Bill Text: IL SB3574 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Stalking No Contact Order Act. Changes the short title of the Act to the Stalking or Harassment No Contact Order Act. Defines "harassment" as violence or threats of violence or death, including a single act, directed at a specific person that would cause a reasonable person to (i) fear for the person's safety, the safety of a workplace, school, or place of worship, or the safety of a third person or (ii) suffer emotional distress. Changes the term "stalking no contact order" to "stalking or harassment no contact order". Makes conforming changes in the following Acts: the Criminal Identification Act; the Firearm Owners Identification Card Act; the Criminal Code of 2012; the Code of Criminal Procedure of 1963; the Rights of Crime Victims and Witnesses Act; the Unified Code of Corrections; the Code of Civil Procedure; the Civil No Contact Order Act; the Crime Victims Compensation Act; the Illinois Domestic Violence Act of 1986; the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act; the Domestic Violence Fatality Review Act; and the Illinois Human Rights Act. Makes other changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-21 - Added as Co-Sponsor Sen. Neil Anderson [SB3574 Detail]

Download: Illinois-2023-SB3574-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3574 Introduced 2/9/2024, by Sen. Erica Harriss SYNOPSIS AS INTRODUCED:
See Index
Amends the Stalking No Contact Order Act. Changes the short title of the Act to the Stalking or Harassment No Contact Order Act. Defines "harassment" as violence or threats of violence or death, including a single act, directed at a specific person that would cause a reasonable person to (i) fear for the person's safety, the safety of a workplace, school, or place of worship, or the safety of a third person or (ii) suffer emotional distress. Changes the term "stalking no contact order" to "stalking or harassment no contact order". Makes conforming changes in the following Acts: the Criminal Identification Act; the Firearm Owners Identification Card Act; the Criminal Code of 2012; the Code of Criminal Procedure of 1963; the Rights of Crime Victims and Witnesses Act; the Unified Code of Corrections; the Code of Civil Procedure; the Civil No Contact Order Act; the Crime Victims Compensation Act; the Illinois Domestic Violence Act of 1986; the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act; the Domestic Violence Fatality Review Act; and the Illinois Human Rights Act. Makes other changes.
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A BILL FOR
SB3574 LRB103 34161 LNS 63981 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
(Text of Section before amendment by P.A. 103-35)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.

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Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is

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reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders

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of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of

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probation 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 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), 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. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk

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before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the

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final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a

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similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a

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local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking or Harassment No
Contact Order Act, or Section 219 of the Civil No
Contact Order Act, or a similar provision of a
local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was

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successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have

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passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday

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shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the

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order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the

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petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
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 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, 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.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter 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.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision

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of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of

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the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and

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Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted

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of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,

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2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the

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petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
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

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basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement

SB3574 - 22 - LRB103 34161 LNS 63981 b
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with

SB3574 - 23 - LRB103 34161 LNS 63981 b
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local

SB3574 - 24 - LRB103 34161 LNS 63981 b
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as

SB3574 - 25 - LRB103 34161 LNS 63981 b
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;

SB3574 - 26 - LRB103 34161 LNS 63981 b
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the

SB3574 - 27 - LRB103 34161 LNS 63981 b
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under

SB3574 - 28 - LRB103 34161 LNS 63981 b
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed

SB3574 - 29 - LRB103 34161 LNS 63981 b
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee

SB3574 - 30 - LRB103 34161 LNS 63981 b
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a

SB3574 - 31 - LRB103 34161 LNS 63981 b
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the

SB3574 - 32 - LRB103 34161 LNS 63981 b
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois 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 for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk

SB3574 - 33 - LRB103 34161 LNS 63981 b
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and 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 Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of

SB3574 - 34 - LRB103 34161 LNS 63981 b
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and 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 Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records

SB3574 - 35 - LRB103 34161 LNS 63981 b
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner 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 for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and 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 expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of

SB3574 - 36 - LRB103 34161 LNS 63981 b
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.

SB3574 - 37 - LRB103 34161 LNS 63981 b
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting

SB3574 - 38 - LRB103 34161 LNS 63981 b
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with

SB3574 - 39 - LRB103 34161 LNS 63981 b
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to

SB3574 - 40 - LRB103 34161 LNS 63981 b
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the

SB3574 - 41 - LRB103 34161 LNS 63981 b
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction

SB3574 - 42 - LRB103 34161 LNS 63981 b
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a

SB3574 - 43 - LRB103 34161 LNS 63981 b
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.

SB3574 - 44 - LRB103 34161 LNS 63981 b
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records

SB3574 - 45 - LRB103 34161 LNS 63981 b
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
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 for which the individual had received a
pardon but the order shall not affect any index issued

SB3574 - 46 - LRB103 34161 LNS 63981 b
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and

SB3574 - 47 - LRB103 34161 LNS 63981 b
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than

SB3574 - 48 - LRB103 34161 LNS 63981 b
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019

SB3574 - 49 - LRB103 34161 LNS 63981 b
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the

SB3574 - 50 - LRB103 34161 LNS 63981 b
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;

SB3574 - 51 - LRB103 34161 LNS 63981 b
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more

SB3574 - 52 - LRB103 34161 LNS 63981 b
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly

SB3574 - 53 - LRB103 34161 LNS 63981 b
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
5-13-22; 102-933, eff. 1-1-23; 130-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-35)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.

SB3574 - 54 - LRB103 34161 LNS 63981 b
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection

SB3574 - 55 - LRB103 34161 LNS 63981 b
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by

SB3574 - 56 - LRB103 34161 LNS 63981 b
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner

SB3574 - 57 - LRB103 34161 LNS 63981 b
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation 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 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), 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. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the

SB3574 - 58 - LRB103 34161 LNS 63981 b
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,

SB3574 - 59 - LRB103 34161 LNS 63981 b
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of

SB3574 - 60 - LRB103 34161 LNS 63981 b
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation

SB3574 - 61 - LRB103 34161 LNS 63981 b
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking or Harassment No
Contact Order Act, or Section 219 of the Civil No
Contact Order Act, or a similar provision of a
local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a

SB3574 - 62 - LRB103 34161 LNS 63981 b
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,

SB3574 - 63 - LRB103 34161 LNS 63981 b
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of

SB3574 - 64 - LRB103 34161 LNS 63981 b
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk

SB3574 - 65 - LRB103 34161 LNS 63981 b
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.

SB3574 - 66 - LRB103 34161 LNS 63981 b
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
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 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, 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.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of

SB3574 - 67 - LRB103 34161 LNS 63981 b
innocence shall also enter 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.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on

SB3574 - 68 - LRB103 34161 LNS 63981 b
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation 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, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as

SB3574 - 69 - LRB103 34161 LNS 63981 b
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph

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is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition

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must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the

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petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit

SB3574 - 73 - LRB103 34161 LNS 63981 b
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
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. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an

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order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in

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Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to

SB3574 - 76 - LRB103 34161 LNS 63981 b
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but

SB3574 - 77 - LRB103 34161 LNS 63981 b
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;

SB3574 - 78 - LRB103 34161 LNS 63981 b
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,

SB3574 - 79 - LRB103 34161 LNS 63981 b
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these

SB3574 - 80 - LRB103 34161 LNS 63981 b
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court

SB3574 - 81 - LRB103 34161 LNS 63981 b
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the

SB3574 - 82 - LRB103 34161 LNS 63981 b
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a

SB3574 - 83 - LRB103 34161 LNS 63981 b
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.

SB3574 - 84 - LRB103 34161 LNS 63981 b
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown

SB3574 - 85 - LRB103 34161 LNS 63981 b
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 for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and 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 Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records

SB3574 - 86 - LRB103 34161 LNS 63981 b
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
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 for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and 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 Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition

SB3574 - 87 - LRB103 34161 LNS 63981 b
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner 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 for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and 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 expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate

SB3574 - 88 - LRB103 34161 LNS 63981 b
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is

SB3574 - 89 - LRB103 34161 LNS 63981 b
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing

SB3574 - 90 - LRB103 34161 LNS 63981 b
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with

SB3574 - 91 - LRB103 34161 LNS 63981 b
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a

SB3574 - 92 - LRB103 34161 LNS 63981 b
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local

SB3574 - 93 - LRB103 34161 LNS 63981 b
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to vacation and expungement or
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the

SB3574 - 94 - LRB103 34161 LNS 63981 b
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law

SB3574 - 95 - LRB103 34161 LNS 63981 b
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.

SB3574 - 96 - LRB103 34161 LNS 63981 b
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole

SB3574 - 97 - LRB103 34161 LNS 63981 b
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is

SB3574 - 98 - LRB103 34161 LNS 63981 b
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
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 for which the individual had received a
pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.

SB3574 - 99 - LRB103 34161 LNS 63981 b
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to

SB3574 - 100 - LRB103 34161 LNS 63981 b
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30

SB3574 - 101 - LRB103 34161 LNS 63981 b
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not

SB3574 - 102 - LRB103 34161 LNS 63981 b
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied

SB3574 - 103 - LRB103 34161 LNS 63981 b
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in

SB3574 - 104 - LRB103 34161 LNS 63981 b
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall

SB3574 - 105 - LRB103 34161 LNS 63981 b
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.

SB3574 - 106 - LRB103 34161 LNS 63981 b
1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
Section 10. The Firearm Owners Identification Card Act is
amended by changing Section 1.1 as follows:
(430 ILCS 65/1.1)
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 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;

SB3574 - 107 - LRB103 34161 LNS 63981 b
(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;

SB3574 - 108 - LRB103 34161 LNS 63981 b
(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.
"Developmental disability" means a severe, chronic
disability of an individual that:

SB3574 - 109 - LRB103 34161 LNS 63981 b
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"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:

SB3574 - 110 - LRB103 34161 LNS 63981 b
(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 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 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 signaling 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

SB3574 - 111 - LRB103 34161 LNS 63981 b
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.

SB3574 - 112 - LRB103 34161 LNS 63981 b
"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.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of
22, that adversely affects a child's educational performance.
"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 provides
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.

SB3574 - 113 - LRB103 34161 LNS 63981 b
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"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 others.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking or
harassment no contact orders issued under the Stalking or
Harassment No Contact Order Act, civil no contact orders

SB3574 - 114 - LRB103 34161 LNS 63981 b
issued under the Civil No Contact Order Act, and firearms
restraining orders issued under the Firearms Restraining Order
Act or a substantially similar order issued by the court of
another state, tribe, or United States territory or military
tribunal.
"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. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
Section 15. The Criminal Code of 2012 is amended by
changing Sections 12-3.9 and 12-7.4 as follows:
(720 ILCS 5/12-3.9)
Sec. 12-3.9. Violation of a stalking or harassment no

SB3574 - 115 - LRB103 34161 LNS 63981 b
contact order.
(a) A person commits violation of a stalking or harassment
no contact order if:
(1) he or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(A) a remedy in a valid stalking or harassment no
contact order of protection authorized under Section
80 of the Stalking or Harassment No Contact Order Act
or Section 112A-14.7 of the Code of Criminal Procedure
of 1963; or
(B) a remedy, which is substantially similar to
the remedies authorized under Section 80 of the
Stalking or Harassment No Contact Order Act or Section
112A-14.7 of the Code of Criminal Procedure of 1963,
or in a valid stalking or harassment no contact order,
which is authorized under the laws of another state,
tribe, or United States territory; and
(2) the violation occurs after the offender has been
served notice of the contents of the order, under the
Stalking or Harassment No Contact Order Act, Article 112A
of the Code of Criminal Procedure of 1963, or any
substantially similar statute of another state, tribe, or
United States territory, or otherwise has acquired actual
knowledge of the contents of the order.
A stalking or harassment no contact order issued by a

SB3574 - 116 - LRB103 34161 LNS 63981 b
state, tribal, or territorial court shall be deemed valid if
the issuing court had jurisdiction over the parties and matter
under the law of the state, tribe, or territory. There shall be
a presumption of validity when an order is certified and
appears authentic on its face.
(a-3) For purposes of this Section, a "stalking or
harassment no contact order" may have been issued in a
criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign stalking or
harassment no contact order.
(b) Prosecution for a violation of a stalking or
harassment no contact order shall not bar a concurrent
prosecution for any other crime, including any crime that may
have been committed at the time of the violation of the civil
no contact order.
(c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.

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(e) Sentence. A violation of a stalking or harassment no
contact order is a Class A misdemeanor for a first violation,
and a Class 4 felony for a second or subsequent violation.
(Source: P.A. 100-199, eff. 1-1-18.)
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she
commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or
(3) violates a temporary restraining order, an order
of protection, a stalking or harassment no contact order,
a civil no contact order, or an injunction prohibiting the
behavior described in subsection (b)(1) of Section 214 of
the Illinois Domestic Violence Act of 1986.
(a-1) A person commits aggravated stalking when he or she
is required to register under the Sex Offender Registration
Act or has been previously required to register under that Act
and commits the offense of stalking when the victim of the
stalking is also the victim of the offense for which the sex
offender is required to register under the Sex Offender
Registration Act or a family member of the victim.
(b) Sentence. Aggravated stalking is a Class 3 felony; a
second or subsequent conviction is a Class 2 felony.
(c) Exemptions.

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(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the managing or maintenance of
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right of free speech or assembly that is otherwise lawful.
(3) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers
and hosting service providers, are not liable under this
Section, except for willful and wanton misconduct, by
virtue of the transmission, storage, or caching of
electronic communications or messages of others or by
virtue of the provision of other related
telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(d) A defendant who directed the actions of a third party

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to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
1-1-13.)
Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-1, 110-6.1, 112A-2.5, 112A-3,
112A-4.5, 112A-5.5, 112A-14.7, 112A-17.5, 112A-20, 112A-21.7,
112A-23, 112A-24, 112A-26, and 112A-28 as follows:
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
(b) "Sureties" encompasses the nonmonetary requirements
set by the court as conditions for release either before or
after conviction.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional
discharge, is required by law upon conviction.

