the use,

attempted use, or threatened use of physical force

against such intimate partner or child that would

reasonably be expected to cause bodily injury.

Any Firearm Owner's Identification Card in the

possession of the respondent, except as provided in

subsection (b), shall be ordered by the court to be

turned over to the local law enforcement agency. The

local law enforcement agency shall immediately mail

the card to the Illinois Department of State Police

Firearm Owner's Identification Card Office for

safekeeping. The court shall issue a warrant for

seizure of any firearm in the possession of the

respondent, to be kept by the local law enforcement

agency for safekeeping, except as provided in

subsection (b). The period of safekeeping shall be for

the duration of the order of protection. The firearm

or firearms and Firearm Owner's Identification Card,

if unexpired, shall at the respondent's request, be

returned to the respondent at the end of the order of

protection. It is the respondent's responsibility to

notify the Illinois Department of State Police Firearm

Owner's Identification Card Office.

(b) If the respondent is a peace officer as

defined in Section 2-13 of the Criminal Code of 2012,

the court shall order that any firearms used by the

respondent in the performance of his or her duties as a

peace officer be surrendered to the chief law

enforcement executive of the agency in which the

respondent is employed, who shall retain the firearms

for safekeeping for the duration of the order of

protection.

(c) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned

over to a third party who is lawfully eligible to

possess firearms, and who does not reside with

respondent.

(15) Prohibition of access to records. If an order of

protection prohibits respondent from having contact with

the minor child, or if petitioner's address is omitted

under subsection (b) of Section 203, or if necessary to

prevent abuse or wrongful removal or concealment of a

minor child, the order shall deny respondent access to,

and prohibit respondent from inspecting, obtaining, or

attempting to inspect or obtain, school or any other

records of the minor child who is in the care of

petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse

of a family or household member or further abuse, neglect,

or exploitation of a high-risk adult with disabilities or

to effectuate one of the granted remedies, if supported by

the balance of hardships. If the harm to be prevented by

the injunction is abuse or any other harm that one of the

remedies listed in paragraphs (1) through (16) of this

subsection is designed to prevent, no further evidence is

necessary that the harm is an irreparable injury.

(18) Telephone services.

(A) Unless a condition described in subparagraph

(B) of this paragraph exists, the court may, upon

request by the petitioner, order a wireless telephone

service provider to transfer to the petitioner the

right to continue to use a telephone number or numbers

indicated by the petitioner and the financial

responsibility associated with the number or numbers,

as set forth in subparagraph (C) of this paragraph.

For purposes of this paragraph (18), the term

"wireless telephone service provider" means a provider

of commercial mobile service as defined in 47 U.S.C.

332. The petitioner may request the transfer of each

telephone number that the petitioner, or a minor child

in his or her custody, uses. The clerk of the court

shall serve the order on the wireless telephone

service provider's agent for service of process

provided to the Illinois Commerce Commission. The

order shall contain all of the following:

(i) The name and billing telephone number of

the account holder including the name of the

wireless telephone service provider that serves

the account.

(ii) Each telephone number that will be

transferred.

(iii) A statement that the provider transfers

to the petitioner all financial responsibility for

and right to the use of any telephone number

transferred under this paragraph.

(B) A wireless telephone service provider shall

terminate the respondent's use of, and shall transfer

to the petitioner use of, the telephone number or

numbers indicated in subparagraph (A) of this

paragraph unless it notifies the petitioner, within 72

hours after it receives the order, that one of the

following applies:

(i) The account holder named in the order has

terminated the account.

(ii) A difference in network technology would

prevent or impair the functionality of a device on

a network if the transfer occurs.

(iii) The transfer would cause a geographic or

other limitation on network or service provision

to the petitioner.

(iv) Another technological or operational

issue would prevent or impair the use of the

telephone number if the transfer occurs.

(C) The petitioner assumes all financial

responsibility for and right to the use of any

telephone number transferred under this paragraph. In

this paragraph, "financial responsibility" includes

monthly service costs and costs associated with any

mobile device associated with the number.

(D) A wireless telephone service provider may

apply to the petitioner its routine and customary

requirements for establishing an account or

transferring a number, including requiring the

petitioner to provide proof of identification,

financial information, and customer preferences.

(E) Except for willful or wanton misconduct, a

wireless telephone service provider is immune from

civil liability for its actions taken in compliance

with a court order issued under this paragraph.

(F) All wireless service providers that provide

services to residential customers shall provide to the

Illinois Commerce Commission the name and address of

an agent for service of orders entered under this

paragraph (18). Any change in status of the registered

agent must be reported to the Illinois Commerce

Commission within 30 days of such change.

(G) The Illinois Commerce Commission shall

maintain the list of registered agents for service for

each wireless telephone service provider on the

Commission's website. The Commission may consult with

wireless telephone service providers and the Circuit

Court Clerks on the manner in which this information

is provided and displayed.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including but not limited to the

following:

(i) the nature, frequency, severity, pattern and

consequences of the respondent's past abuse, neglect

or exploitation of the petitioner or any family or

household member, including the concealment of his or

her location in order to evade service of process or

notice, and the likelihood of danger of future abuse,

neglect, or exploitation to petitioner or any member

of petitioner's or respondent's family or household;

and

(ii) the danger that any minor child will be

abused or neglected or improperly relocated from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including but not

limited to the following:

(i) availability, accessibility, cost, safety,

adequacy, location and other characteristics of

alternate housing for each party and any minor child

or dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection, the court shall make its findings

in an official record or in writing, and shall at a minimum

set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2)

of this subsection.

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) For purposes of issuing an ex parte emergency

order of protection, the court, as an alternative to or as

a supplement to making the findings described in

paragraphs (c)(3)(i) through (c)(3)(iii) of this

subsection, may use the following procedure:

When a verified petition for an emergency order of

protection in accordance with the requirements of Sections

203 and 217 is presented to the court, the court shall

examine petitioner on oath or affirmation. An emergency

order of protection shall be issued by the court if it

appears from the contents of the petition and the

examination of petitioner that the averments are

sufficient to indicate abuse by respondent and to support

the granting of relief under the issuance of the emergency

order of protection.

(5) Never married parties. No rights or

responsibilities for a minor child born outside of

marriage attach to a putative father until a father and

child relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1975, the Revised Uniform Reciprocal Enforcement of

Support Act, the Uniform Interstate Family Support Act,

the Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or

territory, any other Illinois statute, or by any foreign

nation establishing the father and child relationship, any

other proceeding substantially in conformity with the

Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Pub. L. 104-193), or where

both parties appeared in open court or at an

administrative hearing acknowledging under oath or

admitting by affirmation the existence of a father and

child relationship. Absent such an adjudication, finding,

or acknowledgment, no putative father shall be granted

temporary allocation of parental responsibilities,

including parenting time with the minor child, or physical

care and possession of the minor child, nor shall an order

of payment for support of the minor child be entered.

(d) Balance of hardships; findings. If the court finds

that the balance of hardships does not support the granting of

a remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will

result in hardship to respondent that would substantially

outweigh the hardship to petitioner from denial of the remedy.

