Sen. Elgie R. Sims, Jr.

Filed: 1/5/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 163

2    AMENDMENT NO. ______. Amend House Bill 163 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.
5
Deaths in Custody

 
6    Section 1-1. Short title. This Article may be cited as the
7Reporting of Deaths in Custody Act. References in this Article
8to "this Act" mean this Article.
 
9    Section 1-5. Report of deaths of persons in custody in
10correctional institutions.
11    (a) In this Act, "law enforcement agency" includes each law
12enforcement entity within this State having the authority to
13arrest and detain persons suspected of, or charged with,
14committing a criminal offense, and each law enforcement entity
15that operates a lock up, jail, prison, or any other facility

 

 

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1used to detain persons for legitimate law enforcement purposes.
2    (b) In any case in which a person dies:
3        (1) while in the custody of:
4            (A) a law enforcement agency;
5            (B) a local or State correctional facility in this
6        State; or
7            (C) a peace officer; or
8        (2) as a result of the peace officer's use of force,
9    the law enforcement agency shall investigate and report the
10    death in writing to the Attorney General, no later than 30
11    days after the date on which the person in custody or
12    incarcerated died. The written report shall contain the
13    following information:
14            (A) facts concerning the death that are in the
15        possession of the law enforcement agency in charge of
16        the investigation and the correctional facility where
17        the death occurred including, but not limited to, cause
18        and manner of death, race, age, and gender of the
19        decedent;
20            (B) the jurisdiction, the law enforcement agency
21        providing the investigation, and the local or State
22        facility where the death occurred;
23            (C) if emergency care was requested by the law
24        enforcement agency in response to any illness, injury,
25        self-inflicted or otherwise, or other issue related to
26        rapid deterioration of physical wellness or human

 

 

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1        subsistence, and details concerning emergency care
2        that were provided to the decedent if emergency care
3        was provided.
4    (c) The law enforcement agency and the involved
5correctional administrators shall make a good faith effort to
6obtain all relevant facts and circumstances relevant to the
7death and include those in the report.
8    (d) The Attorney General shall create a standardized form
9to be used for the purpose of collecting information as
10described in subsection (b).
11    (e) Law enforcement agencies shall use the form described
12in subsection (d) to report all cases in which a person dies:
13        (1) while in the custody of:
14            (A) a law enforcement agency;
15            (B) a local or State correctional facility in this
16        State; or
17            (C) a peace officer; or
18        (2) as a result of the peace officer's use of force.
19    (f) The Attorney General may determine the manner in which
20the form is transmitted from a law enforcement agency to the
21Attorney General.
22    (g) The reports shall be public records within the meaning
23of subsection (c) of Section 2 of the Freedom of Information
24Act and are open to public inspection, with the exception of
25any portion of the report that the Attorney General determines
26is privileged or protected under Illinois or federal law.

 

 

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1    (h) The Attorney General shall make available to the public
2information of all individual reports relating to deaths in
3custody through the Attorney General's website to be updated on
4a quarterly basis.
5    (i) The Attorney General shall issue a public annual report
6tabulating and evaluating trends and information on deaths in
7custody, including, but not limited to:
8        (1) information regarding cause and manner of death,
9    race, and the gender of the decedent;
10        (2) the jurisdiction, law enforcement agency providing
11    the investigation, and local or State facility where the
12    death occurred; and
13        (3) recommendations and State and local efforts
14    underway to reduce deaths in custody.
15    The report shall be submitted to the Governor and General
16Assembly and made available to the public on the Attorney
17General's website the first week of February of each year.
18    (j) So that the State may oversee the healthcare provided
19to any person in the custody of each law enforcement agency
20within this State, provision of medical services to these
21persons, general care and treatment, and any other factors that
22may contribute to the death of any of these persons, the
23following information shall be made available to the public on
24the Attorney General's website:
25        (1) the number of deaths that occurred during the
26    preceding calendar year;

 

 

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1        (2) the known, or discoverable upon reasonable
2    inquiry, causes and contributing factors of each of the
3    in-custody deaths as defined in subsection (b); and
4        (3) the law enforcement agency's policies, procedures,
5    and protocols related to:
6            (A) treatment of a person experiencing withdrawal
7        from alcohol or substance use;
8            (B) the facility's provision, or lack of
9        provision, of medications used to treat, mitigate, or
10        address a person's symptoms; and
11            (C) notifying an inmate's next of kin after the
12        inmate's in-custody death.
13    (k) The family, next of kin, or any other person reasonably
14nominated by the decedent as an emergency contact shall be
15notified as soon as possible in a suitable manner giving an
16accurate factual account of the cause of death and
17circumstances surrounding the death in custody.
18    (l) The law enforcement agency or correctional facility
19shall name a staff person to act as dedicated family liaison
20officer to be a point of contact for the family, to make and
21maintain contact with the family, to report ongoing
22developments and findings of investigations, and to provide
23information and practical support. If requested by the
24deceased's next of kin, the law enforcement agency or
25correctional facility shall arrange for a chaplain, counselor,
26or other suitable staff member to meet with the family and

 

 

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1discuss any faith considerations or concerns. The family has a
2right to the medical records of a family member who has died in
3custody and these records shall be disclosed to them.
4    (m) It is unlawful for a person who is required under this
5Section to investigate a death or file a report to fail to
6include in the report facts known or discovered in the
7investigation to the Attorney General. A violation of this
8Section is a petty offense, with fine not to exceed $500.
 
9
Article 3.
10
Statewide Use of Force Standardization

 
11    Section 3-1. Short title. This Article may be cited as the
12Statewide Use of Force Standardization Act. References in this
13Article to "this Act" mean this Article.
 
14    Section 3-5. Statement of purpose. It is the intent of the
15General Assembly to establish statewide use of force standards
16for law enforcement agencies effective January 1, 2022.
 
17
Article 4.
18
Prison Gerrymandering

 
19    Section 4-1. Short title. This Article may be cited as the
20Prison Gerrymandering Act. References in this Article to "this
21Act" mean this Article.
 

 

 

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1    Section 4-5. Prison gerrymandering.
2    (a) By April 1 in the year immediately following where the
3federal decennial census is taken but in which the United
4States Bureau of the Census allocates incarcerated persons as
5residents of correctional facilities, the Department of
6Corrections shall deliver to the offices of Speaker of the
7House of Representatives, President of the Senate, Minority
8Leader of the House, and Minority Leader of the Senate
9information regarding the last known place of residence prior
10to incarceration of each inmate incarcerated in a state adult
11correctional facility, except an inmate whose last known place
12of residence is outside Illinois.
13    (b) In the year immediately following when the federal
14decennial census is taken but in which the United States Bureau
15of the Census allocates incarcerated persons as residents of
16correctional facilities, the Secretary of State shall request
17that each agency that operates a federal correctional facility
18in this State that incarcerates persons convicted of a criminal
19offense to provide the Secretary of State with a report that
20includes the last known place of residence prior to
21incarceration of each inmate, except an inmate whose last known
22place of residence is outside Illinois. The Secretary of State
23shall deliver such report to the offices of Speaker of the
24House of Representatives, President of the Senate, Minority
25Leader of the House, and Minority Leader of the Senate by April

 

 

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11 of the year immediately following the federal decennial
2census.
3    (c) For purposes of reapportionment and redistricting, the
4General Assembly shall count each incarcerated person as
5residing at his or her last known place of residence, rather
6than at the institution of his or her incarceration.
 
7
Article 5.
8
Police Integrity and Accountability

 
9    Section 5-1. Short title. This Article may be cited as the
10Police Integrity and Accountability Act. References in this
11Article to "this Act" mean this Article.
 
12    Section 5-5. Right of action.
13    (a) A peace officer, as defined in Section 2-13 of the
14Criminal Code of 2012, who subjects or causes to be subjected,
15including by failing to intervene, any other person to the
16deprivation of any individual rights arising under the Illinois
17Constitution, is liable to the injured party for legal or
18equitable relief or any other appropriate relief.
19    (b) Sovereign immunities and statutory immunities and
20statutory limitations on liability, damages, or attorney's
21fees do not apply to claims brought under this Section. The
22Local Governmental and Governmental Employees Tort Immunity
23Act does not apply to claims brought under this Section.

 

 

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1    (c) Qualified immunity is not a defense to liability under
2this Section.
3    (d) In any action brought under this Section, a court shall
4award reasonable attorney's fees and costs to the plaintiff,
5including expert witness fees and other litigation expenses, if
6they are a prevailing party as defined in subsection (d) of
7Section 5 of the Illinois Civil Rights Act of 2003. In actions
8for injunctive relief, a court shall deem a plaintiff to have
9prevailed if the plaintiff's suit was a substantial factor or
10significant catalyst in obtaining the results sought by the
11litigation. When a judgment is entered in favor of a defendant,
12the court may award reasonable costs and attorney's fees to the
13defendant for defending claims the court finds frivolous.
14    (e) A civil action under this Section must be commenced
15within 5 years after the cause of action accrues.
 
16    Section 5-10. Reporting of judgments and settlements.
17    (a) Any unit of local government that employs a peace
18officer who incurs liability under this Act, whether in the
19form of judgment or settlement entered against the peace
20officer for claims arising under this Act, shall publicly
21disclose:
22        (1) the name of any peace officer or officers whose
23    actions or conduct led to the judgment or settlement;
24        (2) the amount of the judgment or settlement, and the
25    portion of that judgment or settlement, if any, indemnified

 

 

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1    by the unit of local government;
2        (3) any internal discipline taken against the peace
3    officer or officers whose actions or conduct led to the
4    judgment or settlement; and
5        (4) any criminal charges pursued against the peace
6    officer or officers for the actions or conduct that led to
7    the judgment or settlement.
8    (b) The unit of local government shall not disclose the
9address, social security number, or other unique, non-public
10personal identifying information of any individual who brings a
11claim under this Act.
 
12
Article 10.
13
Amendatory Provisions

 
14    Section 10-105. The Statute on Statutes is amended by
15adding Section 1.43 as follows:
 
16    (5 ILCS 70/1.43 new)
17    Sec. 1.43. Reference to bail, bail bond, or conditions of
18bail. Whenever there is a reference in any Act to "bail", "bail
19bond", or "conditions of bail", these terms shall be construed
20as "pretrial release" or "conditions of pretrial release".
 
21    Section 10-110. The Freedom of Information Act is amended
22by changing Section 2.15 as follows:
 

 

 

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1    (5 ILCS 140/2.15)
2    Sec. 2.15. Arrest reports and criminal history records.
3    (a) Arrest reports. The following chronologically
4maintained arrest and criminal history information maintained
5by State or local criminal justice agencies shall be furnished
6as soon as practical, but in no event later than 72 hours after
7the arrest, notwithstanding the time limits otherwise provided
8for in Section 3 of this Act: (i) information that identifies
9the individual, including the name, age, address, and
10photograph, when and if available; (ii) information detailing
11any charges relating to the arrest; (iii) the time and location
12of the arrest; (iv) the name of the investigating or arresting
13law enforcement agency; (v) if the individual is incarcerated,
14the conditions of pretrial release amount of any bail or bond;
15and (vi) if the individual is incarcerated, the time and date
16that the individual was received into, discharged from, or
17transferred from the arresting agency's custody.
18    (b) Criminal history records. The following documents
19maintained by a public body pertaining to criminal history
20record information are public records subject to inspection and
21copying by the public pursuant to this Act: (i) court records
22that are public; (ii) records that are otherwise available
23under State or local law; and (iii) records in which the
24requesting party is the individual identified, except as
25provided under Section 7(1)(d)(vi).

 

 

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1    (c) Information described in items (iii) through (vi) of
2subsection (a) may be withheld if it is determined that
3disclosure would: (i) interfere with pending or actually and
4reasonably contemplated law enforcement proceedings conducted
5by any law enforcement agency; (ii) endanger the life or
6physical safety of law enforcement or correctional personnel or
7any other person; or (iii) compromise the security of any
8correctional facility.
9    (d) The provisions of this Section do not supersede the
10confidentiality provisions for law enforcement or arrest
11records of the Juvenile Court Act of 1987.
12    (e) Notwithstanding the requirements of subsection (a), a
13law enforcement agency may not publish booking photographs,
14commonly known as "mugshots", on its social networking website
15in connection with civil offenses, petty offenses, business
16offenses, Class C misdemeanors, and Class B misdemeanors unless
17the booking photograph is posted to the social networking
18website to assist in the search for a missing person or to
19assist in the search for a fugitive, person of interest, or
20individual wanted in relation to a crime other than a petty
21offense, business offense, Class C misdemeanor, or Class B
22misdemeanor. As used in this subsection, "social networking
23website" has the meaning provided in Section 10 of the Right to
24Privacy in the Workplace Act.
25(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 

 

 

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1    Section 10-115. The State Records Act is amended by
2changing Section 4a as follows:
 
3    (5 ILCS 160/4a)
4    Sec. 4a. Arrest records and reports.
5    (a) When an individual is arrested, the following
6information must be made available to the news media for
7inspection and copying:
8        (1) Information that identifies the individual,
9    including the name, age, address, and photograph, when and
10    if available.
11        (2) Information detailing any charges relating to the
12    arrest.
13        (3) The time and location of the arrest.
14        (4) The name of the investigating or arresting law
15    enforcement agency.
16        (5) If the individual is incarcerated, the conditions
17    of pretrial release amount of any bail or bond.
18        (6) If the individual is incarcerated, the time and
19    date that the individual was received, discharged, or
20    transferred from the arresting agency's custody.
21    (b) The information required by this Section must be made
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs
25(3), (4), (5), and (6) of subsection (a), however, may be

 

 

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1withheld if it is determined that disclosure would:
2        (1) interfere with pending or actually and reasonably
3    contemplated law enforcement proceedings conducted by any
4    law enforcement or correctional agency;
5        (2) endanger the life or physical safety of law
6    enforcement or correctional personnel or any other person;
7    or
8        (3) compromise the security of any correctional
9    facility.
10    (c) For the purposes of this Section, the term "news media"
11means personnel of a newspaper or other periodical issued at
12regular intervals whether in print or electronic format, a news
13service whether in print or electronic format, a radio station,
14a television station, a television network, a community antenna
15television service, or a person or corporation engaged in
16making news reels or other motion picture news for public
17showing.
18    (d) Each law enforcement or correctional agency may charge
19fees for arrest records, but in no instance may the fee exceed
20the actual cost of copying and reproduction. The fees may not
21include the cost of the labor used to reproduce the arrest
22record.
23    (e) The provisions of this Section do not supersede the
24confidentiality provisions for arrest records of the Juvenile
25Court Act of 1987.
26    (f) All information, including photographs, made available

 

 

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1under this Section is subject to the provisions of Section 2QQQ
2of the Consumer Fraud and Deceptive Business Practices Act.
3    (g) Notwithstanding the requirements of subsection (a), a
4law enforcement agency may not publish booking photographs,
5commonly known as "mugshots", on its social networking website
6in connection with civil offenses, petty offenses, business
7offenses, Class C misdemeanors, and Class B misdemeanors unless
8the booking photograph is posted to the social networking
9website to assist in the search for a missing person or to
10assist in the search for a fugitive, person of interest, or
11individual wanted in relation to a crime other than a petty
12offense, business offense, Class C misdemeanor, or Class B
13misdemeanor. As used in this subsection, "social networking
14website" has the meaning provided in Section 10 of the Right to
15Privacy in the Workplace Act.
16(Source: P.A. 101-433, eff. 8-20-19.)
 
17    Section 10-116. The Illinois Public Labor Relations Act is
18amended by changing Sections 4, 8, 14 and 20 as follows:
 
19    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
20    (Text of Section WITH the changes made by P.A. 98-599,
21which has been held unconstitutional)
22    Sec. 4. Management Rights. Employers shall not be required
23to bargain over matters of inherent managerial policy, which
24shall include such areas of discretion or policy as the

 

 

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1functions of the employer, standards of services, its overall
2budget, the organizational structure and selection of new
3employees, examination techniques and direction of employees.
4Employers, however, shall be required to bargain collectively
5with regard to policy matters directly affecting wages, hours
6and terms and conditions of employment as well as the impact
7thereon upon request by employee representatives, except as
8provided in Section 7.5.
9    To preserve the rights of employers and exclusive
10representatives which have established collective bargaining
11relationships or negotiated collective bargaining agreements
12prior to the effective date of this Act, employers shall be
13required to bargain collectively with regard to any matter
14concerning wages, hours or conditions of employment about which
15they have bargained for and agreed to in a collective
16bargaining agreement prior to the effective date of this Act,
17except as provided in Section 7.5.
18    The chief judge of the judicial circuit that employs a
19public employee who is a court reporter, as defined in the
20Court Reporters Act, has the authority to hire, appoint,
21promote, evaluate, discipline, and discharge court reporters
22within that judicial circuit.
23    Nothing in this amendatory Act of the 94th General Assembly
24shall be construed to intrude upon the judicial functions of
25any court. This amendatory Act of the 94th General Assembly
26applies only to nonjudicial administrative matters relating to

 

 

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1the collective bargaining rights of court reporters.
2(Source: P.A. 98-599, eff. 6-1-14.)
 
3    (Text of Section WITHOUT the changes made by P.A. 98-599,
4which has been held unconstitutional)
5    Sec. 4. Management Rights. Employers shall not be required
6to bargain over matters of inherent managerial policy, which
7shall include such areas of discretion or policy as the
8functions of the employer, standards of services, its overall
9budget, the organizational structure and selection of new
10employees, examination techniques, and direction of employees,
11and the discipline or discharge of peace officers. Employers,
12however, shall be required to bargain collectively with regard
13to policy matters directly affecting wages, hours and terms and
14conditions of employment as well as the impact thereon upon
15request by employee representatives. Notwithstanding any
16provision of this Act, employers shall not be required to
17bargain over matters relating to the discipline or discharge of
18peace officers. Provisions in existing collective bargaining
19agreements that address the discipline or discharge of peace
20officers shall lapse by operation of law on the renewal or
21extension of existing collective bargaining agreements by
22whatever means, or the approval of a collective bargaining
23agreement by the corporate authorities of the employer after
24the effective date of this Act, without imposing a duty to
25bargain on employers.

 

 

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1    To preserve the rights of employers and exclusive
2representatives which have established collective bargaining
3relationships or negotiated collective bargaining agreements
4prior to the effective date of this Act, employers shall be
5required to bargain collectively with regard to any matter
6concerning wages, hours or conditions of employment about which
7they have bargained for and agreed to in a collective
8bargaining agreement prior to the effective date of this Act.
9    The chief judge of the judicial circuit that employs a
10public employee who is a court reporter, as defined in the
11Court Reporters Act, has the authority to hire, appoint,
12promote, evaluate, discipline, and discharge court reporters
13within that judicial circuit.
14    Nothing in this amendatory Act of the 94th General Assembly
15shall be construed to intrude upon the judicial functions of
16any court. This amendatory Act of the 94th General Assembly
17applies only to nonjudicial administrative matters relating to
18the collective bargaining rights of court reporters.
19(Source: P.A. 94-98, eff. 7-1-05.)
 
20    (5 ILCS 315/8)  (from Ch. 48, par. 1608)
21    Sec. 8. Grievance Procedure. The collective bargaining
22agreement negotiated between the employer and the exclusive
23representative shall contain a grievance resolution procedure
24which shall apply to all employees in the bargaining unit,
25except as to disputes regarding the discipline or discharge of

 

 

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1peace officers, and shall provide for final and binding
2arbitration of disputes concerning the administration or
3interpretation of the agreement unless mutually agreed
4otherwise. Any agreement containing a final and binding
5arbitration provision shall also contain a provision
6prohibiting strikes for the duration of the agreement. The
7grievance and arbitration provisions of any collective
8bargaining agreement shall be subject to the Illinois "Uniform
9Arbitration Act". The costs of such arbitration shall be borne
10equally by the employer and the employee organization.
11(Source: P.A. 83-1012.)
 
12    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
13    Sec. 14. Security employee, peace officer and fire fighter
14disputes.
15    (a) In the case of collective bargaining agreements
16involving units of security employees of a public employer,
17Peace Officer Units, or units of fire fighters or paramedics,
18and in the case of disputes under Section 18, unless the
19parties mutually agree to some other time limit, mediation
20shall commence 30 days prior to the expiration date of such
21agreement or at such later time as the mediation services
22chosen under subsection (b) of Section 12 can be provided to
23the parties. In the case of negotiations for an initial
24collective bargaining agreement, mediation shall commence upon
2515 days notice from either party or at such later time as the

 

 

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1mediation services chosen pursuant to subsection (b) of Section
212 can be provided to the parties. In mediation under this
3Section, if either party requests the use of mediation services
4from the Federal Mediation and Conciliation Service, the other
5party shall either join in such request or bear the additional
6cost of mediation services from another source. The mediator
7shall have a duty to keep the Board informed on the progress of
8the mediation. If any dispute has not been resolved within 15
9days after the first meeting of the parties and the mediator,
10or within such other time limit as may be mutually agreed upon
11by the parties, either the exclusive representative or employer
12may request of the other, in writing, arbitration, and shall
13submit a copy of the request to the Board.
14    (b) Within 10 days after such a request for arbitration has
15been made, the employer shall choose a delegate and the
16employees' exclusive representative shall choose a delegate to
17a panel of arbitration as provided in this Section. The
18employer and employees shall forthwith advise the other and the
19Board of their selections.
20    (c) Within 7 days after the request of either party, the
21parties shall request a panel of impartial arbitrators from
22which they shall select the neutral chairman according to the
23procedures provided in this Section. If the parties have agreed
24to a contract that contains a grievance resolution procedure as
25provided in Section 8, the chairman shall be selected using
26their agreed contract procedure unless they mutually agree to

 

 

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1another procedure. If the parties fail to notify the Board of
2their selection of neutral chairman within 7 days after receipt
3of the list of impartial arbitrators, the Board shall appoint,
4at random, a neutral chairman from the list. In the absence of
5an agreed contract procedure for selecting an impartial
6arbitrator, either party may request a panel from the Board.
7Within 7 days of the request of either party, the Board shall
8select from the Public Employees Labor Mediation Roster 7
9persons who are on the labor arbitration panels of either the
10American Arbitration Association or the Federal Mediation and
11Conciliation Service, or who are members of the National
12Academy of Arbitrators, as nominees for impartial arbitrator of
13the arbitration panel. The parties may select an individual on
14the list provided by the Board or any other individual mutually
15agreed upon by the parties. Within 7 days following the receipt
16of the list, the parties shall notify the Board of the person
17they have selected. Unless the parties agree on an alternate
18selection procedure, they shall alternatively strike one name
19from the list provided by the Board until only one name
20remains. A coin toss shall determine which party shall strike
21the first name. If the parties fail to notify the Board in a
22timely manner of their selection for neutral chairman, the
23Board shall appoint a neutral chairman from the Illinois Public
24Employees Mediation/Arbitration Roster.
25    (d) The chairman shall call a hearing to begin within 15
26days and give reasonable notice of the time and place of the

 

 

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1hearing. The hearing shall be held at the offices of the Board
2or at such other location as the Board deems appropriate. The
3chairman shall preside over the hearing and shall take
4testimony. Any oral or documentary evidence and other data
5deemed relevant by the arbitration panel may be received in
6evidence. The proceedings shall be informal. Technical rules of
7evidence shall not apply and the competency of the evidence
8shall not thereby be deemed impaired. A verbatim record of the
9proceedings shall be made and the arbitrator shall arrange for
10the necessary recording service. Transcripts may be ordered at
11the expense of the party ordering them, but the transcripts
12shall not be necessary for a decision by the arbitration panel.
13The expense of the proceedings, including a fee for the
14chairman, shall be borne equally by each of the parties to the
15dispute. The delegates, if public officers or employees, shall
16continue on the payroll of the public employer without loss of
17pay. The hearing conducted by the arbitration panel may be
18adjourned from time to time, but unless otherwise agreed by the
19parties, shall be concluded within 30 days of the time of its
20commencement. Majority actions and rulings shall constitute
21the actions and rulings of the arbitration panel. Arbitration
22proceedings under this Section shall not be interrupted or
23terminated by reason of any unfair labor practice charge filed
24by either party at any time.
25    (e) The arbitration panel may administer oaths, require the
26attendance of witnesses, and the production of such books,

 

 

10100HB0163sam002- 23 -LRB101 04752 RLC 74552 a

1papers, contracts, agreements and documents as may be deemed by
2it material to a just determination of the issues in dispute,
3and for such purpose may issue subpoenas. If any person refuses
4to obey a subpoena, or refuses to be sworn or to testify, or if
5any witness, party or attorney is guilty of any contempt while
6in attendance at any hearing, the arbitration panel may, or the
7attorney general if requested shall, invoke the aid of any
8circuit court within the jurisdiction in which the hearing is
9being held, which court shall issue an appropriate order. Any
10failure to obey the order may be punished by the court as
11contempt.
12    (f) At any time before the rendering of an award, the
13chairman of the arbitration panel, if he is of the opinion that
14it would be useful or beneficial to do so, may remand the
15dispute to the parties for further collective bargaining for a
16period not to exceed 2 weeks. If the dispute is remanded for
17further collective bargaining the time provisions of this Act
18shall be extended for a time period equal to that of the
19remand. The chairman of the panel of arbitration shall notify
20the Board of the remand.
21    (g) At or before the conclusion of the hearing held
22pursuant to subsection (d), the arbitration panel shall
23identify the economic issues in dispute, and direct each of the
24parties to submit, within such time limit as the panel shall
25prescribe, to the arbitration panel and to each other its last
26offer of settlement on each economic issue. The determination

 

 

10100HB0163sam002- 24 -LRB101 04752 RLC 74552 a

1of the arbitration panel as to the issues in dispute and as to
2which of these issues are economic shall be conclusive. The
3arbitration panel, within 30 days after the conclusion of the
4hearing, or such further additional periods to which the
5parties may agree, shall make written findings of fact and
6promulgate a written opinion and shall mail or otherwise
7deliver a true copy thereof to the parties and their
8representatives and to the Board. As to each economic issue,
9the arbitration panel shall adopt the last offer of settlement
10which, in the opinion of the arbitration panel, more nearly
11complies with the applicable factors prescribed in subsection
12(h). The findings, opinions and order as to all other issues
13shall be based upon the applicable factors prescribed in
14subsection (h).
15    (h) Where there is no agreement between the parties, or
16where there is an agreement but the parties have begun
17negotiations or discussions looking to a new agreement or
18amendment of the existing agreement, and wage rates or other
19conditions of employment under the proposed new or amended
20agreement are in dispute, the arbitration panel shall base its
21findings, opinions and order upon the following factors, as
22applicable:
23        (1) The lawful authority of the employer.
24        (2) Stipulations of the parties.
25        (3) The interests and welfare of the public and the
26    financial ability of the unit of government to meet those

 

 

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1    costs.
2        (4) Comparison of the wages, hours and conditions of
3    employment of the employees involved in the arbitration
4    proceeding with the wages, hours and conditions of
5    employment of other employees performing similar services
6    and with other employees generally:
7            (A) In public employment in comparable
8        communities.
9            (B) In private employment in comparable
10        communities.
11        (5) The average consumer prices for goods and services,
12    commonly known as the cost of living.
13        (6) The overall compensation presently received by the
14    employees, including direct wage compensation, vacations,
15    holidays and other excused time, insurance and pensions,
16    medical and hospitalization benefits, the continuity and
17    stability of employment and all other benefits received.
18        (7) Changes in any of the foregoing circumstances
19    during the pendency of the arbitration proceedings.
20        (8) Such other factors, not confined to the foregoing,
21    which are normally or traditionally taken into
22    consideration in the determination of wages, hours and
23    conditions of employment through voluntary collective
24    bargaining, mediation, fact-finding, arbitration or
25    otherwise between the parties, in the public service or in
26    private employment.

 

 

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1    (i) In the case of peace officers, the arbitration decision
2shall be limited to wages, hours, and conditions of employment
3(which may include residency requirements in municipalities
4with a population under 100,000 1,000,000, but those residency
5requirements shall not allow residency outside of Illinois) and
6shall not include the following: i) residency requirements in
7municipalities with a population of at least 100,000 1,000,000;
8ii) the type of equipment, other than uniforms, issued or used;
9iii) manning; iv) the total number of employees employed by the
10department; v) mutual aid and assistance agreements to other
11units of government; and vi) the criterion pursuant to which
12force, including deadly force, can be used; provided, nothing
13herein shall preclude an arbitration decision regarding
14equipment or manning levels if such decision is based on a
15finding that the equipment or manning considerations in a
16specific work assignment involve a serious risk to the safety
17of a peace officer beyond that which is inherent in the normal
18performance of police duties. Limitation of the terms of the
19arbitration decision pursuant to this subsection shall not be
20construed to limit the factors upon which the decision may be
21based, as set forth in subsection (h).
22    In the case of fire fighter, and fire department or fire
23district paramedic matters, the arbitration decision shall be
24limited to wages, hours, and conditions of employment
25(including manning and also including residency requirements
26in municipalities with a population under 1,000,000, but those

 

 

10100HB0163sam002- 27 -LRB101 04752 RLC 74552 a

1residency requirements shall not allow residency outside of
2Illinois) and shall not include the following matters: i)
3residency requirements in municipalities with a population of
4at least 1,000,000; ii) the type of equipment (other than
5uniforms and fire fighter turnout gear) issued or used; iii)
6the total number of employees employed by the department; iv)
7mutual aid and assistance agreements to other units of
8government; and v) the criterion pursuant to which force,
9including deadly force, can be used; and vii) the discipline or
10discharge of peace officers; provided, however, nothing herein
11shall preclude an arbitration decision regarding equipment
12levels if such decision is based on a finding that the
13equipment considerations in a specific work assignment involve
14a serious risk to the safety of a fire fighter beyond that
15which is inherent in the normal performance of fire fighter
16duties. Limitation of the terms of the arbitration decision
17pursuant to this subsection shall not be construed to limit the
18facts upon which the decision may be based, as set forth in
19subsection (h).
20    The changes to this subsection (i) made by Public Act
2190-385 (relating to residency requirements) do not apply to
22persons who are employed by a combined department that performs
23both police and firefighting services; these persons shall be
24governed by the provisions of this subsection (i) relating to
25peace officers, as they existed before the amendment by Public
26Act 90-385.