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(d)(Blank).
(e) "Protective order" means any order of protection
issued under Section 112A-14 of this Code or the Illinois
Domestic Violence Act of 1986, a stalking or harassment no
contact order issued under Section 80 of the Stalking or
Harassment No Contact Order Act, or a civil no contact order
issued under Section 213 of the Civil No Contact Order Act.
(f) "Willful flight" means intentional conduct with a
purpose to thwart the judicial process to avoid prosecution.
Isolated instances of nonappearance in court alone are not
evidence of the risk of willful flight. Reoccurrence and
patterns of intentional conduct to evade prosecution, along
with any affirmative steps to communicate or remedy any such
missed court date, may be considered as factors in assessing
future intent to evade prosecution.
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;
103-154, eff. 6-30-23.)
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
Sec. 110-6.1. Denial of pretrial release.
(a) Upon verified petition by the State, the court shall
hold a hearing and may deny a defendant pretrial release only
if:
(1) the defendant is charged with a felony offense
other than a forcible felony for which, based on the
charge or the defendant's criminal history, a sentence of

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imprisonment, without probation, periodic imprisonment or
conditional discharge, is required by law upon conviction,
and it is alleged that the defendant's pretrial release
poses a real and present threat to the safety of any person
or persons or the community, based on the specific
articulable facts of the case;
(1.5) the defendant's pretrial release poses a real
and present threat to the safety of any person or persons
or the community, based on the specific articulable facts
of the case, and the defendant is charged with a forcible
felony, which as used in this Section, means treason,
first degree murder, second degree murder, predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, criminal sexual assault, armed robbery,
aggravated robbery, robbery, burglary where there is use
of force against another person, residential burglary,
home invasion, vehicular invasion, aggravated arson,
arson, aggravated kidnaping, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement or any other felony which involves the
threat of or infliction of great bodily harm or permanent
disability or disfigurement;
(2) the defendant is charged with stalking or
aggravated stalking, and it is alleged that the
defendant's pre-trial release poses a real and present
threat to the safety of a victim of the alleged offense,

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

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

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(H) Section 24-34 (unlawful sale of firearms by
liquor license);
(I) Section 24-3.5 (unlawful purchase of a
firearm);
(J) Section 24-3A (gunrunning);
(K) Section 24-3B (firearms trafficking);
(L) Section 10-9 (b) (involuntary servitude);
(M) Section 10-9 (c) (involuntary sexual servitude
of a minor);
(N) Section 10-9(d) (trafficking in persons);
(O) Non-probationable violations: (i) unlawful use
or possession of weapons by felons or persons in the
Custody of the Department of Corrections facilities
(Section 24-1.1), (ii) aggravated unlawful use of a
weapon (Section 24-1.6), or (iii) aggravated
possession of a stolen firearm (Section 24-3.9);
(P) Section 9-3 (reckless homicide and involuntary
manslaughter);
(Q) Section 19-3 (residential burglary);
(R) Section 10-5 (child abduction);
(S) Felony violations of Section 12C-5 (child
endangerment);
(T) Section 12-7.1 (hate crime);
(U) Section 10-3.1 (aggravated unlawful
restraint);
(V) Section 12-9 (threatening a public official);

SB3574 - 125 - LRB103 34161 LNS 63981 b
(W) Subdivision (f)(1) of Section 12-3.05
(aggravated battery with a deadly weapon other than by
discharge of a firearm);
(6.5) the defendant is charged with any of the
following offenses, and it is alleged that the defendant's
pretrial release poses a real and present threat to the
safety of any person or persons or the community, based on
the specific articulable facts of the case:
(A) Felony violations of Sections 3.01, 3.02, or
3.03 of the Humane Care for Animals Act (cruel
treatment, aggravated cruelty, and animal torture);
(B) Subdivision (d)(1)(B) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence while operating a school bus with
passengers);
(C) Subdivision (d)(1)(C) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence causing great bodily harm);
(D) Subdivision (d)(1)(D) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence after a previous reckless homicide
conviction);
(E) Subdivision (d)(1)(F) of Section 11-501 of the
Illinois Vehicle Code (aggravated driving under the
influence leading to death); or
(F) Subdivision (d)(1)(J) of Section 11-501 of the

SB3574 - 126 - LRB103 34161 LNS 63981 b
Illinois Vehicle Code (aggravated driving under the
influence that resulted in bodily harm to a child
under the age of 16);
(7) the defendant is charged with an attempt to commit
any charge listed in paragraphs (1) through (6.5), and it
is alleged that the defendant's pretrial release poses a
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts of the case; or
(8) the person has a high likelihood of willful flight
to avoid prosecution and is charged with:
(A) Any felony described in subdivisions (a)(1)
through (a)(7) of this Section; or
(B) A felony offense other than a Class 4 offense.
(b) If the charged offense is a felony, as part of the
detention hearing, the court shall determine whether there is
probable cause the defendant has committed an offense, unless
a hearing pursuant to Section 109-3 of this Code has already
been held or a grand jury has returned a true bill of
indictment against the defendant. If there is a finding of no
probable cause, the defendant shall be released. No such
finding is necessary if the defendant is charged with a
misdemeanor.
(c) Timing of petition.
(1) A petition may be filed without prior notice to
the defendant at the first appearance before a judge, or

SB3574 - 127 - LRB103 34161 LNS 63981 b
within the 21 calendar days, except as provided in Section
110-6, after arrest and release of the defendant upon
reasonable notice to defendant; provided that while such
petition is pending before the court, the defendant if
previously released shall not be detained.
(2) Upon filing, the court shall immediately hold a
hearing on the petition unless a continuance is requested.
If a continuance is requested and granted, the hearing
shall be held within 48 hours of the defendant's first
appearance if the defendant is charged with first degree
murder or a Class X, Class 1, Class 2, or Class 3 felony,
and within 24 hours if the defendant is charged with a
Class 4 or misdemeanor offense. The Court may deny or
grant the request for continuance. If the court decides to
grant the continuance, the Court retains the discretion to
detain or release the defendant in the time between the
filing of the petition and the hearing.
(d) Contents of petition.
(1) The petition shall be verified by the State and
shall state the grounds upon which it contends the
defendant should be denied pretrial release, including the
real and present threat to the safety of any person or
persons or the community, based on the specific
articulable facts or flight risk, as appropriate.
(2) If the State seeks to file a second or subsequent
petition under this Section, the State shall be required

SB3574 - 128 - LRB103 34161 LNS 63981 b
to present a verified application setting forth in detail
any new facts not known or obtainable at the time of the
filing of the previous petition.
(e) Eligibility: All defendants shall be presumed eligible
for pretrial release, and the State shall bear the burden of
proving by clear and convincing evidence that:
(1) the proof is evident or the presumption great that
the defendant has committed an offense listed in
subsection (a), and
(2) for offenses listed in paragraphs (1) through (7)
of subsection (a), the defendant poses a real and present
threat to the safety of any person or persons or the
community, based on the specific articulable facts of the
case, by conduct which may include, but is not limited to,
a forcible felony, the obstruction of justice,
intimidation, injury, or abuse as defined by paragraph (1)
of Section 103 of the Illinois Domestic Violence Act of
1986, and
(3) no condition or combination of conditions set
forth in subsection (b) of Section 110-10 of this Article
can mitigate (i) the real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, for offenses
listed in paragraphs (1) through (7) of subsection (a), or
(ii) the defendant's willful flight for offenses listed in
paragraph (8) of subsection (a), and

SB3574 - 129 - LRB103 34161 LNS 63981 b
(4) for offenses under subsection (b) of Section 407
of the Illinois Controlled Substances Act that are subject
to paragraph (1) of subsection (a), no condition or
combination of conditions set forth in subsection (b) of
Section 110-10 of this Article can mitigate the real and
present threat to the safety of any person or persons or
the community, based on the specific articulable facts of
the case, and the defendant poses a serious risk to not
appear in court as required.
(f) Conduct of the hearings.
(1) Prior to the hearing, the State shall tender to
the defendant copies of the defendant's criminal history
available, any written or recorded statements, and the
substance of any oral statements made by any person, if
relied upon by the State in its petition, and any police
reports in the prosecutor's possession at the time of the
hearing.
(2) The State or defendant may present evidence at the
hearing by way of proffer based upon reliable information.
(3) The defendant has the right to be represented by
counsel, and if he or she is indigent, to have counsel
appointed for him or her. The defendant shall have the
opportunity to testify, to present witnesses on his or her
own behalf, and to cross-examine any witnesses that are
called by the State. Defense counsel shall be given
adequate opportunity to confer with the defendant before

SB3574 - 130 - LRB103 34161 LNS 63981 b
any hearing at which conditions of release or the
detention of the defendant are to be considered, with an
accommodation for a physical condition made to facilitate
attorney/client consultation. If defense counsel needs to
confer or consult with the defendant during any hearing
conducted via a two-way audio-visual communication system,
such consultation shall not be recorded and shall be
undertaken consistent with constitutional protections.
(3.5) A hearing at which pretrial release may be
denied must be conducted in person (and not by way of
two-way audio visual communication) unless the accused
waives the right to be present physically in court, the
court determines that the physical health and safety of
any person necessary to the proceedings would be
endangered by appearing in court, or the chief judge of
the circuit orders use of that system due to operational
challenges in conducting the hearing in person. Such
operational challenges must be documented and approved by
the chief judge of the circuit, and a plan to address the
challenges through reasonable efforts must be presented
and approved by the Administrative Office of the Illinois
Courts every 6 months.
(4) If the defense seeks to compel the complaining
witness to testify as a witness in its favor, it shall
petition the court for permission. When the ends of
justice so require, the court may exercise its discretion

SB3574 - 131 - LRB103 34161 LNS 63981 b
and compel the appearance of a complaining witness. The
court shall state on the record reasons for granting a
defense request to compel the presence of a complaining
witness only on the issue of the defendant's pretrial
detention. In making a determination under this Section,
the court shall state on the record the reason for
granting a defense request to compel the presence of a
complaining witness, and only grant the request if the
court finds by clear and convincing evidence that the
defendant will be materially prejudiced if the complaining
witness does not appear. Cross-examination of a
complaining witness at the pretrial detention hearing for
the purpose of impeaching the witness' credibility is
insufficient reason to compel the presence of the witness.
In deciding whether to compel the appearance of a
complaining witness, the court shall be considerate of the
emotional and physical well-being of the witness. The
pre-trial detention hearing is not to be used for purposes
of discovery, and the post arraignment rules of discovery
do not apply. The State shall tender to the defendant,
prior to the hearing, copies, if any, of the defendant's
criminal history, if available, and any written or
recorded statements and the substance of any oral
statements made by any person, if in the State's
Attorney's possession at the time of the hearing.
(5) The rules concerning the admissibility of evidence

SB3574 - 132 - LRB103 34161 LNS 63981 b
in criminal trials do not apply to the presentation and
consideration of information at the hearing. At the trial
concerning the offense for which the hearing was conducted
neither the finding of the court nor any transcript or
other record of the hearing shall be admissible in the
State's case-in-chief, but shall be admissible for
impeachment, or as provided in Section 115-10.1 of this
Code, or in a perjury proceeding.
(6) The defendant may not move to suppress evidence or
a confession, however, evidence that proof of the charged
crime may have been the result of an unlawful search or
seizure, or both, or through improper interrogation, is
relevant in assessing the weight of the evidence against
the defendant.
(7) Decisions regarding release, conditions of
release, and detention prior to trial must be
individualized, and no single factor or standard may be
used exclusively to order detention. Risk assessment tools
may not be used as the sole basis to deny pretrial release.
(g) Factors to be considered in making a determination of
dangerousness. The court may, in determining whether the
defendant poses a real and present threat to the safety of any
person or persons or the community, based on the specific
articulable facts of the case, consider, but shall not be
limited to, evidence or testimony concerning:
(1) The nature and circumstances of any offense

SB3574 - 133 - LRB103 34161 LNS 63981 b
charged, including whether the offense is a crime of
violence, involving a weapon, or a sex offense.
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of such behavior. Such evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations, or other proceedings.
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history which
tends to indicate a violent, abusive, or assaultive
nature, or lack of any such history.
(3) The identity of any person or persons to whose
safety the defendant is believed to pose a threat, and the
nature of the threat.
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them.
(5) The age and physical condition of the defendant.
(6) The age and physical condition of any victim or
complaining witness.
(7) Whether the defendant is known to possess or have
access to any weapon or weapons.
(8) Whether, at the time of the current offense or any

SB3574 - 134 - LRB103 34161 LNS 63981 b
other offense or arrest, the defendant was on probation,
parole, aftercare release, mandatory supervised release or
other release from custody pending trial, sentencing,
appeal or completion of sentence for an offense under
federal or state law.
(9) Any other factors, including those listed in
Section 110-5 of this Article deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive, or assaultive behavior,
or lack of such behavior.
(h) Detention order. The court shall, in any order for
detention:
(1) make a written finding summarizing the court's
reasons for concluding that the defendant should be denied
pretrial release, including why less restrictive
conditions would not avoid a real and present threat to
the safety of any person or persons or the community,
based on the specific articulable facts of the case, or
prevent the defendant's willful flight from prosecution;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his or her choice by
visitation, mail and telephone; and