The findings shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) Respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

force provided by Article 7 of the Criminal Code of 2012;

(2) Respondent was voluntarily intoxicated;

(3) Petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

(4) Petitioner did not act in self-defense or defense

of another;

(5) Petitioner left the residence or household to

avoid further abuse, neglect, or exploitation by

respondent;

(6) Petitioner did not leave the residence or

household to avoid further abuse, neglect, or exploitation

by respondent;

(7) Conduct by any family or household member excused

the abuse, neglect, or exploitation by respondent, unless

that same conduct would have excused such abuse, neglect,

or exploitation if the parties had not been family or

household members.

(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;

100-923, eff. 1-1-19.)

(750 ILCS 60/217) (from Ch. 40, par. 2312-17)

Sec. 217. Emergency order of protection.

(a) Prerequisites. An emergency order of protection shall

issue if petitioner satisfies the requirements of this

subsection for one or more of the requested remedies. For each

remedy requested, petitioner shall establish that:

(1) The court has jurisdiction under Section 208;

(2) The requirements of Section 214 are satisfied; and

(3) There is good cause to grant the remedy,

regardless of prior service of process or of notice upon

the respondent, because:

(i) For the remedies of "prohibition of abuse"

described in Section 214(b)(1), "stay away order and

additional prohibitions" described in Section

214(b)(3), "removal or concealment of minor child"

described in Section 214(b)(8), "order to appear"

described in Section 214(b)(9), "physical care and

possession of the minor child" described in Section

214(b)(5), "protection of property" described in

Section 214(b)(11), "prohibition of entry" described

in Section 214(b)(14), "prohibition of firearm

possession" described in Section 214(b)(14.5),

"prohibition of access to records" described in

Section 214(b)(15), and "injunctive relief" described

in Section 214(b)(16), the harm which that remedy is

intended to prevent would be likely to occur if the

respondent were given any prior notice, or greater

notice than was actually given, of the petitioner's

efforts to obtain judicial relief;

(ii) For the remedy of "grant of exclusive

possession of residence" described in Section

214(b)(2), the immediate danger of further abuse of

petitioner by respondent, if petitioner chooses or had

chosen to remain in the residence or household while

respondent was given any prior notice or greater

notice than was actually given of petitioner's efforts

to obtain judicial relief, outweighs the hardships to

respondent of an emergency order granting petitioner

exclusive possession of the residence or household.

This remedy shall not be denied because petitioner has

or could obtain temporary shelter elsewhere while

prior notice is given to respondent, unless the

hardships to respondent from exclusion from the home

substantially outweigh those to petitioner;

(iii) For the remedy of "possession of personal

property" described in Section 214(b)(10), improper

disposition of the personal property would be likely

to occur if respondent were given any prior notice, or

greater notice than was actually given, of

petitioner's efforts to obtain judicial relief, or

petitioner has an immediate and pressing need for

possession of that property.

An emergency order may not include the counseling, legal

custody, payment of support or monetary compensation remedies.

(a-5) When a petition for an emergency order of protection

is granted, the order shall not be publicly available until

the order is served on the respondent.

(b) Appearance by respondent. If respondent appears in

court for this hearing for an emergency order, he or she may

elect to file a general appearance and testify. Any resulting

order may be an emergency order, governed by this Section.

Notwithstanding the requirements of this Section, if all

requirements of Section 218 have been met, the court may issue

a 30-day interim order.

(c) Emergency orders: court holidays and evenings.

(1) Prerequisites. When the court is unavailable at

the close of business, the petitioner may file a petition

for a 21-day emergency order before any available circuit

judge or associate judge who may grant relief under this

Act. If the judge finds that there is an immediate and

present danger of abuse to petitioner and that petitioner

has satisfied the prerequisites set forth in subsection

(a) of Section 217, that judge may issue an emergency

order of protection.

(1.5) Issuance of order. The chief judge of the

circuit court may designate for each county in the circuit

at least one judge to be reasonably available to issue

orally, by telephone, by facsimile, or otherwise, an

emergency order of protection at all times, whether or not

the court is in session.

(2) Certification and transfer. The judge who issued

the order under this Section shall promptly communicate or

convey the order to the sheriff to facilitate the entry of

the order into the Law Enforcement Agencies Data System by

the Illinois Department of State Police pursuant to

Section 302. Any order issued under this Section and any

documentation in support thereof shall be certified on the

next court day to the appropriate court. The clerk of that

court shall immediately assign a case number, file the

petition, order and other documents with the court, and

enter the order of record and file it with the sheriff for

service, in accordance with Section 222. Filing the

petition shall commence proceedings for further relief

under Section 202. Failure to comply with the requirements

of this subsection shall not affect the validity of the

order.

(Source: P.A. 101-255, eff. 1-1-20.)

(750 ILCS 60/220) (from Ch. 40, par. 2312-20)

Sec. 220. Duration and extension of orders.

(a) Duration of emergency and interim orders. Unless

re-opened or extended or voided by entry of an order of greater

duration:

(1) Emergency orders issued under Section 217 shall be

effective for not less than 14 nor more than 21 days;

(2) Interim orders shall be effective for up to 30

days.

(b) Duration of plenary orders.

(0.05) A plenary order of protection entered under

this Act shall be valid for a fixed period of time, not to

exceed two years.

(1) A plenary order of protection entered in

conjunction with another civil proceeding shall remain in

effect as follows:

(i) if entered as preliminary relief in that other

proceeding, until entry of final judgment in that

other proceeding;

(ii) if incorporated into the final judgment in

that other proceeding, until the order of protection

is vacated or modified; or

(iii) if incorporated in an order for involuntary

commitment, until termination of both the involuntary

commitment and any voluntary commitment, or for a

fixed period of time not exceeding 2 years.

(2) Duration of an order of protection entered in

conjunction with a criminal prosecution or delinquency

petition shall remain in effect as provided in Section

112A-20 of the Code of Criminal Procedure of 1963.

(c) Computation of time. The duration of an order of

protection shall not be reduced by the duration of any prior

order of protection.

(d) Law enforcement records. When a plenary order of

protection expires upon the occurrence of a specified event,

rather than upon a specified date as provided in subsection

(b), no expiration date shall be entered in Illinois

Department of State Police records. To remove the plenary

order from those records, either party shall request the clerk

of the court to file a certified copy of an order stating that

the specified event has occurred or that the plenary order has

been vacated or modified with the Sheriff, and the Sheriff

shall direct that law enforcement records shall be promptly

corrected in accordance with the filed order.

(e) Extension of orders. Any emergency, interim or plenary

order may be extended one or more times, as required, provided

that the requirements of Section 217, 218 or 219, as

appropriate, are satisfied. If the motion for extension is

uncontested and petitioner seeks no modification of the order,

the order may be extended on the basis of petitioner's motion

or affidavit stating that there has been no material change in

relevant circumstances since entry of the order and stating

the reason for the requested extension. An extension of a

plenary order of protection may be granted, upon good cause

shown, to remain in effect until the order of protection is

vacated or modified. Extensions may be granted only in open

court and not under the provisions of subsection (c) of

Section 217, which applies only when the court is unavailable

at the close of business or on a court holiday.

(f) Termination date. Any order of protection which would

expire on a court holiday shall instead expire at the close of

the next court business day.

(g) Statement of purpose. The practice of dismissing or

suspending a criminal prosecution in exchange for the issuance

of an order of protection undermines the purposes of this Act.