 

 

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1    To preserve historical bargaining rights, this subsection
2shall not apply to any provision of a fire fighter collective
3bargaining agreement in effect and applicable on the effective
4date of this Act; provided, however, nothing herein shall
5preclude arbitration with respect to any such provision.
6    (j) Arbitration procedures shall be deemed to be initiated
7by the filing of a letter requesting mediation as required
8under subsection (a) of this Section. The commencement of a new
9municipal fiscal year after the initiation of arbitration
10procedures under this Act, but before the arbitration decision,
11or its enforcement, shall not be deemed to render a dispute
12moot, or to otherwise impair the jurisdiction or authority of
13the arbitration panel or its decision. Increases in rates of
14compensation awarded by the arbitration panel may be effective
15only at the start of the fiscal year next commencing after the
16date of the arbitration award. If a new fiscal year has
17commenced either since the initiation of arbitration
18procedures under this Act or since any mutually agreed
19extension of the statutorily required period of mediation under
20this Act by the parties to the labor dispute causing a delay in
21the initiation of arbitration, the foregoing limitations shall
22be inapplicable, and such awarded increases may be retroactive
23to the commencement of the fiscal year, any other statute or
24charter provisions to the contrary, notwithstanding. At any
25time the parties, by stipulation, may amend or modify an award
26of arbitration.

 

 

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1    (k) Orders of the arbitration panel shall be reviewable,
2upon appropriate petition by either the public employer or the
3exclusive bargaining representative, by the circuit court for
4the county in which the dispute arose or in which a majority of
5the affected employees reside, but only for reasons that the
6arbitration panel was without or exceeded its statutory
7authority; the order is arbitrary, or capricious; or the order
8was procured by fraud, collusion or other similar and unlawful
9means. Such petitions for review must be filed with the
10appropriate circuit court within 90 days following the issuance
11of the arbitration order. The pendency of such proceeding for
12review shall not automatically stay the order of the
13arbitration panel. The party against whom the final decision of
14any such court shall be adverse, if such court finds such
15appeal or petition to be frivolous, shall pay reasonable
16attorneys' fees and costs to the successful party as determined
17by said court in its discretion. If said court's decision
18affirms the award of money, such award, if retroactive, shall
19bear interest at the rate of 12 percent per annum from the
20effective retroactive date.
21    (l) During the pendency of proceedings before the
22arbitration panel, existing wages, hours, and other conditions
23of employment shall not be changed by action of either party
24without the consent of the other but a party may so consent
25without prejudice to his rights or position under this Act. The
26proceedings are deemed to be pending before the arbitration

 

 

10100HB0163sam002- 30 -LRB101 04752 RLC 74552 a

1panel upon the initiation of arbitration procedures under this
2Act.
3    (m) Security officers of public employers, and Peace
4Officers, Fire Fighters and fire department and fire protection
5district paramedics, covered by this Section may not withhold
6services, nor may public employers lock out or prevent such
7employees from performing services at any time.
8    (n) All of the terms decided upon by the arbitration panel
9shall be included in an agreement to be submitted to the public
10employer's governing body for ratification and adoption by law,
11ordinance or the equivalent appropriate means.
12    The governing body shall review each term decided by the
13arbitration panel. If the governing body fails to reject one or
14more terms of the arbitration panel's decision by a 3/5 vote of
15those duly elected and qualified members of the governing body,
16within 20 days of issuance, or in the case of firefighters
17employed by a state university, at the next regularly scheduled
18meeting of the governing body after issuance, such term or
19terms shall become a part of the collective bargaining
20agreement of the parties. If the governing body affirmatively
21rejects one or more terms of the arbitration panel's decision,
22it must provide reasons for such rejection with respect to each
23term so rejected, within 20 days of such rejection and the
24parties shall return to the arbitration panel for further
25proceedings and issuance of a supplemental decision with
26respect to the rejected terms. Any supplemental decision by an

 

 

10100HB0163sam002- 31 -LRB101 04752 RLC 74552 a

1arbitration panel or other decision maker agreed to by the
2parties shall be submitted to the governing body for
3ratification and adoption in accordance with the procedures and
4voting requirements set forth in this Section. The voting
5requirements of this subsection shall apply to all disputes
6submitted to arbitration pursuant to this Section
7notwithstanding any contrary voting requirements contained in
8any existing collective bargaining agreement between the
9parties.
10    (o) If the governing body of the employer votes to reject
11the panel's decision, the parties shall return to the panel
12within 30 days from the issuance of the reasons for rejection
13for further proceedings and issuance of a supplemental
14decision. All reasonable costs of such supplemental proceeding
15including the exclusive representative's reasonable attorney's
16fees, as established by the Board, shall be paid by the
17employer.
18    (p) Notwithstanding the provisions of this Section the
19employer and exclusive representative may agree to submit
20unresolved disputes concerning wages, hours, terms and
21conditions of employment to an alternative form of impasse
22resolution.
23(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
24    (5 ILCS 315/20)  (from Ch. 48, par. 1620)
25    Sec. 20. Prohibitions.

 

 

10100HB0163sam002- 32 -LRB101 04752 RLC 74552 a

1    (a) Nothing in this Act shall be construed to require an
2individual employee to render labor or service without his
3consent, nor shall anything in this Act be construed to make
4the quitting of his labor by an individual employee an illegal
5act; nor shall any court issue any process to compel the
6performance by an individual employee of such labor or service,
7without his consent; nor shall the quitting of labor by an
8employee or employees in good faith because of abnormally
9dangerous conditions for work at the place of employment of
10such employee be deemed a strike under this Act.
11    (b) This Act shall not be applicable to units of local
12government employing less than 5 employees at the time the
13Petition for Certification or Representation is filed with the
14Board. This prohibition shall not apply to bargaining units in
15existence on the effective date of this Act and units of local
16government employing more than 5 employees where the total
17number of employees falls below 5 after the Board has certified
18a bargaining unit.
19    (c) On or after the effective date of this amendatory Act
20of the 101st General Assembly, no collective bargaining
21agreement applicable to peace officers, including, but not
22limited to, the Illinois State Police, shall be entered into
23containing any provision that does not pertain directly to
24wages or benefits, or both, including any provision pertaining
25to discipline.
26(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67,

 

 

10100HB0163sam002- 33 -LRB101 04752 RLC 74552 a

1eff. 1-1-06.)
 
2    Section 10-116.5. The Community-Law Enforcement
3Partnership for Deflection and Substance Use Disorder
4Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
530, and 35 and by adding Section 21 as follows:
 
6    (5 ILCS 820/1)
7    Sec. 1. Short title. This Act may be cited as the
8Community-Law Enforcement and Other First Responder
9Partnership for Deflection and Substance Use Disorder
10Treatment Act.
11(Source: P.A. 100-1025, eff. 1-1-19.)
 
12    (5 ILCS 820/5)
13    Sec. 5. Purposes. The General Assembly hereby acknowledges
14that opioid use disorders, overdoses, and deaths in Illinois
15are persistent and growing concerns for Illinois communities.
16These concerns compound existing challenges to adequately
17address and manage substance use and mental health disorders.
18Law enforcement officers, other first responders, and
19co-responders have a unique opportunity to facilitate
20connections to community-based behavioral health interventions
21that provide substance use treatment and can help save and
22restore lives; help reduce drug use, overdose incidence,
23criminal offending, and recidivism; and help prevent arrest and

 

 

10100HB0163sam002- 34 -LRB101 04752 RLC 74552 a

1conviction records that destabilize health, families, and
2opportunities for community citizenship and self-sufficiency.
3These efforts are bolstered when pursued in partnership with
4licensed behavioral health treatment providers and community
5members or organizations. It is the intent of the General
6Assembly to authorize law enforcement and other first
7responders to develop and implement collaborative deflection
8programs in Illinois that offer immediate pathways to substance
9use treatment and other services as an alternative to
10traditional case processing and involvement in the criminal
11justice system, and to unnecessary admission to emergency
12departments.
13(Source: P.A. 100-1025, eff. 1-1-19.)
 
14    (5 ILCS 820/10)
15    Sec. 10. Definitions. In this Act:
16    "Case management" means those services which will assist
17persons in gaining access to needed social, educational,
18medical, substance use and mental health treatment, and other
19services.
20    "Community member or organization" means an individual
21volunteer, resident, public office, or a not-for-profit
22organization, religious institution, charitable organization,
23or other public body committed to the improvement of individual
24and family mental and physical well-being and the overall
25social welfare of the community, and may include persons with

 

 

10100HB0163sam002- 35 -LRB101 04752 RLC 74552 a

1lived experience in recovery from substance use disorder,
2either themselves or as family members.
3    "Other first responder" means and includes emergency
4medical services providers that are public units of government,
5fire departments and districts, and officials and responders
6representing and employed by these entities.
7    "Deflection program" means a program in which a peace
8officer or member of a law enforcement agency or other first
9responder facilitates contact between an individual and a
10licensed substance use treatment provider or clinician for
11assessment and coordination of treatment planning, including
12co-responder approaches that incorporate behavioral health,
13peer, or social work professionals with law enforcement or
14other first responders at the scene. This facilitation includes
15defined criteria for eligibility and communication protocols
16agreed to by the law enforcement agency or other first
17responder entity and the licensed treatment provider for the
18purpose of providing substance use treatment to those persons
19in lieu of arrest or further justice system involvement, or
20unnecessary admissions to the emergency department. Deflection
21programs may include, but are not limited to, the following
22types of responses:
23        (1) a post-overdose deflection response initiated by a
24    peace officer or law enforcement agency subsequent to
25    emergency administration of medication to reverse an
26    overdose, or in cases of severe substance use disorder with

 

 

10100HB0163sam002- 36 -LRB101 04752 RLC 74552 a

1    acute risk for overdose;
2        (2) a self-referral deflection response initiated by
3    an individual by contacting a peace officer or law
4    enforcement agency or other first responder in the
5    acknowledgment of their substance use or disorder;
6        (3) an active outreach deflection response initiated
7    by a peace officer or law enforcement agency or other first
8    responder as a result of proactive identification of
9    persons thought likely to have a substance use disorder;
10        (4) an officer or other first responder prevention
11    deflection response initiated by a peace officer or law
12    enforcement agency in response to a community call when no
13    criminal charges are present; and
14        (5) an officer intervention deflection response when
15    criminal charges are present but held in abeyance pending
16    engagement with treatment.
17    "Law enforcement agency" means a municipal police
18department or county sheriff's office of this State, the
19Department of State Police, or other law enforcement agency
20whose officers, by statute, are granted and authorized to
21exercise powers similar to those conferred upon any peace
22officer employed by a law enforcement agency of this State.
23    "Licensed treatment provider" means an organization
24licensed by the Department of Human Services to perform an
25activity or service, or a coordinated range of those activities
26or services, as the Department of Human Services may establish

 

 

10100HB0163sam002- 37 -LRB101 04752 RLC 74552 a

1by rule, such as the broad range of emergency, outpatient,
2intensive outpatient, and residential services and care,
3including assessment, diagnosis, case management, medical,
4psychiatric, psychological and social services,
5medication-assisted treatment, care and counseling, and
6recovery support, which may be extended to persons to assess or
7treat substance use disorder or to families of those persons.
8    "Peace officer" means any peace officer or member of any
9duly organized State, county, or municipal peace officer unit,
10any police force of another State, or any police force whose
11members, by statute, are granted and authorized to exercise
12powers similar to those conferred upon any peace officer
13employed by a law enforcement agency of this State.
14    "Substance use disorder" means a pattern of use of alcohol
15or other drugs leading to clinical or functional impairment, in
16accordance with the definition in the Diagnostic and
17Statistical Manual of Mental Disorders (DSM-5), or in any
18subsequent editions.
19    "Treatment" means the broad range of emergency,
20outpatient, intensive outpatient, and residential services and
21care (including assessment, diagnosis, case management,
22medical, psychiatric, psychological and social services,
23medication-assisted treatment, care and counseling, and
24recovery support) which may be extended to persons who have
25substance use disorders, persons with mental illness, or
26families of those persons.

 

 

10100HB0163sam002- 38 -LRB101 04752 RLC 74552 a

1(Source: P.A. 100-1025, eff. 1-1-19.)
 
2    (5 ILCS 820/15)
3    Sec. 15. Authorization.
4    (a) Any law enforcement agency or other first responder
5entity may establish a deflection program subject to the
6provisions of this Act in partnership with one or more licensed
7providers of substance use disorder treatment services and one
8or more community members or organizations. Programs
9established by another first responder entity shall also
10include a law enforcement agency.
11    (b) The deflection program may involve a post-overdose
12deflection response, a self-referral deflection response, an
13active outreach deflection response, an officer or other first
14responder prevention deflection response, or an officer
15intervention deflection response, or any combination of those.
16    (c) Nothing shall preclude the General Assembly from adding
17other responses to a deflection program, or preclude a law
18enforcement agency or other first responder entity from
19developing a deflection program response based on a model
20unique and responsive to local issues, substance use or mental
21health needs, and partnerships, using sound and promising or
22evidence-based practices.
23    (c-5) Whenever appropriate and available, case management
24should be provided by a licensed treatment provider or other
25appropriate provider and may include peer recovery support

 

 

10100HB0163sam002- 39 -LRB101 04752 RLC 74552 a

1approaches.
2    (d) To receive funding for activities as described in
3Section 35 of this Act, planning for the deflection program
4shall include:
5        (1) the involvement of one or more licensed treatment
6    programs and one or more community members or
7    organizations; and
8        (2) an agreement with the Illinois Criminal Justice
9    Information Authority to collect and evaluate relevant
10    statistical data related to the program, as established by
11    the Illinois Criminal Justice Information Authority in
12    paragraph (2) of subsection (a) of Section 25 of this Act.
13        (3) an agreement with participating licensed treatment
14    providers authorizing the release of statistical data to
15    the Illinois Criminal Justice Information Authority, in
16    compliance with State and Federal law, as established by
17    the Illinois Criminal Justice Information Authority in
18    paragraph (2) of subsection (a) of Section 25 of this Act.
19(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    (5 ILCS 820/20)
21    Sec. 20. Procedure. The law enforcement agency or other
22first responder entity, licensed treatment providers, and
23community members or organizations shall establish a local
24deflection program plan that includes protocols and procedures
25for participant identification, screening or assessment,

 

 

10100HB0163sam002- 40 -LRB101 04752 RLC 74552 a

1treatment facilitation, reporting, and ongoing involvement of
2the law enforcement agency. Licensed substance use disorder
3treatment organizations shall adhere to 42 CFR Part 2 regarding
4confidentiality regulations for information exchange or
5release. Substance use disorder treatment services shall
6adhere to all regulations specified in Department of Human
7Services Administrative Rules, Parts 2060 and 2090.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    (5 ILCS 820/21 new)
10    Sec. 21. Training. The law enforcement agency or other
11first responder entity in programs that receive funding for
12services under Section 35 of this Act shall and that receive
13training under subsection (a.1) of Section 35 shall be trained
14in:
15        (a)Neuroscience of Addiction for Law Enforcement;
16        (b)Medication-Assisted Treatment;
17        (c)Criminogenic Risk-Need for Health and Safety;
18        (d)Why Drug Treatment Works?;
19        (e)Eliminating Stigma for People with Substance-Use
20    Disorders and Mental Health;
21        (f)Avoiding Racial Bias in Deflection Program;
22        (g)Promotion Racial and Gender Equity in Deflection;
23        (h)Working With Community Partnerships; and
24        (i)Deflection in Rural Communities.
 

 

 

10100HB0163sam002- 41 -LRB101 04752 RLC 74552 a

1    (5 ILCS 820/30)
2    Sec. 30. Exemption from civil liability. The law
3enforcement agency or peace officer or other first responder
4acting in good faith shall not, as the result of acts or
5omissions in providing services under Section 15 of this Act,
6be liable for civil damages, unless the acts or omissions
7constitute willful and wanton misconduct.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    (5 ILCS 820/35)
10    Sec. 35. Funding.
11    (a) The General Assembly may appropriate funds to the
12Illinois Criminal Justice Information Authority for the
13purpose of funding law enforcement agencies or other first
14responder entities for services provided by deflection program
15partners as part of deflection programs subject to subsection
16(d) of Section 15 of this Act.
17    (a.1) Up to 10 percent of appropriated funds may be
18expended on activities related to knowledge dissemination,
19training, technical assistance, or other similar activities
20intended to increase practitioner and public awareness of
21deflection and/or to support its implementation. The Illinois
22Criminal Justice Information Authority may adopt guidelines
23and requirements to direct the distribution of funds for these
24activities.
25    (b) For all appropriated funds not distributed under

 

 

10100HB0163sam002- 42 -LRB101 04752 RLC 74552 a

1subsection a.1, the The Illinois Criminal Justice Information
2Authority may adopt guidelines and requirements to direct the
3distribution of funds for expenses related to deflection
4programs. Funding shall be made available to support both new
5and existing deflection programs in a broad spectrum of
6geographic regions in this State, including urban, suburban,
7and rural communities. Funding for deflection programs shall be
8prioritized for communities that have been impacted by the war
9on drugs, communities that have a police/community relations
10issue, and communities that have a disproportionate lack of
11access to mental health and drug treatment. Activities eligible
12for funding under this Act may include, but are not limited to,
13the following:
14        (1) activities related to program administration,
15    coordination, or management, including, but not limited
16    to, the development of collaborative partnerships with
17    licensed treatment providers and community members or
18    organizations; collection of program data; or monitoring
19    of compliance with a local deflection program plan;
20        (2) case management including case management provided
21    prior to assessment, diagnosis, and engagement in
22    treatment, as well as assistance navigating and gaining
23    access to various treatment modalities and support
24    services;
25        (3) peer recovery or recovery support services that
26    include the perspectives of persons with the experience of

 

 

10100HB0163sam002- 43 -LRB101 04752 RLC 74552 a

1    recovering from a substance use disorder, either
2    themselves or as family members;
3        (4) transportation to a licensed treatment provider or
4    other program partner location;
5        (5) program evaluation activities.
6        (6) naloxone and related supplies necessary for
7    carrying out overdose reversal for purposes of
8    distribution to program participants or for use by law
9    enforcement or other first responders; and
10        (7) treatment necessary to prevent gaps in service
11    delivery between linkage and coverage by other funding
12    sources when otherwise non-reimbursable.
13    (c) Specific linkage agreements with recovery support
14services or self-help entities may be a requirement of the
15program services protocols. All deflection programs shall
16encourage the involvement of key family members and significant
17others as a part of a family-based approach to treatment. All
18deflection programs are encouraged to use evidence-based
19practices and outcome measures in the provision of substance
20use disorder treatment and medication-assisted treatment for
21persons with opioid use disorders.
22(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
23    Section 10-116.7. The Attorney General Act is amended by
24adding Section 10 as follows:
 

 

 

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1    (15 ILCS 205/10 new)
2    Sec. 10. Executive officers.
3    (a) As used in this Section:
4        (1)"Governmental authority" means any local
5    governmental unit in this State, any municipal corporation
6    in this State, or any governmental unit of the State of
7    Illinois. This includes any office, officer, department,
8    division, bureau, board, commission, or agency of the
9    State.
10        (2) "Officer" means any probationary law enforcement
11    officer, probationary part-time law enforcement officer,
12    permanent law enforcement officer, part-time law
13    enforcement officer, law enforcement officer, recruit,
14    probationary county corrections officer, permanent county
15    corrections officer, county corrections officer,
16    probationary court security officer, permanent court
17    security officer, or court security officer as defined in
18    the Police Training Act, 50 ILCS 705/2.
19    (b)No governmental authority, or agent of a governmental
20authority, or person acting on behalf of a governmental
21authority, shall engage in a pattern or practice of conduct by
22officers that deprives any person of rights, privileges, or
23immunities secured or protected by the Constitution or laws of
24the United States or by the Constitution or laws of Illinois.
25    (c) Whenever the Illinois Attorney General has reasonable
26cause to believe that a violation of subsection (b) has

 

 

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1occurred, the Illinois Attorney General may commence a civil
2action in the name of the People of the State to obtain
3appropriate equitable and declaratory relief to eliminate the
4pattern or practice. Venue for this civil action shall be
5Sangamon County or Cook County. Such actions shall be commenced
6no later than 5 years after the occurrence or the termination
7of an alleged violation, whichever occurs last.
8    (d) Prior to initiating a civil action, the Attorney
9General may conduct a preliminary investigation to determine
10whether there is reasonable cause to believe that a violation
11of subsection (b) has occurred. In conducting this
12investigation, the Attorney General may:
13        (1)Require the individual or entity to file a statement
14    or report in writing under oath or otherwise, as to all
15    information the Attorney General may consider necessary;
16        (2)Examine under oath any person alleged to have
17    participated in or with nowledge of the alleged pattern and
18    practice violation; or
19        (3)Issue subpoenas or conduct hearings in aid of any
20    investigation.
21    (e)Service by the Attorney General of any notice requiring
22a person to file a statement or report, or of a subpoena upon
23any person, shall be made:
24        (1)personally by delivery of a duly executed copy
25    thereof to the person to be served or, if a person is not a
26    natural person, in the manner provided in the Code of Civil

 

 

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1    Procedure when a complaint is filed; or
2        (2)by mailing by certified mail a duly executed copy
3    thereof to the person to be served at his or her last known
4    abode or principal place of business within this State or,
5    if a person is not a natural person, in the manner provided
6    in the Code of Civil Procedure when a complaint is filed.
7        (3)The Attorney General may compel compliance with
8    investigative demands under this Section through an order
9    by any court of competent jurisdiction.
10    (f)(1) In any civil action brought pursuant to subsection
11(c) of this Section, the Attorney General may obtain as a
12remedy equitable and declaratory relief (including any
13permanent or preliminary injunction, temporary restraining
14order, or other order, including an order enjoining the
15defendant from engaging in such violation or ordering any
16action as may be appropriate). In addition, the Attorney
17General may request and the Court may impose a civil penalty to
18vindicate the public interest in an amount not exceeding
19$25,000 per violation, or if the defendant has been adjudged to
20have committed one other civil rights violation under this
21Section within 5 years of the occurrence of the violation that
22is the basis of the complaint, in an amount not exceeding
23$50,000. (2) A civil penalty imposed under this subsection
24shall be deposited into the Attorney General Court Ordered and
25Voluntary Compliance Payment Projects Fund, which is a special
26fund in the State Treasury. Moneys in the Fund shall be used,

 

 

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1subject to appropriation, for the performance of any function
2pertaining to the exercise of the duties of the Attorney
3General including but not limited to enforcement of any law of
4this State and conducting public education programs; however,
5any moneys in the Fund that are required by the court or by an
6agreement to be used for a particular purpose shall be used for
7that purpose.
 
8    Section 10-117. The Illinois Identification Card Act is
9amended by changing Section 4 as follows:
 
10    (15 ILCS 335/4)  (from Ch. 124, par. 24)
11    Sec. 4. Identification card.
12    (a) The Secretary of State shall issue a standard Illinois
13Identification Card to any natural person who is a resident of
14the State of Illinois who applies for such card, or renewal
15thereof. No identification card shall be issued to any person
16who holds a valid foreign state identification card, license,
17or permit unless the person first surrenders to the Secretary
18of State the valid foreign state identification card, license,
19or permit. The card shall be prepared and supplied by the
20Secretary of State and shall include a photograph and signature
21or mark of the applicant. However, the Secretary of State may
22provide by rule for the issuance of Illinois Identification
23Cards without photographs if the applicant has a bona fide
24religious objection to being photographed or to the display of

 

 

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1his or her photograph. The Illinois Identification Card may be
2used for identification purposes in any lawful situation only
3by the person to whom it was issued. As used in this Act,
4"photograph" means any color photograph or digitally produced
5and captured image of an applicant for an identification card.
6As used in this Act, "signature" means the name of a person as
7written by that person and captured in a manner acceptable to
8the Secretary of State.
9    (a-5) If an applicant for an identification card has a
10current driver's license or instruction permit issued by the
11Secretary of State, the Secretary may require the applicant to
12utilize the same residence address and name on the
13identification card, driver's license, and instruction permit
14records maintained by the Secretary. The Secretary may
15promulgate rules to implement this provision.
16    (a-10) If the applicant is a judicial officer as defined in
17Section 1-10 of the Judicial Privacy Act or a peace officer,
18the applicant may elect to have his or her office or work
19address listed on the card instead of the applicant's residence
20or mailing address. The Secretary may promulgate rules to
21implement this provision. For the purposes of this subsection
22(a-10), "peace officer" means any person who by virtue of his
23or her office or public employment is vested by law with a duty
24to maintain public order or to make arrests for a violation of
25any penal statute of this State, whether that duty extends to
26all violations or is limited to specific violations.

 

 

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1    (a-15) The Secretary of State may provide for an expedited
2process for the issuance of an Illinois Identification Card.
3The Secretary shall charge an additional fee for the expedited
4issuance of an Illinois Identification Card, to be set by rule,
5not to exceed $75. All fees collected by the Secretary for
6expedited Illinois Identification Card service shall be
7deposited into the Secretary of State Special Services Fund.
8The Secretary may adopt rules regarding the eligibility,
9process, and fee for an expedited Illinois Identification Card.
10If the Secretary of State determines that the volume of
11expedited identification card requests received on a given day
12exceeds the ability of the Secretary to process those requests
13in an expedited manner, the Secretary may decline to provide
14expedited services, and the additional fee for the expedited
15service shall be refunded to the applicant.
16    (a-20) The Secretary of State shall issue a standard
17Illinois Identification Card to a committed person upon release
18on parole, mandatory supervised release, aftercare release,
19final discharge, or pardon from the Department of Corrections
20or Department of Juvenile Justice, if the released person
21presents a certified copy of his or her birth certificate,
22social security card or other documents authorized by the
23Secretary, and 2 documents proving his or her Illinois
24residence address. Documents proving residence address may
25include any official document of the Department of Corrections
26or the Department of Juvenile Justice showing the released

 

 

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1person's address after release and a Secretary of State
2prescribed certificate of residency form, which may be executed
3by Department of Corrections or Department of Juvenile Justice
4personnel.
5    (a-25) The Secretary of State shall issue a limited-term
6Illinois Identification Card valid for 90 days to a committed
7person upon release on parole, mandatory supervised release,
8aftercare release, final discharge, or pardon from the
9Department of Corrections or Department of Juvenile Justice, if
10the released person is unable to present a certified copy of
11his or her birth certificate and social security card or other
12documents authorized by the Secretary, but does present a
13Secretary of State prescribed verification form completed by
14the Department of Corrections or Department of Juvenile
15Justice, verifying the released person's date of birth and
16social security number and 2 documents proving his or her
17Illinois residence address. The verification form must have
18been completed no more than 30 days prior to the date of
19application for the Illinois Identification Card. Documents
20proving residence address shall include any official document
21of the Department of Corrections or the Department of Juvenile
22Justice showing the person's address after release and a
23Secretary of State prescribed certificate of residency, which
24may be executed by Department of Corrections or Department of
25Juvenile Justice personnel.
26    Prior to the expiration of the 90-day period of the

 

 

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1limited-term Illinois Identification Card, if the released
2person submits to the Secretary of State a certified copy of
3his or her birth certificate and his or her social security
4card or other documents authorized by the Secretary, a standard
5Illinois Identification Card shall be issued. A limited-term
6Illinois Identification Card may not be renewed.
7    (a-26) The Secretary of State shall track and issue an
8annual report to the General Assembly detailing the number of
9permanent Illinois Identification Cards issued by the
10Secretary of State to persons presenting verification forms
11issued by the Department of Juvenile Justice and Department of
12Corrections. The report shall include comparable data from the
13previous calendar year and shall reflect any increases or
14decreases. The Secretary of State shall publish the report on
15the Secretary of State's website.
16    (a-30) The Secretary of State shall issue a standard
17Illinois Identification Card to a person upon conditional
18release or absolute discharge from the custody of the
19Department of Human Services, if the person presents a
20certified copy of his or her birth certificate, social security
21card, or other documents authorized by the Secretary, and a
22document proving his or her Illinois residence address. The
23Secretary of State shall issue a standard Illinois
24Identification Card to a person no sooner than 14 days prior to
25his or her conditional release or absolute discharge if
26personnel from the Department of Human Services bring the

 

 

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1person to a Secretary of State location with the required
2documents. Documents proving residence address may include any
3official document of the Department of Human Services showing
4the person's address after release and a Secretary of State
5prescribed verification form, which may be executed by
6personnel of the Department of Human Services.
7    (a-35) The Secretary of State shall issue a limited-term
8Illinois Identification Card valid for 90 days to a person upon
9conditional release or absolute discharge from the custody of
10the Department of Human Services, if the person is unable to
11present a certified copy of his or her birth certificate and
12social security card or other documents authorized by the
13Secretary, but does present a Secretary of State prescribed
14verification form completed by the Department of Human
15Services, verifying the person's date of birth and social
16security number, and a document proving his or her Illinois
17residence address. The verification form must have been
18completed no more than 30 days prior to the date of application
19for the Illinois Identification Card. The Secretary of State
20shall issue a limited-term Illinois Identification Card to a
21person no sooner than 14 days prior to his or her conditional
22release or absolute discharge if personnel from the Department
23of Human Services bring the person to a Secretary of State
24location with the required documents. Documents proving
25residence address shall include any official document of the
26Department of Human Services showing the person's address after

 

 

10100HB0163sam002- 53 -LRB101 04752 RLC 74552 a

1release and a Secretary of State prescribed verification form,
2which may be executed by personnel of the Department of Human
3Services.
4    (b) The Secretary of State shall issue a special Illinois
5Identification Card, which shall be known as an Illinois Person
6with a Disability Identification Card, to any natural person
7who is a resident of the State of Illinois, who is a person
8with a disability as defined in Section 4A of this Act, who
9applies for such card, or renewal thereof. No Illinois Person
10with a Disability Identification Card shall be issued to any
11person who holds a valid foreign state identification card,
12license, or permit unless the person first surrenders to the
13Secretary of State the valid foreign state identification card,
14license, or permit. The Secretary of State shall charge no fee
15to issue such card. The card shall be prepared and supplied by
16the Secretary of State, and shall include a photograph and
17signature or mark of the applicant, a designation indicating
18that the card is an Illinois Person with a Disability
19Identification Card, and shall include a comprehensible
20designation of the type and classification of the applicant's
21disability as set out in Section 4A of this Act. However, the
22Secretary of State may provide by rule for the issuance of
23Illinois Person with a Disability Identification Cards without
24photographs if the applicant has a bona fide religious
25objection to being photographed or to the display of his or her
26photograph. If the applicant so requests, the card shall

 

 

10100HB0163sam002- 54 -LRB101 04752 RLC 74552 a

1include a description of the applicant's disability and any
2information about the applicant's disability or medical
3history which the Secretary determines would be helpful to the
4applicant in securing emergency medical care. If a mark is used
5in lieu of a signature, such mark shall be affixed to the card
6in the presence of two witnesses who attest to the authenticity
7of the mark. The Illinois Person with a Disability
8Identification Card may be used for identification purposes in
9any lawful situation by the person to whom it was issued.
10    The Illinois Person with a Disability Identification Card
11may be used as adequate documentation of disability in lieu of
12a physician's determination of disability, a determination of
13disability from a physician assistant, a determination of
14disability from an advanced practice registered nurse, or any
15other documentation of disability whenever any State law
16requires that a person with a disability provide such
17documentation of disability, however an Illinois Person with a
18Disability Identification Card shall not qualify the
19cardholder to participate in any program or to receive any
20benefit which is not available to all persons with like
21disabilities. Notwithstanding any other provisions of law, an
22Illinois Person with a Disability Identification Card, or
23evidence that the Secretary of State has issued an Illinois
24Person with a Disability Identification Card, shall not be used
25by any person other than the person named on such card to prove
26that the person named on such card is a person with a