SB3574 - 135 - LRB103 34161 LNS 63981 b
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(i) Detention. If the court enters an order for the
detention of the defendant pursuant to subsection (e) of this
Section, the defendant shall be brought to trial on the
offense for which he is detained within 90 days after the date
on which the order for detention was entered. If the defendant
is not brought to trial within the 90-day period required by
the preceding sentence, he shall not be denied pretrial
release. In computing the 90-day period, the court shall omit
any period of delay resulting from a continuance granted at
the request of the defendant and any period of delay resulting
from a continuance granted at the request of the State with
good cause shown pursuant to Section 103-5.
(i-5) At each subsequent appearance of the defendant
before the court, the judge must find that continued detention
is necessary to avoid a real and present threat to the safety
of any person or persons or the community, based on the
specific articulable facts of the case, or to prevent the
defendant's willful flight from prosecution.
(j) Rights of the defendant. The defendant shall be
entitled to appeal any order entered under this Section
denying his or her pretrial release.
(k) Appeal. The State may appeal any order entered under
this Section denying any motion for denial of pretrial

SB3574 - 136 - LRB103 34161 LNS 63981 b
release.
(l) Presumption of innocence. Nothing in this Section
shall be construed as modifying or limiting in any way the
defendant's presumption of innocence in further criminal
proceedings.
(m) Interest of victims.
(1) Crime victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain a protective order.
(2) If the defendant is denied pretrial release, the court
may impose a no contact provision with the victim or other
interested party that shall be enforced while the defendant
remains in custody.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
(725 ILCS 5/112A-2.5)
Sec. 112A-2.5. Types of protective orders. The following
protective orders may be entered in conjunction with a
delinquency petition or a criminal prosecution:
(1) a domestic violence order of protection in cases
involving domestic violence;
(2) a civil no contact order in cases involving sexual
offenses; or
(3) a stalking or harassment no contact order in cases

SB3574 - 137 - LRB103 34161 LNS 63981 b
involving stalking offenses.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In this Article:
"Advocate" means a person whose communications with the
victim are privileged under Section 8-802.1 or 8-802.2 of the
Code of Civil Procedure or Section 227 of the Illinois
Domestic Violence Act of 1986.
"Named victim" means the person named as the victim in the
delinquency petition or criminal prosecution.
"Protective order" means a domestic violence order of
protection, a civil no contact order, or a stalking or
harassment no contact order.
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this
Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal
liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or
person in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1) of this subsection (b).
(3) "Family or household members" include spouses,

SB3574 - 138 - LRB103 34161 LNS 63981 b
former spouses, parents, children, stepchildren, and other
persons related by blood or by present or prior marriage,
persons who share or formerly shared a common dwelling,
persons who have or allegedly have a child in common,
persons who share or allegedly share a blood relationship
through a child, persons who have or have had a dating or
engagement relationship, persons with disabilities and
their personal assistants, and caregivers as defined in
subsection (e) of Section 12-4.4a of the Criminal Code of
2012. For purposes of this paragraph (3), neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed
to constitute a dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable
under the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to
the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;

SB3574 - 139 - LRB103 34161 LNS 63981 b
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other
place occupied by petitioner or by peering in
petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following
an actual or attempted improper removal or
concealment, unless respondent was fleeing from an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel
another to engage in conduct from which she or he has a
right to abstain or to refrain from conduct in which she or
he has a right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health, or
disability to participation in or the witnessing of:
physical force against another or physical confinement or

SB3574 - 140 - LRB103 34161 LNS 63981 b
restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" or "domestic violence order
of protection" means an ex parte or final order, granted
pursuant to this Article, which includes any or all of the
remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named
petitioner for the domestic violence order of protection
and any named victim of abuse on whose behalf the petition
is brought, but also any other person protected by this
Article.
(9) "Physical abuse" includes sexual abuse and means
any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for a domestic
violence order of protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and

SB3574 - 141 - LRB103 34161 LNS 63981 b
written notes), or through third parties who may or may
not know about the domestic violence order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk
of physical, mental or emotional harm, except with regard
to medical care and treatment when such dependent person
has expressed the intent to forgo such medical care or
treatment. This paragraph (10) does not create any new
affirmative duty to provide support to dependent persons.
(c) For the purposes of cases involving sexual offenses,
the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.5 of this Code.
(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner
for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual

SB3574 - 142 - LRB103 34161 LNS 63981 b
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under
this Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or
any part of the body of a child under 13 years of age, or
any transfer or transmission of semen by the respondent
upon any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or
arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or
anus of another person, including, but not limited to,
cunnilingus, fellatio, or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical
presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or

SB3574 - 143 - LRB103 34161 LNS 63981 b
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
The incarceration of a person in a penal institution who
commits the course of conduct is not a bar to prosecution.
(2) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the
victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace

SB3574 - 144 - LRB103 34161 LNS 63981 b
or residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the
stalking or harassment no contact order or any named
victim of stalking on whose behalf the petition is
brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge
of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging in a course of conduct
directed at a specific person, and he or she knows or
should know that this course of conduct would cause a
reasonable person to fear for his or her safety or the
safety of a third person or suffer emotional distress.
"Stalking" does not include an exercise of the right to
free speech or assembly that is otherwise lawful or
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of

SB3574 - 145 - LRB103 34161 LNS 63981 b
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking or harassment no contact order" means an
ex parte or final order granted under this Article, which
includes a remedy authorized by Section 112A-14.7 of this
Code.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection
may be filed:
(1) by a named victim who has been abused by a family
or household member;
(2) by any person or by the State's Attorney on behalf
of a named victim who is a minor child or an adult who has
been abused by a family or household member and who,
because of age, health, disability, or inaccessibility,
cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition; or
(4) any of the following persons if the person is
abused by a family or household member of a child:
(i) a foster parent of that child if the child has

SB3574 - 146 - LRB103 34161 LNS 63981 b
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(ii) a legally appointed guardian or legally
appointed custodian of that child;
(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child
if the child has been placed in the prospective
adoptive parent's home pursuant to the Adoption Act or
pursuant to another state's law.
For purposes of this paragraph (a)(4), individuals who
would have been considered "family or household members" of
the child under paragraph (3) of subsection (b) of Section
112A-3 before a termination of the parental rights with
respect to the child continue to meet the definition of
"family or household members" of the child.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a named victim of
non-consensual sexual conduct or non-consensual sexual
penetration, including a single incident of non-consensual
sexual conduct or non-consensual sexual penetration;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of non-consensual sexual conduct or non-consensual
sexual penetration but, because of age, disability,
health, or inaccessibility, cannot file the petition;

SB3574 - 147 - LRB103 34161 LNS 63981 b
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.
(c) A petition for a stalking or harassment no contact
order may be filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability,
health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State

SB3574 - 148 - LRB103 34161 LNS 63981 b
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.
(d) The State's Attorney shall file a petition on behalf
of any person who may file a petition under subsections (a),
(b), or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that
the State's Attorney will not be filing the petition at that
time and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice

SB3574 - 149 - LRB103 34161 LNS 63981 b
of law when providing assistance to the petitioner.
(e) Any petition properly filed under this Article may
seek protection for any additional persons protected by this
Article.
(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
(725 ILCS 5/112A-5.5)
Sec. 112A-5.5. Time for filing petition; service on
respondent, hearing on petition, and default orders.
(a) A petition for a protective order may be filed at any
time, in person or online, after a criminal charge or
delinquency petition is filed and before the charge or
delinquency petition is dismissed, the defendant or juvenile
is acquitted, or the defendant or juvenile completes service
of his or her sentence.
(b) The request for an ex parte protective order may be
considered without notice to the respondent under Section
112A-17.5 of this Code.
(c) A summons shall be issued and served for a protective
order. The summons may be served by delivery to the respondent
personally in open court in the criminal or juvenile
delinquency proceeding, in the form prescribed by subsection
(d) of Supreme Court Rule 101, except that it shall require the
respondent to answer or appear within 7 days. Attachments to
the summons shall include the petition for protective order,
supporting affidavits, if any, and any ex parte protective

SB3574 - 150 - LRB103 34161 LNS 63981 b
order that has been issued.
(d) The summons shall be served by the sheriff or other law
enforcement officer at the earliest time available and shall
take precedence over any other summons, except those of a
similar emergency nature. Attachments to the summons shall
include the petition for protective order, supporting
affidavits, if any, and any ex parte protective order that has
been issued. 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
the 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.
(e) If the respondent is not served within 30 days of the
filing of the petition, the court shall schedule a court
proceeding on the issue of service. Either the petitioner, the
petitioner's counsel, or the State's Attorney shall appear and
the court shall either order continued attempts at personal
service or shall order service by publication, in accordance
with Sections 2-203, 2-206, and 2-207 of the Code of Civil
Procedure.
(f) The request for a final protective order can be
considered at any court proceeding in the delinquency or
criminal case after service of the petition. If the petitioner

SB3574 - 151 - LRB103 34161 LNS 63981 b
has not been provided notice of the court proceeding at least
10 days in advance of the proceeding, the court shall schedule
a hearing on the petition and provide notice to the
petitioner.
(f-5) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a protective order. The court has the discretion to grant or
deny the request for a remote hearing. Each court shall
determine the procedure for a remote hearing. The petitioner
and respondent may appear remotely or in person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(g) Default orders.
(1) A final domestic violence order of protection may
be entered by default:
(A) for any of the remedies sought in the
petition, if the respondent has been served with
documents under subsection (b) or (c) of this Section
and if the respondent fails to appear on the specified

SB3574 - 152 - LRB103 34161 LNS 63981 b
return date or any subsequent hearing date agreed to
by the petitioner and respondent or set by the court;
or
(B) for any of the remedies provided under
paragraph (1), (2), (3), (5), (6), (7), (8), (9),
(10), (11), (14), (15), (17), or (18) of subsection
(b) of Section 112A-14 of this Code, or if the
respondent fails to answer or appear in accordance
with the date set in the publication notice or the
return date indicated on the service of a household
member.
(2) A final civil no contact order may be entered by
default for any of the remedies provided in Section
112A-14.5 of this Code, if the respondent has been served
with documents under subsection (b) or (c) of this
Section, and if the respondent fails to answer or appear
in accordance with the date set in the publication notice
or the return date indicated on the service of a household
member.
(3) A final stalking or harassment no contact order
may be entered by default for any of the remedies provided
by Section 112A-14.7 of this Code, if the respondent has
been served with documents under subsection (b) or (c) of
this Section and if the respondent fails to answer or
appear in accordance with the date set in the publication
notice or the return date indicated on the service of a

SB3574 - 153 - LRB103 34161 LNS 63981 b
household member.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking or harassment 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 or harassment 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

SB3574 - 154 - LRB103 34161 LNS 63981 b
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 or harassment 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

SB3574 - 155 - LRB103 34161 LNS 63981 b
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

SB3574 - 156 - LRB103 34161 LNS 63981 b
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 or harassment 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 State Police Firearm Owner's Identification Card
Office.
(Source: P.A. 102-538, eff. 8-20-21.)

SB3574 - 157 - LRB103 34161 LNS 63981 b
(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;

SB3574 - 158 - LRB103 34161 LNS 63981 b
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

SB3574 - 159 - LRB103 34161 LNS 63981 b
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),

SB3574 - 160 - LRB103 34161 LNS 63981 b
(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 or harassment no contact
order in cases involving stalking offenses. An ex parte
stalking or harassment 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

SB3574 - 161 - LRB103 34161 LNS 63981 b
(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

SB3574 - 162 - LRB103 34161 LNS 63981 b
Agencies Data System by the Illinois 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

SB3574 - 163 - LRB103 34161 LNS 63981 b
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.

SB3574 - 164 - LRB103 34161 LNS 63981 b
(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

SB3574 - 165 - LRB103 34161 LNS 63981 b
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. 102-538, eff. 8-20-21.)
(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

SB3574 - 166 - LRB103 34161 LNS 63981 b
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;
(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;
(5) permanent for a stalking or harassment no contact
order if a judgment of conviction for stalking is entered;
or
(6) permanent for a civil no contact order at the
victim's request if a judgment of conviction for criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, excluding a conviction under
subsection (c) of Section 11-1.50 of the Criminal Code of
2012, or aggravated criminal sexual abuse 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

SB3574 - 167 - LRB103 34161 LNS 63981 b
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 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 or Harassment No Contact Order as appropriate.
(f) Termination date. Any final protective order which

SB3574 - 168 - LRB103 34161 LNS 63981 b
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. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(725 ILCS 5/112A-21.7)
Sec. 112A-21.7. Contents of stalking or harassment no
contact orders.
(a) Any stalking or harassment no contact order shall
describe each remedy granted by the court, in reasonable
detail and not by reference to any other document, so that the
respondent may clearly understand what he or she must do or
refrain from doing.
(b) A stalking or harassment no contact order shall
further state the following:
(1) The name of each petitioner that the court finds
was the victim of stalking by the respondent.
(2) The date and time the stalking or harassment no
contact order was issued.
(c) A stalking or harassment no contact order shall
include the following notice, printed in conspicuous type:
"An initial knowing violation of a stalking or

SB3574 - 169 - LRB103 34161 LNS 63981 b
harassment no contact order is a Class A misdemeanor. Any
second or subsequent knowing violation is a Class 4
felony."
"This Stalking or Harassment No Contact Order is
enforceable, even without registration, in all 50 states,
the District of Columbia, tribal lands, and the U.S.
territories under the Violence Against Women Act (18
U.S.C. 2265)."
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding or
by a military tribunal, shall be enforced by a criminal court
when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 112A-14
of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (2), (3),
(14), or (14.5) of subsection (b) of Section 214 of the

SB3574 - 170 - LRB103 34161 LNS 63981 b
Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the
laws of another state, tribe, or United States
territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph (5), (6), or
(8) of subsection (b) of Section 112A-14 of this Code,
or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph (1), (5), (6),
or (8) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986, in a valid domestic
violence order of protection, which is authorized
under the laws of another state, tribe, or United
States territory.