This Section shall not be construed as encouraging that

practice.

(Source: P.A. 100-199, eff. 1-1-18.)

(750 ILCS 60/222) (from Ch. 40, par. 2312-22)

Sec. 222. Notice of orders.

(a) Entry and issuance. Upon issuance of any order of

protection, the clerk shall immediately (i) enter the order on

the record and file it in accordance with the circuit court

procedures and (ii) provide a file stamped copy of the order to

respondent, if present, and to petitioner.

(b) Filing with sheriff. The clerk of the issuing judge

shall, or the petitioner may, on the same day that an order of

protection is issued, file a certified copy of that order with

the sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records or

charged with serving the order upon respondent. If the

respondent, at the time of the issuance of the order, is

committed to the custody of the Illinois Department of

Corrections or Illinois Department of Juvenile Justice or is

on parole, aftercare release, or mandatory supervised release,

the sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records shall

notify the Department of Corrections or Department of Juvenile

Justice within 48 hours of receipt of a copy of the order of

protection from the clerk of the issuing judge or the

petitioner. Such notice shall include the name of the

respondent, the respondent's IDOC inmate number or IDJJ youth

identification number, the respondent's date of birth, and the

LEADS Record Index Number.

(c) Service by sheriff. Unless respondent was present in

court when the order was issued, the sheriff, other law

enforcement official or special process server shall promptly

serve that order upon respondent and file proof of such

service, in the manner provided for service of process in

civil proceedings. Instead of serving the order upon the

respondent, however, the sheriff, other law enforcement

official, special process server, or other persons defined in

Section 222.10 may serve the respondent with a short form

notification as provided in Section 222.10. If process has not

yet been served upon the respondent, it shall be served with

the order or short form notification if such service is made by

the sheriff, other law enforcement official, or special

process server. A single fee may be charged for service of an

order obtained in civil court, or for service of such an order

together with process, unless waived or deferred under Section

210.

(c-5) If the person against whom the order of protection

is issued is arrested and the written order is issued in

accordance with subsection (c) of Section 217 and received by

the custodial law enforcement agency before the respondent or

arrestee is released from custody, the custodial law

enforcement agent shall promptly serve the order upon the

respondent or arrestee before the respondent or arrestee is

released from custody. In no event shall detention of the

respondent or arrestee be extended for hearing on the petition

for order of protection or receipt of the order issued under

Section 217 of this Act.

(d) Extensions, modifications and revocations. Any order

extending, modifying or revoking any order of protection shall

be promptly recorded, issued and served as provided in this

Section.

(e) Notice to schools. Upon the request of the petitioner,

within 24 hours of the issuance of an order of protection, the

clerk of the issuing judge shall send a certified copy of the

order of protection to the day-care facility, pre-school or

pre-kindergarten, or private school or the principal office of

the public school district or any college or university in

which any child who is a protected person under the order of

protection or any child of the petitioner is enrolled as

requested by the petitioner at the mailing address provided by

the petitioner. If the child transfers enrollment to another

day-care facility, pre-school, pre-kindergarten, private

school, public school, college, or university, the petitioner

may, within 24 hours of the transfer, send to the clerk written

notice of the transfer, including the name and address of the

institution to which the child is transferring. Within 24

hours of receipt of notice from the petitioner that a child is

transferring to another day-care facility, pre-school,

pre-kindergarten, private school, public school, college, or

university, the clerk shall send a certified copy of the order

to the institution to which the child is transferring.

(f) Disclosure by schools. After receiving a certified

copy of an order of protection that prohibits a respondent's

access to records, neither a day-care facility, pre-school,

pre-kindergarten, public or private school, college, or

university nor its employees shall allow a respondent access

to a protected child's records or release information in those

records to the respondent. The school shall file the copy of

the order of protection in the records of a child who is a

protected person under the order of protection. When a child

who is a protected person under the order of protection

transfers to another day-care facility, pre-school,

pre-kindergarten, public or private school, college, or

university, the institution from which the child is

transferring may, at the request of the petitioner, provide,

within 24 hours of the transfer, written notice of the order of

protection, along with a certified copy of the order, to the

institution to which the child is transferring.

(g) Notice to health care facilities and health care

practitioners. Upon the request of the petitioner, the clerk

of the circuit court shall send a certified copy of the order

of protection to any specified health care facility or health

care practitioner requested by the petitioner at the mailing

address provided by the petitioner.

(h) Disclosure by health care facilities and health care

practitioners. After receiving a certified copy of an order of

protection that prohibits a respondent's access to records, no

health care facility or health care practitioner shall allow a

respondent access to the records of any child who is a

protected person under the order of protection, or release

information in those records to the respondent, unless the

order has expired or the respondent shows a certified copy of

the court order vacating the corresponding order of protection

that was sent to the health care facility or practitioner.

Nothing in this Section shall be construed to require health

care facilities or health care practitioners to alter

procedures related to billing and payment. The health care

facility or health care practitioner may file the copy of the

order of protection in the records of a child who is a

protected person under the order of protection, or may employ

any other method to identify the records to which a respondent

is prohibited access. No health care facility or health care

practitioner shall be civilly or professionally liable for

reliance on a copy of an order of protection, except for

willful and wanton misconduct.

(Source: P.A. 101-508, eff. 1-1-20.)

(750 ILCS 60/222.5)

Sec. 222.5. Filing of an order of protection issued in

another state.

(a) A person entitled to protection under an order of

protection issued by the court of another state, tribe, or

United States territory may file a certified copy of the order

of protection with the clerk of the court in a judicial circuit

in which the person believes that enforcement may be

necessary.

(b) The clerk shall:

(1) treat the foreign order of protection in the same

manner as a judgment of the circuit court for any county of

this State in accordance with the provisions of the

Uniform Enforcement of Foreign Judgments Act, except that

the clerk shall not mail notice of the filing of the

foreign order to the respondent named in the order; and

(2) on the same day that a foreign order of protection

is filed, file a certified copy of that order with the

sheriff or other law enforcement officials charged with

maintaining Illinois Department of State Police records as

set forth in Section 222 of this Act.

(c) Neither residence in this State nor filing of a

foreign order of protection shall be required for enforcement

of the order by this State. Failure to file the foreign order

shall not be an impediment to its treatment in all respects as

an Illinois order of protection.

(d) The clerk shall not charge a fee to file a foreign

order of protection under this Section.

(e) The sheriff shall inform the Illinois Department of

State Police as set forth in Section 302 of this Act.

(Source: P.A. 91-903, eff. 1-1-01.)

(750 ILCS 60/302) (from Ch. 40, par. 2313-2)

Sec. 302. Data maintenance by law enforcement agencies.

(a) All sheriffs shall furnish to the Illinois Department

of State Police, on the same day as received, in the form and

detail the Department requires, copies of any recorded

emergency, interim, or plenary orders of protection issued by

the court, and any foreign orders of protection filed by the

clerk of the court, and transmitted to the sheriff by the clerk

of the court pursuant to subsection (b) of Section 222 of this

Act. Each order of protection shall be entered in the Law

Enforcement Agencies Data System on the same day it is issued

by the court. If an emergency order of protection was issued in

accordance with subsection (c) of Section 217, the order shall

be entered in the Law Enforcement Agencies Data System as soon

as possible after receipt from the clerk.