 

 

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1disability or for any other purpose unless the card is used for
2the benefit of the person named on such card, and the person
3named on such card consents to such use at the time the card is
4so used.
5    An optometrist's determination of a visual disability
6under Section 4A of this Act is acceptable as documentation for
7the purpose of issuing an Illinois Person with a Disability
8Identification Card.
9    When medical information is contained on an Illinois Person
10with a Disability Identification Card, the Office of the
11Secretary of State shall not be liable for any actions taken
12based upon that medical information.
13    (c) The Secretary of State shall provide that each original
14or renewal Illinois Identification Card or Illinois Person with
15a Disability Identification Card issued to a person under the
16age of 21 shall be of a distinct nature from those Illinois
17Identification Cards or Illinois Person with a Disability
18Identification Cards issued to individuals 21 years of age or
19older. The color designated for Illinois Identification Cards
20or Illinois Person with a Disability Identification Cards for
21persons under the age of 21 shall be at the discretion of the
22Secretary of State.
23    (c-1) Each original or renewal Illinois Identification
24Card or Illinois Person with a Disability Identification Card
25issued to a person under the age of 21 shall display the date
26upon which the person becomes 18 years of age and the date upon

 

 

10100HB0163sam002- 56 -LRB101 04752 RLC 74552 a

1which the person becomes 21 years of age.
2    (c-3) The General Assembly recognizes the need to identify
3military veterans living in this State for the purpose of
4ensuring that they receive all of the services and benefits to
5which they are legally entitled, including healthcare,
6education assistance, and job placement. To assist the State in
7identifying these veterans and delivering these vital services
8and benefits, the Secretary of State is authorized to issue
9Illinois Identification Cards and Illinois Person with a
10Disability Identification Cards with the word "veteran"
11appearing on the face of the cards. This authorization is
12predicated on the unique status of veterans. The Secretary may
13not issue any other identification card which identifies an
14occupation, status, affiliation, hobby, or other unique
15characteristics of the identification card holder which is
16unrelated to the purpose of the identification card.
17    (c-5) Beginning on or before July 1, 2015, the Secretary of
18State shall designate a space on each original or renewal
19identification card where, at the request of the applicant, the
20word "veteran" shall be placed. The veteran designation shall
21be available to a person identified as a veteran under
22subsection (b) of Section 5 of this Act who was discharged or
23separated under honorable conditions.
24    (d) The Secretary of State may issue a Senior Citizen
25discount card, to any natural person who is a resident of the
26State of Illinois who is 60 years of age or older and who

 

 

10100HB0163sam002- 57 -LRB101 04752 RLC 74552 a

1applies for such a card or renewal thereof. The Secretary of
2State shall charge no fee to issue such card. The card shall be
3issued in every county and applications shall be made available
4at, but not limited to, nutrition sites, senior citizen centers
5and Area Agencies on Aging. The applicant, upon receipt of such
6card and prior to its use for any purpose, shall have affixed
7thereon in the space provided therefor his signature or mark.
8    (e) The Secretary of State, in his or her discretion, may
9designate on each Illinois Identification Card or Illinois
10Person with a Disability Identification Card a space where the
11card holder may place a sticker or decal, issued by the
12Secretary of State, of uniform size as the Secretary may
13specify, that shall indicate in appropriate language that the
14card holder has renewed his or her Illinois Identification Card
15or Illinois Person with a Disability Identification Card.
16(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1799-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
18100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
19    Section 10-120. The Department of State Police Law of the
20Civil Administrative Code of Illinois is amended by changing
21Section 2605-302 as follows:
 
22    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-302. Arrest reports.
24    (a) When an individual is arrested, the following

 

 

10100HB0163sam002- 58 -LRB101 04752 RLC 74552 a

1information must be made available to the news media for
2inspection and copying:
3        (1) Information that identifies the individual,
4    including the name, age, address, and photograph, when and
5    if available.
6        (2) Information detailing any charges relating to the
7    arrest.
8        (3) The time and location of the arrest.
9        (4) The name of the investigating or arresting law
10    enforcement agency.
11        (5) If the individual is incarcerated, the conditions
12    of pretrial release amount of any bail or bond.
13        (6) If the individual is incarcerated, the time and
14    date that the individual was received, discharged, or
15    transferred from the arresting agency's custody.
16    (b) The information required by this Section must be made
17available to the news media for inspection and copying as soon
18as practicable, but in no event shall the time period exceed 72
19hours from the arrest. The information described in items (3),
20(4), (5), and (6) of subsection (a), however, may be withheld
21if it is determined that disclosure would (i) interfere with
22pending or actually and reasonably contemplated law
23enforcement proceedings conducted by any law enforcement or
24correctional agency; (ii) endanger the life or physical safety
25of law enforcement or correctional personnel or any other
26person; or (iii) compromise the security of any correctional

 

 

10100HB0163sam002- 59 -LRB101 04752 RLC 74552 a

1facility.
2    (c) For the purposes of this Section, the term "news media"
3means personnel of a newspaper or other periodical issued at
4regular intervals whether in print or electronic format, a news
5service whether in print or electronic format, a radio station,
6a television station, a television network, a community antenna
7television service, or a person or corporation engaged in
8making news reels or other motion picture news for public
9showing.
10    (d) Each law enforcement or correctional agency may charge
11fees for arrest records, but in no instance may the fee exceed
12the actual cost of copying and reproduction. The fees may not
13include the cost of the labor used to reproduce the arrest
14record.
15    (e) The provisions of this Section do not supersede the
16confidentiality provisions for arrest records of the Juvenile
17Court Act of 1987.
18(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
19incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
20    Section 10-125. The State Police Act is amended by changing
21Section 14 and by adding Section 17b as follows:
 
22    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
23    Sec. 14. Except as is otherwise provided in this Act, no
24Department of State Police officer shall be removed, demoted or

 

 

10100HB0163sam002- 60 -LRB101 04752 RLC 74552 a

1suspended except for cause, upon written charges filed with the
2Board by the Director and a hearing before the Board thereon
3upon not less than 10 days' notice at a place to be designated
4by the chairman thereof. At such hearing, the accused shall be
5afforded full opportunity to be heard in his or her own defense
6and to produce proof in his or her defense. It shall not be a
7requirement of a person Anyone filing a complaint against a
8State Police Officer to must have a the complaint supported by
9a sworn affidavit or any other legal documentation. This ban on
10an affidavit requirement shall apply to any collective
11bargaining agreements entered after the effective date of this
12provision. Any such complaint, having been supported by a sworn
13affidavit, and having been found, in total or in part, to
14contain false information, shall be presented to the
15appropriate State's Attorney for a determination of
16prosecution.
17    Before any such officer may be interrogated or examined by
18or before the Board, or by a departmental agent or investigator
19specifically assigned to conduct an internal investigation,
20the results of which hearing, interrogation or examination may
21be the basis for filing charges seeking his or her suspension
22for more than 15 days or his or her removal or discharge, he or
23she shall be advised in writing as to what specific improper or
24illegal act he or she is alleged to have committed; he or she
25shall be advised in writing that his or her admissions made in
26the course of the hearing, interrogation or examination may be

 

 

10100HB0163sam002- 61 -LRB101 04752 RLC 74552 a

1used as the basis for charges seeking his or her suspension,
2removal or discharge; and he or she shall be advised in writing
3that he or she has a right to counsel of his or her choosing,
4who may be present to advise him or her at any hearing,
5interrogation or examination. A complete record of any hearing,
6interrogation or examination shall be made, and a complete
7transcript or electronic recording thereof shall be made
8available to such officer without charge and without delay.
9    The Board shall have the power to secure by its subpoena
10both the attendance and testimony of witnesses and the
11production of books and papers in support of the charges and
12for the defense. Each member of the Board or a designated
13hearing officer shall have the power to administer oaths or
14affirmations. If the charges against an accused are established
15by a preponderance of evidence, the Board shall make a finding
16of guilty and order either removal, demotion, suspension for a
17period of not more than 180 days, or such other disciplinary
18punishment as may be prescribed by the rules and regulations of
19the Board which, in the opinion of the members thereof, the
20offense merits. Thereupon the Director shall direct such
21removal or other punishment as ordered by the Board and if the
22accused refuses to abide by any such disciplinary order, the
23Director shall remove him or her forthwith.
24    If the accused is found not guilty or has served a period
25of suspension greater than prescribed by the Board, the Board
26shall order that the officer receive compensation for the

 

 

10100HB0163sam002- 62 -LRB101 04752 RLC 74552 a

1period involved. The award of compensation shall include
2interest at the rate of 7% per annum.
3    The Board may include in its order appropriate sanctions
4based upon the Board's rules and regulations. If the Board
5finds that a party has made allegations or denials without
6reasonable cause or has engaged in frivolous litigation for the
7purpose of delay or needless increase in the cost of
8litigation, it may order that party to pay the other party's
9reasonable expenses, including costs and reasonable attorney's
10fees. The State of Illinois and the Department shall be subject
11to these sanctions in the same manner as other parties.
12    In case of the neglect or refusal of any person to obey a
13subpoena issued by the Board, any circuit court, upon
14application of any member of the Board, may order such person
15to appear before the Board and give testimony or produce
16evidence, and any failure to obey such order is punishable by
17the court as a contempt thereof.
18    The provisions of the Administrative Review Law, and all
19amendments and modifications thereof, and the rules adopted
20pursuant thereto, shall apply to and govern all proceedings for
21the judicial review of any order of the Board rendered pursuant
22to the provisions of this Section.
23    Notwithstanding the provisions of this Section, a policy
24making officer, as defined in the Employee Rights Violation
25Act, of the Department of State Police shall be discharged from
26the Department of State Police as provided in the Employee

 

 

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1Rights Violation Act, enacted by the 85th General Assembly.
2(Source: P.A. 96-891, eff. 5-10-10.)
 
3    (20 ILCS 2610/17b new)
4    Sec. 17b. Military equipment surplus program.
5    (a) For purposes of this Section:
6    "Bayonet" means a large knife designed to be attached to
7the muzzle of a rifle, shotgun, or long gun for the purpose of
8hand-to-hand combat.
9    "Camouflage uniform" does not include a woodland or desert
10pattern or solid color uniform.
11    "Grenade launcher" means a firearm or firearm accessory
12designed to launch small explosive projectiles.
13    "Military equipment surplus program" means any federal or
14State program allowing a law enforcement agency to obtain
15surplus military equipment including, but not limit to, any
16program organized under Section 1122 of the National Defense
17Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
18Section 1033 of the National Defense Authorization Act for
19Fiscal Year 1997 (Pub. L. 104-201), or any program established
20under 10 U.S.C. 2576a.
21    "Tracked armored vehicle" means a vehicle that provides
22ballistic protection to its occupants and utilizes a tracked
23system installed of wheels for forward motion.
24    "Weaponized aircraft, vessel, or vehicle" means any
25aircraft, vessel, or vehicle with weapons installed.

 

 

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1    (b) The Illinois State Police shall not request or receive
2from any military equipment surplus program nor purchase or
3otherwise utilize the following equipment:
4        (1) tracked armored vehicles;
5        (2) weaponized aircraft, vessels, or vehicles;
6        (3) firearms of .50-caliber or higher;
7        (4) ammunition of .50-caliber or higher;
8        (5) grenade launchers;
9        (6) bayonets;
10        (7) camouflage uniforms;
11        (8) fully automatic weapons;
12        (9) silencers;
13        (10) drones that include military grade surveillance
14    hardware or software; or
15        (11) chemical incapacitants, including tear gas, or
16    other chemical agents.
17    (c) If the Illinois State Police request other property not
18prohibited by this Section from a military equipment surplus
19program, the Illinois State Police shall publish notice of the
20request on a publicly accessible website maintained by the
21Illinois State Police within 14 days after the request.
 
22    Section 10-130. The Illinois Criminal Justice Information
23Act is amended by adding Sections 7.7 and 7.8 as follows:
 
24    (20 ILCS 3930/7.7 new)

 

 

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1    Sec. 7.7. Pretrial data collection.
2    (a) The Executive Director of the Illinois Criminal Justice
3Information Authority shall convene an oversight board to be
4known as the Pretrial Practices Data Oversight Board to oversee
5the collection and analysis of data regarding pretrial
6practices in circuit court systems. The Board shall include,
7but is not limited to, designees from the Administrative Office
8of the Illinois Courts, the Illinois Criminal Justice
9Information Authority, crime victims' advocates, and other
10entities that possess a knowledge of pretrial practices and
11data collection issues. Members of the Board shall serve
12without compensation.
13    (b) The Oversight Board shall:
14        (1) identify existing data collection processes in
15    various circuit clerk's offices;
16        (2) gather and maintain records of all available
17    pretrial data relating to the topics listed in subsection
18    (c) from circuit clerks' offices;
19        (3) identify resources necessary to systematically
20    collect and report data related to the topics listed in
21    subsections (c) from circuit clerks' offices that are
22    currently not collecting that data;
23        (4) report to the Governor and General Assembly
24    annually on the state of pretrial data collection on the
25    topics listed in subsection (c); and
26        (5) develop a plan to implement data collection

 

 

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1    processes sufficient to collect data on the topics listed
2    in subsection (c) no later than one year after the
3    effective date of this amendatory Act of the 101st General
4    Assembly.
5    The plan and, once implemented, the reports and analysis
6shall be published and made publicly available on the Oversight
7Board's government website.
8    (c) The Pretrial Practices Data Oversight Board shall
9develop a strategy to collect quarterly, circuit-level data on
10the following topics; which collection of data shall begin
11starting one year after the effective date of this amendatory
12Act of the 101st General Assembly:
13        (1) information on all persons arrested and charged
14    with misdemeanor or felony charges, or both, including
15    information on persons released directly from law
16    enforcement custody;
17        (2) information on the outcomes of pretrial conditions
18    and pretrial detention hearings in the circuit courts,
19    including, but not limited to, the number of hearings held,
20    the number of defendants detained, the number of defendants
21    released, and the number of defendants released with
22    electronic monitoring;
23        (3) information regarding persons detained in the
24    county jail pretrial, including, but not limited to, the
25    number of persons detained in the jail pretrial and the
26    number detained in the jail for other reasons, the

 

 

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1    demographics of the pretrial jail population, including
2    race, sex, age, and ethnicity, the charges on which
3    pretrial defendants are detained, the average length of
4    stay of pretrial defendants; and
5        (4) information regarding persons placed on electronic
6    monitoring programs pretrial, including, but not limited
7    to, the number of participants, the demographics
8    participant population, including race, sex, age, and
9    ethnicity, the charges on which participants are ordered to
10    the program, and the average length of participation in the
11    program;
12        (5) discharge data regarding persons detained pretrial
13    in the county jail, including, but not limited to, the
14    number who are sentenced to the Illinois Department of
15    Corrections, the number released after being sentenced to
16    time served, the number who are released on probation,
17    conditional discharge, or other community supervision, the
18    number found not guilty, the number whose cases are
19    dismissed, the number whose cases are dismissed as part of
20    a diversion or deferred prosecution program, and the number
21    who are released pretrial after a hearing re-examining
22    their pretrial detention;
23        (6) information on the pretrial rearrest of
24    individuals released pretrial, including the number
25    arrested and charged with a new misdemeanor offense while
26    released, the number arrested and charged with a new felony

 

 

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1    offense while released, and the number arrested and charged
2    with a new forcible felony offense while released, and how
3    long after release these arrests occurred;
4        (7) information on the pretrial failure to appear rates
5    of individuals released pretrial, including the number who
6    missed one or more court dates and did not have a warrant
7    issued for their arrest, how many warrants for failures to
8    appear were issued, and how many individuals were detained
9    pretrial or placed on electronic monitoring pretrial after
10    a failure to appear in court;
11        (8) Instances of Violations of any Protective Order
12    while a defendant is released pretrial, instances of
13    repeated prohibited victim contact during the pretrial
14    release, filing of new protective orders during the
15    pendency of a case, and any other relevant issues related
16    to protective orders;
17        (9) what, if any, validated risk assessment tools are
18    in use in each jurisdiction, and comparisons of the
19    pretrial release and pretrial detention decisions of
20    judges and the risk assessment scores of individuals; and
21        (10) any other information the Pretrial Practices Data
22    Oversight Board considers important and probative of the
23    effectiveness of pretrial practices in the State of
24    Illinois.
 
25    (20 ILCS 3930/7.8 new)

 

 

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1    Sec. 7.8. Domestic Violence Pretrial Practices Working
2Group.
3    (a) The Executive Director of the Illinois Criminal Justice
4Information Authority shall convene a working group to research
5and issue a report on current practices in pretrial domestic
6violence courts throughout the state of Illinois.
7    (b) The working group shall include, but is not limited to,
8designees from the Administrative Office of the Illinois
9Courts, the Illinois Criminal Justice Information Authority,
10Domestic Violence victims' advocates, formerly incarcerated
11victims of violence, legal practitioners, and other entities
12that possess knowledge of evidence-based practices surrounding
13domestic violence and current pretrial practices in Illinois.
14    (c) The group shall meet quarterly and no later than 15
15months after the effective date of this amendatory Act of the
16101st General Assembly issue a preliminary report on the state
17of current practice across the state in regards to pretrial
18practices and domestic violence and no later than 15 months
19after the release of the preliminary report, issue a final
20report issuing recommendations for evidence-based improvements
21to court procedures.
22    (d) Members of the working group shall serve without
23compensation.
 
24    Section 10-135. The Public Officer Prohibited Activities
25Act is amended by adding Section 4.1 as follows:
 

 

 

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1    (50 ILCS 105/4.1 new)
2    Sec. 4.1. Retaliation against a whistleblower.
3    (a) It is prohibited for a unit of local government, any
4agent or representative of a unit of local government, or
5another employee to retaliate against an employee or contractor
6who:
7        (1) reports an improper governmental action under this
8    Section;
9        (2) cooperates with an investigation by an auditing
10    official related to a report of improper governmental
11    action; or
12        (3) testifies in a proceeding or prosecution arising
13    out of an improper governmental action.
14    (b) To invoke the protections of this Section, an employee
15shall make a written report of improper governmental action to
16the appropriate auditing official. An employee who believes he
17or she has been retaliated against in violation of this Section
18must submit a written report to the auditing official within 60
19days of gaining knowledge of the retaliatory action. If the
20auditing official is the individual doing the improper
21governmental action, then a report under this subsection may be
22submitted to any State's Attorney.
23    (c) Each auditing official shall establish written
24processes and procedures for managing complaints filed under
25this Section, and each auditing official shall investigate and

 

 

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1dispose of reports of improper governmental action in
2accordance with these processes and procedures. If an auditing
3official concludes that an improper governmental action has
4taken place or concludes that the relevant unit of local
5government, department, agency, or supervisory officials have
6hindered the auditing official's investigation into the
7report, the auditing official shall notify in writing the chief
8executive of the unit of local government and any other
9individual or entity the auditing official deems necessary in
10the circumstances.
11    (d) An auditing official may transfer a report of improper
12governmental action to another auditing official for
13investigation if an auditing official deems it appropriate,
14including, but not limited to, the appropriate State's
15Attorney.
16    (e) To the extent allowed by law, the identity of an
17employee reporting information about an improper governmental
18action shall be kept confidential unless the employee waives
19confidentiality in writing. Auditing officials may take
20reasonable measures to protect employees who reasonably
21believe they may be subject to bodily harm for reporting
22improper government action.
23    (f) The following remedies are available to employees
24subjected to adverse actions for reporting improper government
25action:
26        (1) Auditing officials may reinstate, reimburse for

 

 

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1    lost wages or expenses incurred, promote, or provide some
2    other form of restitution.
3        (2) In instances where an auditing official determines
4    that restitution will not suffice, the auditing official
5    may make his or her investigation findings available for
6    the purposes of aiding in that employee or the employee's
7    attorney's effort to make the employee whole.
8    (g) A person who engages in prohibited retaliatory action
9under subsection (a) is subject to the following penalties: a
10fine of no less than $500 and no more than $5,000, suspension
11without pay, demotion, discharge, civil or criminal
12prosecution, or any combination of these penalties, as
13appropriate.
14    (h) Every employee shall receive a written summary or a
15complete copy of this Section upon commencement of employment
16and at least once each year of employment. At the same time,
17the employee shall also receive a copy of the written processes
18and procedures for reporting improper governmental actions
19from the applicable auditing official.
20    (i) As used in this Section:
21    "Auditing official" means any elected, appointed, or hired
22individual, by whatever name, in a unit of local government
23whose duties are similar to, but not limited to, receiving,
24registering, and investigating complaints and information
25concerning misconduct, inefficiency, and waste within the unit
26of local government; investigating the performance of

 

 

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1officers, employees, functions, and programs; and promoting
2economy, efficiency, effectiveness and integrity in the
3administration of the programs and operations of the
4municipality. If a unit of local government does not have an
5"auditing official", the "auditing official" shall be a State's
6Attorney of the county in which the unit of local government is
7located within.
8    "Employee" means anyone employed by a unit of local
9government, whether in a permanent or temporary position,
10including full-time, part-time, and intermittent workers.
11"Employee" also includes members of appointed boards or
12commissions, whether or not paid. "Employee" also includes
13persons who have been terminated because of any report or
14complaint submitted under this Section.
15    "Improper governmental action" means any action by a unit
16of local government employee, an appointed member of a board,
17commission, or committee, or an elected official of the unit of
18local government that is undertaken in violation of a federal,
19State, or unit of local government law or rule; is an abuse of
20authority; violates the public's trust or expectation of his or
21her conduct; is of substantial and specific danger to the
22public's health or safety; or is a gross waste of public funds.
23The action need not be within the scope of the employee's,
24elected official's, board member's, commission member's, or
25committee member's official duties to be subject to a claim of
26"improper governmental action". "Improper governmental action"

 

 

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1does not include a unit of local government personnel actions,
2including, but not limited to employee grievances, complaints,
3appointments, promotions, transfers, assignments,
4reassignments, reinstatements, restorations, reemployment,
5performance evaluations, reductions in pay, dismissals,
6suspensions, demotions, reprimands, or violations of
7collective bargaining agreements, except to the extent that the
8action amounts to retaliation.
9    "Retaliate", "retaliation", or "retaliatory action" means
10any adverse change in an employee's employment status or the
11terms and conditions of employment that results from an
12employee's protected activity under this Section. "Retaliatory
13action" includes, but is not limited to, denial of adequate
14staff to perform duties; frequent staff changes; frequent and
15undesirable office changes; refusal to assign meaningful work;
16unsubstantiated letters of reprimand or unsatisfactory
17performance evaluations; demotion; reduction in pay; denial of
18promotion; transfer or reassignment; suspension or dismissal;
19or other disciplinary action made because of an employee's
20protected activity under this Section.
 
21    Section 10-140. The Local Records Act is amended by
22changing Section 3b and by adding Section 25 as follows:
 
23    (50 ILCS 205/3b)
24    Sec. 3b. Arrest records and reports.

 

 

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1    (a) When an individual is arrested, the following
2information must be made available to the news media for
3inspection and copying:
4        (1) Information that identifies the individual,
5    including the name, age, address, and photograph, when and
6    if available.
7        (2) Information detailing any charges relating to the
8    arrest.
9        (3) The time and location of the arrest.
10        (4) The name of the investigating or arresting law
11    enforcement agency.
12        (5) If the individual is incarcerated, the conditions
13    of pretrial release amount of any bail or bond.
14        (6) If the individual is incarcerated, the time and
15    date that the individual was received, discharged, or
16    transferred from the arresting agency's custody.
17    (b) The information required by this Section must be made
18available to the news media for inspection and copying as soon
19as practicable, but in no event shall the time period exceed 72
20hours from the arrest. The information described in paragraphs
21(3), (4), (5), and (6) of subsection (a), however, may be
22withheld if it is determined that disclosure would:
23        (1) interfere with pending or actually and reasonably
24    contemplated law enforcement proceedings conducted by any
25    law enforcement or correctional agency;
26        (2) endanger the life or physical safety of law

 

 

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1    enforcement or correctional personnel or any other person;
2    or
3        (3) compromise the security of any correctional
4    facility.
5    (c) For the purposes of this Section the term "news media"
6means personnel of a newspaper or other periodical issued at
7regular intervals whether in print or electronic format, a news
8service whether in print or electronic format, a radio station,
9a television station, a television network, a community antenna
10television service, or a person or corporation engaged in
11making news reels or other motion picture news for public
12showing.
13    (d) Each law enforcement or correctional agency may charge
14fees for arrest records, but in no instance may the fee exceed
15the actual cost of copying and reproduction. The fees may not
16include the cost of the labor used to reproduce the arrest
17record.
18    (e) The provisions of this Section do not supersede the
19confidentiality provisions for arrest records of the Juvenile
20Court Act of 1987.
21    (f) All information, including photographs, made available
22under this Section is subject to the provisions of Section 2QQQ
23of the Consumer Fraud and Deceptive Business Practices Act.
24(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
25    (50 ILCS 205/25 new)

 

 

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1    Sec. 25. Police misconduct records. Notwithstanding any
2other provision of law to the contrary, all public records and
3nonpublic records related to complaints, investigations, and
4adjudications of police misconduct shall be permanently
5retained and may not be destroyed.
 
6    Section 10-143. The Illinois Police Training Act is amended
7by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
810.6 as follows:
 
9    (50 ILCS 705/6)  (from Ch. 85, par. 506)
10    Sec. 6. Powers and duties of the Board; selection and
11certification of schools. The Board shall select and certify
12schools within the State of Illinois for the purpose of
13providing basic training for probationary police officers,
14probationary county corrections officers, and court security
15officers and of providing advanced or in-service training for
16permanent police officers or permanent county corrections
17officers, which schools may be either publicly or privately
18owned and operated. In addition, the Board has the following
19power and duties:
20        a. To require local governmental units to furnish such
21    reports and information as the Board deems necessary to
22    fully implement this Act.
23        b. To establish appropriate mandatory minimum
24    standards relating to the training of probationary local

 

 

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1    law enforcement officers or probationary county
2    corrections officers, and in-service training of permanent
3    police officers.
4        c. To provide appropriate certification to those
5    probationary officers who successfully complete the
6    prescribed minimum standard basic training course.
7        d. To review and approve annual training curriculum for
8    county sheriffs.
9        e. To review and approve applicants to ensure that no
10    applicant is admitted to a certified academy unless the
11    applicant is a person of good character and has not been
12    convicted of, or entered a plea of guilty to, a felony
13    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
14    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
15    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
16    Criminal Code of 1961 or the Criminal Code of 2012,
17    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
18    Criminal Code of 1961 or the Criminal Code of 2012, or
19    subsection (a) of Section 17-32 of the Criminal Code of
20    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
21    the Cannabis Control Act, or a crime involving moral
22    turpitude under the laws of this State or any other state
23    which if committed in this State would be punishable as a
24    felony or a crime of moral turpitude. The Board may appoint
25    investigators who shall enforce the duties conferred upon
26    the Board by this Act.

 

 

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1        f. To establish statewide standards for minimum
2    standards regarding regular mental health screenings for
3    probationary and permanent police officers, ensuring that
4    counseling sessions and screenings remain confidential.
5(Source: P.A. 101-187, eff. 1-1-20.)
 
6    (50 ILCS 705/6.2)
7    Sec. 6.2. Officer professional conduct database.
8    (a) All law enforcement agencies shall notify the Board of
9any final determination of willful violation of department or
10agency policy, official misconduct, or violation of law when:
11        (1) the officer is discharged or dismissed as a result
12    of the violation; or
13        (2) the officer resigns during the course of an
14    investigation and after the officer has been served notice
15    that he or she is under investigation that is based on the
16    commission of any a Class 2 or greater felony or sex
17    offense.
18    The agency shall report to the Board within 30 days of a
19final decision of discharge or dismissal and final exhaustion
20of any appeal, or resignation, and shall provide information
21regarding the nature of the violation.
22    (b) Upon receiving notification from a law enforcement
23agency, the Board must notify the law enforcement officer of
24the report and his or her right to provide a statement
25regarding the reported violation.

 

 

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1    (c) The Board shall maintain a database readily available
2to any chief administrative officer, or his or her designee, of
3a law enforcement agency or any State's Attorney that shall
4show each reported instance, including the name of the officer,
5the nature of the violation, reason for the final decision of
6discharge or dismissal, and any statement provided by the
7officer.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    (50 ILCS 705/7)  (from Ch. 85, par. 507)
10    Sec. 7. Rules and standards for schools. The Board shall
11adopt rules and minimum standards for such schools which shall
12include, but not be limited to, the following:
13        a. The curriculum for probationary police officers
14    which shall be offered by all certified schools shall
15    include, but not be limited to, courses of procedural
16    justice, arrest and use and control tactics, search and
17    seizure, including temporary questioning, civil rights,
18    human rights, human relations, cultural competency,
19    including implicit bias and racial and ethnic sensitivity,
20    criminal law, law of criminal procedure, constitutional
21    and proper use of law enforcement authority, vehicle and
22    traffic law including uniform and non-discriminatory
23    enforcement of the Illinois Vehicle Code, traffic control
24    and accident investigation, techniques of obtaining
25    physical evidence, court testimonies, statements, reports,

 

 

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1    firearms training, training in the use of electronic
2    control devices, including the psychological and
3    physiological effects of the use of those devices on
4    humans, first-aid (including cardiopulmonary
5    resuscitation), training in the administration of opioid
6    antagonists as defined in paragraph (1) of subsection (e)
7    of Section 5-23 of the Substance Use Disorder Act, handling
8    of juvenile offenders, recognition of mental conditions
9    and crises, including, but not limited to, the disease of
10    addiction, which require immediate assistance and response
11    and methods to safeguard and provide assistance to a person
12    in need of mental treatment, recognition of abuse, neglect,
13    financial exploitation, and self-neglect of adults with
14    disabilities and older adults, as defined in Section 2 of
15    the Adult Protective Services Act, crimes against the
16    elderly, law of evidence, the hazards of high-speed police
17    vehicle chases with an emphasis on alternatives to the
18    high-speed chase, and physical training. The curriculum
19    shall include specific training in techniques for
20    immediate response to and investigation of cases of
21    domestic violence and of sexual assault of adults and
22    children, including cultural perceptions and common myths
23    of sexual assault and sexual abuse as well as interview
24    techniques that are age sensitive and are trauma informed,
25    victim centered, and victim sensitive. The curriculum
26    shall include training in techniques designed to promote

 

 

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1    effective communication at the initial contact with crime
2    victims and ways to comprehensively explain to victims and
3    witnesses their rights under the Rights of Crime Victims
4    and Witnesses Act and the Crime Victims Compensation Act.
5    The curriculum shall also include training in effective
6    recognition of and responses to stress, trauma, and
7    post-traumatic stress experienced by police officers that
8    is consistent with Section 25 of the Illinois Mental Health
9    First Aid Training Act in a peer setting, including
10    recognizing signs and symptoms of work-related cumulative
11    stress, issues that may lead to suicide, and solutions for
12    intervention with peer support resources. The curriculum
13    shall include a block of instruction addressing the
14    mandatory reporting requirements under the Abused and
15    Neglected Child Reporting Act. The curriculum shall also
16    include a block of instruction aimed at identifying and
17    interacting with persons with autism and other
18    developmental or physical disabilities, reducing barriers
19    to reporting crimes against persons with autism, and
20    addressing the unique challenges presented by cases
21    involving victims or witnesses with autism and other
22    developmental disabilities. The curriculum shall include
23    training in the detection and investigation of all forms of
24    human trafficking. The curriculum shall also include
25    instruction in trauma-informed responses designed to
26    ensure the physical safety and well-being of a child of an

 

 

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1    arrested parent or immediate family member; this
2    instruction must include, but is not limited to: (1)
3    understanding the trauma experienced by the child while
4    maintaining the integrity of the arrest and safety of
5    officers, suspects, and other involved individuals; (2)
6    de-escalation tactics that would include the use of force
7    when reasonably necessary; and (3) inquiring whether a
8    child will require supervision and care. The curriculum for
9    probationary police officers shall include: (1) at least 12
10    hours of hands-on, scenario-based role-playing; (2) at
11    least 6 hours of instruction on use of force techniques,
12    including the use of de-escalation techniques to prevent or
13    reduce the need for force whenever safe and feasible; (3)
14    specific training on officer safety techniques, including
15    cover, concealment, and time; and (4) at least 6 hours of
16    training focused on high-risk traffic stops. The
17    curriculum for permanent police officers shall include,
18    but not be limited to: (1) refresher and in-service
19    training in any of the courses listed above in this
20    subparagraph, (2) advanced courses in any of the subjects
21    listed above in this subparagraph, (3) training for
22    supervisory personnel, and (4) specialized training in
23    subjects and fields to be selected by the board. The
24    training in the use of electronic control devices shall be
25    conducted for probationary police officers, including
26    University police officers.