SB3574 - 171 - LRB103 34161 LNS 63981 b
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking or harassment no contact order when the
respondent violates Section 12-3.9 of the Criminal Code of
2012. Prosecution for a violation of a stalking or
harassment no contact order shall not bar concurrent
prosecution for any other crime, including any crime that
may have been committed at the time of the violation of the
stalking or harassment no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding or by a military tribunal, may be enforced
through civil or criminal contempt procedures, as appropriate,
by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to
the extent consistent with the venue provisions of this
Article. Nothing in this Article shall preclude any Illinois
court from enforcing any valid protective order issued in
another state. Illinois courts may enforce protective orders
through both criminal prosecution and contempt proceedings,

SB3574 - 172 - LRB103 34161 LNS 63981 b
unless the action which is second in time is barred by
collateral estoppel or the constitutional prohibition against
double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b)
of Section 112A-14 of this Code may be enforced by any remedy
provided by Section 607.5 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 of this Code in the manner provided for under
Parts V and VII of the Illinois Marriage and Dissolution of
Marriage Act.
(d) Actual knowledge. A protective order may be enforced

SB3574 - 173 - LRB103 34161 LNS 63981 b
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the

SB3574 - 174 - LRB103 34161 LNS 63981 b
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection (a) or (b) of
this Section, the penalty shall be the penalty that
generally applies in such criminal or contempt
proceedings, and may include one or more of the following:
incarceration, payment of restitution, a fine, payment of
attorneys' fees and costs, or community service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent

SB3574 - 175 - LRB103 34161 LNS 63981 b
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
5-19-22.)
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of
orders.
(a) Except as otherwise provided in this Section, upon
motion by petitioner, petitioner's counsel, or the State's
Attorney on behalf of the petitioner, the court may modify a

SB3574 - 176 - LRB103 34161 LNS 63981 b
protective order:
(1) If respondent has abused petitioner since the
hearing for that order, by adding or altering one or more
remedies, as authorized by Section 112A-14, 112A-14.5, or
112A-14.7 of this Code; and
(2) Otherwise, by adding any remedy authorized by
Section 112A-14, 112A-14.5, or 112A-14.7 which was:
(i) reserved in that protective order;
(ii) not requested for inclusion in that
protective order; or
(iii) denied on procedural grounds, but not on the
merits.
(a-5) A petitioner, petitioner's counsel, or the State's
Attorney on the petitioner's behalf may file a motion to
vacate or modify a final stalking or harassment no contact
order. The motion shall be served in accordance with Supreme
Court Rules 11 and 12.
(b) Upon motion by the petitioner, petitioner's counsel,
State's Attorney, or respondent, the court may modify any
prior domestic violence order of protection's remedy for
custody, visitation or payment of support in accordance with
the relevant provisions of the Illinois Marriage and
Dissolution of Marriage Act.
(c) After 30 days following the entry of a protective
order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered

SB3574 - 177 - LRB103 34161 LNS 63981 b
warrant a modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise
available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to violation of a domestic violence order of
protection, under Section 12-3.4 or 12-30 of the Criminal Code
of 1961 or the Criminal Code of 2012, violation of a civil no
contact order, under Section 11-1.75 of the Criminal Code of
2012, or violation of a stalking or harassment no contact
order, under Section 12-7.5A of the Criminal Code of 2012,
even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence
of a protective order by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by petitioner or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)

SB3574 - 178 - LRB103 34161 LNS 63981 b
(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 State
Police, daily, in the form and detail the Illinois State
Police requires, copies of any recorded protective orders
issued by the court, and any foreign protective orders,
including, but not limited to, an order of protection issued
by a military tribunal, 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 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
or harassment no contact order issued in a civil

SB3574 - 179 - LRB103 34161 LNS 63981 b
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. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
Section 25. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 3 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act shall have the following
meanings:
(a) "Crime victim" or "victim" means: (1) any natural
person determined by the prosecutor or the court to have
suffered direct physical or psychological harm as a result of
a violent crime perpetrated or attempted against that person
or direct physical or psychological harm as a result of (i) a
violation of Section 11-501 of the Illinois Vehicle Code or
similar provision of a local ordinance or (ii) a violation of
Section 9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012; (2) in the case of a crime victim who is under 18
years of age or an adult victim who is incompetent or
incapacitated, both parents, legal guardians, foster parents,
or a single adult representative; (3) in the case of an adult
deceased victim, 2 representatives who may be the spouse,
parent, child or sibling of the victim, or the representative

SB3574 - 180 - LRB103 34161 LNS 63981 b
of the victim's estate; and (4) an immediate family member of a
victim under clause (1) of this paragraph (a) chosen by the
victim. If the victim is 18 years of age or over, the victim
may choose any person to be the victim's representative. In no
event shall the defendant or any person who aided and abetted
in the commission of the crime be considered a victim, a crime
victim, or a representative of the victim.
A board, agency, or other governmental entity making
decisions regarding an offender's release, sentence reduction,
or clemency can determine additional persons are victims for
the purpose of its proceedings.
(a-3) "Advocate" means a person whose communications with
the victim are privileged under Section 8-802.1 or 8-802.2 of
the Code of Civil Procedure, or Section 227 of the Illinois
Domestic Violence Act of 1986.
(a-5) "Confer" means to consult together, share
information, compare opinions and carry on a discussion or
deliberation.
(a-7) "Sentence" includes, but is not limited to, the
imposition of sentence, a request for a reduction in sentence,
parole, mandatory supervised release, aftercare release, early
release, inpatient treatment, outpatient treatment,
conditional release after a finding that the defendant is not
guilty by reason of insanity, clemency, or a proposal that
would reduce the defendant's sentence or result in the
defendant's release. "Early release" refers to a discretionary

SB3574 - 181 - LRB103 34161 LNS 63981 b
release.
(a-9) "Sentencing" includes, but is not limited to, the
imposition of sentence and a request for a reduction in
sentence, parole, mandatory supervised release, aftercare
release, early release, consideration of inpatient treatment
or outpatient treatment, or conditional release after a
finding that the defendant is not guilty by reason of
insanity.
(a-10) "Status hearing" means a hearing designed to
provide information to the court, at which no motion of a
substantive nature and no constitutional or statutory right of
a crime victim is implicated or at issue.
(b) "Witness" means: any person who personally observed
the commission of a crime and who will testify on behalf of the
State of Illinois; or a person who will be called by the
prosecution to give testimony establishing a necessary nexus
between the offender and the violent crime.
(c) "Violent crime" means: (1) any felony in which force
or threat of force was used against the victim; (2) any offense
involving sexual exploitation, sexual conduct, or sexual
penetration; (3) a violation of Section 11-20.1, 11-20.1B,
11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
Criminal Code of 2012; (4) domestic battery or stalking; (5)
violation of an order of protection, a civil no contact order,
or a stalking or harassment no contact order; (6) any
misdemeanor which results in death or great bodily harm to the

SB3574 - 182 - LRB103 34161 LNS 63981 b
victim; or (7) any violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or Section 11-501 of
the Illinois Vehicle Code, or a similar provision of a local
ordinance, if the violation resulted in personal injury or
death. "Violent crime" includes any action committed by a
juvenile that would be a violent crime if committed by an
adult. For the purposes of this paragraph, "personal injury"
shall include any Type A injury as indicated on the traffic
crash report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's
office or medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(d) (Blank).
(e) "Court proceedings" includes, but is not limited to,
the preliminary hearing, any post-arraignment hearing the
effect of which may be the release of the defendant from
custody or to alter the conditions of bond, change of plea
hearing, the trial, any pretrial or post-trial hearing,
sentencing, any oral argument or hearing before an Illinois
appellate court, any hearing under the Mental Health and
Developmental Disabilities Code or Section 5-2-4 of the
Unified Code of Corrections after a finding that the defendant
is not guilty by reason of insanity, including a hearing for
conditional release, any hearing related to a modification of
sentence, probation revocation hearing, aftercare release or

SB3574 - 183 - LRB103 34161 LNS 63981 b
parole hearings, post-conviction relief proceedings, habeas
corpus proceedings and clemency proceedings related to the
defendant's conviction or sentence. For purposes of the
victim's right to be present, "court proceedings" does not
include (1) grand jury proceedings, (2) status hearings, or
(3) the issuance of an order or decision of an Illinois court
that dismisses a charge, reverses a conviction, reduces a
sentence, or releases an offender under a court rule.
(f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(g) "Victim's attorney" means an attorney retained by the
victim for the purposes of asserting the victim's
constitutional and statutory rights. An attorney retained by
the victim means an attorney who is hired to represent the
victim at the victim's expense or an attorney who has agreed to
provide pro bono representation. Nothing in this statute
creates a right to counsel at public expense for a victim.
(h) "Support person" means a person chosen by a victim to
be present at court proceedings.
(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
Section 30. The Unified Code of Corrections is amended by
changing Sections 3-2.5-95 and 3-3-7 as follows:
(730 ILCS 5/3-2.5-95)

SB3574 - 184 - LRB103 34161 LNS 63981 b
Sec. 3-2.5-95. Conditions of aftercare release.
(a) The conditions of aftercare release for all youth
committed to the Department under the Juvenile Court Act of
1987 shall be such as the Department of Juvenile Justice deems
necessary to assist the youth in leading a law-abiding life.
The conditions of every aftercare release are that the youth:
(1) not violate any criminal statute of any
jurisdiction during the aftercare release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
the youth at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist
to discharge his or her duties;
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
or Illinois Department of Juvenile Justice facility;
(7) report all arrests to an agent of the Department
as soon as permitted by the arresting authority but in no
event later than 24 hours after release from custody and
immediately report service or notification of an order of
protection, a civil no contact order, or a stalking or
harassment no contact order to an agent of the Department;
(8) obtain permission of an agent of the Department

SB3574 - 185 - LRB103 34161 LNS 63981 b
before leaving the State of Illinois;
(9) obtain permission of an agent of the Department
before changing his or her residence or employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by an agent of the
Department;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her aftercare
specialist and not associate with persons who are members
of an organized gang as that term is defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
aftercare release or to his or her conduct while
incarcerated, in response to inquiries by an agent of the
Department;
(15) follow any specific instructions provided by the
agent that are consistent with furthering conditions set
and approved by the Department or by law to achieve the

SB3574 - 186 - LRB103 34161 LNS 63981 b
goals and objectives of his or her aftercare release or to
protect the public; these instructions by the agent may be
modified at any time, as the agent deems appropriate;
(16) comply with the terms and conditions of an order
of protection issued under the Illinois Domestic Violence
Act of 1986; an order of protection issued by the court of
another state, tribe, or United States territory; a no
contact order issued under the Civil No Contact Order Act;
or a no contact order issued under the Stalking or
Harassment No Contact Order Act;
(17) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, and a sex offender
treatment provider has evaluated and recommended further
sex offender treatment while on aftercare release, the
youth shall undergo treatment by a sex offender treatment
provider or associate sex offender provider as defined in
the Sex Offender Management Board Act at his or her
expense based on his or her ability to pay for the
treatment;
(18) 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

SB3574 - 187 - LRB103 34161 LNS 63981 b
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, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(19) if convicted for an offense that would qualify
the offender as a sexual predator under the Sex Offender
Registration Act wear an approved electronic monitoring
device as defined in Section 5-8A-2 for the duration of
the youth's aftercare release term and if convicted for an
offense of criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, aggravated criminal sexual
abuse, or ritualized abuse of a child when the victim was
under 18 years of age at the time of the commission of the
offense and the offender used force or the threat of force
in the commission of the offense wear an approved
electronic monitoring device as defined in Section 5-8A-2
that has Global Positioning System (GPS) capability for
the duration of the youth's aftercare release term;
(20) if convicted for an offense that would qualify
the offender 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

SB3574 - 188 - LRB103 34161 LNS 63981 b
contacting, by means of the Internet, a person who is not
related to the offender and whom the offender reasonably
believes to be under 18 years of age; for purposes of this
paragraph (20), "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 offender if the person is not:
(A) the spouse, brother, or sister of the offender; (B) a
descendant of the offender; (C) a first or second cousin
of the offender; or (D) a step-child or adopted child of
the offender;
(21) if 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, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(22) if convicted for an offense that would qualify
the offender as a sex offender or sexual predator under
the Sex Offender Registration Act, not possess
prescription drugs for erectile dysfunction;
(23) 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

SB3574 - 189 - LRB103 34161 LNS 63981 b
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, 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 the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's expense, of one or more hardware or software
systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;
(24) if convicted of a sex offense as defined in the
Sex Offender Registration Act, refrain from accessing or
using a social networking website as defined in Section
17-0.5 of the Criminal Code of 2012;

SB3574 - 190 - LRB103 34161 LNS 63981 b
(25) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act that
requires the youth to register as a sex offender under
that Act, not knowingly use any computer scrub software on
any computer that the youth uses;
(26) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
youth is a parent or guardian of a 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;
(27) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code; and
(28) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing

SB3574 - 191 - LRB103 34161 LNS 63981 b
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Department may in addition to other conditions
require that the youth:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
aftercare release;
(4) support his or her dependents;
(5) if convicted for an offense that would qualify the
youth 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 youth
and whom the youth reasonably believes to be under 18
years of age; for purposes of this paragraph (5),
"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 youth if the person is: (A) the spouse,
brother, or sister of the youth; (B) a descendant of the
youth; (C) a first or second cousin of the youth; or (D) a

SB3574 - 192 - LRB103 34161 LNS 63981 b
step-child or adopted child of the youth;
(6) if convicted for an offense that would qualify as
a sex offense as defined in the Sex Offender Registration
Act:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, 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 the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;
and
(7) in addition to other conditions:

SB3574 - 193 - LRB103 34161 LNS 63981 b
(A) reside with his or her parents or in a foster
home;
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home or
in a foster home.
(c) In addition to the conditions under subsections (a)
and (b) of this Section, youths required to register as sex
offenders under the Sex Offender Registration Act, upon
release from the custody of the Department of Juvenile
Justice, may be required by the Department to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
prior to accepting employment or pursuing a course of
study or vocational training and notify the Department
prior to any change in employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department;
(6) be electronically monitored for a specified period