(b) The Illinois Department of State Police shall maintain

a complete and systematic record and index of all valid and

recorded orders of protection issued pursuant to this Act. The

data shall be used to inform all dispatchers and law

enforcement officers at the scene of an alleged incident of

abuse, neglect, or exploitation or violation of an order of

protection of any recorded prior incident of abuse, neglect,

or exploitation involving the abused, neglected, or exploited

party and the effective dates and terms of any recorded order

of protection.

(c) The data, records and transmittals required under this

Section shall pertain to any valid emergency, interim or

plenary order of protection, whether issued in a civil or

criminal proceeding or authorized under the laws of another

state, tribe, or United States territory.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 1140. The Probate Act of 1975 is amended by

changing Sections 2-6.6 and 11a-24 as follows:

(755 ILCS 5/2-6.6)

Sec. 2-6.6. Person convicted of or found civilly liable

for certain offenses against the elderly or a person with a

disability.

(a) A person who is convicted of a violation of Section

12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012 or a person who has been found by a preponderance

of the evidence to be civilly liable for financial

exploitation, as defined in subsection (a) of Section 2-6.2 of

this Act, may not receive any property, benefit, or other

interest by reason of the death of the victim of that offense,

whether as heir, legatee, beneficiary, joint tenant, tenant by

the entirety, survivor, appointee, or in any other capacity

and whether the property, benefit, or other interest passes

pursuant to any form of title registration, testamentary or

nontestamentary instrument, intestacy, renunciation, or any

other circumstance. Except as provided in subsection (f) of

this Section, the property, benefit, or other interest shall

pass as if the person convicted of a violation of Section

12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012 or the person found by a preponderance of the

evidence to be civilly liable for financial exploitation, as

defined in subsection (a) of Section 2-6.2 of this Act, died

before the decedent; provided that with respect to joint

tenancy property or property held in tenancy by the entirety,

the interest possessed prior to the death by the person

convicted or found civilly liable may not be diminished by the

application of this Section. Notwithstanding the foregoing, a

person convicted of a violation of Section 12-19, 12-21,

16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,

of the Criminal Code of 1961 or the Criminal Code of 2012 or a

person who has been found by a preponderance of the evidence to

be civilly liable for financial exploitation, as defined in

subsection (a) of Section 2-6.2 of this Act, shall be entitled

to receive property, a benefit, or an interest in any capacity

and under any circumstances described in this Section if it is

demonstrated by clear and convincing evidence that the victim

of that offense knew of the conviction or finding of civil

liability and subsequent to the conviction or finding of civil

liability expressed or ratified his or her intent to transfer

the property, benefit, or interest to the person convicted of

a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 or the person found by a

preponderance of the evidence to be civilly liable for

financial exploitation, as defined in subsection (a) of

Section 2-6.2 of this Act, in any manner contemplated by this

Section.

(b) The holder of any property subject to the provisions

of this Section is not liable for distributing or releasing

the property to the person convicted of violating Section

12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012 or to the person found by a preponderance of the

evidence to be civilly liable for financial exploitation as

defined in subsection (a) of Section 2-6.2 of this Act.

(c) If the holder is a financial institution, trust

company, trustee, or similar entity or person, the holder

shall not be liable for any distribution or release of the

property, benefit, or other interest to the person convicted

of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 or person found by a

preponderance of the evidence to be civilly liable for

financial exploitation, as defined in subsection (a) of

Section 2-6.2 of this Act, unless the holder knowingly

distributes or releases the property, benefit, or other

interest to the person so convicted or found civilly liable

after first having received actual written notice of the

conviction or finding of civil liability in sufficient time to

act upon the notice.

(d) The Illinois Department of State Police shall have

access to State of Illinois databases containing information

that may help in the identification or location of persons

convicted of or found civilly liable for the offenses

enumerated in this Section. Interagency agreements shall be

implemented, consistent with security and procedures

established by the State agency and consistent with the laws

governing the confidentiality of the information in the

databases. Information shall be used only for administration

of this Section.

(e) A civil action against a person for financial

exploitation, as defined in subsection (a) of Section 2-6.2 of

this Act, may be brought by an interested person, pursuant to

this Section, after the death of the victim or during the

lifetime of the victim if the victim is adjudicated a person

with a disability. A guardian is under no duty to bring a civil

action under this subsection during the ward's lifetime, but

may do so if the guardian believes it is in the best interests

of the ward.

(f) The court may, in its discretion, consider such facts

and circumstances as it deems appropriate to allow the person

convicted or found civilly liable for financial exploitation,

as defined in subsection (a) of Section 2-6.2 of this Act, to

receive a reduction in interest or benefit rather than no

interest or benefit as stated under subsection (a) of this

Section.

(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)

(755 ILCS 5/11a-24)

Sec. 11a-24. Notification; Illinois Department of State

Police. When a court adjudges a respondent to be a person with

a disability under this Article, the court shall direct the

circuit court clerk to notify the Illinois Department of State

Police, Firearm Owner's Identification (FOID) Office, in a

form and manner prescribed by the Illinois Department of State

Police, and shall forward a copy of the court order to the

Department no later than 7 days after the entry of the order.

Upon receipt of the order, the Illinois Department of State

Police shall provide notification to the National Instant

Criminal Background Check System.

(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

Section 1145. The Charitable Trust Act is amended by

changing Section 16.5 as follows:

(760 ILCS 55/16.5)

Sec. 16.5. Terrorist acts.

(a) Any person or organization subject to registration

under this Act, who knowingly acts to further, directly or

indirectly, or knowingly uses charitable assets to conduct or

further, directly or indirectly, an act or actions as set

forth in Article 29D of the Criminal Code of 2012, is thereby

engaged in an act or actions contrary to public policy and

antithetical to charity, and all of the funds, assets, and

records of the person or organization shall be subject to

temporary and permanent injunction from use or expenditure and

the appointment of a temporary and permanent receiver to take

possession of all of the assets and related records.

(b) An ex parte action may be commenced by the Attorney

General, and, upon a showing of probable cause of a violation

of this Section or Article 29D of the Criminal Code of 2012, an

immediate seizure of books and records by the Attorney General

by and through his or her assistants or investigators or the

Illinois Department of State Police and freezing of all assets

shall be made by order of a court to protect the public,

protect the assets, and allow a full review of the records.

(c) Upon a finding by a court after a hearing that a person

or organization has acted or is in violation of this Section,

the person or organization shall be permanently enjoined from

soliciting funds from the public, holding charitable funds, or

acting as a trustee or fiduciary within Illinois. Upon a

finding of violation all assets and funds held by the person or

organization shall be forfeited to the People of the State of

Illinois or otherwise ordered by the court to be accounted for

and marshaled and then delivered to charitable causes and uses

within the State of Illinois by court order.

(d) A determination under this Section may be made by any

court separate and apart from any criminal proceedings and the

standard of proof shall be that for civil proceedings.

(e) Any knowing use of charitable assets to conduct or

further, directly or indirectly, an act or actions set forth

in Article 29D of the Criminal Code of 2012 shall be a misuse

of charitable assets and breach of fiduciary duty relative to

all other Sections of this Act.