 

 

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1        b. Minimum courses of study, attendance requirements
2    and equipment requirements.
3        c. Minimum requirements for instructors.
4        d. Minimum basic training requirements, which a
5    probationary police officer must satisfactorily complete
6    before being eligible for permanent employment as a local
7    law enforcement officer for a participating local
8    governmental agency. Those requirements shall include
9    training in first aid (including cardiopulmonary
10    resuscitation).
11        e. Minimum basic training requirements, which a
12    probationary county corrections officer must
13    satisfactorily complete before being eligible for
14    permanent employment as a county corrections officer for a
15    participating local governmental agency.
16        f. Minimum basic training requirements which a
17    probationary court security officer must satisfactorily
18    complete before being eligible for permanent employment as
19    a court security officer for a participating local
20    governmental agency. The Board shall establish those
21    training requirements which it considers appropriate for
22    court security officers and shall certify schools to
23    conduct that training.
24        A person hired to serve as a court security officer
25    must obtain from the Board a certificate (i) attesting to
26    his or her successful completion of the training course;

 

 

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1    (ii) attesting to his or her satisfactory completion of a
2    training program of similar content and number of hours
3    that has been found acceptable by the Board under the
4    provisions of this Act; or (iii) attesting to the Board's
5    determination that the training course is unnecessary
6    because of the person's extensive prior law enforcement
7    experience.
8        Individuals who currently serve as court security
9    officers shall be deemed qualified to continue to serve in
10    that capacity so long as they are certified as provided by
11    this Act within 24 months of June 1, 1997 (the effective
12    date of Public Act 89-685). Failure to be so certified,
13    absent a waiver from the Board, shall cause the officer to
14    forfeit his or her position.
15        All individuals hired as court security officers on or
16    after June 1, 1997 (the effective date of Public Act
17    89-685) shall be certified within 12 months of the date of
18    their hire, unless a waiver has been obtained by the Board,
19    or they shall forfeit their positions.
20        The Sheriff's Merit Commission, if one exists, or the
21    Sheriff's Office if there is no Sheriff's Merit Commission,
22    shall maintain a list of all individuals who have filed
23    applications to become court security officers and who meet
24    the eligibility requirements established under this Act.
25    Either the Sheriff's Merit Commission, or the Sheriff's
26    Office if no Sheriff's Merit Commission exists, shall

 

 

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1    establish a schedule of reasonable intervals for
2    verification of the applicants' qualifications under this
3    Act and as established by the Board.
4        g. Minimum in-service training requirements, which a
5    police officer must satisfactorily complete every 2 3
6    years. Those requirements shall include constitutional and
7    proper use of law enforcement authority, procedural
8    justice, civil rights, human rights, mental health
9    awareness and response, officer wellness, reporting child
10    abuse and neglect, and cultural competency, including
11    implicit bias and racial and ethnic sensitivity.
12        h. Minimum in-service training requirements, which a
13    police officer must satisfactorily complete at least
14    annually. Those requirements shall include law updates,
15    advanced first-aid training and certification, crisis
16    intervention training, and officer wellness and mental
17    health and use of force training which shall include
18    scenario based training, or similar training approved by
19    the Board.
20        i. Minimum in-service training requirements as set
21    forth in Section 10.6.
22(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
23100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
241-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
25eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
26101-564, eff. 1-1-20; revised 9-10-19.)
 

 

 

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1    (50 ILCS 705/10.6 new)
2    Sec. 10.6. Mandatory training to be completed every 2
3years. The Board shall adopt rules and minimum standards for
4in-service training requirements as set forth in this Section.
5The training shall provide officers with knowledge of policies
6and laws regulating the use of force; equip officers with
7tactics and skills, including de-escalation techniques, to
8prevent or reduce the need to use force or, when force must be
9used, to use force that is objectively reasonable, necessary,
10and proportional under the totality of the circumstances; and
11ensure appropriate supervision and accountability. The
12training shall consist of at least 30 hours of training every 2
13years and shall include:
14    (1) At least 12 hours of hands-on, scenario-based
15role-playing.
16    (2) At least 6 hours of instruction on use of force
17techniques, including the use of de-escalation techniques to
18prevent or reduce the need for force whenever safe and
19feasible.
20    (3) Specific training on the law concerning stops,
21searches, and the use of force under the Fourth Amendment to
22the United States Constitution.
23    (4) Specific training on officer safety techniques,
24including cover, concealment, and time.
25    (5) At least 6 hours of training focused on high-risk

 

 

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1traffic stops.
 
2    (50 ILCS 705/10.17)
3    Sec. 10.17. Crisis intervention team training; mental
4health awareness training.
5    (a) The Illinois Law Enforcement Training Standards Board
6shall develop and approve a standard curriculum for certified
7training programs in crisis intervention of at least 40 hours
8for law enforcement recruits addressing specialized policing
9responses to people with mental illnesses. The Board shall
10conduct Crisis Intervention Team (CIT) training programs that
11train officers to identify signs and symptoms of mental
12illness, to de-escalate situations involving individuals who
13appear to have a mental illness, and connect that person in
14crisis to treatment. Crisis Intervention Team (CIT) training
15programs shall be a collaboration between law enforcement
16professionals, mental health providers, families, and consumer
17advocates and must minimally include the following components:
18(1) basic information about mental illnesses and how to
19recognize them; (2) information about mental health laws and
20resources; (3) learning from family members of individuals with
21mental illness and their experiences; and (4) verbal
22de-escalation training and role-plays. Officers who have
23successfully completed this program shall be issued a
24certificate attesting to their attendance of a Crisis
25Intervention Team (CIT) training program.

 

 

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1    (b) The Board shall create an introductory course
2incorporating adult learning models that provides law
3enforcement officers with an awareness of mental health issues
4including a history of the mental health system, types of
5mental health illness including signs and symptoms of mental
6illness and common treatments and medications, and the
7potential interactions law enforcement officers may have on a
8regular basis with these individuals, their families, and
9service providers including de-escalating a potential crisis
10situation. This course, in addition to other traditional
11learning settings, may be made available in an electronic
12format.
13(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
14100-247, eff. 1-1-18.)
 
15    Section 10-145. The Law Enforcement Officer-Worn Body
16Camera Act is amended by changing Sections 10-15, 10-20, and
1710-25 as follows:
 
18    (50 ILCS 706/10-15)
19    Sec. 10-15. Applicability.
20    (a) All Any law enforcement agencies must employ the use of
21agency which employs the use of officer-worn body cameras in
22accordance with is subject to the provisions of this Act,
23whether or not the agency receives or has received monies from
24the Law Enforcement Camera Grant Fund.

 

 

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1    (b) All law enforcement agencies must implement the use of
2body cameras for all law enforcement officers, according to the
3following schedule:
4        (1) for municipalities with populations of 500,000 or
5    more, body cameras shall be implemented by January 1, 2022;
6        (2) for municipalities with populations of 100,000 or
7    more but under 500,000, body cameras shall be implemented
8    by January 1, 2023;
9        (3) for municipalities with populations of 50,000 or
10    more but under 100,000, body cameras shall be implemented
11    by January 1, 2024; and
12        (4) for municipalities under 50,000, body cameras
13    shall be implemented by January 1, 2025.
14    (c) Any municipality or county which oversees a law
15enforcement agency which fails to comply with this Section
16shall be subject to a reduction in LGDF funding at a rate of
1720% per year until the requirements of this Section are met.
18(Source: P.A. 99-352, eff. 1-1-16.)
 
19    (50 ILCS 706/10-20)
20    Sec. 10-20. Requirements.
21    (a) The Board shall develop basic guidelines for the use of
22officer-worn body cameras by law enforcement agencies. The
23guidelines developed by the Board shall be the basis for the
24written policy which must be adopted by each law enforcement
25agency which employs the use of officer-worn body cameras. The

 

 

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1written policy adopted by the law enforcement agency must
2include, at a minimum, all of the following:
3        (1) Cameras must be equipped with pre-event recording,
4    capable of recording at least the 30 seconds prior to
5    camera activation, unless the officer-worn body camera was
6    purchased and acquired by the law enforcement agency prior
7    to July 1, 2015.
8        (2) Cameras must be capable of recording for a period
9    of 10 hours or more, unless the officer-worn body camera
10    was purchased and acquired by the law enforcement agency
11    prior to July 1, 2015.
12        (3) Cameras must be turned on at all times when the
13    officer is in uniform and is responding to calls for
14    service or engaged in any law enforcement-related
15    encounter or activity, that occurs while the officer is on
16    duty.
17            (A) If exigent circumstances exist which prevent
18        the camera from being turned on, the camera must be
19        turned on as soon as practicable.
20            (B) Officer-worn body cameras may be turned off
21        when the officer is inside of a patrol car which is
22        equipped with a functioning in-car camera; however,
23        the officer must turn on the camera upon exiting the
24        patrol vehicle for law enforcement-related encounters.
25            (C) Officer-worn body cameras may be turned off
26        when the officer is inside a correctional facility

 

 

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1        which is equipped with a functioning camera system.
2        (4) Cameras must be turned off when:
3            (A) the victim of a crime requests that the camera
4        be turned off, and unless impractical or impossible,
5        that request is made on the recording;
6            (B) a witness of a crime or a community member who
7        wishes to report a crime requests that the camera be
8        turned off, and unless impractical or impossible that
9        request is made on the recording; or
10            (C) the officer is interacting with a confidential
11        informant used by the law enforcement agency.
12        However, an officer may continue to record or resume
13    recording a victim or a witness, if exigent circumstances
14    exist, or if the officer has reasonable articulable
15    suspicion that a victim or witness, or confidential
16    informant has committed or is in the process of committing
17    a crime. Under these circumstances, and unless impractical
18    or impossible, the officer must indicate on the recording
19    the reason for continuing to record despite the request of
20    the victim or witness.
21        (4.5) Cameras may be turned off when the officer is
22    engaged in community caretaking functions. However, the
23    camera must be turned on when the officer has reason to
24    believe that the person on whose behalf the officer is
25    performing a community caretaking function has committed
26    or is in the process of committing a crime. If exigent

 

 

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1    circumstances exist which prevent the camera from being
2    turned on, the camera must be turned on as soon as
3    practicable.
4        (5) The officer must provide notice of recording to any
5    person if the person has a reasonable expectation of
6    privacy and proof of notice must be evident in the
7    recording. If exigent circumstances exist which prevent
8    the officer from providing notice, notice must be provided
9    as soon as practicable.
10        (6) (A) For the purposes of redaction, labeling, or
11    duplicating recordings, access to camera recordings shall
12    be restricted to only those personnel responsible for those
13    purposes. The recording officer and his or her supervisor
14    of the recording officer may access and review recordings
15    prior to completing incident reports or other
16    documentation, provided that the officer or his or her
17    supervisor discloses that fact in the report or
18    documentation.
19            (B) The recording officer's assigned field
20        training officer may access and review recordings for
21        training purposes. Any detective or investigator
22        directly involved in the investigation of a matter may
23        access and review recordings which pertain to that
24        investigation but may not have access to delete or
25        alter such recordings.
26        (7) Recordings made on officer-worn cameras must be

 

 

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1    retained by the law enforcement agency or by the camera
2    vendor used by the agency, on a recording medium for a
3    period of 90 days.
4            (A) Under no circumstances shall any recording
5        made with an officer-worn body camera be altered,
6        erased, or destroyed prior to the expiration of the
7        90-day storage period.
8            (B) Following the 90-day storage period, any and
9        all recordings made with an officer-worn body camera
10        must be destroyed, unless any encounter captured on the
11        recording has been flagged. An encounter is deemed to
12        be flagged when:
13                (i) a formal or informal complaint has been
14            filed;
15                (ii) the officer discharged his or her firearm
16            or used force during the encounter;
17                (iii) death or great bodily harm occurred to
18            any person in the recording;
19                (iv) the encounter resulted in a detention or
20            an arrest, excluding traffic stops which resulted
21            in only a minor traffic offense or business
22            offense;
23                (v) the officer is the subject of an internal
24            investigation or otherwise being investigated for
25            possible misconduct;
26                (vi) the supervisor of the officer,

 

 

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1            prosecutor, defendant, or court determines that
2            the encounter has evidentiary value in a criminal
3            prosecution; or
4                (vii) the recording officer requests that the
5            video be flagged for official purposes related to
6            his or her official duties.
7            (C) Under no circumstances shall any recording
8        made with an officer-worn body camera relating to a
9        flagged encounter be altered or destroyed prior to 2
10        years after the recording was flagged. If the flagged
11        recording was used in a criminal, civil, or
12        administrative proceeding, the recording shall not be
13        destroyed except upon a final disposition and order
14        from the court.
15        (8) Following the 90-day storage period, recordings
16    may be retained if a supervisor at the law enforcement
17    agency designates the recording for training purposes. If
18    the recording is designated for training purposes, the
19    recordings may be viewed by officers, in the presence of a
20    supervisor or training instructor, for the purposes of
21    instruction, training, or ensuring compliance with agency
22    policies.
23        (9) Recordings shall not be used to discipline law
24    enforcement officers unless:
25            (A) a formal or informal complaint of misconduct
26        has been made;

 

 

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1            (B) a use of force incident has occurred;
2            (C) the encounter on the recording could result in
3        a formal investigation under the Uniform Peace
4        Officers' Disciplinary Act; or
5            (D) as corroboration of other evidence of
6        misconduct.
7        Nothing in this paragraph (9) shall be construed to
8    limit or prohibit a law enforcement officer from being
9    subject to an action that does not amount to discipline.
10        (10) The law enforcement agency shall ensure proper
11    care and maintenance of officer-worn body cameras. Upon
12    becoming aware, officers must as soon as practical document
13    and notify the appropriate supervisor of any technical
14    difficulties, failures, or problems with the officer-worn
15    body camera or associated equipment. Upon receiving
16    notice, the appropriate supervisor shall make every
17    reasonable effort to correct and repair any of the
18    officer-worn body camera equipment.
19        (11) No officer may hinder or prohibit any person, not
20    a law enforcement officer, from recording a law enforcement
21    officer in the performance of his or her duties in a public
22    place or when the officer has no reasonable expectation of
23    privacy. The law enforcement agency's written policy shall
24    indicate the potential criminal penalties, as well as any
25    departmental discipline, which may result from unlawful
26    confiscation or destruction of the recording medium of a

 

 

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1    person who is not a law enforcement officer. However, an
2    officer may take reasonable action to maintain safety and
3    control, secure crime scenes and accident sites, protect
4    the integrity and confidentiality of investigations, and
5    protect the public safety and order.
6    (b) Recordings made with the use of an officer-worn body
7camera are not subject to disclosure under the Freedom of
8Information Act, except that:
9        (1) if the subject of the encounter has a reasonable
10    expectation of privacy, at the time of the recording, any
11    recording which is flagged, due to the filing of a
12    complaint, discharge of a firearm, use of force, arrest or
13    detention, or resulting death or bodily harm, shall be
14    disclosed in accordance with the Freedom of Information Act
15    if:
16            (A) the subject of the encounter captured on the
17        recording is a victim or witness; and
18            (B) the law enforcement agency obtains written
19        permission of the subject or the subject's legal
20        representative;
21        (2) except as provided in paragraph (1) of this
22    subsection (b), any recording which is flagged due to the
23    filing of a complaint, discharge of a firearm, use of
24    force, arrest or detention, or resulting death or bodily
25    harm shall be disclosed in accordance with the Freedom of
26    Information Act; and

 

 

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1        (3) upon request, the law enforcement agency shall
2    disclose, in accordance with the Freedom of Information
3    Act, the recording to the subject of the encounter captured
4    on the recording or to the subject's attorney, or the
5    officer or his or her legal representative.
6    For the purposes of paragraph (1) of this subsection (b),
7the subject of the encounter does not have a reasonable
8expectation of privacy if the subject was arrested as a result
9of the encounter. For purposes of subparagraph (A) of paragraph
10(1) of this subsection (b), "witness" does not include a person
11who is a victim or who was arrested as a result of the
12encounter.
13    Only recordings or portions of recordings responsive to the
14request shall be available for inspection or reproduction. Any
15recording disclosed under the Freedom of Information Act shall
16be redacted to remove identification of any person that appears
17on the recording and is not the officer, a subject of the
18encounter, or directly involved in the encounter. Nothing in
19this subsection (b) shall require the disclosure of any
20recording or portion of any recording which would be exempt
21from disclosure under the Freedom of Information Act.
22    (c) Nothing in this Section shall limit access to a camera
23recording for the purposes of complying with Supreme Court
24rules or the rules of evidence.
25(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 

 

 

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1    (50 ILCS 706/10-25)
2    Sec. 10-25. Reporting.
3    (a) Each law enforcement agency which employs the use of
4officer-worn body cameras must provide an annual report on the
5use of officer-worn body cameras to the Board, on or before May
61 of the year. The report shall include:
7        (1) a brief overview of the makeup of the agency,
8    including the number of officers utilizing officer-worn
9    body cameras;
10        (2) the number of officer-worn body cameras utilized by
11    the law enforcement agency;
12        (3) any technical issues with the equipment and how
13    those issues were remedied;
14        (4) a brief description of the review process used by
15    supervisors within the law enforcement agency;
16        (5) for each recording used in prosecutions of
17    conservation, criminal, or traffic offenses or municipal
18    ordinance violations:
19            (A) the time, date, location, and precinct of the
20        incident;
21            (B) the offense charged and the date charges were
22        filed; and
23        (6) any other information relevant to the
24    administration of the program.
25    (b) On or before July 30 of each year, the Board must
26analyze the law enforcement agency reports and provide an

 

 

10100HB0163sam002- 100 -LRB101 04752 RLC 74552 a

1annual report to the General Assembly and the Governor.
2(Source: P.A. 99-352, eff. 1-1-16.)
 
3    Section 10-147. The Uniform Crime Reporting Act is amended
4by changing Sections 5-10, 5-12, and 5-20 and by adding Section
55-11 as follows:
 
6    (50 ILCS 709/5-10)
7    Sec. 5-10. Central repository of crime statistics. The
8Department of State Police shall be a central repository and
9custodian of crime statistics for the State and shall have all
10the power necessary to carry out the purposes of this Act,
11including the power to demand and receive cooperation in the
12submission of crime statistics from all law enforcement
13agencies. All data and information provided to the Department
14under this Act must be provided in a manner and form prescribed
15by the Department. On an annual basis, the Department shall
16make available compilations of crime statistics and monthly
17reporting required to be reported by each law enforcement
18agency.
19(Source: P.A. 99-352, eff. 1-1-16.)
 
20    (50 ILCS 709/5-11 new)
21    Sec. 5-11. FBI National Use of Force Database.The
22Department shall participate in and regularly submit use of
23force information to the Federal Bureau of Investigation (FBI)

 

 

10100HB0163sam002- 101 -LRB101 04752 RLC 74552 a

1National Use of Force Database. Within 90 days of the effective
2date of this amendatory act, the Department shall promulgate
3rules outlining the use of force information required for
4submission to the Database, which shall be submitted monthly by
5law enforcement agencies under Section 5-12.
 
6    (50 ILCS 709/5-12)
7    Sec. 5-12. Monthly reporting. All law enforcement agencies
8shall submit to the Department of State Police on a monthly
9basis the following:
10        (1) beginning January 1, 2016, a report on any
11    arrest-related death that shall include information
12    regarding the deceased, the officer, any weapon used by the
13    officer or the deceased, and the circumstances of the
14    incident. The Department shall submit on a quarterly basis
15    all information collected under this paragraph (1) to the
16    Illinois Criminal Justice Information Authority,
17    contingent upon updated federal guidelines regarding the
18    Uniform Crime Reporting Program;
19        (2) beginning January 1, 2017, a report on any instance
20    when a law enforcement officer discharges his or her
21    firearm causing a non-fatal injury to a person, during the
22    performance of his or her official duties or in the line of
23    duty;
24        (3) a report of incident-based information on hate
25    crimes including information describing the offense,

 

 

10100HB0163sam002- 102 -LRB101 04752 RLC 74552 a

1    location of the offense, type of victim, offender, and bias
2    motivation. If no hate crime incidents occurred during a
3    reporting month, the law enforcement agency must submit a
4    no incident record, as required by the Department;
5        (4) a report on any incident of an alleged commission
6    of a domestic crime, that shall include information
7    regarding the victim, offender, date and time of the
8    incident, any injury inflicted, any weapons involved in the
9    commission of the offense, and the relationship between the
10    victim and the offender;
11        (5) data on an index of offenses selected by the
12    Department based on the seriousness of the offense,
13    frequency of occurrence of the offense, and likelihood of
14    being reported to law enforcement. The data shall include
15    the number of index crime offenses committed and number of
16    associated arrests; and
17        (6) data on offenses and incidents reported by schools
18    to local law enforcement. The data shall include offenses
19    defined as an attack against school personnel,
20    intimidation offenses, drug incidents, and incidents
21    involving weapons; .
22        (7) beginning on July 1, 2021, a report on any incident
23    where a law enforcement officer was dispatched to deal with
24    a person experiencing a mental health crisis or incident.
25    The report shall include the number of incidents, the level
26    of law enforcement response and the outcome of each

 

 

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1    incident;
2        (8) beginning on July 1, 2021, a report on use of
3    force, including any action that resulted in the death or
4    serious bodily injury of a person or the discharge of a
5    firearm at or in the direction of a person. The report
6    shall include information required by the Department,
7    pursuant to Section 5-11 of this Act.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    (50 ILCS 709/5-20)
10    Sec. 5-20. Reporting compliance. The Department of State
11Police shall annually report to the Illinois Law Enforcement
12Training Standards Board and the Department of Revenue any law
13enforcement agency not in compliance with the reporting
14requirements under this Act. A law enforcement agency's
15compliance with the reporting requirements under this Act shall
16be a factor considered by the Illinois Law Enforcement Training
17Standards Board in awarding grant funding under the Law
18Enforcement Camera Grant Act, with preference to law
19enforcement agencies which are in compliance with reporting
20requirements under this Act. Any municipality or county which
21oversees a law enforcement agency which fails to comply with
22this Act shall be subject to a reduction in LGDF funding at a
23rate of 20% per year until the requirements of this Section are
24met.
25(Source: P.A. 99-352, eff. 1-1-16.)
 

 

 

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1    Section 10-150. The Uniform Peace Officers' Disciplinary
2Act is amended by changing Sections 3.2, 3.4, and 3.8 as
3follows:
 
4    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
5    Sec. 3.2. No officer shall be subjected to interrogation
6without first being informed in writing of the nature of the
7investigation. If an administrative proceeding is instituted,
8the officer shall be informed beforehand of the names of all
9complainants. The information shall be sufficient as to
10reasonably apprise the officer of the nature of the
11investigation.
12(Source: P.A. 83-981.)
 
13    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
14    Sec. 3.4. The officer under investigation shall be informed
15in writing of the name, rank and unit or command of the officer
16in charge of the investigation, the interrogators, and all
17persons who will be present on the behalf of the employer
18during any interrogation except at a public administrative
19proceeding. The officer under investigation shall inform the
20employer of any person who will be present on his or her behalf
21during any interrogation except at a public administrative
22hearing.
23(Source: P.A. 94-344, eff. 1-1-06.)
 

 

 

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1    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
2    Sec. 3.8. Admissions; counsel; verified complaint.
3    (a) No officer shall be interrogated without first being
4advised in writing that admissions made in the course of the
5interrogation may be used as evidence of misconduct or as the
6basis for charges seeking suspension, removal, or discharge;
7and without first being advised in writing that he or she has
8the right to counsel of his or her choosing who may be present
9to advise him or her at any stage of any interrogation.
10    (b) It shall not be a requirement for a person Anyone
11filing a complaint against a sworn peace officer to must have
12the complaint supported by a sworn affidavit or any other legal
13documentation. This ban on an affidavit requirement shall apply
14to any collective bargaining agreements entered after the
15effective date of this provision. Any complaint, having been
16supported by a sworn affidavit, and having been found, in total
17or in part, to contain knowingly false material information,
18shall be presented to the appropriate State's Attorney for a
19determination of prosecution.
20(Source: P.A. 97-472, eff. 8-22-11.)
 
21    Section 10-155. The Police and Community Relations
22Improvement Act is amended by adding Section 1-35 as follows:
 
23    (50 ILCS 727/1-35 new)

 

 

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1    Sec. 1-35. Anonymous complaint policy.
2    (a) Each law enforcement agency shall adopt a written
3policy outlining the process for the handling of anonymous
4complaints. The written policy shall include, at a minimum, the
5following:
6        (1) the location where anonymous complaints can be
7    submitted;
8        (2) the officer or department which will review and
9    investigate the complaints;
10        (3) the process by which a person can determine the
11    current status of the complaint;
12        (4) each complaint shall be reviewed and investigated
13    by the highest ranking law enforcement officer of the
14    agency, or his or her designee; and
15        (5) within 30 days of receipt, each complaint shall be
16    reviewed and a determination shall be made on whether to
17    forward the complaint on for internal investigation, to the
18    Illinois Law Enforcement Training Standards Board, local
19    State's Attorney, Attorney General's Office or other
20    overseeing entity.
21    (b) The policy required by this Section shall be made
22publicly accessible on the law enforcement agency's website. If
23no such website exists, the policy shall be posted in a highly
24conspicuous, visible location in the each law enforcement
25agency office.
 

 

 

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1    Section 10-160. The Counties Code is amended by changing
2Sections 3-9008, 4-5001, 4-12001, and 4-12001.1 and by adding
3Section 3-6041 as follows:
 
4    (55 ILCS 5/3-6041 new)
5    Sec. 3-6041. Military equipment surplus program.
6    (a) For purposes of this Section:
7    "Bayonet" means a large knife designed to be attached to
8the muzzle of a rifle, shotgun, or long gun for the purpose of
9hand-to-hand combat.
10    "Camouflage uniform" does not include a woodland or desert
11pattern or solid color uniform.
12    "Grenade launcher" means a firearm or firearm accessory
13designed to launch small explosive projectiles.
14    "Military equipment surplus program" means any federal or
15State program allowing a law enforcement agency to obtain
16surplus military equipment including, but not limited to, any
17program organized under Section 1122 of the National Defense
18Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
19Section 1033 of the National Defense Authorization Act for
20Fiscal Year 1997 (Pub. L. 104-201) or any program established
21under 10 U.S.C. 2576a.
22    "Tracked armored vehicle" means a vehicle that provides
23ballistic protection to its occupants and utilizes a tracked
24system installed of wheels for forward motion.
25    "Weaponized aircraft, vessel, or vehicle" means any

 

 

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1aircraft, vessel, or vehicle with weapons installed.
2    (b) A sheriff's department shall not request or receive
3from any military equipment surplus program nor purchase or
4otherwise utilize the following equipment:
5        (1) tracked armored vehicles;
6        (2) weaponized aircraft, vessels, or vehicles;
7        (3) firearms of .50-caliber or higher;
8        (4) ammunition of .50-caliber or higher;
9        (5) grenade launchers;
10        (6) bayonets; or
11        (7) camouflage uniforms.
12    (c) A home rule county may not regulate the acquisition of
13equipment in a manner inconsistent with this Section. This
14Section is a limitation under subsection (i) of Section 6 of
15Article VII of the Illinois Constitution on the concurrent
16exercise by home rule counties of powers and functions
17exercised by the State.
18    (d) If the sheriff requests property from a military
19equipment surplus program, the sheriff shall publish notice of
20the request on a publicly accessible website maintained by the
21sheriff or the county within 14 days after the request.
 