SB3574 - 194 - LRB103 34161 LNS 63981 b
of time from the date of release as determined by the
Department;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department; these terms may include consideration of
the purpose of the entry, the time of day, and others
accompanying the youth;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including, but not limited to, visual, auditory,
telephonic, or electronic media, or any matter obtained
through access to any computer or material linked to

SB3574 - 195 - LRB103 34161 LNS 63981 b
computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department and immediately report any incidental contact
with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department;
(15) comply with all other special conditions that the
Department may impose that restrict the youth from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
Department before driving alone in a motor vehicle.
(d) The conditions under which the aftercare release is to
be served shall be communicated to the youth in writing prior

SB3574 - 196 - LRB103 34161 LNS 63981 b
to his or her release, and he or she shall sign the same before
release. A signed copy of these conditions, including a copy
of an order of protection if one had been issued by the
criminal court, shall be retained by the youth and another
copy forwarded to the officer or aftercare specialist in
charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the
Department of Juvenile Justice may modify or enlarge the
conditions of aftercare release.
(f) The Department shall inform all youth of the optional
services available to them upon release and shall assist youth
in availing themselves of the optional services upon their
release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
(Text of Section before amendment by P.A. 103-271)
Sec. 3-3-7. Conditions of parole or mandatory supervised
release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised
release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;

SB3574 - 197 - LRB103 34161 LNS 63981 b
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department
of Corrections as soon as permitted by the arresting
authority but in no event later than 24 hours after
release from custody and immediately report service or
notification of an order of protection, a civil no contact
order, or a stalking or harassment no contact order to an
agent of the Department of Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;

SB3574 - 198 - LRB103 34161 LNS 63981 b
(7.6) 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, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the
effective date of Public Act 94-988), wear an approved
electronic monitoring device as defined in Section 5-8A-2
for the duration of the person's parole, mandatory
supervised release term, or extended mandatory supervised
release term and if convicted for an offense of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, aggravated criminal sexual abuse, or
ritualized abuse of a child committed on or after August

SB3574 - 199 - LRB103 34161 LNS 63981 b
11, 2009 (the effective date of Public Act 96-236) when
the victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term;
(7.8) 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 (7.8),
"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;
(7.9) if convicted under Section 11-6, 11-20.1,

SB3574 - 200 - LRB103 34161 LNS 63981 b
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008
(the effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) 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 Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising

SB3574 - 201 - LRB103 34161 LNS 63981 b
agent, 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 Board, the Department or the offender's
supervising agent;
(7.12) 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;
(7.13) 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

SB3574 - 202 - LRB103 34161 LNS 63981 b
computer scrub software on any computer that the sex
offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not knowingly frequent places where controlled
substances are illegally sold, used, distributed, or
administered;
(13) except when the association described in either
subparagraph (A) or (B) of this paragraph (13) involves
activities related to community programs, worship
services, volunteering, engaging families, or some other
pro-social activity in which there is no evidence of
criminal intent:
(A) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent; or

SB3574 - 203 - LRB103 34161 LNS 63981 b
(B) not knowingly associate with persons who are
members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention
Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by
his or her parole agent or of the Department of
Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board
or by law, exclusive of placement on electronic detention,
to achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) 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

SB3574 - 204 - LRB103 34161 LNS 63981 b
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act;
(19) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(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;
(20) if convicted of a hate crime under Section 12-7.1

SB3574 - 205 - LRB103 34161 LNS 63981 b
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes 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 ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define
high level supervision based upon evidence-based and
research-based practices. Notwithstanding this
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly

SB3574 - 206 - LRB103 34161 LNS 63981 b
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by
the Prisoner Review Board.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the

SB3574 - 207 - LRB103 34161 LNS 63981 b
instruction or residence of persons on probation or
parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
after the effective date of this amendatory Act of the
95th General Assembly 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 (7.5), "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;
(7.6) 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

SB3574 - 208 - LRB103 34161 LNS 63981 b
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, 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 Board, the Department or the offender's
supervising agent; and
(8) in addition, if a minor:
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or

SB3574 - 209 - LRB103 34161 LNS 63981 b
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the
Board;
(7) refrain from entering into a designated geographic

SB3574 - 210 - LRB103 34161 LNS 63981 b
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of
day, and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department of
Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize

SB3574 - 211 - LRB103 34161 LNS 63981 b
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
officer before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or
she shall sign the same before release. A signed copy of these

SB3574 - 212 - LRB103 34161 LNS 63981 b
conditions, including a copy of an order of protection where
one had been issued by the criminal court, shall be retained by
the person and another copy forwarded to the officer in charge
of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of
such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
(Text of Section after amendment by P.A. 103-271)
Sec. 3-3-7. Conditions of parole or mandatory supervised
release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised
release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;

SB3574 - 213 - LRB103 34161 LNS 63981 b
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department
of Corrections as soon as permitted by the arresting
authority but in no event later than 24 hours after
release from custody and immediately report service or
notification of an order of protection, a civil no contact
order, or a stalking or harassment no contact order to an
agent of the Department of Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;

SB3574 - 214 - LRB103 34161 LNS 63981 b
(7.6) 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, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the
effective date of Public Act 94-988), wear an approved
electronic monitoring device as defined in Section 5-8A-2
for the duration of the person's parole, mandatory
supervised release term, or extended mandatory supervised
release term and if convicted for an offense of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, aggravated criminal sexual abuse, or
ritualized abuse of a child committed on or after August

SB3574 - 215 - LRB103 34161 LNS 63981 b
11, 2009 (the effective date of Public Act 96-236) when
the victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term;
(7.8) 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 (7.8),
"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;
(7.9) if convicted under Section 11-6, 11-20.1,

SB3574 - 216 - LRB103 34161 LNS 63981 b
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008
(the effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) 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 Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising

SB3574 - 217 - LRB103 34161 LNS 63981 b
agent, 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 Board, the Department or the offender's
supervising agent;
(7.12) 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;
(7.13) 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

SB3574 - 218 - LRB103 34161 LNS 63981 b
computer scrub software on any computer that the sex
offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by a parole agent of the
Department of Corrections if there is reasonable suspicion
of illicit drug use and the source of the reasonable
suspicion is documented in the Department's case
management system;
(12) not knowingly frequent places where controlled
substances are illegally sold, used, distributed, or
administered;
(13) except when the association described in either
subparagraph (A) or (B) of this paragraph (13) involves
activities related to community programs, worship
services, volunteering, engaging families, or some other
pro-social activity in which there is no evidence of
criminal intent:

SB3574 - 219 - LRB103 34161 LNS 63981 b
(A) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent; or
(B) not knowingly associate with persons who are
members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention
Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by
his or her parole agent or of the Department of
Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board
or by law, exclusive of placement on electronic detention,
to achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) 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

SB3574 - 220 - LRB103 34161 LNS 63981 b
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;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act;
(19) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(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

SB3574 - 221 - LRB103 34161 LNS 63981 b
having under his or her control any product containing
ammonium nitrate;
(20) if convicted of a hate crime under Section 12-7.1
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes 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 ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define
high level supervision based upon evidence-based and
research-based practices. Notwithstanding this

SB3574 - 222 - LRB103 34161 LNS 63981 b
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by
the Prisoner Review Board.
(b) The Board may after making an individualized
assessment pursuant to subsection (a) of Section 3-14-2 in
addition to other conditions require that the subject:
(1) work or pursue a course of study or vocational

SB3574 - 223 - LRB103 34161 LNS 63981 b
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
after the effective date of this amendatory Act of the
95th General Assembly 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 (7.5), "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;
(7.6) if convicted for an offense committed on or

SB3574 - 224 - LRB103 34161 LNS 63981 b
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 Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, 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 Board, the Department or the offender's
supervising agent; and
(8) (blank).
(b-1) In addition to the conditions set forth in

SB3574 - 225 - LRB103 34161 LNS 63981 b
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release following an
individualized assessment pursuant to subsection (a) of
Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the
Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of

SB3574 - 226 - LRB103 34161 LNS 63981 b
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of
day, and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department of
Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;

SB3574 - 227 - LRB103 34161 LNS 63981 b
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
officer before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or
she shall sign the same before release. A signed copy of these
conditions, including a copy of an order of protection where

SB3574 - 228 - LRB103 34161 LNS 63981 b
one had been issued by the criminal court, shall be retained by
the person and another copy forwarded to the officer in charge
of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of
such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24.)
Section 35. The Code of Civil Procedure is amended by
changing Section 21-103 as follows:
(735 ILCS 5/21-103)
(Text of Section before amendment by P.A. 102-1133)
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

SB3574 - 229 - LRB103 34161 LNS 63981 b
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 of for
dissolution of marriage or declaration of invalidity of
marriage and wishes to change his or her name to resume the use

SB3574 - 230 - LRB103 34161 LNS 63981 b
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 or
Harassment No Contact Order Act, the Civil No Contact
Order Act, Article 112A of the Code of Criminal Procedure

SB3574 - 231 - LRB103 34161 LNS 63981 b
of 1963, a condition of pretrial release under subsections
(b) through (d) of Section 110-10 of the Code of Criminal
Procedure of 1963, or a similar provision of a law in
another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
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.

SB3574 - 232 - LRB103 34161 LNS 63981 b
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; revised 3-6-23.)
(Text of Section after amendment by P.A. 102-1133)
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

SB3574 - 233 - LRB103 34161 LNS 63981 b
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 of for
dissolution of marriage or declaration of invalidity of
marriage and wishes to change his or her name to resume the use
of his or her former or maiden name.
(b-5) The court may issue an order directing that the
notice and publication requirement be waived for a change of
name involving a person who files with the court a statement,
verified under oath as provided under Section 1-109 of this
Code, that the person believes that publishing notice of the
name change would be a hardship, including, but not limited
to, a negative impact on the person's health or safety.
(b-6) In a case where waiver of the notice and publication
requirement is sought, the petition for waiver is presumed
granted and heard at the same hearing as the petition for name
change. The court retains discretion to determine whether a
hardship is shown and may order the petitioner to publish
thereafter.

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(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 also enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking or
Harassment No Contact Order Act, the Civil No Contact
Order Act, Article 112A of the Code of Criminal Procedure
of 1963, a condition of pretrial release under subsections
(b) through (d) of Section 110-10 of the Code of Criminal
Procedure of 1963, or a similar provision of a law in
another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a

SB3574 - 235 - LRB103 34161 LNS 63981 b
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. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
5-13-22; 102-1133, eff. 1-1-24; revised 3-6-23.)
Section 40. The Stalking No Contact Order Act is amended
by changing the title of the Act and Sections 1, 10, 15, 20,
25, 30, 40, 45, 55, 60, 70, 75, 80, 85, 90, 95, 100, 105, 110,
115, 117, 120, 125, 130, and 135 as follows:
(740 ILCS 21/Act title)

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An Act in relation to no contact orders stalking.
(740 ILCS 21/1)
Sec. 1. Short title. This Act may be cited as the Stalking
or Harassment No Contact Order Act.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/10)
Sec. 10. Definitions. For the purposes of this Act:
"Course of conduct" means 2 or more acts, including but
not limited to acts in which a respondent directly,
indirectly, or through third parties, by any action, method,
device, or means follows, monitors, observes, surveils, or
threatens a person, workplace, school, or place of worship,
engages in other contact, or interferes with or damages a
person's property or pet. A course of conduct may include
contact via electronic communications. The incarceration of a
person in a penal institution who commits the course of
conduct is not a bar to prosecution under this Section.
"Emotional distress" means significant mental suffering,
anxiety or alarm.
"Contact" includes any contact with the victim, that is
initiated or continued without the victim's consent, or that
is in disregard of the victim's expressed desire that the
contact be avoided or discontinued, including but not limited
to being in the physical presence of the victim; appearing

SB3574 - 237 - LRB103 34161 LNS 63981 b
within the sight of the victim; approaching or confronting the
victim in a public place or on private property; appearing at
the workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; placing an object on, or delivering an object to,
property owned, leased, or occupied by the victim; electronic
communication as defined in Section 26.5-0.1 of the Criminal
Code of 2012; and appearing at the prohibited workplace,
school, or place of worship.
"Harassment" means violence or threats of violence or
death, including a single act, directed at a specific person
which would cause a reasonable person to (i) fear for the
person's safety, the safety of a workplace, school, or place
of worship, or the safety of a third person or (ii) suffer
emotional distress.
"Petitioner" means any named petitioner for the stalking
or harassment no contact order or any named victim of stalking
on whose behalf the petition is brought. "Petitioner" includes
an authorized agent of a place of employment, an authorized
agent of a place of worship, or an authorized agent of a
school.
"Reasonable person" means a person in the petitioner's
circumstances with the petitioner's knowledge of the
respondent and the respondent's prior acts.
"Stalking" means engaging in a course of conduct directed
at a specific person, and he or she knows or should know that

SB3574 - 238 - LRB103 34161 LNS 63981 b
this course of conduct would cause a reasonable person to fear
for his or her safety, the safety of a workplace, school, or
place of worship, or the safety of a third person or suffer
emotional distress. Stalking does not include an exercise of
the right to free speech or assembly that is otherwise lawful
or picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute, including
any controversy concerning wages, salaries, hours, working
conditions or benefits, including health and welfare, sick
leave, insurance, and pension or retirement provisions, the
making or maintaining of collective bargaining agreements, and
the terms to be included in those agreements.
"Stalking or harassment no contact order" means an
emergency order or plenary order granted under this Act, which
includes a remedy authorized by Section 80 of this Act.
(Source: P.A. 102-220, eff. 1-1-22.)
(740 ILCS 21/15)
Sec. 15. Persons protected by this Act. A petition for a
stalking or harassment no contact order may be filed when
relief is not available to the petitioner under the Illinois
Domestic Violence Act of 1986:
(1) by any person who is a victim of stalking;
(2) by a person on behalf of a minor child or an adult
who is a victim of stalking but, because of age,
disability, health, or inaccessibility, cannot file the