(Source: P.A. 97-1150, eff. 1-25-13.)

Section 1150. The Revised Uniform Unclaimed Property Act

is amended by changing Section 15-705 as follows:

(765 ILCS 1026/15-705)

Sec. 15-705. Exceptions to the sale of tangible property.

The administrator shall dispose of tangible property

identified by this Section in accordance with this Section.

(a) Military medals or decorations. The administrator may

not sell a medal or decoration awarded for military service in

the armed forces of the United States. Instead, the

administrator, with the consent of the respective organization

under paragraph (1), agency under paragraph (2), or entity

under paragraph (3), may deliver a medal or decoration to be

held in custody for the owner, to:

(1) a military veterans organization qualified under

Section 501(c)(19) of the Internal Revenue Code;

(2) the agency that awarded the medal or decoration;

or

(3) a governmental entity.

After delivery, the administrator is not responsible for

the safekeeping of the medal or decoration.

(b) Property with historical value. Property that the

administrator reasonably believes may have historical value

may be, at his or her discretion, loaned to an accredited

museum in the United States where it will be kept until such

time as the administrator orders it to be returned to his or

her custody.

(c) Human remains. If human remains are delivered to the

administrator under this Act, the administrator shall deliver

those human remains to the coroner of the county in which the

human remains were abandoned for disposition under Section

3-3034 of the Counties Code. The only human remains that may be

delivered to the administrator under this Act and that the

administrator may receive are those that are reported and

delivered as contents of a safe deposit box.

(d) Evidence in a criminal investigation. Property that

may have been used in the commission of a crime or that may

assist in the investigation of a crime, as determined after

consulting with the Illinois Department of State Police, shall

be delivered to the Illinois Department of State Police or

other appropriate law enforcement authority to allow law

enforcement to determine whether a criminal investigation

should take place. Any such property delivered to a law

enforcement authority shall be held in accordance with

existing statutes and rules related to the gathering,

retention, and release of evidence.

(e) Firearms.

(1) The administrator, in cooperation with the

Illinois Department of State Police, shall develop a

procedure to determine whether a firearm delivered to the

administrator under this Act has been stolen or used in

the commission of a crime. The Illinois Department of

State Police shall determine the appropriate disposition

of a firearm that has been stolen or used in the commission

of a crime. The administrator shall attempt to return a

firearm that has not been stolen or used in the commission

of a crime to the rightful owner if the Illinois

Department of State Police determines that the owner may

lawfully possess the firearm.

(2) If the administrator is unable to return a firearm

to its owner, the administrator shall transfer custody of

the firearm to the Illinois Department of State Police.

Legal title to a firearm transferred to the Illinois

Department of State Police under this subsection (e) is

vested in the Illinois Department of State Police by

operation of law if:

(i) the administrator cannot locate the owner of

the firearm;

(ii) the owner of the firearm may not lawfully

possess the firearm;

(iii) the apparent owner does not respond to

notice published under Section 15-503 of this Act; or

(iv) the apparent owner responds to notice

published under Section 15-502 and states that he or

she no longer claims an interest in the firearm.

(3) With respect to a firearm whose title is

transferred to the Illinois Department of State Police

under this subsection (e), the Illinois Department of

State Police may:

(i) retain the firearm for use by the crime

laboratory system, for training purposes, or for any

other application as deemed appropriate by the

Department;

(ii) transfer the firearm to the Illinois State

Museum if the firearm has historical value; or

(iii) destroy the firearm if it is not retained

pursuant to subparagraph (i) or transferred pursuant

to subparagraph (ii).

As used in this subsection, "firearm" has the meaning

provided in the Firearm Owners Identification Card Act.

(Source: P.A. 100-22, eff. 1-1-18.)

Section 1155. The Law Enforcement Disposition of Property

Act is amended by changing Section 2 as follows:

(765 ILCS 1030/2) (from Ch. 141, par. 142)

Sec. 2. (a) Such property believed to be abandoned, lost

or stolen or otherwise illegally possessed shall be retained

in custody by the sheriff, chief of police or other principal

official of the law enforcement agency, which shall make

reasonable inquiry and efforts to identify and notify the

owner or other person entitled to possession thereof, and

shall return the property after such person provides

reasonable and satisfactory proof of his ownership or right to

possession and reimburses the agency for all reasonable

expenses of such custody.

(b) Weapons that have been confiscated as a result of

having been abandoned or illegally possessed may be

transferred to the Illinois Department of State Police for use

by the crime laboratory system, for training purposes, or for

any other application as deemed appropriate by the Department,

if no legitimate claim is made for the confiscated weapon

within 6 months of the date of confiscation, or within 6 months

of final court disposition if such confiscated weapon was used

for evidentiary purposes.

(Source: P.A. 85-632.)

Section 1160. The Illinois Human Rights Act is amended by

changing Section 2-103 as follows:

(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)

Sec. 2-103. Arrest record.

(A) Unless otherwise authorized by law, it is a civil

rights violation for any employer, employment agency or labor

organization to inquire into or to use an arrest record, as

defined under subsection (B-5) of Section 1-103, as a basis to

refuse to hire, to segregate, or to act with respect to

recruitment, hiring, promotion, renewal of employment,

selection for training or apprenticeship, discharge,

discipline, tenure or terms, privileges or conditions of

employment. This Section does not prohibit a State agency,

unit of local government or school district, or private

organization from requesting or utilizing sealed felony

conviction information obtained from the Illinois Department

of State Police under the provisions of Section 3 of the

Criminal Identification Act or under other State or federal

laws or regulations that require criminal background checks in

evaluating the qualifications and character of an employee or

a prospective employee.

(B) The prohibition against the use of an arrest record,

as defined under paragraph (1) of subsection (B-5) of Section

1-103, contained in this Act shall not be construed to

prohibit an employer, employment agency, or labor organization

from obtaining or using other information which indicates that

a person actually engaged in the conduct for which he or she

was arrested.

(Source: P.A. 101-565, eff. 1-1-20.)

Section 1165. The Illinois Torture Inquiry and Relief

Commission Act is amended by changing Section 60 as follows:

(775 ILCS 40/60)

Sec. 60. Report. Beginning January 1, 2010, and annually

thereafter, the Illinois Torture Inquiry and Relief Commission

shall report on its activities to the General Assembly and the

Governor. The report may contain recommendations of any needed

legislative changes related to the activities of the

Commission. The report shall recommend the funding needed by

the Commission, the State's Attorneys, and the Illinois

Department of State Police in order to meet their

responsibilities under this Act. Recommendations concerning

the State's Attorneys or the Illinois Department of State

Police shall only be made after consultations with the

Illinois State's Attorneys Association, the Illinois

Department of State Police, and the Attorney General.

(Source: P.A. 96-223, eff. 8-10-09.)

Section 1170. The Assumed Business Name Act is amended by

changing Section 5 as follows:

(805 ILCS 405/5) (from Ch. 96, par. 8)

Sec. 5. Any person or persons carrying on, conducting or

transacting business as aforesaid, who shall fail to comply

with the provisions of this Act, shall be guilty of a Class C

misdemeanor, and each day any person or persons conducts

business in violation of this Act shall be deemed a separate

offense.