22    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)
23    Sec. 3-9008. Appointment of attorney to perform duties.
24    (a) (Blank).
25    (a-5) The court on its own motion, or an interested person

 

 

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1in a cause or proceeding, civil or criminal, may file a
2petition alleging that the State's Attorney is sick, absent, or
3unable to fulfill his or her duties. The court shall consider
4the petition, any documents filed in response, and if
5necessary, grant a hearing to determine whether the State's
6Attorney is sick, absent, or otherwise unable to fulfill his or
7her duties. If the court finds that the State's Attorney is
8sick, absent, or otherwise unable to fulfill his or her duties,
9the court may appoint some competent attorney to prosecute or
10defend the cause or proceeding.
11    (a-10) The court on its own motion, or an interested person
12in a cause or proceeding, civil or criminal, may file a
13petition alleging that the State's Attorney has an actual
14conflict of interest in the cause or proceeding. The court
15shall consider the petition, any documents filed in response,
16and if necessary, grant a hearing to determine whether the
17State's Attorney has an actual conflict of interest in the
18cause or proceeding. If the court finds that the petitioner has
19proven by sufficient facts and evidence that the State's
20Attorney has an actual conflict of interest in a specific case,
21the court may appoint some competent attorney to prosecute or
22defend the cause or proceeding.
23    (a-15) Notwithstanding subsections (a-5) and (a-10) of
24this Section, the State's Attorney may file a petition to
25recuse himself or herself from a cause or proceeding for any
26other reason he or she deems appropriate and the court shall

 

 

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1appoint a special prosecutor as provided in this Section.
2    (a-17) In a county exceeding a population of 3,000,000, if
3the court determines that the appointment of a special
4prosecutor is required under subsection (a-10) or (a-15), the
5court shall request the Office of the State's Attorneys
6Appellate Prosecutor to serve as the special prosecutor if the
7cause or proceeding is an officer-involved death, as that term
8is defined in Section 1-5 of the Police and Community Relations
9Improvement Act. If the Office of the State's Attorneys
10Appellate Prosecutor accepts the request, the Office of the
11State's Attorneys Appellate Prosecutor shall be appointed by
12the court and shall have the same power and authority in
13relation to the cause or proceeding as the State's Attorney
14would have had if present and attending to the cause or
15proceedings.
16    (a-20) Except as provided in subsection (a-17), prior Prior
17to appointing a private attorney under this Section, the court
18shall contact public agencies, including, but not limited to,
19the Office of Attorney General, Office of the State's Attorneys
20Appellate Prosecutor, or local State's Attorney's Offices
21throughout the State, to determine a public prosecutor's
22availability to serve as a special prosecutor at no cost to the
23county and shall appoint a public agency if they are able and
24willing to accept the appointment. An attorney so appointed
25shall have the same power and authority in relation to the
26cause or proceeding as the State's Attorney would have if

 

 

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1present and attending to the cause or proceedings.
2    (b) In case of a vacancy of more than one year occurring in
3any county in the office of State's attorney, by death,
4resignation or otherwise, and it becomes necessary for the
5transaction of the public business, that some competent
6attorney act as State's attorney in and for such county during
7the period between the time of the occurrence of such vacancy
8and the election and qualification of a State's attorney, as
9provided by law, the vacancy shall be filled upon the written
10request of a majority of the circuit judges of the circuit in
11which is located the county where such vacancy exists, by
12appointment as provided in The Election Code of some competent
13attorney to perform and discharge all the duties of a State's
14attorney in the said county, such appointment and all authority
15thereunder to cease upon the election and qualification of a
16State's attorney, as provided by law. Any attorney appointed
17for any reason under this Section shall possess all the powers
18and discharge all the duties of a regularly elected State's
19attorney under the laws of the State to the extent necessary to
20fulfill the purpose of such appointment, and shall be paid by
21the county he serves not to exceed in any one period of 12
22months, for the reasonable amount of time actually expended in
23carrying out the purpose of such appointment, the same
24compensation as provided by law for the State's attorney of the
25county, apportioned, in the case of lesser amounts of
26compensation, as to the time of service reasonably and actually

 

 

10100HB0163sam002- 112 -LRB101 04752 RLC 74552 a

1expended. The county shall participate in all agreements on the
2rate of compensation of a special prosecutor.
3    (c) An order granting authority to a special prosecutor
4must be construed strictly and narrowly by the court. The power
5and authority of a special prosecutor shall not be expanded
6without prior notice to the county. In the case of the proposed
7expansion of a special prosecutor's power and authority, a
8county may provide the court with information on the financial
9impact of an expansion on the county. Prior to the signing of
10an order requiring a county to pay for attorney's fees or
11litigation expenses, the county shall be provided with a
12detailed copy of the invoice describing the fees, and the
13invoice shall include all activities performed in relation to
14the case and the amount of time spent on each activity.
15(Source: P.A. 99-352, eff. 1-1-16.)
 
16    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
17    Sec. 4-5001. Sheriffs; counties of first and second class.
18The fees of sheriffs in counties of the first and second class,
19except when increased by county ordinance under this Section,
20shall be as follows:
21    For serving or attempting to serve summons on each
22defendant in each county, $10.
23    For serving or attempting to serve an order or judgment
24granting injunctive relief in each county, $10.
25    For serving or attempting to serve each garnishee in each

 

 

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1county, $10.
2    For serving or attempting to serve an order for replevin in
3each county, $10.
4    For serving or attempting to serve an order for attachment
5on each defendant in each county, $10.
6    For serving or attempting to serve a warrant of arrest, $8,
7to be paid upon conviction.
8    For returning a defendant from outside the State of
9Illinois, upon conviction, the court shall assess, as court
10costs, the cost of returning a defendant to the jurisdiction.
11    For taking special bail, $1 in each county.
12    For serving or attempting to serve a subpoena on each
13witness, in each county, $10.
14    For advertising property for sale, $5.
15    For returning each process, in each county, $5.
16    Mileage for each mile of necessary travel to serve any such
17process as Stated above, calculating from the place of holding
18court to the place of residence of the defendant, or witness,
1950 each way.
20    For summoning each juror, $3 with 30 mileage each way in
21all counties.
22    For serving or attempting to serve notice of judgments or
23levying to enforce a judgment, $3 with 50 mileage each way in
24all counties.
25    For taking possession of and removing property levied on,
26the officer shall be allowed to tax the actual cost of such

 

 

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1possession or removal.
2    For feeding each prisoner, such compensation to cover the
3actual cost as may be fixed by the county board, but such
4compensation shall not be considered a part of the fees of the
5office.
6    For attending before a court with prisoner, on an order for
7habeas corpus, in each county, $10 per day.
8    For attending before a court with a prisoner in any
9criminal proceeding, in each county, $10 per day.
10    For each mile of necessary travel in taking such prisoner
11before the court as stated above, 15 a mile each way.
12    For serving or attempting to serve an order or judgment for
13the possession of real estate in an action of ejectment or in
14any other action, or for restitution in an eviction action
15without aid, $10 and when aid is necessary, the sheriff shall
16be allowed to tax in addition the actual costs thereof, and for
17each mile of necessary travel, 50 each way.
18    For executing and acknowledging a deed of sale of real
19estate, in counties of first class, $4; second class, $4.
20    For preparing, executing and acknowledging a deed on
21redemption from a court sale of real estate in counties of
22first class, $5; second class, $5.
23    For making certificates of sale, and making and filing
24duplicate, in counties of first class, $3; in counties of the
25second class, $3.
26    For making certificate of redemption, $3.

 

 

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1    For certificate of levy and filing, $3, and the fee for
2recording shall be advanced by the judgment creditor and
3charged as costs.
4    For taking all civil bonds on legal process, civil and
5criminal, in counties of first class, $1; in second class, $1.
6    For executing copies in criminal cases, $4 and mileage for
7each mile of necessary travel, 20 each way.
8    For executing requisitions from other states, $5.
9    For conveying each prisoner from the prisoner's own county
10to the jail of another county, or from another county to the
11jail of the prisoner's county, per mile, for going, only, 30.
12    For conveying persons to the penitentiary, reformatories,
13Illinois State Training School for Boys, Illinois State
14Training School for Girls and Reception Centers, the following
15fees, payable out of the State treasury. For each person who is
16conveyed, 35 per mile in going only to the penitentiary,
17reformatory, Illinois State Training School for Boys, Illinois
18State Training School for Girls and Reception Centers, from the
19place of conviction.
20    The fees provided for transporting persons to the
21penitentiary, reformatories, Illinois State Training School
22for Boys, Illinois State Training School for Girls and
23Reception Centers shall be paid for each trip so made. Mileage
24as used in this Section means the shortest practical route,
25between the place from which the person is to be transported,
26to the penitentiary, reformatories, Illinois State Training

 

 

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1School for Boys, Illinois State Training School for Girls and
2Reception Centers and all fees per mile shall be computed on
3such basis.
4    For conveying any person to or from any of the charitable
5institutions of the State, when properly committed by competent
6authority, when one person is conveyed, 35 per mile; when two
7persons are conveyed at the same time, 35 per mile for the
8first person and 20 per mile for the second person; and 10
9per mile for each additional person.
10    For conveying a person from the penitentiary to the county
11jail when required by law, 35 per mile.
12    For attending Supreme Court, $10 per day.
13    In addition to the above fees there shall be allowed to the
14sheriff a fee of $600 for the sale of real estate which is made
15by virtue of any judgment of a court, except that in the case
16of a sale of unimproved real estate which sells for $10,000 or
17less, the fee shall be $150. In addition to this fee and all
18other fees provided by this Section, there shall be allowed to
19the sheriff a fee in accordance with the following schedule for
20the sale of personal estate which is made by virtue of any
21judgment of a court:
22    For judgments up to $1,000, $75;
23    For judgments from $1,001 to $15,000, $150;
24    For judgments over $15,000, $300.
25    The foregoing fees allowed by this Section are the maximum
26fees that may be collected from any officer, agency, department

 

 

10100HB0163sam002- 117 -LRB101 04752 RLC 74552 a

1or other instrumentality of the State. The county board may,
2however, by ordinance, increase the fees allowed by this
3Section and collect those increased fees from all persons and
4entities other than officers, agencies, departments and other
5instrumentalities of the State if the increase is justified by
6an acceptable cost study showing that the fees allowed by this
7Section are not sufficient to cover the costs of providing the
8service. A statement of the costs of providing each service,
9program and activity shall be prepared by the county board. All
10supporting documents shall be public records and subject to
11public examination and audit. All direct and indirect costs, as
12defined in the United States Office of Management and Budget
13Circular A-87, may be included in the determination of the
14costs of each service, program and activity.
15    In all cases where the judgment is settled by the parties,
16replevied, stopped by injunction or paid, or where the property
17levied upon is not actually sold, the sheriff shall be allowed
18his fee for levying and mileage, together with half the fee for
19all money collected by him which he would be entitled to if the
20same was made by sale to enforce the judgment. In no case shall
21the fee exceed the amount of money arising from the sale.
22    The fee requirements of this Section do not apply to police
23departments or other law enforcement agencies. For the purposes
24of this Section, "law enforcement agency" means an agency of
25the State or unit of local government which is vested by law or
26ordinance with the duty to maintain public order and to enforce

 

 

10100HB0163sam002- 118 -LRB101 04752 RLC 74552 a

1criminal laws.
2(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
3    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
4    Sec. 4-12001. Fees of sheriff in third class counties. The
5officers herein named, in counties of the third class, shall be
6entitled to receive the fees herein specified, for the services
7mentioned and such other fees as may be provided by law for
8such other services not herein designated.
9Fees for Sheriff
10    For serving or attempting to serve any summons on each
11defendant, $35.
12    For serving or attempting to serve each alias summons or
13other process mileage will be charged as hereinafter provided
14when the address for service differs from the address for
15service on the original summons or other process.
16    For serving or attempting to serve all other process, on
17each defendant, $35.
18    For serving or attempting to serve a subpoena on each
19witness, $35.
20    For serving or attempting to serve each warrant, $35.
21    For serving or attempting to serve each garnishee, $35.
22    For summoning each juror, $10.
23    For serving or attempting to serve each order or judgment
24for replevin, $35.
25    For serving or attempting to serve an order for attachment,

 

 

10100HB0163sam002- 119 -LRB101 04752 RLC 74552 a

1on each defendant, $35.
2    For serving or attempting to serve an order or judgment for
3the possession of real estate in an action of ejectment or in
4any other action, or for restitution in an eviction action,
5without aid, $35, and when aid is necessary, the sheriff shall
6be allowed to tax in addition the actual costs thereof.
7    For serving or attempting to serve notice of judgment, $35.
8    For levying to satisfy an order in an action for
9attachment, $25.
10    For executing order of court to seize personal property,
11$25.
12    For making certificate of levy on real estate and filing or
13recording same, $8, and the fee for filing or recording shall
14be advanced by the plaintiff in attachment or by the judgment
15creditor and taxed as costs. For taking possession of or
16removing property levied on, the sheriff shall be allowed to
17tax the necessary actual costs of such possession or removal.
18    For advertising property for sale, $20.
19    For making certificate of sale and making and filing
20duplicate for record, $15, and the fee for recording same shall
21be advanced by the judgment creditor and taxed as costs.
22    For preparing, executing and acknowledging deed on
23redemption from a court sale of real estate, $15; for
24preparing, executing and acknowledging all other deeds on sale
25of real estate, $10.
26    For making and filing certificate of redemption, $15, and

 

 

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1the fee for recording same shall be advanced by party making
2the redemption and taxed as costs.
3    For making and filing certificate of redemption from a
4court sale, $11, and the fee for recording same shall be
5advanced by the party making the redemption and taxed as costs.
6    For taking all bonds on legal process, $10.
7    For taking special bail, $5.
8    For returning each process, $15.
9    Mileage for service or attempted service of all process is
10a $10 flat fee.
11    For attending before a court with a prisoner on an order
12for habeas corpus, $9 per day.
13    For executing requisitions from other States, $13.
14    For conveying each prisoner from the prisoner's county to
15the jail of another county, per mile for going only, 25.
16    For committing to or discharging each prisoner from jail,
17$3.
18    For feeding each prisoner, such compensation to cover
19actual costs as may be fixed by the county board, but such
20compensation shall not be considered a part of the fees of the
21office.
22    For committing each prisoner to jail under the laws of the
23United States, to be paid by the marshal or other person
24requiring his confinement, $3.
25    For feeding such prisoners per day, $3, to be paid by the
26marshal or other person requiring the prisoner's confinement.

 

 

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1    For discharging such prisoners, $3.
2    For conveying persons to the penitentiary, reformatories,
3Illinois State Training School for Boys, Illinois State
4Training School for Girls, Reception Centers and Illinois
5Security Hospital, the following fees, payable out of the State
6Treasury. When one person is conveyed, 20 per mile in going to
7the penitentiary, reformatories, Illinois State Training
8School for Boys, Illinois State Training School for Girls,
9Reception Centers and Illinois Security Hospital from the place
10of conviction; when 2 persons are conveyed at the same time,
1120 per mile for the first and 15 per mile for the second
12person; when more than 2 persons are conveyed at the same time
13as Stated above, the sheriff shall be allowed 20 per mile for
14the first, 15 per mile for the second and 10 per mile for
15each additional person.
16    The fees provided for herein for transporting persons to
17the penitentiary, reformatories, Illinois State Training
18School for Boys, Illinois State Training School for Girls,
19Reception Centers and Illinois Security Hospital, shall be paid
20for each trip so made. Mileage as used in this Section means
21the shortest route on a hard surfaced road, (either State Bond
22Issue Route or Federal highways) or railroad, whichever is
23shorter, between the place from which the person is to be
24transported, to the penitentiary, reformatories, Illinois
25State Training School for Boys, Illinois State Training School
26for Girls, Reception Centers and Illinois Security Hospital,

 

 

10100HB0163sam002- 122 -LRB101 04752 RLC 74552 a

1and all fees per mile shall be computed on such basis.
2    In addition to the above fees, there shall be allowed to
3the sheriff a fee of $900 for the sale of real estate which
4shall be made by virtue of any judgment of a court. In addition
5to this fee and all other fees provided by this Section, there
6shall be allowed to the sheriff a fee in accordance with the
7following schedule for the sale of personal estate which is
8made by virtue of any judgment of a court:
9    For judgments up to $1,000, $100;
10    For judgments over $1,000 to $15,000, $300;
11    For judgments over $15,000, $500.
12    In all cases where the judgment is settled by the parties,
13replevied, stopped by injunction or paid, or where the property
14levied upon is not actually sold, the sheriff shall be allowed
15the fee for levying and mileage, together with half the fee for
16all money collected by him or her which he or she would be
17entitled to if the same were made by sale in the enforcement of
18a judgment. In no case shall the fee exceed the amount of money
19arising from the sale.
20    The fee requirements of this Section do not apply to police
21departments or other law enforcement agencies. For the purposes
22of this Section, "law enforcement agency" means an agency of
23the State or unit of local government which is vested by law or
24ordinance with the duty to maintain public order and to enforce
25criminal laws or ordinances.
26    The fee requirements of this Section do not apply to units

 

 

10100HB0163sam002- 123 -LRB101 04752 RLC 74552 a

1of local government or school districts.
2(Source: P.A. 100-173, eff. 1-1-18.)
 
3    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
4    Sec. 4-12001.1. Fees of sheriff in third class counties;
5local governments and school districts. The officers herein
6named, in counties of the third class, shall be entitled to
7receive the fees herein specified from all units of local
8government and school districts, for the services mentioned and
9such other fees as may be provided by law for such other
10services not herein designated.
11Fees for Sheriff
12    For serving or attempting to serve any summons on each
13defendant, $25.
14    For serving or attempting to serve each alias summons or
15other process mileage will be charged as hereinafter provided
16when the address for service differs from the address for
17service on the original summons or other process.
18    For serving or attempting to serve all other process, on
19each defendant, $25.
20    For serving or attempting to serve a subpoena on each
21witness, $25.
22    For serving or attempting to serve each warrant, $25.
23    For serving or attempting to serve each garnishee, $25.
24    For summoning each juror, $4.
25    For serving or attempting to serve each order or judgment

 

 

10100HB0163sam002- 124 -LRB101 04752 RLC 74552 a

1for replevin, $25.
2    For serving or attempting to serve an order for attachment,
3on each defendant, $25.
4    For serving or attempting to serve an order or judgment for
5the possession of real estate in an action of ejectment or in
6any other action, or for restitution in an eviction action,
7without aid, $9, and when aid is necessary, the sheriff shall
8be allowed to tax in addition the actual costs thereof.
9    For serving or attempting to serve notice of judgment, $25.
10    For levying to satisfy an order in an action for
11attachment, $25.
12    For executing order of court to seize personal property,
13$25.
14    For making certificate of levy on real estate and filing or
15recording same, $3, and the fee for filing or recording shall
16be advanced by the plaintiff in attachment or by the judgment
17creditor and taxed as costs. For taking possession of or
18removing property levied on, the sheriff shall be allowed to
19tax the necessary actual costs of such possession or removal.
20    For advertising property for sale, $3.
21    For making certificate of sale and making and filing
22duplicate for record, $3, and the fee for recording same shall
23be advanced by the judgment creditor and taxed as costs.
24    For preparing, executing and acknowledging deed on
25redemption from a court sale of real estate, $6; for preparing,
26executing and acknowledging all other deeds on sale of real

 

 

10100HB0163sam002- 125 -LRB101 04752 RLC 74552 a

1estate, $4.
2    For making and filing certificate of redemption, $3.50, and
3the fee for recording same shall be advanced by party making
4the redemption and taxed as costs.
5    For making and filing certificate of redemption from a
6court sale, $4.50, and the fee for recording same shall be
7advanced by the party making the redemption and taxed as costs.
8    For taking all bonds on legal process, $2.
9    For taking special bail, $2.
10    For returning each process, $5.
11    Mileage for service or attempted service of all process is
12a $10 flat fee.
13    For attending before a court with a prisoner on an order
14for habeas corpus, $3.50 per day.
15    For executing requisitions from other States, $5.
16    For conveying each prisoner from the prisoner's county to
17the jail of another county, per mile for going only, 25.
18    For committing to or discharging each prisoner from jail,
19$1.
20    For feeding each prisoner, such compensation to cover
21actual costs as may be fixed by the county board, but such
22compensation shall not be considered a part of the fees of the
23office.
24    For committing each prisoner to jail under the laws of the
25United States, to be paid by the marshal or other person
26requiring his confinement, $1.

 

 

10100HB0163sam002- 126 -LRB101 04752 RLC 74552 a

1    For feeding such prisoners per day, $1, to be paid by the
2marshal or other person requiring the prisoner's confinement.
3    For discharging such prisoners, $1.
4    For conveying persons to the penitentiary, reformatories,
5Illinois State Training School for Boys, Illinois State
6Training School for Girls, Reception Centers and Illinois
7Security Hospital, the following fees, payable out of the State
8Treasury. When one person is conveyed, 15 per mile in going to
9the penitentiary, reformatories, Illinois State Training
10School for Boys, Illinois State Training School for Girls,
11Reception Centers and Illinois Security Hospital from the place
12of conviction; when 2 persons are conveyed at the same time,
1315 per mile for the first and 10 per mile for the second
14person; when more than 2 persons are conveyed at the same time
15as stated above, the sheriff shall be allowed 15 per mile for
16the first, 10 per mile for the second and 5 per mile for each
17additional person.
18    The fees provided for herein for transporting persons to
19the penitentiary, reformatories, Illinois State Training
20School for Boys, Illinois State Training School for Girls,
21Reception Centers and Illinois Security Hospital, shall be paid
22for each trip so made. Mileage as used in this Section means
23the shortest route on a hard surfaced road, (either State Bond
24Issue Route or Federal highways) or railroad, whichever is
25shorter, between the place from which the person is to be
26transported, to the penitentiary, reformatories, Illinois

 

 

10100HB0163sam002- 127 -LRB101 04752 RLC 74552 a

1State Training School for Boys, Illinois State Training School
2for Girls, Reception Centers and Illinois Security Hospital,
3and all fees per mile shall be computed on such basis.
4    In addition to the above fees, there shall be allowed to
5the sheriff a fee of $600 for the sale of real estate which
6shall be made by virtue of any judgment of a court. In addition
7to this fee and all other fees provided by this Section, there
8shall be allowed to the sheriff a fee in accordance with the
9following schedule for the sale of personal estate which is
10made by virtue of any judgment of a court:
11    For judgments up to $1,000, $90;
12    For judgments over $1,000 to $15,000, $275;
13    For judgments over $15,000, $400.
14    In all cases where the judgment is settled by the parties,
15replevied, stopped by injunction or paid, or where the property
16levied upon is not actually sold, the sheriff shall be allowed
17the fee for levying and mileage, together with half the fee for
18all money collected by him or her which he or she would be
19entitled to if the same were made by sale in the enforcement of
20a judgment. In no case shall the fee exceed the amount of money
21arising from the sale.
22     All fees collected under Sections 4-12001 and 4-12001.1
23must be used for public safety purposes only.
24(Source: P.A. 100-173, eff. 1-1-18.)
 
25    Section 10-165. The Illinois Municipal Code is amended by

 

 

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1adding Section 11-5.1-2 as follows:
 
2    (65 ILCS 5/11-5.1-2 new)
3    Sec. 11-5.1-2. Military equipment surplus program.
4    (a) For purposes of this Section:
5    "Bayonet" means large knives designed to be attached to the
6muzzle of a rifle, shotgun, or long gun for the purposes of
7hand-to-hand combat.
8    "Camouflage uniform" does not include woodland or desert
9patterns or solid color uniforms.
10    "Grenade launcher" means a firearm or firearm accessory
11designed to launch small explosive projectiles.
12    "Military equipment surplus program" means any federal or
13state program allowing a law enforcement agency to obtain
14surplus military equipment including, but not limit to, any
15program organized under Section 1122 of the National Defense
16Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
17Section 1033 of the National Defense Authorization Act for
18Fiscal Year 1997 (Pub. L. 104-201) or any program established
19by the United States Department of Defense under 10 U.S.C.
202576a.
21    "Tracked armored vehicle" means a vehicle that provides
22ballistic protection to its occupants and utilizes a tracked
23system installed of wheels for forward motion.
24    "Weaponized aircraft, vessels, or vehicles" means any
25aircraft, vessel, or vehicle with weapons installed.

 

 

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1    (b) A police department shall not request or receive from
2any military equipment surplus program nor purchase or
3otherwise utilize the following equipment:
4        (1) tracked armored vehicles;
5        (2) weaponized aircraft, vessels, or vehicles;
6        (3) firearms of .50-caliber or higher;
7        (4) ammunition of .50-caliber or higher;
8        (5) grenade launchers, grenades, or similar
9    explosives;
10        (6) bayonets; or
11        (7) camouflage uniforms.
12    (c) A home rule municipality may not regulate the
13acquisition of equipment in a manner inconsistent with this
14Section. This Section is a limitation under subsection (i) of
15Section 6 of Article VII of the Illinois Constitution on the
16concurrent exercise by home rule municipalities of powers and
17functions exercised by the State.
18    (d) If a police department requests property from a
19military equipment surplus program, the police department
20shall publish notice of the request on a publicly accessible
21website maintained by the police department or the municipality
22within 14 days after the request.
 
23    (65 ILCS 5/1-2-12.1 rep.)
24    Section 10-170. The Illinois Municipal Code is amended by
25repealing Section 1-2-12.1.
 

 

 

10100HB0163sam002- 130 -LRB101 04752 RLC 74552 a

1    Section 10-175. The Campus Security Enhancement Act of 2008
2is amended by changing Section 15 as follows:
 
3    (110 ILCS 12/15)
4    Sec. 15. Arrest reports.
5    (a) When an individual is arrested, the following
6information must be made available to the news media for
7inspection and copying:
8        (1) Information that identifies the individual,
9    including the name, age, address, and photograph, when and
10    if available.
11        (2) Information detailing any charges relating to the
12    arrest.
13        (3) The time and location of the arrest.
14        (4) The name of the investigating or arresting law
15    enforcement agency.
16        (5) If the individual is incarcerated, the conditions
17    of pretrial release amount of any bail or bond.
18        (6) If the individual is incarcerated, the time and
19    date that the individual was received, discharged, or
20    transferred from the arresting agency's custody.
21    (b) The information required by this Section must be made
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs

 

 

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1(3), (4), (5), and (6) of subsection (a), however, may be
2withheld if it is determined that disclosure would:
3        (1) interfere with pending or actually and reasonably
4    contemplated law enforcement proceedings conducted by any
5    law enforcement or correctional agency;
6        (2) endanger the life or physical safety of law
7    enforcement or correctional personnel or any other person;
8    or
9        (3) compromise the security of any correctional
10    facility.
11    (c) For the purposes of this Section the term "news media"
12means personnel of a newspaper or other periodical issued at
13regular intervals whether in print or electronic format, a news
14service whether in print or electronic format, a radio station,
15a television station, a television network, a community antenna
16television service, or a person or corporation engaged in
17making news reels or other motion picture news for public
18showing.
19    (d) Each law enforcement or correctional agency may charge
20fees for arrest records, but in no instance may the fee exceed
21the actual cost of copying and reproduction. The fees may not
22include the cost of the labor used to reproduce the arrest
23record.
24    (e) The provisions of this Section do not supersede the
25confidentiality provisions for arrest records of the Juvenile
26Court Act of 1987.

 

 

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1(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
292-335, eff. 8-10-01.)
 
3    Section 10-180. The Illinois Insurance Code is amended by
4changing Sections 143.19, 143.19.1, and 205 as follows:
 
5    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
6    Sec. 143.19. Cancellation of automobile insurance policy;
7grounds. After a policy of automobile insurance as defined in
8Section 143.13(a) has been effective for 60 days, or if such
9policy is a renewal policy, the insurer shall not exercise its
10option to cancel such policy except for one or more of the
11following reasons:
12        a. Nonpayment of premium;
13        b. The policy was obtained through a material
14    misrepresentation;
15        c. Any insured violated any of the terms and conditions
16    of the policy;
17        d. The named insured failed to disclose fully his motor
18    vehicle accidents and moving traffic violations for the
19    preceding 36 months if called for in the application;
20        e. Any insured made a false or fraudulent claim or
21    knowingly aided or abetted another in the presentation of
22    such a claim;
23        f. The named insured or any other operator who either
24    resides in the same household or customarily operates an

 

 

10100HB0163sam002- 133 -LRB101 04752 RLC 74552 a

1    automobile insured under such policy:
2            1. has, within the 12 months prior to the notice of
3        cancellation, had his driver's license under
4        suspension or revocation;
5            2. is or becomes subject to epilepsy or heart
6        attacks, and such individual does not produce a
7        certificate from a physician testifying to his
8        unqualified ability to operate a motor vehicle safely;
9            3. has an accident record, conviction record
10        (criminal or traffic), physical, or mental condition
11        which is such that his operation of an automobile might
12        endanger the public safety;
13            4. has, within the 36 months prior to the notice of
14        cancellation, been addicted to the use of narcotics or
15        other drugs; or
16            5. has been convicted, or violated conditions of
17        pretrial release forfeited bail, during the 36 months
18        immediately preceding the notice of cancellation, for
19        any felony, criminal negligence resulting in death,
20        homicide or assault arising out of the operation of a
21        motor vehicle, operating a motor vehicle while in an
22        intoxicated condition or while under the influence of
23        drugs, being intoxicated while in, or about, an
24        automobile or while having custody of an automobile,
25        leaving the scene of an accident without stopping to
26        report, theft or unlawful taking of a motor vehicle,

 

 

10100HB0163sam002- 134 -LRB101 04752 RLC 74552 a

1        making false statements in an application for an
2        operator's or chauffeur's license or has been
3        convicted or pretrial release has been revoked
4        forfeited bail for 3 or more violations within the 12
5        months immediately preceding the notice of
6        cancellation, of any law, ordinance, or regulation
7        limiting the speed of motor vehicles or any of the
8        provisions of the motor vehicle laws of any state,
9        violation of which constitutes a misdemeanor, whether
10        or not the violations were repetitions of the same
11        offense or different offenses;
12        g. The insured automobile is:
13            1. so mechanically defective that its operation
14        might endanger public safety;
15            2. used in carrying passengers for hire or
16        compensation (the use of an automobile for a car pool
17        shall not be considered use of an automobile for hire
18        or compensation);
19            3. used in the business of transportation of
20        flammables or explosives;
21            4. an authorized emergency vehicle;
22            5. changed in shape or condition during the policy
23        period so as to increase the risk substantially; or
24            6. subject to an inspection law and has not been
25        inspected or, if inspected, has failed to qualify.
26    Nothing in this Section shall apply to nonrenewal.

 

 

10100HB0163sam002- 135 -LRB101 04752 RLC 74552 a

1(Source: P.A. 100-201, eff. 8-18-17.)
 