SB3574 - 239 - LRB103 34161 LNS 63981 b
petition;
(3) by an authorized agent of a workplace;
(4) by an authorized agent of a place of worship; or
(5) by an authorized agent of a school.
(Source: P.A. 100-1000, eff. 1-1-19.)
(740 ILCS 21/20)
(Text of Section before amendment by P.A. 103-166)
Sec. 20. Commencement of action; filing fees.
(a) An action for a stalking or harassment no contact
order is commenced:
(1) independently, by filing a petition for a stalking
or harassment no contact order in any civil court, unless
specific courts are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a stalking or harassment no contact
order may be filed in person or online.
(a-5) When a petition for an emergency stalking or
harassment no contact order is filed, the petition and file
shall not be public and shall only be accessible to the court,
law enforcement, petitioner, victim advocate, counsel of
record for either party, and State's Attorney for the county
until the petition is served on the respondent.
(b) Withdrawal or dismissal of any petition for a stalking

SB3574 - 240 - LRB103 34161 LNS 63981 b
no contact order prior to adjudication where the petitioner is
represented by the State shall operate as a dismissal without
prejudice. No action for a stalking or harassment no contact
order shall be dismissed because the respondent is being
prosecuted for a crime against the petitioner. For any action
commenced under item (2) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for a stalking or
harassment no contact order; instead, it may be treated as an
independent action and, if necessary and appropriate,
transferred to a different court or division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 102-831, eff. 5-13-22; 102-853, eff. 1-1-23;
103-154, eff. 6-30-23.)
(Text of Section after amendment by P.A. 103-166)
Sec. 20. Commencement of action; filing fees.
(a) An action for a stalking or harassment no contact
order is commenced:

SB3574 - 241 - LRB103 34161 LNS 63981 b
(1) independently, by filing a petition for a stalking
or harassment no contact order in any civil court, unless
specific courts are designated by local rule or order; or
(2) in conjunction with a delinquency petition or a
criminal prosecution as provided in Article 112A of the
Code of Criminal Procedure of 1963.
(a-1) A petition for a stalking or harassment no contact
order may be filed in person or online.
(a-5) When a petition for an emergency stalking or
harassment no contact order is filed, the petition and file
shall not be public and shall only be accessible to the court,
law enforcement, petitioner, victim advocate, counsel of
record for either party, and State's Attorney for the county
until the petition is served on the respondent.
Accessibility to the petition and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) Withdrawal or dismissal of any petition for a stalking
or harassment no contact order prior to adjudication where the
petitioner is represented by the State shall operate as a
dismissal without prejudice. No action for a stalking or
harassment no contact order shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. For any action commenced under item (2) of
subsection (a) of this Section, dismissal of the conjoined

SB3574 - 242 - LRB103 34161 LNS 63981 b
case (or a finding of not guilty) shall not require dismissal
of the action for a stalking or harassment no contact order;
instead, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court or
division.
(c) No fee shall be charged by the clerk of the court for
filing petitions or modifying or certifying orders. No fee
shall be charged by the sheriff for service by the sheriff of a
petition, rule, motion, or order in an action commenced under
this Section.
(d) The court shall provide, through the office of the
clerk of the court, simplified forms for filing of a petition
under this Section by any person not represented by counsel.
(Source: P.A. 102-831, eff. 5-13-22; 102-853, eff. 1-1-23;
103-154, eff. 6-30-23; 103-166, eff. 1-1-24.)
(740 ILCS 21/25)
Sec. 25. Pleading; non-disclosure of address.
(a) A petition for a stalking or harassment no contact
order shall be in writing and verified or accompanied by
affidavit and shall allege that the petitioner has been the
victim of stalking by the respondent.
(b) If the petition states that disclosure of the
petitioner's address would risk abuse of the petitioner or any
member of the petitioner's family or household, that address
may be omitted from all documents filed with the court. If the

SB3574 - 243 - LRB103 34161 LNS 63981 b
petitioner has not disclosed an address under this subsection,
the petitioner shall designate an alternative address at which
the respondent may serve notice of any motions.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/30)
Sec. 30. Application of rules of civil procedure; victim
advocates.
(a) Any proceeding to obtain, modify, reopen or appeal a
stalking or harassment no contact order shall be governed by
the rules of civil procedure of this State. The standard of
proof in such a proceeding is proof by a preponderance of the
evidence. The Code of Civil Procedure and Supreme Court and
local court rules applicable to civil proceedings shall apply,
except as otherwise provided by this Act.
(b) In circuit courts, victim advocates shall be allowed
to accompany the petitioner and confer with the petitioner,
unless otherwise directed by the court. Court administrators
shall allow victim advocates to assist victims of stalking in
the preparation of petitions for stalking or harassment no
contact orders. Victim advocates are not engaged in the
unauthorized practice of law when providing assistance of the
types specified in this subsection (b).
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/40)

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Sec. 40. Trial by jury. There shall be no right to trial by
jury in any proceeding to obtain, modify, vacate or extend any
stalking or harassment no contact order under this Act.
However, nothing in this Section shall deny any existing right
to trial by jury in a criminal proceeding.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/45)
Sec. 45. Subject matter jurisdiction. Each of the circuit
courts has the power to issue stalking or harassment no
contact orders.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/55)
Sec. 55. Venue. A petition for a stalking or harassment no
contact order may be filed in any county where (1) the
petitioner resides, (2) the respondent resides, or (3) one or
more acts of the alleged stalking occurred.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/60)
Sec. 60. Process.
(a) Any action for a stalking or harassment no contact
order requires that a separate summons be issued and served.
The summons shall be in the form prescribed by Supreme Court
Rule 101(d), except that it shall require the respondent to

SB3574 - 245 - LRB103 34161 LNS 63981 b
answer or appear within 7 days. Attachments to the summons or
notice shall include the petition for stalking or harassment
no contact order and supporting affidavits, if any, and any
emergency stalking or harassment no contact order that has
been issued.
(b) 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.
(c) Service of process on a member of the respondent's
household or by publication shall be adequate if: (1) the
petitioner has made all reasonable efforts to accomplish
actual service of process personally upon the respondent, but
the respondent cannot be found to effect such service; and (2)
the petitioner files an affidavit or presents sworn testimony
as to those efforts.
(d) A plenary stalking or harassment no contact order may
be entered by default for the remedy sought in the petition, if
the respondent has been served or given notice in accordance
with subsection (a) and if the respondent then fails to appear
as directed or fails to appear on any subsequent appearance or
hearing date agreed to by the parties or set by the court.
(e) If an order is granted under subsection (c) of Section

SB3574 - 246 - LRB103 34161 LNS 63981 b
95, the court shall immediately file a certified copy of the
order with the sheriff or other law enforcement official
charged with maintaining Department of State Police records.
(Source: P.A. 101-508, eff. 1-1-20.)
(740 ILCS 21/70)
Sec. 70. Hearings.
(a) A petition for a stalking or harassment no contact
order shall be treated as an expedited proceeding, and no
court may transfer or otherwise decline to decide all or part
of such petition. Nothing in this Section shall prevent the
court from reserving issues if jurisdiction or notice
requirements are not met.
(b) A court in a county with a population above 250,000
shall offer the option of a remote hearing to a petitioner for
a stalking or harassment no contact order. The court has the
discretion to grant or deny the request for a remote hearing.
Each court shall determine the procedure for a remote hearing.
The petitioner and respondent may appear remotely or in
person.
The court shall issue and publish a court order, standing
order, or local rule detailing information about the process
for requesting and participating in a remote court appearance.
The court order, standing order, or local rule shall be
published on the court's website and posted on signs
throughout the courthouse, including in the clerk's office.

SB3574 - 247 - LRB103 34161 LNS 63981 b
The sign shall be written in plain language and include
information about the availability of remote court appearances
and the process for requesting a remote hearing.
(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
(740 ILCS 21/75)
Sec. 75. Continuances.
(a) Petitions for emergency remedies shall be granted or
denied in accordance with the standards of Section 100,
regardless of the respondent's appearance or presence in
court.
(b) Any action for a stalking or harassment no contact
order is an expedited proceeding. Continuances shall be
granted only for good cause shown and kept to the minimum
reasonable duration, taking into account the reasons for the
continuance.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/80)
Sec. 80. Stalking or harassment no contact orders;
remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking or harassment 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

SB3574 - 248 - LRB103 34161 LNS 63981 b
stalking or harassment no contact order because the petitioner
or the respondent is a minor. The court, when determining
whether or not to issue a stalking or harassment no contact
order, may not require physical injury on the person of the
petitioner. Modification and extension of prior stalking or
harassment no contact orders shall be in accordance with this
Act.
(b) A stalking or harassment 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

SB3574 - 249 - LRB103 34161 LNS 63981 b
(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 or harassment
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

SB3574 - 250 - LRB103 34161 LNS 63981 b
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

SB3574 - 251 - LRB103 34161 LNS 63981 b
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 or harassment no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking or harassment 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 State Police Firearm Owner's Identification Card
Office.
(Source: P.A. 102-538, eff. 8-20-21.)

SB3574 - 252 - LRB103 34161 LNS 63981 b
(740 ILCS 21/85)
Sec. 85. Mutual stalking or harassment no contact orders
are prohibited. Correlative separate orders undermine the
purposes of this Act. If separate orders are sought, both must
comply with all provisions of this Act.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/90)
Sec. 90. Accountability for actions of others. For the
purposes of issuing a stalking or harassment no contact order,
deciding what remedies should be included and enforcing the
order, Article 5 of the Criminal Code of 2012 shall govern
whether respondent is legally accountable for the conduct of
another person.
(Source: P.A. 96-246, eff. 1-1-10; 97-1150, eff. 1-25-13.)
(740 ILCS 21/95)
(Text of Section before amendment by P.A. 103-166)
Sec. 95. Emergency stalking or harassment no contact
order.
(a) An emergency stalking or harassment no contact order
shall issue if the petitioner satisfies the requirements of
this subsection (a). The petitioner shall establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 are satisfied; and

SB3574 - 253 - LRB103 34161 LNS 63981 b
(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.
An emergency stalking or harassment no contact order shall
be issued by the court if it appears from the contents of the
petition and the examination of the petitioner that the
averments are sufficient to indicate stalking by the
respondent and to support the granting of relief under the
issuance of the stalking or harassment no contact order.
An emergency stalking or harassment no contact order shall
be issued if the court finds that items (1), (2), and (3) of
this subsection (a) are met.
(a-5) When a petition for an emergency stalking or
harassment no contact order is granted, the petition, order,
and file shall not be public and shall only be accessible to
the court, law enforcement, petitioner, victim advocate,
counsel of record for either party, and the State's Attorney
for the county until the order is served on the respondent.
(b) If the 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

SB3574 - 254 - LRB103 34161 LNS 63981 b
requirements of this Section, if all requirements of Section
100 have been met, the court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) 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 against the petitioner and that the
petitioner has satisfied the prerequisites set forth in
subsection (a), that judge may issue an emergency stalking
or harassment no contact order.
(2) 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 stalking or
harassment no contact order at all times, whether or not
the court is in session.
(3) Any order issued under this Section and any
documentation in support of the order 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 60. Filing the
petition shall commence proceedings for further relief

SB3574 - 255 - LRB103 34161 LNS 63981 b
under Section 20. Failure to comply with the requirements
of this paragraph (3) does not affect the validity of the
order.
(Source: P.A. 101-255, eff. 1-1-20; 102-831, eff. 5-13-22.)
(Text of Section after amendment by P.A. 103-166)
Sec. 95. Emergency stalking or harassment no contact
order.
(a) An emergency stalking or harassment no contact order
shall issue if the petitioner satisfies the requirements of
this subsection (a). The petitioner shall establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 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.
An emergency stalking or harassment no contact order shall
be issued by the court if it appears from the contents of the
petition and the examination of the petitioner that the
averments are sufficient to indicate stalking by the
respondent and to support the granting of relief under the
issuance of the stalking or harassment no contact order.

SB3574 - 256 - LRB103 34161 LNS 63981 b
An emergency stalking or harassment no contact order shall
be issued if the court finds that items (1), (2), and (3) of
this subsection (a) are met.
(a-5) When a petition for an emergency stalking or
harassment no contact order is granted, the petition, order,
and file shall not be public and shall only be accessible to
the court, law enforcement, petitioner, victim advocate,
counsel of record for either party, and State's Attorney for
the county until the order is served on the respondent.
Accessibility to the petition, order, and file under this
subsection prior to the petition being served on the
respondent shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(b) If the 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
100 have been met, the court may issue a plenary order.
(c) Emergency orders; court holidays and evenings.
(1) 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 against the petitioner and that the

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petitioner has satisfied the prerequisites set forth in
subsection (a), that judge may issue an emergency stalking
or harassment no contact order.
(2) 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 stalking or
harassment no contact order at all times, whether or not
the court is in session.
(3) Any order issued under this Section and any
documentation in support of the order 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 60. Filing the
petition shall commence proceedings for further relief
under Section 20. Failure to comply with the requirements
of this paragraph (3) does not affect the validity of the
order.
(Source: P.A. 102-831, eff. 5-13-22; 103-166, eff. 1-1-24.)
(740 ILCS 21/100)
Sec. 100. Plenary stalking or harassment no contact order.
A plenary stalking or harassment no contact order shall issue
if the petitioner has served notice of the hearing for that

SB3574 - 258 - LRB103 34161 LNS 63981 b
order on the respondent, in accordance with Section 65, and
satisfies the requirements of this Section. The petitioner
must establish that:
(1) the court has jurisdiction under Section 50;
(2) the requirements of Section 80 are satisfied;
(3) a general appearance was made or filed by or for
the respondent or process was served on the respondent in
the manner required by Section 60; and
(4) the respondent has answered or is in default.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/105)
Sec. 105. Duration and extension of orders.
(a) Unless re-opened or extended or voided by entry of an
order of greater duration, an emergency order shall be
effective for not less than 14 nor more than 21 days.
(b) Except as otherwise provided in this Section, a
plenary stalking or harassment no contact order shall be
effective for a fixed period of time, not to exceed 2 years. A
stalking or harassment no contact order 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) Any emergency or plenary order may be extended one or
more times, as required, provided that the requirements of
Section 95 or 100, as appropriate, are satisfied. If the

SB3574 - 259 - LRB103 34161 LNS 63981 b
motion for extension is uncontested and the petitioner seeks
no modification of the order, the order may be extended on the
basis of the 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. Extensions may be granted only in open
court and not under the provisions of subsection (c) of
Section 95, which applies only when the court is unavailable
at the close of business or on a court holiday.
(d) Any stalking or harassment no contact order which
would expire on a court holiday shall instead expire at the
close of the next court business day.
(e) The practice of dismissing or suspending a criminal
prosecution in exchange for the issuance of a stalking or
harassment no contact order 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.)
(740 ILCS 21/110)
Sec. 110. Contents of orders.
(a) Any stalking or harassment no contact order shall
describe each remedy granted by the court, in reasonable
detail and not by reference to any other document, so that the
respondent may clearly understand what he or she must do or
refrain from doing.