A person shall be exempt from prosecution for a violation

of this Act if he is a peace officer who uses a false or

fictitious business name in the enforcement of the criminal

laws; provided such use is approved in writing by one of the

following:

(a) In all counties, the respective State's Attorney;

(b) The Director of the Illinois State Police under

Section 2605-200 of the Illinois Department of State Police

Law (20 ILCS 2605/2605-200); or

(c) In cities over 1,000,000, the Superintendent of

Police.

(Source: P.A. 91-239, eff. 1-1-00.)

Section 1175. The Recyclable Metal Purchase Registration

Law is amended by changing Section 6.5 as follows:

(815 ILCS 325/6.5)

Sec. 6.5. Recyclable Metal Theft Task Force.

(a) The Recyclable Metal Theft Task Force is created

within the Office of the Secretary of State. The Office of the

Secretary of State shall provide administrative support for

the Task Force. The Task Force shall consist of the members

designated in subsections (b) and (c).

(b) Members of the Task Force representing the State shall

be appointed as follows:

(1) Two members of the Senate appointed one each by

the President of the Senate and by the Minority Leader of

the Senate;

(2) Two members of the House of Representatives

appointed one each by the Speaker of the House of

Representatives and by the Minority Leader of the House of

Representatives;

(3) One member representing the Office of the

Secretary of State appointed by the Secretary of State;

and

(4) Two members representing the Illinois Department

of State Police appointed by the Director of the Illinois

State Police, one of whom must represent the State Police

Academy.

(c) The members appointed under subsection (b) shall

select from their membership a chairperson. The chairperson

shall appoint the public members of the Task Force as follows:

(1) One member representing municipalities in this

State with consideration given to persons recommended by

an organization representing municipalities in this State;

(2) Five chiefs of police from various geographical

areas of the State with consideration given to persons

recommended by an organization representing chiefs of

police in this State;

(3) One representative of a public utility

headquartered in Illinois;

(4) One representative of recyclable metal dealers in

Illinois;

(5) One representative of scrap metal suppliers in

Illinois;

(6) One representative of insurance companies offering

homeowners insurance in this State;

(7) One representative of rural electric cooperatives

in Illinois; and

(8) One representative of a local exchange carrier

doing business in Illinois.

(d) The Task Force shall endeavor to establish a

collaborative effort to combat recyclable metal theft

throughout the State and assist in developing regional task

forces, as determined necessary, to combat recyclable metal

theft. The Task Force shall consider and develop long-term

solutions, both legislative and enforcement-driven, for the

rising problem of recyclable metal thefts in this State.

(e) Each year, the Task Force shall review the

effectiveness of its efforts in deterring and investigating

the problem of recyclable metal theft and in assisting in the

prosecution of persons engaged in recyclable metal theft. The

Task Force shall by October 31 of each year report its findings

and recommendations to the General Assembly and the Governor.

(Source: P.A. 99-52, eff. 1-1-16; 99-760, eff. 1-1-17.)

Section 1180. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Section 2L as follows:

(815 ILCS 505/2L)

Sec. 2L. Used motor vehicles; modification or disclaimer

of implied warranty of merchantability limited.

(a) Any retail sale of a used motor vehicle made after July

1, 2017 (the effective date of Public Act 99-768) to a consumer

by a licensed vehicle dealer within the meaning of Chapter 5 of

the Illinois Vehicle Code or by an auction company at an

auction that is open to the general public is made subject to

this Section.

(b) This Section does not apply to any of the following:

(1) a vehicle with more than 150,000 miles at the time

of sale;

(2) a vehicle with a title that has been branded

"rebuilt" or "flood";

(3) a vehicle with a gross vehicle weight rating of

8,000 pounds or more; or

(4) a vehicle that is an antique vehicle, as defined

in the Illinois Vehicle Code, or that is a collector motor

vehicle.

(b-5) This Section does not apply to the sale of any

vehicle for which the dealer offers an express warranty that

provides coverage that is equal to or greater than the limited

implied warranty of merchantability required under this

Section 2L.

(b-6) This Section does not apply to forfeited vehicles

sold at auction by or on behalf of the Illinois Department of

State Police.

(c) Except as otherwise provided in this Section 2L, any

sale of a used motor vehicle as described in subsection (a) may

not exclude, modify, or disclaim the implied warranty of

merchantability created under this Section 2L or limit the

remedies for a breach of the warranty hereunder before

midnight of the 15th calendar day after delivery of a used

motor vehicle or until a used motor vehicle is driven 500 miles

after delivery, whichever is earlier. In calculating time

under this Section, a day on which the warranty is breached and

all subsequent days in which the used motor vehicle fails to

conform with the implied warranty of merchantability are

excluded. In calculating distance under this Section, the

miles driven to obtain or in connection with the repair,

servicing, or testing of a used motor vehicle that fails to

conform with the implied warranty of merchantability are

excluded. An attempt to exclude, modify, or disclaim the

implied warranty of merchantability or to limit the remedies

for a breach of the warranty in violation of this Section

renders a purchase agreement voidable at the option of the

purchaser.

(d) An implied warranty of merchantability is met if a

used motor vehicle functions for the purpose of ordinary

transportation on the public highway and substantially free of

a defect in a power train component. As used in this Section,

"power train component" means the engine block, head, all

internal engine parts, oil pan and gaskets, water pump, intake

manifold, transmission, and all internal transmission parts,

torque converter, drive shaft, universal joints, rear axle and

all rear axle internal parts, and rear wheel bearings.

(e) The implied warranty of merchantability expires at

midnight of the 15th calendar day after delivery of a used

motor vehicle or when a used motor vehicle is driven 500 miles

after delivery, whichever is earlier. In calculating time, a

day on which the implied warranty of merchantability is

breached is excluded and all subsequent days in which the used

motor vehicle fails to conform with the warranty are also

excluded. In calculating distance, the miles driven to or by

the seller to obtain or in connection with the repair,

servicing, or testing of a used motor vehicle that fails to

conform with the implied warranty of merchantability are

excluded. An implied warranty of merchantability does not

extend to damage that occurs after the sale of the used motor

vehicle that results from:

(1) off-road use;

(2) racing;

(3) towing;

(4) abuse;

(5) misuse;

(6) neglect;

(7) failure to perform regular maintenance; and

(8) failure to maintain adequate oil, coolant, and

other required fluids or lubricants.

(f) If the implied warranty of merchantability described

in this Section is breached, the consumer shall give

reasonable notice to the seller no later than 2 business days

after the end of the statutory warranty period. Before the

consumer exercises another remedy pursuant to Article 2 of the

Uniform Commercial Code, the seller shall have a reasonable

opportunity to repair the used motor vehicle. The consumer

shall pay one-half of the cost of the first 2 repairs necessary

to bring the used motor vehicle into compliance with the

warranty. The payments by the consumer are limited to a

maximum payment of $100 for each repair; however, the consumer

shall only be responsible for a maximum payment of $100 if the

consumer brings in the vehicle for a second repair for the same

defect. Reasonable notice as defined in this Section shall

include, but not be limited to:

(1) text, provided the seller has provided the

consumer with a cell phone number;

(2) phone call or message to the seller's business

phone number provided on the seller's bill of sale for the

purchase of the motor vehicle;

(3) in writing to the seller's address provided on the

seller's bill of sale for the purchase of the motor

vehicle;

(4) in person at the seller's address provided on the

seller's bill of sale for the purchase of the motor

vehicle.