2    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
3    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
4After a policy of automobile insurance, as defined in Section
5143.13, has been effective or renewed for 5 or more years, the
6company shall not exercise its right of non-renewal unless:
7    a. The policy was obtained through a material
8misrepresentation; or
9    b. Any insured violated any of the terms and conditions of
10the policy; or
11    c. The named insured failed to disclose fully his motor
12vehicle accidents and moving traffic violations for the
13preceding 36 months, if such information is called for in the
14application; or
15    d. Any insured made a false or fraudulent claim or
16knowingly aided or abetted another in the presentation of such
17a claim; or
18    e. The named insured or any other operator who either
19resides in the same household or customarily operates an
20automobile insured under such a policy:
21        1. Has, within the 12 months prior to the notice of
22    non-renewal had his drivers license under suspension or
23    revocation; or
24        2. Is or becomes subject to epilepsy or heart attacks,
25    and such individual does not produce a certificate from a

 

 

10100HB0163sam002- 136 -LRB101 04752 RLC 74552 a

1    physician testifying to his unqualified ability to operate
2    a motor vehicle safely; or
3        3. Has an accident record, conviction record (criminal
4    or traffic), or a physical or mental condition which is
5    such that his operation of an automobile might endanger the
6    public safety; or
7        4. Has, within the 36 months prior to the notice of
8    non-renewal, been addicted to the use of narcotics or other
9    drugs; or
10        5. Has been convicted or pretrial release has been
11    revoked forfeited bail, during the 36 months immediately
12    preceding the notice of non-renewal, for any felony,
13    criminal negligence resulting in death, homicide or
14    assault arising out of the operation of a motor vehicle,
15    operating a motor vehicle while in an intoxicated condition
16    or while under the influence of drugs, being intoxicated
17    while in or about an automobile or while having custody of
18    an automobile, leaving the scene of an accident without
19    stopping to report, theft or unlawful taking of a motor
20    vehicle, making false statements in an application for an
21    operators or chauffeurs license, or has been convicted or
22    pretrial release has been revoked forfeited bail for 3 or
23    more violations within the 12 months immediately preceding
24    the notice of non-renewal, of any law, ordinance or
25    regulation limiting the speed of motor vehicles or any of
26    the provisions of the motor vehicle laws of any state,

 

 

10100HB0163sam002- 137 -LRB101 04752 RLC 74552 a

1    violation of which constitutes a misdemeanor, whether or
2    not the violations were repetitions of the same offense or
3    different offenses; or
4    f. The insured automobile is:
5        1. So mechanically defective that its operation might
6    endanger public safety; or
7        2. Used in carrying passengers for hire or compensation
8    (the use of an automobile for a car pool shall not be
9    considered use of an automobile for hire or compensation);
10    or
11        3. Used in the business of transportation of flammables
12    or explosives; or
13        4. An authorized emergency vehicle; or
14        5. Changed in shape or condition during the policy
15    period so as to increase the risk substantially; or
16        6. Subject to an inspection law and it has not been
17    inspected or, if inspected, has failed to qualify; or
18    g. The notice of the intention not to renew is mailed to
19the insured at least 60 days before the date of nonrenewal as
20provided in Section 143.17.
21(Source: P.A. 89-669, eff. 1-1-97.)
 
22    (215 ILCS 5/205)  (from Ch. 73, par. 817)
23    Sec. 205. Priority of distribution of general assets.
24    (1) The priorities of distribution of general assets from
25the company's estate is to be as follows:

 

 

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1        (a) The costs and expenses of administration,
2    including, but not limited to, the following:
3            (i) The reasonable expenses of the Illinois
4        Insurance Guaranty Fund, the Illinois Life and Health
5        Insurance Guaranty Association, and the Illinois
6        Health Maintenance Organization Guaranty Association
7        and of any similar organization in any other state,
8        including overhead, salaries, and other general
9        administrative expenses allocable to the receivership
10        (administrative and claims handling expenses and
11        expenses in connection with arrangements for ongoing
12        coverage), but excluding expenses incurred in the
13        performance of duties under Section 547 or similar
14        duties under the statute governing a similar
15        organization in another state. For property and
16        casualty insurance guaranty associations that guaranty
17        certain obligations of any member company as defined by
18        Section 534.5, expenses shall include, but not be
19        limited to, loss adjustment expenses, which shall
20        include adjusting and other expenses and defense and
21        cost containment expenses. The expenses of such
22        property and casualty guaranty associations, including
23        the Illinois Insurance Guaranty Fund, shall be
24        reimbursed as prescribed by Section 545, but shall be
25        subordinate to all other costs and expenses of
26        administration, including the expenses reimbursed

 

 

10100HB0163sam002- 139 -LRB101 04752 RLC 74552 a

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

 

 

10100HB0163sam002- 140 -LRB101 04752 RLC 74552 a

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

 

 

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1    extension of coverage provided under subsection (5) of
2    Section 193, and claims of the Illinois Insurance Guaranty
3    Fund, the Illinois Life and Health Insurance Guaranty
4    Association, the Illinois Health Maintenance Organization
5    Guaranty Association, and any similar organization in
6    another state as prescribed in Section 545. For purposes of
7    this Section, "funding agreement" means an agreement
8    whereby an insurer authorized to write business under Class
9    1 of Section 4 of this Code may accept and accumulate funds
10    and make one or more payments at future dates in amounts
11    that are not based upon mortality or morbidity
12    contingencies.
13        (e) Claims by policyholders, beneficiaries, and
14    insureds, the allowed values of which were determined by
15    estimation under paragraph (b) of subsection (4) of Section
16    209.
17        (f) Any other claims due the federal government.
18        (g) All other claims of general creditors not falling
19    within any other priority under this Section including
20    claims for taxes and debts due any state or local
21    government which are not secured claims and claims for
22    attorneys' fees incurred by the company in contesting its
23    conservation, rehabilitation, or liquidation.
24        (h) Claims of guaranty fund certificate holders,
25    guaranty capital shareholders, capital note holders, and
26    surplus note holders.

 

 

10100HB0163sam002- 142 -LRB101 04752 RLC 74552 a

1        (i) Proprietary claims of shareholders, members, or
2    other owners.
3    Every claim under a written agreement, statute, or rule
4providing that the assets in a separate account are not
5chargeable with the liabilities arising out of any other
6business of the insurer shall be satisfied out of the funded
7assets in the separate account equal to, but not to exceed, the
8reserves maintained in the separate account under the separate
9account agreement, and to the extent, if any, the claim is not
10fully discharged thereby, the remainder of the claim shall be
11treated as a priority level (d) claim under paragraph (d) of
12this subsection to the extent that reserves have been
13established in the insurer's general account pursuant to
14statute, rule, or the separate account agreement.
15    For purposes of this provision, "separate account
16policies, contracts, or agreements" means any policies,
17contracts, or agreements that provide for separate accounts as
18contemplated by Section 245.21.
19    To the extent that any assets of an insurer, other than
20those assets properly allocated to and maintained in a separate
21account, have been used to fund or pay any expenses, taxes, or
22policyholder benefits that are attributable to a separate
23account policy, contract, or agreement that should have been
24paid by a separate account prior to the commencement of
25receivership proceedings, then upon the commencement of
26receivership proceedings, the separate accounts that benefited

 

 

10100HB0163sam002- 143 -LRB101 04752 RLC 74552 a

1from this payment or funding shall first be used to repay or
2reimburse the company's general assets or account for any
3unreimbursed net sums due at the commencement of receivership
4proceedings prior to the application of the separate account
5assets to the satisfaction of liabilities or the corresponding
6separate account policies, contracts, and agreements.
7    To the extent, if any, reserves or assets maintained in the
8separate account are in excess of the amounts needed to satisfy
9claims under the separate account contracts, the excess shall
10be treated as part of the general assets of the insurer's
11estate.
12    (2) Within 120 days after the issuance of an Order of
13Liquidation with a finding of insolvency against a domestic
14company, the Director shall make application to the court
15requesting authority to disburse funds to the Illinois
16Insurance Guaranty Fund, the Illinois Life and Health Insurance
17Guaranty Association, the Illinois Health Maintenance
18Organization Guaranty Association, and similar organizations
19in other states from time to time out of the company's
20marshaled assets as funds become available in amounts equal to
21disbursements made by the Illinois Insurance Guaranty Fund, the
22Illinois Life and Health Insurance Guaranty Association, the
23Illinois Health Maintenance Organization Guaranty Association,
24and similar organizations in other states for covered claims
25obligations on the presentation of evidence that such
26disbursements have been made by the Illinois Insurance Guaranty

 

 

10100HB0163sam002- 144 -LRB101 04752 RLC 74552 a

1Fund, the Illinois Life and Health Insurance Guaranty
2Association, the Illinois Health Maintenance Organization
3Guaranty Association, and similar organizations in other
4states.
5    The Director shall establish procedures for the ratable
6allocation and distribution of disbursements to the Illinois
7Insurance Guaranty Fund, the Illinois Life and Health Insurance
8Guaranty Association, the Illinois Health Maintenance
9Organization Guaranty Association, and similar organizations
10in other states. In determining the amounts available for
11disbursement, the Director shall reserve sufficient assets for
12the payment of the expenses of administration described in
13paragraph (1)(a) of this Section. All funds available for
14disbursement after the establishment of the prescribed reserve
15shall be promptly distributed. As a condition to receipt of
16funds in reimbursement of covered claims obligations, the
17Director shall secure from the Illinois Insurance Guaranty
18Fund, the Illinois Life and Health Insurance Guaranty
19Association, the Illinois Health Maintenance Organization
20Guaranty Association, and each similar organization in other
21states, an agreement to return to the Director on demand funds
22previously received as may be required to pay claims of secured
23creditors and claims falling within the priorities established
24in paragraphs (a), (b), (c), and (d) of subsection (1) of this
25Section in accordance with such priorities.
26    (3) The changes made in this Section by this amendatory Act

 

 

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1of the 100th General Assembly apply to all liquidation,
2rehabilitation, or conservation proceedings that are pending
3on the effective date of this amendatory Act of the 100th
4General Assembly and to all future liquidation,
5rehabilitation, or conservation proceedings.
6    (4) The provisions of this Section are severable under
7Section 1.31 of the Statute on Statutes.
8(Source: P.A. 100-410, eff. 8-25-17.)
 
9    Section 10-185. The Illinois Gambling Act is amended by
10changing Section 5.1 as follows:
 
11    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
12    Sec. 5.1. Disclosure of records.
13    (a) Notwithstanding any applicable statutory provision to
14the contrary, the Board shall, on written request from any
15person, provide information furnished by an applicant or
16licensee concerning the applicant or licensee, his products,
17services or gambling enterprises and his business holdings, as
18follows:
19        (1) The name, business address and business telephone
20    number of any applicant or licensee.
21        (2) An identification of any applicant or licensee
22    including, if an applicant or licensee is not an
23    individual, the names and addresses of all stockholders and
24    directors, if the entity is a corporation; the names and

 

 

10100HB0163sam002- 146 -LRB101 04752 RLC 74552 a

1    addresses of all members, if the entity is a limited
2    liability company; the names and addresses of all partners,
3    both general and limited, if the entity is a partnership;
4    and the names and addresses of all beneficiaries, if the
5    entity is a trust. If an applicant or licensee has a
6    pending registration statement filed with the Securities
7    and Exchange Commission, only the names of those persons or
8    entities holding interest of 5% or more must be provided.
9        (3) An identification of any business, including, if
10    applicable, the state of incorporation or registration, in
11    which an applicant or licensee or an applicant's or
12    licensee's spouse or children has an equity interest of
13    more than 1%. If an applicant or licensee is a corporation,
14    partnership or other business entity, the applicant or
15    licensee shall identify any other corporation, partnership
16    or business entity in which it has an equity interest of 1%
17    or more, including, if applicable, the state of
18    incorporation or registration. This information need not
19    be provided by a corporation, partnership or other business
20    entity that has a pending registration statement filed with
21    the Securities and Exchange Commission.
22        (4) Whether an applicant or licensee has been indicted,
23    convicted, pleaded guilty or nolo contendere, or pretrial
24    release has been revoked forfeited bail concerning any
25    criminal offense under the laws of any jurisdiction, either
26    felony or misdemeanor (except for traffic violations),

 

 

10100HB0163sam002- 147 -LRB101 04752 RLC 74552 a

1    including the date, the name and location of the court,
2    arresting agency and prosecuting agency, the case number,
3    the offense, the disposition and the location and length of
4    incarceration.
5        (5) Whether an applicant or licensee has had any
6    license or certificate issued by a licensing authority in
7    Illinois or any other jurisdiction denied, restricted,
8    suspended, revoked or not renewed and a statement
9    describing the facts and circumstances concerning the
10    denial, restriction, suspension, revocation or
11    non-renewal, including the licensing authority, the date
12    each such action was taken, and the reason for each such
13    action.
14        (6) Whether an applicant or licensee has ever filed or
15    had filed against it a proceeding in bankruptcy or has ever
16    been involved in any formal process to adjust, defer,
17    suspend or otherwise work out the payment of any debt
18    including the date of filing, the name and location of the
19    court, the case and number of the disposition.
20        (7) Whether an applicant or licensee has filed, or been
21    served with a complaint or other notice filed with any
22    public body, regarding the delinquency in the payment of,
23    or a dispute over the filings concerning the payment of,
24    any tax required under federal, State or local law,
25    including the amount, type of tax, the taxing agency and
26    time periods involved.

 

 

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1        (8) A statement listing the names and titles of all
2    public officials or officers of any unit of government, and
3    relatives of said public officials or officers who,
4    directly or indirectly, own any financial interest in, have
5    any beneficial interest in, are the creditors of or hold
6    any debt instrument issued by, or hold or have any interest
7    in any contractual or service relationship with, an
8    applicant or licensee.
9        (9) Whether an applicant or licensee has made, directly
10    or indirectly, any political contribution, or any loans,
11    donations or other payments, to any candidate or office
12    holder, within 5 years from the date of filing the
13    application, including the amount and the method of
14    payment.
15        (10) The name and business telephone number of the
16    counsel representing an applicant or licensee in matters
17    before the Board.
18        (11) A description of any proposed or approved gambling
19    operation, including the type of boat, home dock, or casino
20    or gaming location, expected economic benefit to the
21    community, anticipated or actual number of employees, any
22    statement from an applicant or licensee regarding
23    compliance with federal and State affirmative action
24    guidelines, projected or actual admissions and projected
25    or actual adjusted gross gaming receipts.
26        (12) A description of the product or service to be

 

 

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1    supplied by an applicant for a supplier's license.
2    (b) Notwithstanding any applicable statutory provision to
3the contrary, the Board shall, on written request from any
4person, also provide the following information:
5        (1) The amount of the wagering tax and admission tax
6    paid daily to the State of Illinois by the holder of an
7    owner's license.
8        (2) Whenever the Board finds an applicant for an
9    owner's license unsuitable for licensing, a copy of the
10    written letter outlining the reasons for the denial.
11        (3) Whenever the Board has refused to grant leave for
12    an applicant to withdraw his application, a copy of the
13    letter outlining the reasons for the refusal.
14    (c) Subject to the above provisions, the Board shall not
15disclose any information which would be barred by:
16        (1) Section 7 of the Freedom of Information Act; or
17        (2) The statutes, rules, regulations or
18    intergovernmental agreements of any jurisdiction.
19    (d) The Board may assess fees for the copying of
20information in accordance with Section 6 of the Freedom of
21Information Act.
22(Source: P.A. 101-31, eff. 6-28-19.)
 
23    Section 10-187. The Sexual Assault Survivors Emergency
24Treatment Act is amended by changing Section 7.5 as follows:
 

 

 

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1    (410 ILCS 70/7.5)
2    Sec. 7.5. Prohibition on billing sexual assault survivors
3directly for certain services; written notice; billing
4protocols.
5    (a) A hospital, approved pediatric health care facility,
6health care professional, ambulance provider, laboratory, or
7pharmacy furnishing medical forensic services, transportation,
8follow-up healthcare, or medication to a sexual assault
9survivor shall not:
10        (1) charge or submit a bill for any portion of the
11    costs of the services, transportation, or medications to
12    the sexual assault survivor, including any insurance
13    deductible, co-pay, co-insurance, denial of claim by an
14    insurer, spenddown, or any other out-of-pocket expense;
15        (2) communicate with, harass, or intimidate the sexual
16    assault survivor for payment of services, including, but
17    not limited to, repeatedly calling or writing to the sexual
18    assault survivor and threatening to refer the matter to a
19    debt collection agency or to an attorney for collection,
20    enforcement, or filing of other process;
21        (3) refer a bill to a collection agency or attorney for
22    collection action against the sexual assault survivor;
23        (4) contact or distribute information to affect the
24    sexual assault survivor's credit rating; or
25        (5) take any other action adverse to the sexual assault
26    survivor or his or her family on account of providing

 

 

10100HB0163sam002- 151 -LRB101 04752 RLC 74552 a

1    services to the sexual assault survivor.
2    (b) Nothing in this Section precludes a hospital, health
3care provider, ambulance provider, laboratory, or pharmacy
4from billing the sexual assault survivor or any applicable
5health insurance or coverage for inpatient services.
6    (c) Every hospital and approved pediatric health care
7facility providing treatment services to sexual assault
8survivors in accordance with a plan approved under Section 2 of
9this Act shall provide a written notice to a sexual assault
10survivor. The written notice must include, but is not limited
11to, the following:
12        (1) a statement that the sexual assault survivor should
13    not be directly billed by any ambulance provider providing
14    transportation services, or by any hospital, approved
15    pediatric health care facility, health care professional,
16    laboratory, or pharmacy for the services the sexual assault
17    survivor received as an outpatient at the hospital or
18    approved pediatric health care facility;
19        (2) a statement that a sexual assault survivor who is
20    admitted to a hospital may be billed for inpatient services
21    provided by a hospital, health care professional,
22    laboratory, or pharmacy;
23        (3) a statement that prior to leaving the hospital or
24    approved pediatric health care facility, the hospital or
25    approved pediatric health care facility will give the
26    sexual assault survivor a sexual assault services voucher

 

 

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1    for follow-up healthcare if the sexual assault survivor is
2    eligible to receive a sexual assault services voucher;
3        (4) the definition of "follow-up healthcare" as set
4    forth in Section 1a of this Act;
5        (5) a phone number the sexual assault survivor may call
6    should the sexual assault survivor receive a bill from the
7    hospital or approved pediatric health care facility for
8    medical forensic services;
9        (6) the toll-free phone number of the Office of the
10    Illinois Attorney General, Crime Victim Services Division,
11    which the sexual assault survivor may call should the
12    sexual assault survivor receive a bill from an ambulance
13    provider, approved pediatric health care facility, a
14    health care professional, a laboratory, or a pharmacy.
15    This subsection (c) shall not apply to hospitals that
16provide transfer services as defined under Section 1a of this
17Act.
18    (d) Within 60 days after the effective date of this
19amendatory Act of the 99th General Assembly, every health care
20professional, except for those employed by a hospital or
21hospital affiliate, as defined in the Hospital Licensing Act,
22or those employed by a hospital operated under the University
23of Illinois Hospital Act, who bills separately for medical or
24forensic services must develop a billing protocol that ensures
25that no survivor of sexual assault will be sent a bill for any
26medical forensic services and submit the billing protocol to

 

 

10100HB0163sam002- 153 -LRB101 04752 RLC 74552 a

1the Crime Victim Services Division of the Office of the
2Attorney General for approval. Within 60 days after the
3commencement of the provision of medical forensic services,
4every health care professional, except for those employed by a
5hospital or hospital affiliate, as defined in the Hospital
6Licensing Act, or those employed by a hospital operated under
7the University of Illinois Hospital Act, who bills separately
8for medical or forensic services must develop a billing
9protocol that ensures that no survivor of sexual assault is
10sent a bill for any medical forensic services and submit the
11billing protocol to the Crime Victim Services Division of the
12Office of the Attorney General for approval. Health care
13professionals who bill as a legal entity may submit a single
14billing protocol for the billing entity.
15    Within 60 days after the Department's approval of a
16treatment plan, an approved pediatric health care facility and
17any health care professional employed by an approved pediatric
18health care facility must develop a billing protocol that
19ensures that no survivor of sexual assault is sent a bill for
20any medical forensic services and submit the billing protocol
21to the Crime Victim Services Division of the Office of the
22Attorney General for approval.
23     The billing protocol must include at a minimum:
24        (1) a description of training for persons who prepare
25    bills for medical and forensic services;
26        (2) a written acknowledgement signed by a person who

 

 

10100HB0163sam002- 154 -LRB101 04752 RLC 74552 a

1    has completed the training that the person will not bill
2    survivors of sexual assault;
3        (3) prohibitions on submitting any bill for any portion
4    of medical forensic services provided to a survivor of
5    sexual assault to a collection agency;
6        (4) prohibitions on taking any action that would
7    adversely affect the credit of the survivor of sexual
8    assault;
9        (5) the termination of all collection activities if the
10    protocol is violated; and
11        (6) the actions to be taken if a bill is sent to a
12    collection agency or the failure to pay is reported to any
13    credit reporting agency.
14    The Crime Victim Services Division of the Office of the
15Attorney General may provide a sample acceptable billing
16protocol upon request.
17    The Office of the Attorney General shall approve a proposed
18protocol if it finds that the implementation of the protocol
19would result in no survivor of sexual assault being billed or
20sent a bill for medical forensic services.
21    If the Office of the Attorney General determines that
22implementation of the protocol could result in the billing of a
23survivor of sexual assault for medical forensic services, the
24Office of the Attorney General shall provide the health care
25professional or approved pediatric health care facility with a
26written statement of the deficiencies in the protocol. The

 

 

10100HB0163sam002- 155 -LRB101 04752 RLC 74552 a

1health care professional or approved pediatric health care
2facility shall have 30 days to submit a revised billing
3protocol addressing the deficiencies to the Office of the
4Attorney General. The health care professional or approved
5pediatric health care facility shall implement the protocol
6upon approval by the Crime Victim Services Division of the
7Office of the Attorney General.
8    The health care professional or approved pediatric health
9care facility shall submit any proposed revision to or
10modification of an approved billing protocol to the Crime
11Victim Services Division of the Office of the Attorney General
12for approval. The health care professional or approved
13pediatric health care facility shall implement the revised or
14modified billing protocol upon approval by the Crime Victim
15Services Division of the Office of the Illinois Attorney
16General.
17    (e) This Section is effective on and after July 1, 2021.
18(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
19    Section 10-190. The Illinois Vehicle Code is amended by
20changing Sections 6-204, 6-206, 6-209.1, 6-308, 6-500, 6-601,
2111-208.3, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, and 16-103
22as follows:
 
23    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
24    Sec. 6-204. When court to forward license and reports.

 

 

10100HB0163sam002- 156 -LRB101 04752 RLC 74552 a

1    (a) For the purpose of providing to the Secretary of State
2the records essential to the performance of the Secretary's
3duties under this Code to cancel, revoke or suspend the
4driver's license and privilege to drive motor vehicles of
5certain minors and of persons found guilty of the criminal
6offenses or traffic violations which this Code recognizes as
7evidence relating to unfitness to safely operate motor
8vehicles, the following duties are imposed upon public
9officials:
10        (1) Whenever any person is convicted of any offense for
11    which this Code makes mandatory the cancellation or
12    revocation of the driver's license or permit of such person
13    by the Secretary of State, the judge of the court in which
14    such conviction is had shall require the surrender to the
15    clerk of the court of all driver's licenses or permits then
16    held by the person so convicted, and the clerk of the court
17    shall, within 5 days thereafter, forward the same, together
18    with a report of such conviction, to the Secretary.
19        (2) Whenever any person is convicted of any offense
20    under this Code or similar offenses under a municipal
21    ordinance, other than regulations governing standing,
22    parking or weights of vehicles, and excepting the following
23    enumerated Sections of this Code: Sections 11-1406
24    (obstruction to driver's view or control), 11-1407
25    (improper opening of door into traffic), 11-1410 (coasting
26    on downgrade), 11-1411 (following fire apparatus),

 

 

10100HB0163sam002- 157 -LRB101 04752 RLC 74552 a

1    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
2    vehicle which is in unsafe condition or improperly
3    equipped), 12-201(a) (daytime lights on motorcycles),
4    12-202 (clearance, identification and side marker lamps),
5    12-204 (lamp or flag on projecting load), 12-205 (failure
6    to display the safety lights required), 12-401
7    (restrictions as to tire equipment), 12-502 (mirrors),
8    12-503 (windshields must be unobstructed and equipped with
9    wipers), 12-601 (horns and warning devices), 12-602
10    (mufflers, prevention of noise or smoke), 12-603 (seat
11    safety belts), 12-702 (certain vehicles to carry flares or
12    other warning devices), 12-703 (vehicles for oiling roads
13    operated on highways), 12-710 (splash guards and
14    replacements), 13-101 (safety tests), 15-101 (size, weight
15    and load), 15-102 (width), 15-103 (height), 15-104 (name
16    and address on second division vehicles), 15-107 (length of
17    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
18    15-112 (weights), 15-301 (weights), 15-316 (weights),
19    15-318 (weights), and also excepting the following
20    enumerated Sections of the Chicago Municipal Code:
21    Sections 27-245 (following fire apparatus), 27-254
22    (obstruction of traffic), 27-258 (driving vehicle which is
23    in unsafe condition), 27-259 (coasting on downgrade),
24    27-264 (use of horns and signal devices), 27-265
25    (obstruction to driver's view or driver mechanism), 27-267
26    (dimming of headlights), 27-268 (unattended motor

 

 

10100HB0163sam002- 158 -LRB101 04752 RLC 74552 a

1    vehicle), 27-272 (illegal funeral procession), 27-273
2    (funeral procession on boulevard), 27-275 (driving freight
3    hauling vehicles on boulevard), 27-276 (stopping and
4    standing of buses or taxicabs), 27-277 (cruising of public
5    passenger vehicles), 27-305 (parallel parking), 27-306
6    (diagonal parking), 27-307 (parking not to obstruct
7    traffic), 27-308 (stopping, standing or parking
8    regulated), 27-311 (parking regulations), 27-312 (parking
9    regulations), 27-313 (parking regulations), 27-314
10    (parking regulations), 27-315 (parking regulations),
11    27-316 (parking regulations), 27-317 (parking
12    regulations), 27-318 (parking regulations), 27-319
13    (parking regulations), 27-320 (parking regulations),
14    27-321 (parking regulations), 27-322 (parking
15    regulations), 27-324 (loading and unloading at an angle),
16    27-333 (wheel and axle loads), 27-334 (load restrictions in
17    the downtown district), 27-335 (load restrictions in
18    residential areas), 27-338 (width of vehicles), 27-339
19    (height of vehicles), 27-340 (length of vehicles), 27-352
20    (reflectors on trailers), 27-353 (mufflers), 27-354
21    (display of plates), 27-355 (display of city vehicle tax
22    sticker), 27-357 (identification of vehicles), 27-358
23    (projecting of loads), and also excepting the following
24    enumerated paragraphs of Section 2-201 of the Rules and
25    Regulations of the Illinois State Toll Highway Authority:
26    (l) (driving unsafe vehicle on tollway), (m) (vehicles

 

 

10100HB0163sam002- 159 -LRB101 04752 RLC 74552 a

1    transporting dangerous cargo not properly indicated), it
2    shall be the duty of the clerk of the court in which such
3    conviction is had within 5 days thereafter to forward to
4    the Secretary of State a report of the conviction and the
5    court may recommend the suspension of the driver's license
6    or permit of the person so convicted.
7        The reporting requirements of this subsection shall
8    apply to all violations stated in paragraphs (1) and (2) of
9    this subsection when the individual has been adjudicated
10    under the Juvenile Court Act or the Juvenile Court Act of
11    1987. Such reporting requirements shall also apply to
12    individuals adjudicated under the Juvenile Court Act or the
13    Juvenile Court Act of 1987 who have committed a violation
14    of Section 11-501 of this Code, or similar provision of a
15    local ordinance, or Section 9-3 of the Criminal Code of
16    1961 or the Criminal Code of 2012, relating to the offense
17    of reckless homicide, or Section 5-7 of the Snowmobile
18    Registration and Safety Act or Section 5-16 of the Boat
19    Registration and Safety Act, relating to the offense of
20    operating a snowmobile or a watercraft while under the
21    influence of alcohol, other drug or drugs, intoxicating
22    compound or compounds, or combination thereof. These
23    reporting requirements also apply to individuals
24    adjudicated under the Juvenile Court Act of 1987 based on
25    any offense determined to have been committed in
26    furtherance of the criminal activities of an organized

 

 

10100HB0163sam002- 160 -LRB101 04752 RLC 74552 a

1    gang, as provided in Section 5-710 of that Act, if those
2    activities involved the operation or use of a motor
3    vehicle. It shall be the duty of the clerk of the court in
4    which adjudication is had within 5 days thereafter to
5    forward to the Secretary of State a report of the
6    adjudication and the court order requiring the Secretary of
7    State to suspend the minor's driver's license and driving
8    privilege for such time as determined by the court, but
9    only until he or she attains the age of 18 years. All
10    juvenile court dispositions reported to the Secretary of
11    State under this provision shall be processed by the
12    Secretary of State as if the cases had been adjudicated in
13    traffic or criminal court. However, information reported
14    relative to the offense of reckless homicide, or Section
15    11-501 of this Code, or a similar provision of a local
16    ordinance, shall be privileged and available only to the
17    Secretary of State, courts, and police officers.
18        The reporting requirements of this subsection (a)
19    apply to all violations listed in paragraphs (1) and (2) of
20    this subsection (a), excluding parking violations, when
21    the driver holds a CLP or CDL, regardless of the type of
22    vehicle in which the violation occurred, or when any driver
23    committed the violation in a commercial motor vehicle as
24    defined in Section 6-500 of this Code.
25        (3) Whenever an order is entered vacating the
26    conditions of pretrial release forfeiture of any bail,

 

 

10100HB0163sam002- 161 -LRB101 04752 RLC 74552 a

1    security or bond given to secure appearance for any offense
2    under this Code or similar offenses under municipal
3    ordinance, it shall be the duty of the clerk of the court
4    in which such vacation was had or the judge of such court
5    if such court has no clerk, within 5 days thereafter to
6    forward to the Secretary of State a report of the vacation.
7        (4) A report of any disposition of court supervision
8    for a violation of Sections 6-303, 11-401, 11-501 or a
9    similar provision of a local ordinance, 11-503, 11-504, and
10    11-506 of this Code, Section 5-7 of the Snowmobile
11    Registration and Safety Act, and Section 5-16 of the Boat
12    Registration and Safety Act shall be forwarded to the
13    Secretary of State. A report of any disposition of court
14    supervision for a violation of an offense defined as a
15    serious traffic violation in this Code or a similar
16    provision of a local ordinance committed by a person under
17    the age of 21 years shall be forwarded to the Secretary of
18    State.
19        (5) Reports of conviction under this Code and
20    sentencing hearings under the Juvenile Court Act of 1987 in
21    an electronic format or a computer processible medium shall
22    be forwarded to the Secretary of State via the Supreme
23    Court in the form and format required by the Illinois
24    Supreme Court and established by a written agreement
25    between the Supreme Court and the Secretary of State. In
26    counties with a population over 300,000, instead of

 

 

10100HB0163sam002- 162 -LRB101 04752 RLC 74552 a

1    forwarding reports to the Supreme Court, reports of
2    conviction under this Code and sentencing hearings under
3    the Juvenile Court Act of 1987 in an electronic format or a
4    computer processible medium may be forwarded to the
5    Secretary of State by the Circuit Court Clerk in a form and
6    format required by the Secretary of State and established
7    by written agreement between the Circuit Court Clerk and
8    the Secretary of State. Failure to forward the reports of
9    conviction or sentencing hearing under the Juvenile Court
10    Act of 1987 as required by this Section shall be deemed an
11    omission of duty and it shall be the duty of the several
12    State's Attorneys to enforce the requirements of this
13    Section.
14    (b) Whenever a restricted driving permit is forwarded to a
15court, as a result of confiscation by a police officer pursuant
16to the authority in Section 6-113(f), it shall be the duty of
17the clerk, or judge, if the court has no clerk, to forward such
18restricted driving permit and a facsimile of the officer's
19citation to the Secretary of State as expeditiously as
20practicable.
21    (c) For the purposes of this Code, a violation of the
22conditions of pretrial release forfeiture of bail or collateral
23deposited to secure a defendant's appearance in court when the
24conditions of pretrial release have forfeiture has not been
25vacated, or the failure of a defendant to appear for trial
26after depositing his driver's license in lieu of other bail,