SB3574 - 260 - LRB103 34161 LNS 63981 b
(b) A stalking or harassment no contact order shall
further state the following:
(1) The name of each petitioner that the court finds
was the victim of stalking by the respondent.
(2) The date and time the stalking or harassment no
contact order was issued, whether it is an emergency or
plenary order, and the duration of the order.
(3) The date, time, and place for any scheduled
hearing for extension of that stalking or harassment no
contact order or for another order of greater duration or
scope.
(4) For each remedy in an emergency stalking or
harassment no contact order, the reason for entering that
remedy without prior notice to the respondent or greater
notice than was actually given.
(5) For emergency stalking or harassment no contact
orders, that the respondent may petition the court, in
accordance with Section 120, to reopen the order if he or
she did not receive actual prior notice of the hearing as
required under Section 65 of this Act and if the
respondent alleges that he or she had a meritorious
defense to the order or that the order or its remedy is not
authorized by this Act.
(c) A stalking or harassment no contact order shall
include the following notice, printed in conspicuous type: "An
initial knowing violation of a stalking or harassment no

SB3574 - 261 - LRB103 34161 LNS 63981 b
contact order is a Class A misdemeanor. Any second or
subsequent knowing violation is a Class 4 felony."
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/115)
Sec. 115. Notice of orders.
(a) Upon issuance of any stalking or harassment 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 or harassment
no contact order is issued, file a certified copy of that order
with the sheriff or other law enforcement officials charged
with maintaining Illinois 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
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 or harassment no contact

SB3574 - 262 - LRB103 34161 LNS 63981 b
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 or harassment
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

SB3574 - 263 - LRB103 34161 LNS 63981 b
respondent or arrestee be extended for hearing on the petition
for stalking or harassment no contact order or receipt of the
order issued under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking or harassment 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 or harassment 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; 102-538, eff. 8-20-21.)
(740 ILCS 21/117)
Sec. 117. Short form notification.
(a) Instead of personal service of a stalking or
harassment no contact order under Section 115, a sheriff,
other law enforcement official, special process server, or
personnel assigned by the Department of Corrections or
Department of Juvenile Justice to investigate the alleged
misconduct of committed persons or alleged violations of a
parolee's or releasee's conditions of parole, aftercare
release, or mandatory supervised release may serve a
respondent with a short form notification. The short form
notification must include the following items:

SB3574 - 264 - LRB103 34161 LNS 63981 b
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the stalking or
harassment no contact order was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(b) The short form notification must contain the following
notice in bold print:
"The order is now enforceable. You must report to the
office of the sheriff or the office of the circuit court in
(name of county) County to obtain a copy of the order. You are
subject to arrest and may be charged with a misdemeanor or
felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order against the respondent,
a sheriff or other law enforcement official may detain the
respondent for a reasonable time necessary to complete and
serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
making the service.
(e) The Attorney General shall make the short form

SB3574 - 265 - LRB103 34161 LNS 63981 b
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under the Illinois Domestic Violence Act
of 1986, stalking or harassment no contact orders under this
Act, and civil no contact orders under the Civil No Contact
Order Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
(740 ILCS 21/120)
Sec. 120. Modification; reopening of orders.
(a) Except as otherwise provided in this Section, upon
motion by the petitioner, the court may modify an emergency or
plenary stalking or harassment no contact order by altering
the remedy, subject to Section 80.
(b) After 30 days following entry of a plenary stalking or
harassment no contact order, a court may modify that order
only when a change in the applicable law or facts since that
plenary order was entered warrants a modification of its
terms.
(c) Upon 2 days' notice to the petitioner, or such shorter
notice as the court may prescribe, a respondent subject to an
emergency stalking or harassment no contact order issued under
this Act may appear and petition the court to rehear the
original or amended petition. Any petition to rehear shall be
verified and shall allege the following:

SB3574 - 266 - LRB103 34161 LNS 63981 b
(1) that the respondent did not receive prior notice
of the initial hearing in which the emergency order was
entered under Sections 65 and 95; and
(2) that the 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 by this Act.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/125)
Sec. 125. Violation. An initial knowing violation of a
stalking or harassment no contact order is a Class A
misdemeanor. A second or subsequent knowing violation is a
Class 4 felony.
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/130)
Sec. 130. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing a violation of a
stalking or harassment no contact order.
(b) The law enforcement officer may verify the existence
of a stalking or harassment no contact order by telephone or
radio communication with his or her law enforcement agency or
by referring to the copy of the order provided by the
petitioner or the respondent.

SB3574 - 267 - LRB103 34161 LNS 63981 b
(Source: P.A. 96-246, eff. 1-1-10.)
(740 ILCS 21/135)
Sec. 135. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State
Police, on the same day as received, in the form and detail the
Department requires, copies of any recorded emergency or
plenary stalking or harassment 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 or harassment 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 or harassment
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 State Police shall maintain a complete
and systematic record and index of all valid and recorded
stalking or harassment 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 or harassment no contact
order of any recorded prior incident of stalking involving the
petitioner and the effective dates and terms of any recorded
stalking or harassment no contact order.

SB3574 - 268 - LRB103 34161 LNS 63981 b
(Source: P.A. 102-538, eff. 8-20-21.)
Section 45. The Civil No Contact Order Act is amended by
changing Section 218.1 as follows:
(740 ILCS 22/218.1)
Sec. 218.1. Short form notification.
(a) Instead of personal service of a civil no contact
order under Section 218, a sheriff, other law enforcement
official, special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of a parolee's or releasee's conditions of
parole, aftercare release, or mandatory supervised release may
serve a respondent with a short form notification. The short
form notification must include the following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the civil no contact
order was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.

SB3574 - 269 - LRB103 34161 LNS 63981 b
(b) The short form notification must contain the following
notice in bold print:
"The order is now enforceable. You must report to the
office of the sheriff or the office of the circuit court in
(name of county) County to obtain a copy of the order. You are
subject to arrest and may be charged with a misdemeanor or
felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order against the respondent,
a sheriff or other law enforcement official may detain the
respondent for a reasonable time necessary to complete and
serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under the Illinois Domestic Violence Act
of 1986, stalking or harassment no contact orders under the
Stalking or Harassment No Contact Order Act, and civil no
contact orders under this Act.
(Source: P.A. 97-1017, eff. 1-1-13; 98-558, eff. 1-1-14.)
Section 50. The Crime Victims Compensation Act is amended

SB3574 - 270 - LRB103 34161 LNS 63981 b
by changing Sections 2 and 6.1 as follows:
(740 ILCS 45/2)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
or the Attorney General finds is entitled to compensation,
including the guardian of a minor or of a person under legal
disability. It includes any person who was a dependent of a
deceased victim of a crime of violence for his or her support
at the time of the death of that victim.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of

SB3574 - 271 - LRB103 34161 LNS 63981 b
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
the Cemetery Protection Act, Section 125 of the Stalking or
Harassment No Contact Order Act, Section 219 of the Civil No
Contact Order Act, driving under the influence as defined in
Section 11-501 of the Illinois Vehicle Code, a violation of
Section 11-401 of the Illinois Vehicle Code, provided the
victim was a pedestrian or was operating a vehicle moved
solely by human power or a mobility device at the time of
contact, and a violation of Section 11-204.1 of the Illinois
Vehicle Code; so long as the offense did not occur during a
civil riot, insurrection or rebellion. "Crime of violence"
does not include any other offense or crash involving a motor
vehicle except those vehicle offenses specifically provided
for in this paragraph. "Crime of violence" does include all of
the offenses specifically provided for in this paragraph that
occur within this State but are subject to federal
jurisdiction and crimes involving terrorism as defined in 18
U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the spouse, parent, or child
of a person killed or injured in this State as a result of a
crime of violence perpetrated or attempted against the person,
or anyone living in the household of a person killed or injured
in a relationship that is substantially similar to that of a
parent, spouse, or child, (3) a person killed or injured in

SB3574 - 272 - LRB103 34161 LNS 63981 b
this State while attempting to assist a person against whom a
crime of violence is being perpetrated or attempted, if that
attempt of assistance would be expected of a reasonable person
under the circumstances, (4) a person killed or injured in
this State while assisting a law enforcement official
apprehend a person who has perpetrated a crime of violence or
prevent the perpetration of any such crime if that assistance
was in response to the express request of the law enforcement
official, (5) a person who personally witnessed a violent
crime, (5.05) a person who will be called as a witness by the
prosecution to establish a necessary nexus between the
offender and the violent crime, (5.1) solely for the purpose
of compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any other person under the age of 18
who is the brother, sister, half brother, or half sister of a
person killed or injured in this State as a result of a crime
of violence, (6) an Illinois resident who is a victim of a
"crime of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose
body is dismembered or whose remains are desecrated as the

SB3574 - 273 - LRB103 34161 LNS 63981 b
result of a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under
the age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
living in the household of a person killed or injured in a
relationship that is substantially similar to that of a
parent, spouse, or child.
(g) "Child" means a son or daughter and includes a
stepchild, an adopted child or a child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, appropriate expenses for
care or counseling by a licensed clinical psychologist,

SB3574 - 274 - LRB103 34161 LNS 63981 b
licensed clinical social worker, licensed professional
counselor, or licensed clinical professional counselor and
expenses for treatment by Christian Science practitioners and
nursing care appropriate thereto; transportation expenses to
and from medical and counseling treatment facilities;
prosthetic appliances, eyeglasses, and hearing aids necessary
or damaged as a result of the crime; expenses incurred for the
towing and storage of a victim's vehicle in connection with a
crime of violence, to a maximum of $1,000; costs associated
with trafficking tattoo removal by a person authorized or
licensed to perform the specific removal procedure;
replacement costs for clothing and bedding used as evidence;
costs associated with temporary lodging or relocation
necessary as a result of the crime, including, but not limited
to, the first month's rent and security deposit of the
dwelling that the claimant relocated to and other reasonable
relocation expenses incurred as a result of the violent crime;
locks or windows necessary or damaged as a result of the crime;
the purchase, lease, or rental of equipment necessary to
create usability of and accessibility to the victim's real and
personal property, or the real and personal property which is
used by the victim, necessary as a result of the crime; the
costs of appropriate crime scene clean-up; replacement
services loss, to a maximum of $1,250 per month; dependents
replacement services loss, to a maximum of $1,250 per month;
loss of tuition paid to attend grammar school or high school

SB3574 - 275 - LRB103 34161 LNS 63981 b
when the victim had been enrolled as a student prior to the
injury, or college or graduate school when the victim had been
enrolled as a day or night student prior to the injury when the
victim becomes unable to continue attendance at school as a
result of the crime of violence perpetrated against him or
her; loss of earnings, loss of future earnings because of
disability resulting from the injury, and, in addition, in the
case of death, expenses for funeral, burial, and travel and
transport for survivors of homicide victims to secure bodies
of deceased victims and to transport bodies for burial all of
which may be awarded up to a maximum of $10,000 and loss of
support of the dependents of the victim; in the case of
dismemberment or desecration of a body, expenses for funeral
and burial, all of which may be awarded up to a maximum of
$10,000. Loss of future earnings shall be reduced by any
income from substitute work actually performed by the victim
or by income he or she would have earned in available
appropriate substitute work he or she was capable of
performing but unreasonably failed to undertake. Loss of
earnings, loss of future earnings and loss of support shall be
determined on the basis of the victim's average net monthly
earnings for the 6 months immediately preceding the date of
the injury or on $2,400 per month, whichever is less or, in
cases where the absences commenced more than 3 years from the
date of the crime, on the basis of the net monthly earnings for
the 6 months immediately preceding the date of the first

SB3574 - 276 - LRB103 34161 LNS 63981 b
absence, not to exceed $2,400 per month. If a divorced or
legally separated applicant is claiming loss of support for a
minor child of the deceased, the amount of support for each
child shall be based either on the amount of support pursuant
to the judgment prior to the date of the deceased victim's
injury or death, or, if the subject of pending litigation
filed by or on behalf of the divorced or legally separated
applicant prior to the injury or death, on the result of that
litigation. Real and personal property includes, but is not
limited to, vehicles, houses, apartments, town houses, or
condominiums. Pecuniary loss does not include pain and
suffering or property loss or damage.
The changes made to this subsection by Public Act 101-652
apply to actions commenced or pending on or after January 1,
2022.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians
of minor dependents after a victim's death in obtaining
ordinary and necessary services in lieu of those the victim
would have performed, not for income, but for their benefit,
if he or she had not been fatally injured.