(g) The maximum liability of a seller for repairs pursuant

to this Section is limited to the purchase price paid for the

used motor vehicle, to be refunded to the consumer or lender,

as applicable, in exchange for return of the vehicle.

(h) An agreement for the sale of a used motor vehicle

subject to this Section is voidable at the option of the

consumer, unless it contains on its face or in a separate

document the following conspicuous statement printed in

boldface 10-point or larger type set off from the body of the

agreement:

"Illinois law requires that this vehicle will be free of a

defect in a power train component for 15 days or 500 miles

after delivery, whichever is earlier, except with regard to

particular defects disclosed on the first page of this

agreement. "Power train component" means the engine block,

head, all internal engine parts, oil pan and gaskets, water

pump, intake manifold, transmission, and all internal

transmission parts, torque converter, drive shaft, universal

joints, rear axle and all rear axle internal parts, and rear

wheel bearings. You (the consumer) will have to pay up to $100

for each of the first 2 repairs if the warranty is violated.".

(i) The inclusion in the agreement of the statement

prescribed in subsection (h) of this Section does not create

an express warranty.

(j) A consumer of a used motor vehicle may waive the

implied warranty of merchantability only for a particular

defect in the vehicle, including, but not limited to, a

rebuilt or flood-branded title and only if all of the

following conditions are satisfied:

(1) the seller subject to this Section fully and

accurately discloses to the consumer that because of

circumstances unusual to the business, the used motor

vehicle has a particular defect;

(2) the consumer agrees to buy the used motor vehicle

after disclosure of the defect; and

(3) before the sale, the consumer indicates agreement

to the waiver by signing and dating the following

conspicuous statement that is printed on the first page of

the sales agreement or on a separate document in boldface

10-point or larger type and that is written in the

language in which the presentation was made:

"Attention consumer: sign here only if the seller has

told you that this vehicle has the following problem or

problems and you agree to buy the vehicle on those terms:

1. ......................................................

2. ..................................................

3. ...................................................".

(k) It shall be an affirmative defense to any claim under

this Section that:

(1) an alleged nonconformity does not substantially

impair the use and market value of the motor vehicle;

(2) a nonconformity is the result of abuse, neglect,

or unauthorized modifications or alterations of the motor

vehicle;

(3) a claim by a consumer was not filed in good faith;

or

(4) any other affirmative defense allowed by law.

(l) Other than the 15-day, 500-mile implied warranty of

merchantability identified herein, a seller subject to this

Section is not required to provide any further express or

implied warranties to a purchasing consumer unless:

(1) the seller is required by federal or State law to

provide a further express or implied warranty; or

(2) the seller fails to fully inform and disclose to

the consumer that the vehicle is being sold without any

further express or implied warranties, other than the 15

day, 500 mile implied warranty of merchantability

identified in this Section.

(m) Any person who violates this Section commits an

unlawful practice within the meaning of this Act.

(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17;

100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)

Section 1185. The Employee Credit Privacy Act is amended

by changing Section 5 as follows:

(820 ILCS 70/5)

Sec. 5. Definitions. As used in this Act:

"Credit history" means an individual's past borrowing and

repaying behavior, including paying bills on time and managing

debt and other financial obligations.

"Credit report" means any written or other communication

of any information by a consumer reporting agency that bears

on a consumer's creditworthiness, credit standing, credit

capacity, or credit history.

"Employee" means an individual who receives compensation

for performing services for an employer under an express or

implied contract of hire.

"Employer" means an individual or entity that permits one

or more individuals to work or that accepts applications for

employment or is an agent of an employer. "Employer" does not,

however, include:

(1) Any bank holding company, financial holding

company, bank, savings bank, savings and loan association,

credit union, or trust company, or any subsidiary or

affiliate thereof, that is authorized to do business under

the laws of this State or of the United States.

(2) Any company authorized to engage in any kind of

insurance or surety business pursuant to the Illinois

Insurance Code, including any employee, agent, or employee

of an agent acting on behalf of a company engaged in the

insurance or surety business.

(3) Any State law enforcement or investigative unit,

including, without limitation, any such unit within the

Office of any Executive Inspector General, the Illinois

Department of State Police, the Department of Corrections,

the Department of Juvenile Justice, or the Department of

Natural Resources.

(4) Any State or local government agency which

otherwise requires use of the employee's or applicant's

credit history or credit report.

(5) Any entity that is defined as a debt collector

under federal or State statute.

"Financial information" means non-public information on

the overall financial direction of an organization, including,

but not limited to, company taxes or profit and loss reports.

"Marketable assets" means company property that is

specially safeguarded from the public and to which access is

only entrusted to managers and select other employees. For the

purposes of this Act, marketable assets do not include the

fixtures, furnishings, or equipment of an employer.

"Personal or confidential information" means sensitive

information that a customer or client of the employing

organization gives explicit authorization for the organization

to obtain, process, and keep; that the employer entrusts only

to managers and a select few employees; or that is stored in

secure repositories not accessible by the public or low-level

employees.

"State or national security information" means information

only offered to select employees because it may jeopardize the

security of the State or the nation if it were entrusted to the

general public.

"Trade secrets" means sensitive information regarding a

company's overall strategy or business plans. This does not

include general proprietary company information such as

handbooks, policies, or low-level strategies.

(Source: P.A. 96-1426, eff. 1-1-11.)

Section 1190. The Unemployment Insurance Act is amended by

changing Section 1900 as follows:

(820 ILCS 405/1900) (from Ch. 48, par. 640)

Sec. 1900. Disclosure of information.

A. Except as provided in this Section, information

obtained from any individual or employing unit during the

administration of this Act shall:

1. be confidential,

2. not be published or open to public inspection,

3. not be used in any court in any pending action or

proceeding,

4. not be admissible in evidence in any action or

proceeding other than one arising out of this Act.

B. No finding, determination, decision, ruling or order

(including any finding of fact, statement or conclusion made

therein) issued pursuant to this Act shall be admissible or

used in evidence in any action other than one arising out of

this Act, nor shall it be binding or conclusive except as

provided in this Act, nor shall it constitute res judicata,

regardless of whether the actions were between the same or

related parties or involved the same facts.

C. Any officer or employee of this State, any officer or

employee of any entity authorized to obtain information

pursuant to this Section, and any agent of this State or of

such entity who, except with authority of the Director under

this Section, shall disclose information shall be guilty of a

Class B misdemeanor and shall be disqualified from holding any

appointment or employment by the State.

D. An individual or his duly authorized agent may be

supplied with information from records only to the extent

necessary for the proper presentation of his claim for

benefits or with his existing or prospective rights to

benefits. Discretion to disclose this information belongs

solely to the Director and is not subject to a release or

waiver by the individual. Notwithstanding any other provision

to the contrary, an individual or his or her duly authorized

agent may be supplied with a statement of the amount of

benefits paid to the individual during the 18 months preceding

the date of his or her request.

E. An employing unit may be furnished with information,

only if deemed by the Director as necessary to enable it to

fully discharge its obligations or safeguard its rights under

the Act. Discretion to disclose this information belongs

solely to the Director and is not subject to a release or

waiver by the employing unit.