 

 

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1shall be equivalent to a conviction.
2    (d) For the purpose of providing the Secretary of State
3with records necessary to properly monitor and assess driver
4performance and assist the courts in the proper disposition of
5repeat traffic law offenders, the clerk of the court shall
6forward to the Secretary of State, on a form prescribed by the
7Secretary, records of a driver's participation in a driver
8remedial or rehabilitative program which was required, through
9a court order or court supervision, in relation to the driver's
10arrest for a violation of Section 11-501 of this Code or a
11similar provision of a local ordinance. The clerk of the court
12shall also forward to the Secretary, either on paper or in an
13electronic format or a computer processible medium as required
14under paragraph (5) of subsection (a) of this Section, any
15disposition of court supervision for any traffic violation,
16excluding those offenses listed in paragraph (2) of subsection
17(a) of this Section. These reports shall be sent within 5 days
18after disposition, or, if the driver is referred to a driver
19remedial or rehabilitative program, within 5 days of the
20driver's referral to that program. These reports received by
21the Secretary of State, including those required to be
22forwarded under paragraph (a)(4), shall be privileged
23information, available only (i) to the affected driver, (ii) to
24the parent or guardian of a person under the age of 18 years
25holding an instruction permit or a graduated driver's license,
26and (iii) for use by the courts, police officers, prosecuting

 

 

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1authorities, the Secretary of State, and the driver licensing
2administrator of any other state. In accordance with 49 C.F.R.
3Part 384, all reports of court supervision, except violations
4related to parking, shall be forwarded to the Secretary of
5State for all holders of a CLP or CDL or any driver who commits
6an offense while driving a commercial motor vehicle. These
7reports shall be recorded to the driver's record as a
8conviction for use in the disqualification of the driver's
9commercial motor vehicle privileges and shall not be privileged
10information.
11(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
12    (625 ILCS 5/6-206)
13    (Text of Section before amendment by P.A. 101-90, 101-470,
14and 101-623)
15    Sec. 6-206. Discretionary authority to suspend or revoke
16license or permit; right to a hearing.
17    (a) The Secretary of State is authorized to suspend or
18revoke the driving privileges of any person without preliminary
19hearing upon a showing of the person's records or other
20sufficient evidence that the person:
21        1. Has committed an offense for which mandatory
22    revocation of a driver's license or permit is required upon
23    conviction;
24        2. Has been convicted of not less than 3 offenses
25    against traffic regulations governing the movement of

 

 

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1    vehicles committed within any 12-month 12 month period. No
2    revocation or suspension shall be entered more than 6
3    months after the date of last conviction;
4        3. Has been repeatedly involved as a driver in motor
5    vehicle collisions or has been repeatedly convicted of
6    offenses against laws and ordinances regulating the
7    movement of traffic, to a degree that indicates lack of
8    ability to exercise ordinary and reasonable care in the
9    safe operation of a motor vehicle or disrespect for the
10    traffic laws and the safety of other persons upon the
11    highway;
12        4. Has by the unlawful operation of a motor vehicle
13    caused or contributed to an accident resulting in injury
14    requiring immediate professional treatment in a medical
15    facility or doctor's office to any person, except that any
16    suspension or revocation imposed by the Secretary of State
17    under the provisions of this subsection shall start no
18    later than 6 months after being convicted of violating a
19    law or ordinance regulating the movement of traffic, which
20    violation is related to the accident, or shall start not
21    more than one year after the date of the accident,
22    whichever date occurs later;
23        5. Has permitted an unlawful or fraudulent use of a
24    driver's license, identification card, or permit;
25        6. Has been lawfully convicted of an offense or
26    offenses in another state, including the authorization

 

 

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1    contained in Section 6-203.1, which if committed within
2    this State would be grounds for suspension or revocation;
3        7. Has refused or failed to submit to an examination
4    provided for by Section 6-207 or has failed to pass the
5    examination;
6        8. Is ineligible for a driver's license or permit under
7    the provisions of Section 6-103;
8        9. Has made a false statement or knowingly concealed a
9    material fact or has used false information or
10    identification in any application for a license,
11    identification card, or permit;
12        10. Has possessed, displayed, or attempted to
13    fraudulently use any license, identification card, or
14    permit not issued to the person;
15        11. Has operated a motor vehicle upon a highway of this
16    State when the person's driving privilege or privilege to
17    obtain a driver's license or permit was revoked or
18    suspended unless the operation was authorized by a
19    monitoring device driving permit, judicial driving permit
20    issued prior to January 1, 2009, probationary license to
21    drive, or a restricted driving permit issued under this
22    Code;
23        12. Has submitted to any portion of the application
24    process for another person or has obtained the services of
25    another person to submit to any portion of the application
26    process for the purpose of obtaining a license,

 

 

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1    identification card, or permit for some other person;
2        13. Has operated a motor vehicle upon a highway of this
3    State when the person's driver's license or permit was
4    invalid under the provisions of Sections 6-107.1 and 6-110;
5        14. Has committed a violation of Section 6-301,
6    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
7    14B of the Illinois Identification Card Act;
8        15. Has been convicted of violating Section 21-2 of the
9    Criminal Code of 1961 or the Criminal Code of 2012 relating
10    to criminal trespass to vehicles in which case, the
11    suspension shall be for one year;
12        16. Has been convicted of violating Section 11-204 of
13    this Code relating to fleeing from a peace officer;
14        17. Has refused to submit to a test, or tests, as
15    required under Section 11-501.1 of this Code and the person
16    has not sought a hearing as provided for in Section
17    11-501.1;
18        18. Has, since issuance of a driver's license or
19    permit, been adjudged to be afflicted with or suffering
20    from any mental disability or disease;
21        19. Has committed a violation of paragraph (a) or (b)
22    of Section 6-101 relating to driving without a driver's
23    license;
24        20. Has been convicted of violating Section 6-104
25    relating to classification of driver's license;
26        21. Has been convicted of violating Section 11-402 of

 

 

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1    this Code relating to leaving the scene of an accident
2    resulting in damage to a vehicle in excess of $1,000, in
3    which case the suspension shall be for one year;
4        22. Has used a motor vehicle in violating paragraph
5    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
6    the Criminal Code of 1961 or the Criminal Code of 2012
7    relating to unlawful use of weapons, in which case the
8    suspension shall be for one year;
9        23. Has, as a driver, been convicted of committing a
10    violation of paragraph (a) of Section 11-502 of this Code
11    for a second or subsequent time within one year of a
12    similar violation;
13        24. Has been convicted by a court-martial or punished
14    by non-judicial punishment by military authorities of the
15    United States at a military installation in Illinois or in
16    another state of or for a traffic-related traffic related
17    offense that is the same as or similar to an offense
18    specified under Section 6-205 or 6-206 of this Code;
19        25. Has permitted any form of identification to be used
20    by another in the application process in order to obtain or
21    attempt to obtain a license, identification card, or
22    permit;
23        26. Has altered or attempted to alter a license or has
24    possessed an altered license, identification card, or
25    permit;
26        27. Has violated Section 6-16 of the Liquor Control Act

 

 

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1    of 1934;
2        28. Has been convicted for a first time of the illegal
3    possession, while operating or in actual physical control,
4    as a driver, of a motor vehicle, of any controlled
5    substance prohibited under the Illinois Controlled
6    Substances Act, any cannabis prohibited under the Cannabis
7    Control Act, or any methamphetamine prohibited under the
8    Methamphetamine Control and Community Protection Act, in
9    which case the person's driving privileges shall be
10    suspended for one year. Any defendant found guilty of this
11    offense while operating a motor vehicle, shall have an
12    entry made in the court record by the presiding judge that
13    this offense did occur while the defendant was operating a
14    motor vehicle and order the clerk of the court to report
15    the violation to the Secretary of State;
16        29. Has been convicted of the following offenses that
17    were committed while the person was operating or in actual
18    physical control, as a driver, of a motor vehicle: criminal
19    sexual assault, predatory criminal sexual assault of a
20    child, aggravated criminal sexual assault, criminal sexual
21    abuse, aggravated criminal sexual abuse, juvenile pimping,
22    soliciting for a juvenile prostitute, promoting juvenile
23    prostitution as described in subdivision (a)(1), (a)(2),
24    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
25    or the Criminal Code of 2012, and the manufacture, sale or
26    delivery of controlled substances or instruments used for

 

 

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1    illegal drug use or abuse in which case the driver's
2    driving privileges shall be suspended for one year;
3        30. Has been convicted a second or subsequent time for
4    any combination of the offenses named in paragraph 29 of
5    this subsection, in which case the person's driving
6    privileges shall be suspended for 5 years;
7        31. Has refused to submit to a test as required by
8    Section 11-501.6 of this Code or Section 5-16c of the Boat
9    Registration and Safety Act or has submitted to a test
10    resulting in an alcohol concentration of 0.08 or more or
11    any amount of a drug, substance, or compound resulting from
12    the unlawful use or consumption of cannabis as listed in
13    the Cannabis Control Act, a controlled substance as listed
14    in the Illinois Controlled Substances Act, an intoxicating
15    compound as listed in the Use of Intoxicating Compounds
16    Act, or methamphetamine as listed in the Methamphetamine
17    Control and Community Protection Act, in which case the
18    penalty shall be as prescribed in Section 6-208.1;
19        32. Has been convicted of Section 24-1.2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 relating
21    to the aggravated discharge of a firearm if the offender
22    was located in a motor vehicle at the time the firearm was
23    discharged, in which case the suspension shall be for 3
24    years;
25        33. Has as a driver, who was less than 21 years of age
26    on the date of the offense, been convicted a first time of

 

 

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1    a violation of paragraph (a) of Section 11-502 of this Code
2    or a similar provision of a local ordinance;
3        34. Has committed a violation of Section 11-1301.5 of
4    this Code or a similar provision of a local ordinance;
5        35. Has committed a violation of Section 11-1301.6 of
6    this Code or a similar provision of a local ordinance;
7        36. Is under the age of 21 years at the time of arrest
8    and has been convicted of not less than 2 offenses against
9    traffic regulations governing the movement of vehicles
10    committed within any 24-month 24 month period. No
11    revocation or suspension shall be entered more than 6
12    months after the date of last conviction;
13        37. Has committed a violation of subsection (c) of
14    Section 11-907 of this Code that resulted in damage to the
15    property of another or the death or injury of another;
16        38. Has been convicted of a violation of Section 6-20
17    of the Liquor Control Act of 1934 or a similar provision of
18    a local ordinance;
19        39. Has committed a second or subsequent violation of
20    Section 11-1201 of this Code;
21        40. Has committed a violation of subsection (a-1) of
22    Section 11-908 of this Code;
23        41. Has committed a second or subsequent violation of
24    Section 11-605.1 of this Code, a similar provision of a
25    local ordinance, or a similar violation in any other state
26    within 2 years of the date of the previous violation, in

 

 

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1    which case the suspension shall be for 90 days;
2        42. Has committed a violation of subsection (a-1) of
3    Section 11-1301.3 of this Code or a similar provision of a
4    local ordinance;
5        43. Has received a disposition of court supervision for
6    a violation of subsection (a), (d), or (e) of Section 6-20
7    of the Liquor Control Act of 1934 or a similar provision of
8    a local ordinance, in which case the suspension shall be
9    for a period of 3 months;
10        44. Is under the age of 21 years at the time of arrest
11    and has been convicted of an offense against traffic
12    regulations governing the movement of vehicles after
13    having previously had his or her driving privileges
14    suspended or revoked pursuant to subparagraph 36 of this
15    Section;
16        45. Has, in connection with or during the course of a
17    formal hearing conducted under Section 2-118 of this Code:
18    (i) committed perjury; (ii) submitted fraudulent or
19    falsified documents; (iii) submitted documents that have
20    been materially altered; or (iv) submitted, as his or her
21    own, documents that were in fact prepared or composed for
22    another person;
23        46. Has committed a violation of subsection (j) of
24    Section 3-413 of this Code;
25        47. Has committed a violation of Section 11-502.1 of
26    this Code; or

 

 

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1        48. Has submitted a falsified or altered medical
2    examiner's certificate to the Secretary of State or
3    provided false information to obtain a medical examiner's
4    certificate.
5    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
6and 27 of this subsection, license means any driver's license,
7any traffic ticket issued when the person's driver's license is
8deposited in lieu of bail, a suspension notice issued by the
9Secretary of State, a duplicate or corrected driver's license,
10a probationary driver's license, or a temporary driver's
11license.
12    (b) If any conviction forming the basis of a suspension or
13revocation authorized under this Section is appealed, the
14Secretary of State may rescind or withhold the entry of the
15order of suspension or revocation, as the case may be, provided
16that a certified copy of a stay order of a court is filed with
17the Secretary of State. If the conviction is affirmed on
18appeal, the date of the conviction shall relate back to the
19time the original judgment of conviction was entered and the
206-month 6 month limitation prescribed shall not apply.
21    (c) 1. Upon suspending or revoking the driver's license or
22permit of any person as authorized in this Section, the
23Secretary of State shall immediately notify the person in
24writing of the revocation or suspension. The notice to be
25deposited in the United States mail, postage prepaid, to the
26last known address of the person.

 

 

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1    2. If the Secretary of State suspends the driver's license
2of a person under subsection 2 of paragraph (a) of this
3Section, a person's privilege to operate a vehicle as an
4occupation shall not be suspended, provided an affidavit is
5properly completed, the appropriate fee received, and a permit
6issued prior to the effective date of the suspension, unless 5
7offenses were committed, at least 2 of which occurred while
8operating a commercial vehicle in connection with the driver's
9regular occupation. All other driving privileges shall be
10suspended by the Secretary of State. Any driver prior to
11operating a vehicle for occupational purposes only must submit
12the affidavit on forms to be provided by the Secretary of State
13setting forth the facts of the person's occupation. The
14affidavit shall also state the number of offenses committed
15while operating a vehicle in connection with the driver's
16regular occupation. The affidavit shall be accompanied by the
17driver's license. Upon receipt of a properly completed
18affidavit, the Secretary of State shall issue the driver a
19permit to operate a vehicle in connection with the driver's
20regular occupation only. Unless the permit is issued by the
21Secretary of State prior to the date of suspension, the
22privilege to drive any motor vehicle shall be suspended as set
23forth in the notice that was mailed under this Section. If an
24affidavit is received subsequent to the effective date of this
25suspension, a permit may be issued for the remainder of the
26suspension period.

 

 

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1    The provisions of this subparagraph shall not apply to any
2driver required to possess a CDL for the purpose of operating a
3commercial motor vehicle.
4    Any person who falsely states any fact in the affidavit
5required herein shall be guilty of perjury under Section 6-302
6and upon conviction thereof shall have all driving privileges
7revoked without further rights.
8    3. At the conclusion of a hearing under Section 2-118 of
9this Code, the Secretary of State shall either rescind or
10continue an order of revocation or shall substitute an order of
11suspension; or, good cause appearing therefor, rescind,
12continue, change, or extend the order of suspension. If the
13Secretary of State does not rescind the order, the Secretary
14may upon application, to relieve undue hardship (as defined by
15the rules of the Secretary of State), issue a restricted
16driving permit granting the privilege of driving a motor
17vehicle between the petitioner's residence and petitioner's
18place of employment or within the scope of the petitioner's
19employment-related employment related duties, or to allow the
20petitioner to transport himself or herself, or a family member
21of the petitioner's household to a medical facility, to receive
22necessary medical care, to allow the petitioner to transport
23himself or herself to and from alcohol or drug remedial or
24rehabilitative activity recommended by a licensed service
25provider, or to allow the petitioner to transport himself or
26herself or a family member of the petitioner's household to

 

 

10100HB0163sam002- 176 -LRB101 04752 RLC 74552 a

1classes, as a student, at an accredited educational
2institution, or to allow the petitioner to transport children,
3elderly persons, or persons with disabilities who do not hold
4driving privileges and are living in the petitioner's household
5to and from daycare. The petitioner must demonstrate that no
6alternative means of transportation is reasonably available
7and that the petitioner will not endanger the public safety or
8welfare.
9        (A) If a person's license or permit is revoked or
10    suspended due to 2 or more convictions of violating Section
11    11-501 of this Code or a similar provision of a local
12    ordinance or a similar out-of-state offense, or Section 9-3
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    where the use of alcohol or other drugs is recited as an
15    element of the offense, or a similar out-of-state offense,
16    or a combination of these offenses, arising out of separate
17    occurrences, that person, if issued a restricted driving
18    permit, may not operate a vehicle unless it has been
19    equipped with an ignition interlock device as defined in
20    Section 1-129.1.
21        (B) If a person's license or permit is revoked or
22    suspended 2 or more times due to any combination of:
23            (i) a single conviction of violating Section
24        11-501 of this Code or a similar provision of a local
25        ordinance or a similar out-of-state offense or Section
26        9-3 of the Criminal Code of 1961 or the Criminal Code

 

 

10100HB0163sam002- 177 -LRB101 04752 RLC 74552 a

1        of 2012, where the use of alcohol or other drugs is
2        recited as an element of the offense, or a similar
3        out-of-state offense; or
4            (ii) a statutory summary suspension or revocation
5        under Section 11-501.1; or
6            (iii) a suspension under Section 6-203.1;
7    arising out of separate occurrences; that person, if issued
8    a restricted driving permit, may not operate a vehicle
9    unless it has been equipped with an ignition interlock
10    device as defined in Section 1-129.1.
11        (B-5) If a person's license or permit is revoked or
12    suspended due to a conviction for a violation of
13    subparagraph (C) or (F) of paragraph (1) of subsection (d)
14    of Section 11-501 of this Code, or a similar provision of a
15    local ordinance or similar out-of-state offense, that
16    person, if issued a restricted driving permit, may not
17    operate a vehicle unless it has been equipped with an
18    ignition interlock device as defined in Section 1-129.1.
19        (C) The person issued a permit conditioned upon the use
20    of an ignition interlock device must pay to the Secretary
21    of State DUI Administration Fund an amount not to exceed
22    $30 per month. The Secretary shall establish by rule the
23    amount and the procedures, terms, and conditions relating
24    to these fees.
25        (D) If the restricted driving permit is issued for
26    employment purposes, then the prohibition against

 

 

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1    operating a motor vehicle that is not equipped with an
2    ignition interlock device does not apply to the operation
3    of an occupational vehicle owned or leased by that person's
4    employer when used solely for employment purposes. For any
5    person who, within a 5-year period, is convicted of a
6    second or subsequent offense under Section 11-501 of this
7    Code, or a similar provision of a local ordinance or
8    similar out-of-state offense, this employment exemption
9    does not apply until either a one-year period has elapsed
10    during which that person had his or her driving privileges
11    revoked or a one-year period has elapsed during which that
12    person had a restricted driving permit which required the
13    use of an ignition interlock device on every motor vehicle
14    owned or operated by that person.
15        (E) In each case the Secretary may issue a restricted
16    driving permit for a period deemed appropriate, except that
17    all permits shall expire no later than 2 years from the
18    date of issuance. A restricted driving permit issued under
19    this Section shall be subject to cancellation, revocation,
20    and suspension by the Secretary of State in like manner and
21    for like cause as a driver's license issued under this Code
22    may be cancelled, revoked, or suspended; except that a
23    conviction upon one or more offenses against laws or
24    ordinances regulating the movement of traffic shall be
25    deemed sufficient cause for the revocation, suspension, or
26    cancellation of a restricted driving permit. The Secretary

 

 

10100HB0163sam002- 179 -LRB101 04752 RLC 74552 a

1    of State may, as a condition to the issuance of a
2    restricted driving permit, require the applicant to
3    participate in a designated driver remedial or
4    rehabilitative program. The Secretary of State is
5    authorized to cancel a restricted driving permit if the
6    permit holder does not successfully complete the program.
7        (F) A person subject to the provisions of paragraph 4
8    of subsection (b) of Section 6-208 of this Code may make
9    application for a restricted driving permit at a hearing
10    conducted under Section 2-118 of this Code after the
11    expiration of 5 years from the effective date of the most
12    recent revocation or after 5 years from the date of release
13    from a period of imprisonment resulting from a conviction
14    of the most recent offense, whichever is later, provided
15    the person, in addition to all other requirements of the
16    Secretary, shows by clear and convincing evidence:
17            (i) a minimum of 3 years of uninterrupted
18        abstinence from alcohol and the unlawful use or
19        consumption of cannabis under the Cannabis Control
20        Act, a controlled substance under the Illinois
21        Controlled Substances Act, an intoxicating compound
22        under the Use of Intoxicating Compounds Act, or
23        methamphetamine under the Methamphetamine Control and
24        Community Protection Act; and
25            (ii) the successful completion of any
26        rehabilitative treatment and involvement in any

 

 

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1        ongoing rehabilitative activity that may be
2        recommended by a properly licensed service provider
3        according to an assessment of the person's alcohol or
4        drug use under Section 11-501.01 of this Code.
5        In determining whether an applicant is eligible for a
6    restricted driving permit under this subparagraph (F), the
7    Secretary may consider any relevant evidence, including,
8    but not limited to, testimony, affidavits, records, and the
9    results of regular alcohol or drug tests. Persons subject
10    to the provisions of paragraph 4 of subsection (b) of
11    Section 6-208 of this Code and who have been convicted of
12    more than one violation of paragraph (3), paragraph (4), or
13    paragraph (5) of subsection (a) of Section 11-501 of this
14    Code shall not be eligible to apply for a restricted
15    driving permit under this subparagraph (F).
16        A restricted driving permit issued under this
17    subparagraph (F) shall provide that the holder may only
18    operate motor vehicles equipped with an ignition interlock
19    device as required under paragraph (2) of subsection (c) of
20    Section 6-205 of this Code and subparagraph (A) of
21    paragraph 3 of subsection (c) of this Section. The
22    Secretary may revoke a restricted driving permit or amend
23    the conditions of a restricted driving permit issued under
24    this subparagraph (F) if the holder operates a vehicle that
25    is not equipped with an ignition interlock device, or for
26    any other reason authorized under this Code.

 

 

10100HB0163sam002- 181 -LRB101 04752 RLC 74552 a

1        A restricted driving permit issued under this
2    subparagraph (F) shall be revoked, and the holder barred
3    from applying for or being issued a restricted driving
4    permit in the future, if the holder is convicted of a
5    violation of Section 11-501 of this Code, a similar
6    provision of a local ordinance, or a similar offense in
7    another state.
8    (c-3) In the case of a suspension under paragraph 43 of
9subsection (a), reports received by the Secretary of State
10under this Section shall, except during the actual time the
11suspension is in effect, be privileged information and for use
12only by the courts, police officers, prosecuting authorities,
13the driver licensing administrator of any other state, the
14Secretary of State, or the parent or legal guardian of a driver
15under the age of 18. However, beginning January 1, 2008, if the
16person is a CDL holder, the suspension shall also be made
17available to the driver licensing administrator of any other
18state, the U.S. Department of Transportation, and the affected
19driver or motor carrier or prospective motor carrier upon
20request.
21    (c-4) In the case of a suspension under paragraph 43 of
22subsection (a), the Secretary of State shall notify the person
23by mail that his or her driving privileges and driver's license
24will be suspended one month after the date of the mailing of
25the notice.
26    (c-5) The Secretary of State may, as a condition of the

 

 

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1reissuance of a driver's license or permit to an applicant
2whose driver's license or permit has been suspended before he
3or she reached the age of 21 years pursuant to any of the
4provisions of this Section, require the applicant to
5participate in a driver remedial education course and be
6retested under Section 6-109 of this Code.
7    (d) This Section is subject to the provisions of the Driver
8Drivers License Compact.
9    (e) The Secretary of State shall not issue a restricted
10driving permit to a person under the age of 16 years whose
11driving privileges have been suspended or revoked under any
12provisions of this Code.
13    (f) In accordance with 49 C.F.R. 384, the Secretary of
14State may not issue a restricted driving permit for the
15operation of a commercial motor vehicle to a person holding a
16CDL whose driving privileges have been suspended, revoked,
17cancelled, or disqualified under any provisions of this Code.
18(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
1999-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
2099-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
21    (Text of Section after amendment by P.A. 101-90, 101-470,
22and 101-623)
23    Sec. 6-206. Discretionary authority to suspend or revoke
24license or permit; right to a hearing.
25    (a) The Secretary of State is authorized to suspend or

 

 

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1revoke the driving privileges of any person without preliminary
2hearing upon a showing of the person's records or other
3sufficient evidence that the person:
4        1. Has committed an offense for which mandatory
5    revocation of a driver's license or permit is required upon
6    conviction;
7        2. Has been convicted of not less than 3 offenses
8    against traffic regulations governing the movement of
9    vehicles committed within any 12-month 12 month period. No
10    revocation or suspension shall be entered more than 6
11    months after the date of last conviction;
12        3. Has been repeatedly involved as a driver in motor
13    vehicle collisions or has been repeatedly convicted of
14    offenses against laws and ordinances regulating the
15    movement of traffic, to a degree that indicates lack of
16    ability to exercise ordinary and reasonable care in the
17    safe operation of a motor vehicle or disrespect for the
18    traffic laws and the safety of other persons upon the
19    highway;
20        4. Has by the unlawful operation of a motor vehicle
21    caused or contributed to an accident resulting in injury
22    requiring immediate professional treatment in a medical
23    facility or doctor's office to any person, except that any
24    suspension or revocation imposed by the Secretary of State
25    under the provisions of this subsection shall start no
26    later than 6 months after being convicted of violating a

 

 

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1    law or ordinance regulating the movement of traffic, which
2    violation is related to the accident, or shall start not
3    more than one year after the date of the accident,
4    whichever date occurs later;
5        5. Has permitted an unlawful or fraudulent use of a
6    driver's license, identification card, or permit;
7        6. Has been lawfully convicted of an offense or
8    offenses in another state, including the authorization
9    contained in Section 6-203.1, which if committed within
10    this State would be grounds for suspension or revocation;
11        7. Has refused or failed to submit to an examination
12    provided for by Section 6-207 or has failed to pass the
13    examination;
14        8. Is ineligible for a driver's license or permit under
15    the provisions of Section 6-103;
16        9. Has made a false statement or knowingly concealed a
17    material fact or has used false information or
18    identification in any application for a license,
19    identification card, or permit;
20        10. Has possessed, displayed, or attempted to
21    fraudulently use any license, identification card, or
22    permit not issued to the person;
23        11. Has operated a motor vehicle upon a highway of this
24    State when the person's driving privilege or privilege to
25    obtain a driver's license or permit was revoked or
26    suspended unless the operation was authorized by a

 

 

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1    monitoring device driving permit, judicial driving permit
2    issued prior to January 1, 2009, probationary license to
3    drive, or a restricted driving permit issued under this
4    Code;
5        12. Has submitted to any portion of the application
6    process for another person or has obtained the services of
7    another person to submit to any portion of the application
8    process for the purpose of obtaining a license,
9    identification card, or permit for some other person;
10        13. Has operated a motor vehicle upon a highway of this
11    State when the person's driver's license or permit was
12    invalid under the provisions of Sections 6-107.1 and 6-110;
13        14. Has committed a violation of Section 6-301,
14    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
15    14B of the Illinois Identification Card Act;
16        15. Has been convicted of violating Section 21-2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012 relating
18    to criminal trespass to vehicles if the person exercised
19    actual physical control over the vehicle during the
20    commission of the offense, in which case the suspension
21    shall be for one year;
22        16. Has been convicted of violating Section 11-204 of
23    this Code relating to fleeing from a peace officer;
24        17. Has refused to submit to a test, or tests, as
25    required under Section 11-501.1 of this Code and the person
26    has not sought a hearing as provided for in Section

 

 

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1    11-501.1;
2        18. (Blank);
3        19. Has committed a violation of paragraph (a) or (b)
4    of Section 6-101 relating to driving without a driver's
5    license;
6        20. Has been convicted of violating Section 6-104
7    relating to classification of driver's license;
8        21. Has been convicted of violating Section 11-402 of
9    this Code relating to leaving the scene of an accident
10    resulting in damage to a vehicle in excess of $1,000, in
11    which case the suspension shall be for one year;
12        22. Has used a motor vehicle in violating paragraph
13    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
14    the Criminal Code of 1961 or the Criminal Code of 2012
15    relating to unlawful use of weapons, in which case the
16    suspension shall be for one year;
17        23. Has, as a driver, been convicted of committing a
18    violation of paragraph (a) of Section 11-502 of this Code
19    for a second or subsequent time within one year of a
20    similar violation;
21        24. Has been convicted by a court-martial or punished
22    by non-judicial punishment by military authorities of the
23    United States at a military installation in Illinois or in
24    another state of or for a traffic-related traffic related
25    offense that is the same as or similar to an offense
26    specified under Section 6-205 or 6-206 of this Code;

 

 

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1        25. Has permitted any form of identification to be used
2    by another in the application process in order to obtain or
3    attempt to obtain a license, identification card, or
4    permit;
5        26. Has altered or attempted to alter a license or has
6    possessed an altered license, identification card, or
7    permit;
8        27. (Blank);
9        28. Has been convicted for a first time of the illegal
10    possession, while operating or in actual physical control,
11    as a driver, of a motor vehicle, of any controlled
12    substance prohibited under the Illinois Controlled
13    Substances Act, any cannabis prohibited under the Cannabis
14    Control Act, or any methamphetamine prohibited under the
15    Methamphetamine Control and Community Protection Act, in
16    which case the person's driving privileges shall be
17    suspended for one year. Any defendant found guilty of this
18    offense while operating a motor vehicle, shall have an
19    entry made in the court record by the presiding judge that
20    this offense did occur while the defendant was operating a
21    motor vehicle and order the clerk of the court to report
22    the violation to the Secretary of State;
23        29. Has been convicted of the following offenses that
24    were committed while the person was operating or in actual
25    physical control, as a driver, of a motor vehicle: criminal
26    sexual assault, predatory criminal sexual assault of a

 

 

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1    child, aggravated criminal sexual assault, criminal sexual
2    abuse, aggravated criminal sexual abuse, juvenile pimping,
3    soliciting for a juvenile prostitute, promoting juvenile
4    prostitution as described in subdivision (a)(1), (a)(2),
5    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
6    or the Criminal Code of 2012, and the manufacture, sale or
7    delivery of controlled substances or instruments used for
8    illegal drug use or abuse in which case the driver's
9    driving privileges shall be suspended for one year;
10        30. Has been convicted a second or subsequent time for
11    any combination of the offenses named in paragraph 29 of
12    this subsection, in which case the person's driving
13    privileges shall be suspended for 5 years;
14        31. Has refused to submit to a test as required by
15    Section 11-501.6 of this Code or Section 5-16c of the Boat
16    Registration and Safety Act or has submitted to a test
17    resulting in an alcohol concentration of 0.08 or more or
18    any amount of a drug, substance, or compound resulting from
19    the unlawful use or consumption of cannabis as listed in
20    the Cannabis Control Act, a controlled substance as listed
21    in the Illinois Controlled Substances Act, an intoxicating
22    compound as listed in the Use of Intoxicating Compounds
23    Act, or methamphetamine as listed in the Methamphetamine
24    Control and Community Protection Act, in which case the
25    penalty shall be as prescribed in Section 6-208.1;
26        32. Has been convicted of Section 24-1.2 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012 relating
2    to the aggravated discharge of a firearm if the offender
3    was located in a motor vehicle at the time the firearm was
4    discharged, in which case the suspension shall be for 3
5    years;
6        33. Has as a driver, who was less than 21 years of age
7    on the date of the offense, been convicted a first time of
8    a violation of paragraph (a) of Section 11-502 of this Code
9    or a similar provision of a local ordinance;
10        34. Has committed a violation of Section 11-1301.5 of
11    this Code or a similar provision of a local ordinance;
12        35. Has committed a violation of Section 11-1301.6 of
13    this Code or a similar provision of a local ordinance;
14        36. Is under the age of 21 years at the time of arrest
15    and has been convicted of not less than 2 offenses against
16    traffic regulations governing the movement of vehicles
17    committed within any 24-month 24 month period. No
18    revocation or suspension shall be entered more than 6
19    months after the date of last conviction;
20        37. Has committed a violation of subsection (c) of
21    Section 11-907 of this Code that resulted in damage to the
22    property of another or the death or injury of another;
23        38. Has been convicted of a violation of Section 6-20
24    of the Liquor Control Act of 1934 or a similar provision of
25    a local ordinance and the person was an occupant of a motor
26    vehicle at the time of the violation;

 

 

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1        39. Has committed a second or subsequent violation of
2    Section 11-1201 of this Code;
3        40. Has committed a violation of subsection (a-1) of
4    Section 11-908 of this Code;
5        41. Has committed a second or subsequent violation of
6    Section 11-605.1 of this Code, a similar provision of a
7    local ordinance, or a similar violation in any other state
8    within 2 years of the date of the previous violation, in
9    which case the suspension shall be for 90 days;
10        42. Has committed a violation of subsection (a-1) of
11    Section 11-1301.3 of this Code or a similar provision of a
12    local ordinance;
13        43. Has received a disposition of court supervision for
14    a violation of subsection (a), (d), or (e) of Section 6-20
15    of the Liquor Control Act of 1934 or a similar provision of
16    a local ordinance and the person was an occupant of a motor
17    vehicle at the time of the violation, in which case the
18    suspension shall be for a period of 3 months;
19        44. Is under the age of 21 years at the time of arrest
20    and has been convicted of an offense against traffic
21    regulations governing the movement of vehicles after
22    having previously had his or her driving privileges
23    suspended or revoked pursuant to subparagraph 36 of this
24    Section;
25        45. Has, in connection with or during the course of a
26    formal hearing conducted under Section 2-118 of this Code:

 

 

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1    (i) committed perjury; (ii) submitted fraudulent or
2    falsified documents; (iii) submitted documents that have
3    been materially altered; or (iv) submitted, as his or her
4    own, documents that were in fact prepared or composed for
5    another person;
6        46. Has committed a violation of subsection (j) of
7    Section 3-413 of this Code;
8        47. Has committed a violation of subsection (a) of
9    Section 11-502.1 of this Code;
10        48. Has submitted a falsified or altered medical
11    examiner's certificate to the Secretary of State or
12    provided false information to obtain a medical examiner's
13    certificate; or
14        49. Has committed a violation of subsection (b-5) of
15    Section 12-610.2 that resulted in great bodily harm,
16    permanent disability, or disfigurement, in which case the
17    driving privileges shall be suspended for 12 months; or .
18        50. 49. Has been convicted of a violation of Section
19    11-1002 or 11-1002.5 that resulted in a Type A injury to
20    another, in which case the person's driving privileges
21    shall be suspended for 12 months.
22    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
23and 27 of this subsection, license means any driver's license,
24any traffic ticket issued when the person's driver's license is
25deposited in lieu of bail, a suspension notice issued by the
26Secretary of State, a duplicate or corrected driver's license,

 

 

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1a probationary driver's license, or a temporary driver's
2license.
3    (b) If any conviction forming the basis of a suspension or
4revocation authorized under this Section is appealed, the
5Secretary of State may rescind or withhold the entry of the
6order of suspension or revocation, as the case may be, provided
7that a certified copy of a stay order of a court is filed with
8the Secretary of State. If the conviction is affirmed on
9appeal, the date of the conviction shall relate back to the
10time the original judgment of conviction was entered and the
116-month 6 month limitation prescribed shall not apply.
12    (c) 1. Upon suspending or revoking the driver's license or
13permit of any person as authorized in this Section, the
14Secretary of State shall immediately notify the person in
15writing of the revocation or suspension. The notice to be
16deposited in the United States mail, postage prepaid, to the
17last known address of the person.
18    2. If the Secretary of State suspends the driver's license
19of a person under subsection 2 of paragraph (a) of this
20Section, a person's privilege to operate a vehicle as an
21occupation shall not be suspended, provided an affidavit is
22properly completed, the appropriate fee received, and a permit
23issued prior to the effective date of the suspension, unless 5
24offenses were committed, at least 2 of which occurred while
25operating a commercial vehicle in connection with the driver's
26regular occupation. All other driving privileges shall be

 

 

10100HB0163sam002- 193 -LRB101 04752 RLC 74552 a

1suspended by the Secretary of State. Any driver prior to
2operating a vehicle for occupational purposes only must submit
3the affidavit on forms to be provided by the Secretary of State
4setting forth the facts of the person's occupation. The
5affidavit shall also state the number of offenses committed
6while operating a vehicle in connection with the driver's
7regular occupation. The affidavit shall be accompanied by the
8driver's license. Upon receipt of a properly completed
9affidavit, the Secretary of State shall issue the driver a
10permit to operate a vehicle in connection with the driver's
11regular occupation only. Unless the permit is issued by the
12Secretary of State prior to the date of suspension, the
13privilege to drive any motor vehicle shall be suspended as set
14forth in the notice that was mailed under this Section. If an
15affidavit is received subsequent to the effective date of this
16suspension, a permit may be issued for the remainder of the
17suspension period.
18    The provisions of this subparagraph shall not apply to any
19driver required to possess a CDL for the purpose of operating a
20commercial motor vehicle.
21    Any person who falsely states any fact in the affidavit
22required herein shall be guilty of perjury under Section 6-302
23and upon conviction thereof shall have all driving privileges
24revoked without further rights.
25    3. At the conclusion of a hearing under Section 2-118 of
26this Code, the Secretary of State shall either rescind or

 

 

10100HB0163sam002- 194 -LRB101 04752 RLC 74552 a

1continue an order of revocation or shall substitute an order of
2suspension; or, good cause appearing therefor, rescind,
3continue, change, or extend the order of suspension. If the
4Secretary of State does not rescind the order, the Secretary
5may upon application, to relieve undue hardship (as defined by
6the rules of the Secretary of State), issue a restricted
7driving permit granting the privilege of driving a motor
8vehicle between the petitioner's residence and petitioner's
9place of employment or within the scope of the petitioner's
10employment-related employment related duties, or to allow the
11petitioner to transport himself or herself, or a family member
12of the petitioner's household to a medical facility, to receive
13necessary medical care, to allow the petitioner to transport
14himself or herself to and from alcohol or drug remedial or
15rehabilitative activity recommended by a licensed service
16provider, or to allow the petitioner to transport himself or
17herself or a family member of the petitioner's household to
18classes, as a student, at an accredited educational
19institution, or to allow the petitioner to transport children,
20elderly persons, or persons with disabilities who do not hold
21driving privileges and are living in the petitioner's household
22to and from daycare. The petitioner must demonstrate that no
23alternative means of transportation is reasonably available
24and that the petitioner will not endanger the public safety or
25welfare.
26        (A) If a person's license or permit is revoked or

 

 

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1    suspended due to 2 or more convictions of violating Section
2    11-501 of this Code or a similar provision of a local
3    ordinance or a similar out-of-state offense, or Section 9-3
4    of the Criminal Code of 1961 or the Criminal Code of 2012,
5    where the use of alcohol or other drugs is recited as an
6    element of the offense, or a similar out-of-state offense,
7    or a combination of these offenses, arising out of separate
8    occurrences, that person, if issued a restricted driving
9    permit, may not operate a vehicle unless it has been
10    equipped with an ignition interlock device as defined in
11    Section 1-129.1.
12        (B) If a person's license or permit is revoked or
13    suspended 2 or more times due to any combination of:
14            (i) a single conviction of violating Section
15        11-501 of this Code or a similar provision of a local
16        ordinance or a similar out-of-state offense or Section
17        9-3 of the Criminal Code of 1961 or the Criminal Code
18        of 2012, where the use of alcohol or other drugs is
19        recited as an element of the offense, or a similar
20        out-of-state offense; or
21            (ii) a statutory summary suspension or revocation
22        under Section 11-501.1; or
23            (iii) a suspension under Section 6-203.1;
24    arising out of separate occurrences; that person, if issued
25    a restricted driving permit, may not operate a vehicle
26    unless it has been equipped with an ignition interlock

 

 

10100HB0163sam002- 196 -LRB101 04752 RLC 74552 a

1    device as defined in Section 1-129.1.
2        (B-5) If a person's license or permit is revoked or
3    suspended due to a conviction for a violation of
4    subparagraph (C) or (F) of paragraph (1) of subsection (d)
5    of Section 11-501 of this Code, or a similar provision of a
6    local ordinance or similar out-of-state offense, that
7    person, if issued a restricted driving permit, may not
8    operate a vehicle unless it has been equipped with an
9    ignition interlock device as defined in Section 1-129.1.
10        (C) The person issued a permit conditioned upon the use
11    of an ignition interlock device must pay to the Secretary
12    of State DUI Administration Fund an amount not to exceed
13    $30 per month. The Secretary shall establish by rule the
14    amount and the procedures, terms, and conditions relating
15    to these fees.
16        (D) If the restricted driving permit is issued for
17    employment purposes, then the prohibition against
18    operating a motor vehicle that is not equipped with an
19    ignition interlock device does not apply to the operation
20    of an occupational vehicle owned or leased by that person's
21    employer when used solely for employment purposes. For any
22    person who, within a 5-year period, is convicted of a
23    second or subsequent offense under Section 11-501 of this
24    Code, or a similar provision of a local ordinance or
25    similar out-of-state offense, this employment exemption
26    does not apply until either a one-year period has elapsed

 

 

10100HB0163sam002- 197 -LRB101 04752 RLC 74552 a

1    during which that person had his or her driving privileges
2    revoked or a one-year period has elapsed during which that
3    person had a restricted driving permit which required the
4    use of an ignition interlock device on every motor vehicle
5    owned or operated by that person.
6        (E) In each case the Secretary may issue a restricted
7    driving permit for a period deemed appropriate, except that
8    all permits shall expire no later than 2 years from the
9    date of issuance. A restricted driving permit issued under
10    this Section shall be subject to cancellation, revocation,
11    and suspension by the Secretary of State in like manner and
12    for like cause as a driver's license issued under this Code
13    may be cancelled, revoked, or suspended; except that a
14    conviction upon one or more offenses against laws or
15    ordinances regulating the movement of traffic shall be
16    deemed sufficient cause for the revocation, suspension, or
17    cancellation of a restricted driving permit. The Secretary
18    of State may, as a condition to the issuance of a
19    restricted driving permit, require the applicant to
20    participate in a designated driver remedial or
21    rehabilitative program. The Secretary of State is
22    authorized to cancel a restricted driving permit if the
23    permit holder does not successfully complete the program.
24        (F) A person subject to the provisions of paragraph 4
25    of subsection (b) of Section 6-208 of this Code may make
26    application for a restricted driving permit at a hearing

 

 

10100HB0163sam002- 198 -LRB101 04752 RLC 74552 a

1    conducted under Section 2-118 of this Code after the
2    expiration of 5 years from the effective date of the most
3    recent revocation or after 5 years from the date of release
4    from a period of imprisonment resulting from a conviction
5    of the most recent offense, whichever is later, provided
6    the person, in addition to all other requirements of the
7    Secretary, shows by clear and convincing evidence:
8            (i) a minimum of 3 years of uninterrupted
9        abstinence from alcohol and the unlawful use or
10        consumption of cannabis under the Cannabis Control
11        Act, a controlled substance under the Illinois
12        Controlled Substances Act, an intoxicating compound
13        under the Use of Intoxicating Compounds Act, or
14        methamphetamine under the Methamphetamine Control and
15        Community Protection Act; and
16            (ii) the successful completion of any
17        rehabilitative treatment and involvement in any
18        ongoing rehabilitative activity that may be
19        recommended by a properly licensed service provider
20        according to an assessment of the person's alcohol or
21        drug use under Section 11-501.01 of this Code.
22        In determining whether an applicant is eligible for a
23    restricted driving permit under this subparagraph (F), the
24    Secretary may consider any relevant evidence, including,
25    but not limited to, testimony, affidavits, records, and the
26    results of regular alcohol or drug tests. Persons subject

 

 

10100HB0163sam002- 199 -LRB101 04752 RLC 74552 a

1    to the provisions of paragraph 4 of subsection (b) of
2    Section 6-208 of this Code and who have been convicted of
3    more than one violation of paragraph (3), paragraph (4), or
4    paragraph (5) of subsection (a) of Section 11-501 of this
5    Code shall not be eligible to apply for a restricted
6    driving permit under this subparagraph (F).
7        A restricted driving permit issued under this
8    subparagraph (F) shall provide that the holder may only
9    operate motor vehicles equipped with an ignition interlock
10    device as required under paragraph (2) of subsection (c) of
11    Section 6-205 of this Code and subparagraph (A) of
12    paragraph 3 of subsection (c) of this Section. The
13    Secretary may revoke a restricted driving permit or amend
14    the conditions of a restricted driving permit issued under
15    this subparagraph (F) if the holder operates a vehicle that
16    is not equipped with an ignition interlock device, or for
17    any other reason authorized under this Code.
18        A restricted driving permit issued under this
19    subparagraph (F) shall be revoked, and the holder barred
20    from applying for or being issued a restricted driving
21    permit in the future, if the holder is convicted of a
22    violation of Section 11-501 of this Code, a similar
23    provision of a local ordinance, or a similar offense in
24    another state.
25    (c-3) In the case of a suspension under paragraph 43 of
26subsection (a), reports received by the Secretary of State

 

 

10100HB0163sam002- 200 -LRB101 04752 RLC 74552 a

1under this Section shall, except during the actual time the
2suspension is in effect, be privileged information and for use
3only by the courts, police officers, prosecuting authorities,
4the driver licensing administrator of any other state, the
5Secretary of State, or the parent or legal guardian of a driver
6under the age of 18. However, beginning January 1, 2008, if the
7person is a CDL holder, the suspension shall also be made
8available to the driver licensing administrator of any other
9state, the U.S. Department of Transportation, and the affected
10driver or motor carrier or prospective motor carrier upon
11request.
12    (c-4) In the case of a suspension under paragraph 43 of
13subsection (a), the Secretary of State shall notify the person
14by mail that his or her driving privileges and driver's license
15will be suspended one month after the date of the mailing of
16the notice.
17    (c-5) The Secretary of State may, as a condition of the
18reissuance of a driver's license or permit to an applicant
19whose driver's license or permit has been suspended before he
20or she reached the age of 21 years pursuant to any of the
21provisions of this Section, require the applicant to
22participate in a driver remedial education course and be
23retested under Section 6-109 of this Code.
24    (d) This Section is subject to the provisions of the Driver
25Drivers License Compact.
26    (e) The Secretary of State shall not issue a restricted

 

 

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1driving permit to a person under the age of 16 years whose
2driving privileges have been suspended or revoked under any
3provisions of this Code.
4    (f) In accordance with 49 C.F.R. 384, the Secretary of
5State may not issue a restricted driving permit for the
6operation of a commercial motor vehicle to a person holding a
7CDL whose driving privileges have been suspended, revoked,
8cancelled, or disqualified under any provisions of this Code.
9(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
10101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
 
11    (625 ILCS 5/6-209.1)
12    Sec. 6-209.1. Restoration of driving privileges;
13revocation; suspension; cancellation.
14    (a) The Secretary shall rescind the suspension or
15cancellation of a person's driver's license that has been
16suspended or canceled before July 1, 2020 (the effective date
17of Public Act 101-623) this amendatory Act of the 101st General
18Assembly due to:
19        (1) the person being convicted of theft of motor fuel
20    under Section Sections 16-25 or 16K-15 of the Criminal Code
21    of 1961 or the Criminal Code of 2012;
22        (2) the person, since the issuance of the driver's
23    license, being adjudged to be afflicted with or suffering
24    from any mental disability or disease;
25        (3) a violation of Section 6-16 of the Liquor Control

 

 

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1    Act of 1934 or a similar provision of a local ordinance;
2        (4) the person being convicted of a violation of
3    Section 6-20 of the Liquor Control Act of 1934 or a similar
4    provision of a local ordinance, if the person presents a
5    certified copy of a court order that includes a finding
6    that the person was not an occupant of a motor vehicle at
7    the time of the violation;
8        (5) the person receiving a disposition of court
9    supervision for a violation of subsection subsections (a),
10    (d), or (e) of Section 6-20 of the Liquor Control Act of
11    1934 or a similar provision of a local ordinance, if the
12    person presents a certified copy of a court order that
13    includes a finding that the person was not an occupant of a
14    motor vehicle at the time of the violation;
15        (6) the person failing to pay any fine or penalty due
16    or owing as a result of 10 or more violations of a
17    municipality's or county's vehicular standing, parking, or
18    compliance regulations established by ordinance under
19    Section 11-208.3 of this Code;
20        (7) the person failing to satisfy any fine or penalty
21    resulting from a final order issued by the Illinois State
22    Toll Highway Authority relating directly or indirectly to 5
23    or more toll violations, toll evasions, or both;
24        (8) the person being convicted of a violation of
25    Section 4-102 of this Code, if the person presents a
26    certified copy of a court order that includes a finding

 

 

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1    that the person did not exercise actual physical control of
2    the vehicle at the time of the violation; or
3        (9) the person being convicted of criminal trespass to
4    vehicles under Section 21-2 of the Criminal Code of 2012,
5    if the person presents a certified copy of a court order
6    that includes a finding that the person did not exercise
7    actual physical control of the vehicle at the time of the
8    violation.
9    (b) As soon as practicable and no later than July 1, 2021,
10the Secretary shall rescind the suspension, cancellation, or
11prohibition of renewal of a person's driver's license that has
12been suspended, canceled, or whose renewal has been prohibited
13before the effective date of this amendatory Act of the 101st
14General Assembly due to the person having failed to pay any
15fine or penalty for traffic violations, automated traffic law
16enforcement system violations as defined in Sections 11-208.6,
17and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
18fees.
19(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
20    (625 ILCS 5/6-308)
21    Sec. 6-308. Procedures for traffic violations.
22    (a) Any person cited for violating this Code or a similar
23provision of a local ordinance for which a violation is a petty
24offense as defined by Section 5-1-17 of the Unified Code of
25Corrections, excluding business offenses as defined by Section

 

 

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15-1-2 of the Unified Code of Corrections or a violation of
2Section 15-111 or subsection (d) of Section 3-401 of this Code,
3shall not be required to sign the citation or post bond to
4secure bail for his or her release. All other provisions of
5this Code or similar provisions of local ordinances shall be
6governed by the pretrial release bail provisions of the
7Illinois Supreme Court Rules when it is not practical or
8feasible to take the person before a judge to have conditions
9of pretrial release bail set or to avoid undue delay because of
10the hour or circumstances.
11    (b) Whenever a person fails to appear in court, the court
12may continue the case for a minimum of 30 days and the clerk of
13the court shall send notice of the continued court date to the
14person's last known address. If the person does not appear in
15court on or before the continued court date or satisfy the
16court that the person's appearance in and surrender to the
17court is impossible for no fault of the person, the court shall
18enter an order of failure to appear. The clerk of the court
19shall notify the Secretary of State, on a report prescribed by
20the Secretary, of the court's order. The Secretary, when
21notified by the clerk of the court that an order of failure to
22appear has been entered, shall immediately suspend the person's
23driver's license, which shall be designated by the Secretary as
24a Failure to Appear suspension. The Secretary shall not remove
25the suspension, nor issue any permit or privileges to the
26person whose license has been suspended, until notified by the

 

 

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1ordering court that the person has appeared and resolved the
2violation. Upon compliance, the clerk of the court shall
3present the person with a notice of compliance containing the
4seal of the court, and shall notify the Secretary that the
5person has appeared and resolved the violation.
6    (c) Illinois Supreme Court Rules shall govern pretrial
7release bail and appearance procedures when a person who is a
8resident of another state that is not a member of the
9Nonresident Violator Compact of 1977 is cited for violating
10this Code or a similar provision of a local ordinance.
11(Source: P.A. 100-674, eff. 1-1-19.)
 
12    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
13    Sec. 6-500. Definitions of words and phrases.
14Notwithstanding the definitions set forth elsewhere in this
15Code, for purposes of the Uniform Commercial Driver's License
16Act (UCDLA), the words and phrases listed below have the
17meanings ascribed to them as follows:
18    (1) Alcohol. "Alcohol" means any substance containing any
19form of alcohol, including but not limited to ethanol,
20methanol, propanol, and isopropanol.
21    (2) Alcohol concentration. "Alcohol concentration" means:
22        (A) the number of grams of alcohol per 210 liters of
23    breath; or
24        (B) the number of grams of alcohol per 100 milliliters
25    of blood; or

 

 

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1        (C) the number of grams of alcohol per 67 milliliters
2    of urine.
3    Alcohol tests administered within 2 hours of the driver
4being "stopped or detained" shall be considered that driver's
5"alcohol concentration" for the purposes of enforcing this
6UCDLA.
7    (3) (Blank).
8    (4) (Blank).
9    (5) (Blank).
10    (5.3) CDLIS driver record. "CDLIS driver record" means the
11electronic record of the individual CDL driver's status and
12history stored by the State-of-Record as part of the Commercial
13Driver's License Information System, or CDLIS, established
14under 49 U.S.C. 31309.
15    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
16record" or "CDLIS MVR" means a report generated from the CDLIS
17driver record meeting the requirements for access to CDLIS
18information and provided by states to users authorized in 49
19C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21    (5.7) Commercial driver's license downgrade. "Commercial
22driver's license downgrade" or "CDL downgrade" means either:
23        (A) a state allows the driver to change his or her
24    self-certification to interstate, but operating
25    exclusively in transportation or operation excepted from
26    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

 

 

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1    391.2, 391.68, or 398.3;
2        (B) a state allows the driver to change his or her
3    self-certification to intrastate only, if the driver
4    qualifies under that state's physical qualification
5    requirements for intrastate only;
6        (C) a state allows the driver to change his or her
7    certification to intrastate, but operating exclusively in
8    transportation or operations excepted from all or part of
9    the state driver qualification requirements; or
10        (D) a state removes the CDL privilege from the driver
11    license.
12    (6) Commercial Motor Vehicle.
13        (A) "Commercial motor vehicle" or "CMV" means a motor
14    vehicle or combination of motor vehicles used in commerce,
15    except those referred to in subdivision (B), designed to
16    transport passengers or property if the motor vehicle:
17            (i) has a gross combination weight rating or gross
18        combination weight of 11,794 kilograms or more (26,001
19        pounds or more), whichever is greater, inclusive of any
20        towed unit with a gross vehicle weight rating or gross
21        vehicle weight of more than 4,536 kilograms (10,000
22        pounds), whichever is greater; or
23            (i-5) has a gross vehicle weight rating or gross
24        vehicle weight of 11,794 or more kilograms (26,001
25        pounds or more), whichever is greater; or
26            (ii) is designed to transport 16 or more persons,

 

 

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1        including the driver; or
2            (iii) is of any size and is used in transporting
3        hazardous materials as defined in 49 C.F.R. 383.5.
4        (B) Pursuant to the interpretation of the Commercial
5    Motor Vehicle Safety Act of 1986 by the Federal Highway
6    Administration, the definition of "commercial motor
7    vehicle" does not include:
8            (i) recreational vehicles, when operated primarily
9        for personal use;
10            (ii) vehicles owned by or operated under the
11        direction of the United States Department of Defense or
12        the United States Coast Guard only when operated by
13        non-civilian personnel. This includes any operator on
14        active military duty; members of the Reserves;
15        National Guard; personnel on part-time training; and
16        National Guard military technicians (civilians who are
17        required to wear military uniforms and are subject to
18        the Code of Military Justice); or
19            (iii) firefighting, police, and other emergency
20        equipment (including, without limitation, equipment
21        owned or operated by a HazMat or technical rescue team
22        authorized by a county board under Section 5-1127 of
23        the Counties Code), with audible and visual signals,
24        owned or operated by or for a governmental entity,
25        which is necessary to the preservation of life or
26        property or the execution of emergency governmental

 

 

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1        functions which are normally not subject to general
2        traffic rules and regulations.
3    (7) Controlled Substance. "Controlled substance" shall
4have the same meaning as defined in Section 102 of the Illinois
5Controlled Substances Act, and shall also include cannabis as
6defined in Section 3 of the Cannabis Control Act and
7methamphetamine as defined in Section 10 of the Methamphetamine
8Control and Community Protection Act.
9    (8) Conviction. "Conviction" means an unvacated
10adjudication of guilt or a determination that a person has
11violated or failed to comply with the law in a court of
12original jurisdiction or by an authorized administrative
13tribunal; an unvacated revocation of pretrial release
14forfeiture of bail or collateral deposited to secure the
15person's appearance in court; a plea of guilty or nolo
16contendere accepted by the court; the payment of a fine or
17court cost regardless of whether the imposition of sentence is
18deferred and ultimately a judgment dismissing the underlying
19charge is entered; or a violation of a condition of pretrial
20release without bail, regardless of whether or not the penalty
21is rebated, suspended or probated.
22    (8.5) Day. "Day" means calendar day.
23    (9) (Blank).
24    (10) (Blank).
25    (11) (Blank).
26    (12) (Blank).

 

 

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1    (13) Driver. "Driver" means any person who drives,
2operates, or is in physical control of a commercial motor
3vehicle, any person who is required to hold a CDL, or any
4person who is a holder of a CDL while operating a
5non-commercial motor vehicle.
6    (13.5) Driver applicant. "Driver applicant" means an
7individual who applies to a state or other jurisdiction to
8obtain, transfer, upgrade, or renew a CDL or to obtain or renew
9a CLP.
10    (13.8) Electronic device. "Electronic device" includes,
11but is not limited to, a cellular telephone, personal digital
12assistant, pager, computer, or any other device used to input,
13write, send, receive, or read text.
14    (14) Employee. "Employee" means a person who is employed as
15a commercial motor vehicle driver. A person who is
16self-employed as a commercial motor vehicle driver must comply
17with the requirements of this UCDLA pertaining to employees. An
18owner-operator on a long-term lease shall be considered an
19employee.
20    (15) Employer. "Employer" means a person (including the
21United States, a State or a local authority) who owns or leases
22a commercial motor vehicle or assigns employees to operate such
23a vehicle. A person who is self-employed as a commercial motor
24vehicle driver must comply with the requirements of this UCDLA.
25    (15.1) Endorsement. "Endorsement" means an authorization
26to an individual's CLP or CDL required to permit the individual

 

 

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1to operate certain types of commercial motor vehicles.
2    (15.2) Entry-level driver training. "Entry-level driver
3training" means the training an entry-level driver receives
4from an entity listed on the Federal Motor Carrier Safety
5Administration's Training Provider Registry prior to: (i)
6taking the CDL skills test required to receive the Class A or
7Class B CDL for the first time; (ii) taking the CDL skills test
8required to upgrade to a Class A or Class B CDL; or (iii)
9taking the CDL skills test required to obtain a passenger or
10school bus endorsement for the first time or the CDL knowledge
11test required to obtain a hazardous materials endorsement for
12the first time.
13    (15.3) Excepted interstate. "Excepted interstate" means a
14person who operates or expects to operate in interstate
15commerce, but engages exclusively in transportation or
16operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
17398.3 from all or part of the qualification requirements of 49
18C.F.R. Part 391 and is not required to obtain a medical
19examiner's certificate by 49 C.F.R. 391.45.
20    (15.5) Excepted intrastate. "Excepted intrastate" means a
21person who operates in intrastate commerce but engages
22exclusively in transportation or operations excepted from all
23or parts of the state driver qualification requirements.
24    (16) (Blank).
25    (16.5) Fatality. "Fatality" means the death of a person as
26a result of a motor vehicle accident.

 

 

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1    (16.7) Foreign commercial driver. "Foreign commercial
2driver" means a person licensed to operate a commercial motor
3vehicle by an authority outside the United States, or a citizen
4of a foreign country who operates a commercial motor vehicle in
5the United States.
6    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
7sovereign jurisdiction that does not fall within the definition
8of "State".
9    (18) (Blank).
10    (19) (Blank).
11    (20) Hazardous materials. "Hazardous material" means any
12material that has been designated under 49 U.S.C. 5103 and is
13required to be placarded under subpart F of 49 C.F.R. part 172
14or any quantity of a material listed as a select agent or toxin
15in 42 C.F.R. part 73.
16    (20.5) Imminent Hazard. "Imminent hazard" means the
17existence of any condition of a vehicle, employee, or
18commercial motor vehicle operations that substantially
19increases the likelihood of serious injury or death if not
20discontinued immediately; or a condition relating to hazardous
21material that presents a substantial likelihood that death,
22serious illness, severe personal injury, or a substantial
23endangerment to health, property, or the environment may occur
24before the reasonably foreseeable completion date of a formal
25proceeding begun to lessen the risk of that death, illness,
26injury or endangerment.

 

 

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1    (20.6) Issuance. "Issuance" means initial issuance,
2transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
3CLP or CDL.
4    (20.7) Issue. "Issue" means initial issuance, transfer,
5renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
6non-domiciled CDL.
7    (21) Long-term lease. "Long-term lease" means a lease of a
8commercial motor vehicle by the owner-lessor to a lessee, for a
9period of more than 29 days.
10    (21.01) Manual transmission. "Manual transmission" means a
11transmission utilizing a driver-operated clutch that is
12activated by a pedal or lever and a gear-shift mechanism
13operated either by hand or foot including those known as a
14stick shift, stick, straight drive, or standard transmission.
15All other transmissions, whether semi-automatic or automatic,
16shall be considered automatic for the purposes of the
17standardized restriction code.
18    (21.1) Medical examiner. "Medical examiner"