SB3574 - 277 - LRB103 34161 LNS 63981 b
(k) "Survivor" means immediate family including a parent,
stepfather, stepmother, child, brother, sister, or spouse.
(l) "Parent" means a natural parent, adopted parent,
stepparent, or permanent legal guardian of another person.
(m) "Trafficking tattoo" is a tattoo which is applied to a
victim in connection with the commission of a violation of
Section 10-9 of the Criminal Code of 2012.
(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
(a) Within 5 years of the occurrence of the crime, or
within one year after a criminal charge of a person for an
offense, upon which the claim is based, the applicant
presents an application, under oath, to the Attorney
General that is filed with the Court of Claims and on a
form prescribed in accordance with Section 7.1 furnished
by the Attorney General. If the person entitled to
compensation is under 18 years of age or under other legal
disability at the time of the occurrence or is determined
by a court to be under a legal disability as a result of
the occurrence, he or she may present the application
required by this subsection within 3 years after he or she
attains the age of 18 years or the disability is removed,

SB3574 - 278 - LRB103 34161 LNS 63981 b
as the case may be. Legal disability includes a diagnosis
of posttraumatic stress disorder.
(a-1) The Attorney General and the Court of Claims may
accept an application presented after the period provided
in subsection (a) if the Attorney General determines that
the applicant had good cause for a delay.
(b) For all crimes of violence, except those listed in
subsection (b-1) of this Section, the appropriate law
enforcement officials were notified within 72 hours of the
perpetration of the crime allegedly causing the death or
injury to the victim or, in the event such notification
was made more than 72 hours after the perpetration of the
crime, the applicant establishes that such notice was
timely under the circumstances.
(b-1) For victims of offenses defined in Sections
10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
1961 or the Criminal Code of 2012, the appropriate law
enforcement officials were notified within 7 days of the
perpetration of the crime allegedly causing death or
injury to the victim or, in the event that the
notification was made more than 7 days after the
perpetration of the crime, the applicant establishes that
the notice was timely under the circumstances. If the
applicant or victim has obtained an order of protection, a
civil no contact order, or a stalking or harassment no

SB3574 - 279 - LRB103 34161 LNS 63981 b
contact order, has presented himself or herself to a
hospital for medical care or sexual assault evidence
collection, or is engaged in a legal proceeding involving
a claim that the applicant or victim is a victim of human
trafficking, such action shall constitute appropriate
notification under this subsection (b-1) or subsection (b)
of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant. If the applicant or victim has obtained an
order of protection, a civil no contact order, or a
stalking or harassment no contact order, has presented
himself or herself to a hospital for medical care or
sexual assault evidence collection, or is engaged in a
legal proceeding involving a claim that the applicant or
victim is a victim of human trafficking, such action shall
constitute cooperation under this subsection (c). If the
victim is under 18 years of age at the time of the
commission of the offense, the following shall constitute
cooperation under this subsection (c):
(1) the applicant or the victim files a police
report with a law enforcement agency;
(2) a mandated reporter reports the crime to law
enforcement; or
(3) a person with firsthand knowledge of the crime
reports the crime to law enforcement.

SB3574 - 280 - LRB103 34161 LNS 63981 b
(d) The applicant is not the offender or an accomplice
of the offender and the award would not unjustly benefit
the offender or his accomplice.
(e) (Blank).
(f) For victims of offenses defined in Section 10-9 of
the Criminal Code of 2012, the victim submits a statement
under oath on a form prescribed by the Attorney General
attesting that the removed tattoo was applied in
connection with the commission of the offense.
(g) In determining whether cooperation has been
reasonable, the Attorney General and Court of Claims may
consider the victim's age, physical condition,
psychological state, cultural or linguistic barriers, and
compelling health and safety concerns, including, but not
limited to, a reasonable fear of retaliation or harm that
would jeopardize the well-being of the victim or the
victim's family, and giving due consideration to the
degree of cooperation that the victim or derivative victim
is capable of in light of the presence of any of these
factors, or any other factor the Attorney General
considers relevant.
The changes made to this Section by this amendatory Act of
the 101st General Assembly apply to actions commenced or
pending on or after January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)

SB3574 - 281 - LRB103 34161 LNS 63981 b
Section 55. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 222.10 as follows:
(750 ILCS 60/222.10)
Sec. 222.10. Short form notification.
(a) Instead of personal service of an order of protection
under Section 222, a sheriff, other law enforcement official,
special process server, or personnel assigned by the
Department of Corrections or Department of Juvenile Justice to
investigate the alleged misconduct of committed persons or
alleged violations of a parolee's or releasee's conditions of
parole, aftercare release, or mandatory supervised release may
serve a respondent with a short form notification. The short
form notification must include the following items:
(1) The respondent's name.
(2) The respondent's date of birth, if known.
(3) The petitioner's name.
(4) The names of other protected parties.
(5) The date and county in which the order of
protection was filed.
(6) The court file number.
(7) The hearing date and time, if known.
(8) The conditions that apply to the respondent,
either in checklist form or handwritten.
(b) The short form notification must contain the following
notice in bold print:

SB3574 - 282 - LRB103 34161 LNS 63981 b
"The order is now enforceable. You must report to the
office of the sheriff or the office of the circuit court in
(name of county) County to obtain a copy of the order. You
are subject to arrest and may be charged with a
misdemeanor or felony if you violate any of the terms of
the order."
(c) Upon verification of the identity of the respondent
and the existence of an unserved order against the respondent,
a sheriff or other law enforcement official may detain the
respondent for a reasonable time necessary to complete and
serve the short form notification.
(d) When service is made by short form notification under
this Section, it may be proved by the affidavit of the person
making the service.
(e) The Attorney General shall make the short form
notification form available to law enforcement agencies in
this State.
(f) A single short form notification form may be used for
orders of protection under this Act, stalking or harassment no
contact orders under the Stalking or Harassment No Contact
Order Act, and civil no contact orders under the Civil No
Contact Order Act.
(Source: P.A. 97-50, eff. 6-28-11; 97-1017, eff. 1-1-13;
98-558, eff. 1-1-14.)
Section 60. The Address Confidentiality for Victims of

SB3574 - 283 - LRB103 34161 LNS 63981 b
Domestic Violence, Sexual Assault, Human Trafficking, or
Stalking Act is amended by changing Section 10 as follows:
(750 ILCS 61/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
"Address" means a residential street address, school
address, or work address of an individual, as specified on the
individual's application to be a program participant under
this Act.
"Program participant" means a person certified as a
program participant under this Act.
"Domestic violence" has the same meaning as in the
Illinois Domestic Violence Act of 1986 and includes a threat
of domestic violence against an individual in a domestic
situation, regardless of whether the domestic violence or
threat has been reported to law enforcement officers.
"Human trafficking" means the practices set forth in
subsection (b), (c), or (d) of Section 10-9 of the Criminal
Code of 2012, regardless of whether the victim has reported
the trafficking to law enforcement officers.
"Sexual assault" has the same meaning as sexual conduct or
sexual penetration as defined in the Civil No Contact Order
Act. "Sexual assault" includes a threat of sexual assault,
regardless of whether the sexual assault or threat has been
reported to law enforcement officers.

SB3574 - 284 - LRB103 34161 LNS 63981 b
"Stalking" has the same meaning as in the Stalking or
Harassment No Contact Order Act. "Stalking" includes a threat
of stalking, regardless of whether the stalking or threat has
been reported to law enforcement officers.
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
Section 65. The Domestic Violence Fatality Review Act is
amended by changing Section 70 as follows:
(750 ILCS 62/70)
Sec. 70. Case eligible for review by regional review team.
A case eligible for review shall include a fatality or
near-fatality that occurred within the geographic boundaries
of the judicial circuit covered by the regional review team
and a qualifying relationship.
(a) A fatality or near-fatality includes at least one of
the following:
(1) a homicide, as defined in Article 9 of the
Criminal Code of 2012 in which:
(A) the offender causes the death of the victim,
the deceased, or others; or
(B) the survivor causes the death of the offender,
the deceased, or others;
(2) a suicide or attempted suicide of the offender;
(3) a suicide of the victim;
(4) a suicide attempt of the survivor;

SB3574 - 285 - LRB103 34161 LNS 63981 b
(5) a familicide in which the offender causes the
death of the victim and other members of the victim's
family including, but not limited to, minor or adult
children and parents;
(6) the near-fatality of a survivor caused by the
offender;
(7) the near-fatality of an offender caused by the
survivor; or
(8) any other case involving domestic violence if a
majority of the regional review team vote that a review of
the case will advance the purposes of this Act.
(b) A qualifying relationship between the offender and the
victim or survivor shall include instances or a history of
domestic violence perpetrated by the offender against the
victim or survivor and at least one of the following
circumstances:
(1) the offender and the victim or survivor:
(A) resided together or shared a common dwelling
at any time;
(B) have or are alleged to have a child in common;
or
(C) are or were engaged, married, divorced,
separated, or had a dating or romantic relationship,
regardless of whether they had sexual relations;
(2) the offender stalked the victim or survivor as
described in Section 12-7.3 of the Criminal Code of 2012;

SB3574 - 286 - LRB103 34161 LNS 63981 b
(3) the victim or survivor filed for an order of
protection against the offender under the Illinois
Domestic Violence Act of 1986 or Section 112A-2.5 of the
Code of Criminal Procedure of 1963;
(4) the victim or survivor filed for a civil no
contact order against the offender under the Civil No
Contact Order Act or Section 112A-14.5 of the Code of
Criminal Procedure of 1963;
(5) the victim or survivor filed for a stalking or
harassment no contact order against the offender under the
Stalking or Harassment No Contact Order Act or Section
112A-2.5 of the Code of Criminal Procedure of 1963;
(6) the offender violated an order of protection,
civil no contact order, or stalking or harassment no
contact order obtained by the victim or survivor;
(7) the deceased resided in the same household as, was
present at the workplace of, was in the proximity of, or
was related by blood or affinity to a victim or survivor;
(8) the deceased was a law enforcement officer,
emergency medical technician, or other responder to a
domestic violence incident between the offender and the
victim or survivor; or
(9) a relationship between the offender and the
victim, survivor, or deceased exists that a majority of
the regional review team votes warrants review of the case
to advance the purposes of this Act.

SB3574 - 287 - LRB103 34161 LNS 63981 b
(c) A case eligible for review does not require criminal
charges or a conviction.
(d) Any criminal investigation, civil, criminal, or
administrative proceeding, and appeals shall be complete for a
case to be eligible for review.
(Source: P.A. 102-520, eff. 8-20-21.)
Section 70. The Illinois Human Rights Act is amended by
changing Section 1-103 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;

SB3574 - 288 - LRB103 34161 LNS 63981 b
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.

SB3574 - 289 - LRB103 34161 LNS 63981 b
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability.
(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a
determinable physical characteristic which necessitates the
person's use of a guide, hearing or support dog, the history of
such characteristic, or the perception of such characteristic
by the person complained against, which may result from
disease, injury, congenital condition of birth or functional
disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(b) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(c) For purposes of Article 4, is unrelated to a
person's ability to repay;
(d) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(e) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,

SB3574 - 290 - LRB103 34161 LNS 63981 b
including autism spectrum disorders.
(2) Discrimination based on disability includes unlawful
discrimination against an individual because of the
individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking or Harassment No Contact Order Act, or the Civil No
Contact Order Act, or an order of protection issued by a court
of another state.

SB3574 - 291 - LRB103 34161 LNS 63981 b
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(M-5) Race. "Race" includes traits associated with race,
including, but not limited to, hair texture and protective
hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at

SB3574 - 292 - LRB103 34161 LNS 63981 b
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(O-5) Source of income. "Source of income" means the
lawful manner by which an individual supports himself or
herself and his or her dependents.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.)
Section 95. 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

SB3574 - 293 - LRB103 34161 LNS 63981 b
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
SB3574 - 294 - LRB103 34161 LNS 63981 b
INDEX
Statutes amended in order of appearance
20 ILCS 2630/5.2
430 ILCS 65/1.1
720 ILCS 5/12-3.9
720 ILCS 5/12-7.4 from Ch. 38, par. 12-7.4
725 ILCS 5/110-1 from Ch. 38, par. 110-1
725 ILCS 5/110-6.1 from Ch. 38, par. 110-6.1
725 ILCS 5/112A-2.5
725 ILCS 5/112A-3 from Ch. 38, par. 112A-3
725 ILCS 5/112A-4.5
725 ILCS 5/112A-5.5
725 ILCS 5/112A-14.7
725 ILCS 5/112A-17.5
725 ILCS 5/112A-20 from Ch. 38, par. 112A-20
725 ILCS 5/112A-21.7
725 ILCS 5/112A-23 from Ch. 38, par. 112A-23
725 ILCS 5/112A-24 from Ch. 38, par. 112A-24
725 ILCS 5/112A-26 from Ch. 38, par. 112A-26
725 ILCS 5/112A-28 from Ch. 38, par. 112A-28
725 ILCS 120/3 from Ch. 38, par. 1403
730 ILCS 5/3-2.5-95
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
735 ILCS 5/21-103
740 ILCS 21/Act title
SB3574 - 295 - LRB103 34161 LNS 63981 b
740 ILCS 21/1
740 ILCS 21/10
740 ILCS 21/15
740 ILCS 21/20
740 ILCS 21/25
740 ILCS 21/30
740 ILCS 21/40
740 ILCS 21/45
740 ILCS 21/55
740 ILCS 21/60
740 ILCS 21/70
740 ILCS 21/75
740 ILCS 21/80
740 ILCS 21/85
740 ILCS 21/90
740 ILCS 21/95
740 ILCS 21/100
740 ILCS 21/105
740 ILCS 21/110
740 ILCS 21/115
740 ILCS 21/117
740 ILCS 21/120
740 ILCS 21/125
740 ILCS 21/130
740 ILCS 21/135
740 ILCS 22/218.1
SB3574 - 296 - LRB103 34161 LNS 63981 b