F. The Director may furnish any information that he may

deem proper to any public officer or public agency of this or

any other State or of the federal government dealing with:

1. the administration of relief,

2. public assistance,

3. unemployment compensation,

4. a system of public employment offices,

5. wages and hours of employment, or

6. a public works program.

The Director may make available to the Illinois Workers'

Compensation Commission information regarding employers for

the purpose of verifying the insurance coverage required under

the Workers' Compensation Act and Workers' Occupational

Diseases Act.

G. The Director may disclose information submitted by the

State or any of its political subdivisions, municipal

corporations, instrumentalities, or school or community

college districts, except for information which specifically

identifies an individual claimant.

H. The Director shall disclose only that information

required to be disclosed under Section 303 of the Social

Security Act, as amended, including:

1. any information required to be given the United

States Department of Labor under Section 303(a)(6); and

2. the making available upon request to any agency of

the United States charged with the administration of

public works or assistance through public employment, the

name, address, ordinary occupation and employment status

of each recipient of unemployment compensation, and a

statement of such recipient's right to further

compensation under such law as required by Section

303(a)(7); and

3. records to make available to the Railroad

Retirement Board as required by Section 303(c)(1); and

4. information that will assure reasonable cooperation

with every agency of the United States charged with the

administration of any unemployment compensation law as

required by Section 303(c)(2); and

5. information upon request and on a reimbursable

basis to the United States Department of Agriculture and

to any State food stamp agency concerning any information

required to be furnished by Section 303(d); and

6. any wage information upon request and on a

reimbursable basis to any State or local child support

enforcement agency required by Section 303(e); and

7. any information required under the income

eligibility and verification system as required by Section

303(f); and

8. information that might be useful in locating an

absent parent or that parent's employer, establishing

paternity or establishing, modifying, or enforcing child

support orders for the purpose of a child support

enforcement program under Title IV of the Social Security

Act upon the request of and on a reimbursable basis to the

public agency administering the Federal Parent Locator

Service as required by Section 303(h); and

9. information, upon request, to representatives of

any federal, State or local governmental public housing

agency with respect to individuals who have signed the

appropriate consent form approved by the Secretary of

Housing and Urban Development and who are applying for or

participating in any housing assistance program

administered by the United States Department of Housing

and Urban Development as required by Section 303(i).

I. The Director, upon the request of a public agency of

Illinois, of the federal government or of any other state

charged with the investigation or enforcement of Section 10-5

of the Criminal Code of 2012 (or a similar federal law or

similar law of another State), may furnish the public agency

information regarding the individual specified in the request

as to:

1. the current or most recent home address of the

individual, and

2. the names and addresses of the individual's

employers.

J. Nothing in this Section shall be deemed to interfere

with the disclosure of certain records as provided for in

Section 1706 or with the right to make available to the

Internal Revenue Service of the United States Department of

the Treasury, or the Department of Revenue of the State of

Illinois, information obtained under this Act.

K. The Department shall make available to the Illinois

Student Assistance Commission, upon request, information in

the possession of the Department that may be necessary or

useful to the Commission in the collection of defaulted or

delinquent student loans which the Commission administers.

L. The Department shall make available to the State

Employees' Retirement System, the State Universities

Retirement System, the Teachers' Retirement System of the

State of Illinois, and the Department of Central Management

Services, Risk Management Division, upon request, information

in the possession of the Department that may be necessary or

useful to the System or the Risk Management Division for the

purpose of determining whether any recipient of a disability

benefit from the System or a workers' compensation benefit

from the Risk Management Division is gainfully employed.

M. This Section shall be applicable to the information

obtained in the administration of the State employment

service, except that the Director may publish or release

general labor market information and may furnish information

that he may deem proper to an individual, public officer or

public agency of this or any other State or the federal

government (in addition to those public officers or public

agencies specified in this Section) as he prescribes by Rule.

N. The Director may require such safeguards as he deems

proper to insure that information disclosed pursuant to this

Section is used only for the purposes set forth in this

Section.

O. Nothing in this Section prohibits communication with an

individual or entity through unencrypted e-mail or other

unencrypted electronic means as long as the communication does

not contain the individual's or entity's name in combination

with any one or more of the individual's or entity's social

security number; driver's license or State identification

number; credit or debit card number; or any required security

code, access code, or password that would permit access to

further information pertaining to the individual or entity.

P. (Blank).

Q. The Director shall make available to an elected federal

official the name and address of an individual or entity that

is located within the jurisdiction from which the official was

elected and that, for the most recently completed calendar

year, has reported to the Department as paying wages to

workers, where the information will be used in connection with

the official duties of the official and the official requests

the information in writing, specifying the purposes for which

it will be used. For purposes of this subsection, the use of

information in connection with the official duties of an

official does not include use of the information in connection

with the solicitation of contributions or expenditures, in

money or in kind, to or on behalf of a candidate for public or

political office or a political party or with respect to a

public question, as defined in Section 1-3 of the Election

Code, or in connection with any commercial solicitation. Any

elected federal official who, in submitting a request for

information covered by this subsection, knowingly makes a

false statement or fails to disclose a material fact, with the

intent to obtain the information for a purpose not authorized

by this subsection, shall be guilty of a Class B misdemeanor.

R. The Director may provide to any State or local child

support agency, upon request and on a reimbursable basis,

information that might be useful in locating an absent parent

or that parent's employer, establishing paternity, or

establishing, modifying, or enforcing child support orders.

S. The Department shall make available to a State's

Attorney of this State or a State's Attorney's investigator,

upon request, the current address or, if the current address

is unavailable, current employer information, if available, of

a victim of a felony or a witness to a felony or a person

against whom an arrest warrant is outstanding.

T. The Director shall make available to the Illinois

Department of State Police, a county sheriff's office, or a

municipal police department, upon request, any information

concerning the current address and place of employment or

former places of employment of a person who is required to

register as a sex offender under the Sex Offender Registration

Act that may be useful in enforcing the registration

provisions of that Act.

U. The Director shall make information available to the

Department of Healthcare and Family Services and the

Department of Human Services for the purpose of determining

eligibility for public benefit programs authorized under the

Illinois Public Aid Code and related statutes administered by

those departments, for verifying sources and amounts of

income, and for other purposes directly connected with the

administration of those programs.

V. The Director shall make information available to the

State Board of Elections as may be required by an agreement the

State Board of Elections has entered into with a multi-state

voter registration list maintenance system.

W. The Director shall make information available to the

State Treasurer's office and the Department of Revenue for the

purpose of facilitating compliance with the Illinois Secure

Choice Savings Program Act, including employer contact

information for employers with 25 or more employees and any

other information the Director deems appropriate that is

directly related to the administration of this program.

X. The Director shall make information available, upon

request, to the Illinois Student Assistance Commission for the

purpose of determining eligibility for the adult vocational

community college scholarship program under Section 65.105 of

the Higher Education Student Assistance Act.

(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)

Section 9995. No acceleration or delay. Where this Act

makes changes in a statute that is represented in this Act by

text that is not yet or no longer in effect (for example, a

Section represented by multiple versions), the use of that

text does not accelerate or delay the taking effect of (i) the

changes made by this Act or (ii) provisions derived from any

other Public Act.

Section 9999. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance